View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 23, 2010
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, March 23,
2010.
Mayor Warmington opened the meeting with a prayer from Reverend
Michael Borgert from the First Christian Reformed Church after which the
Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Sue Wierengo, Steve Wisneski, Chris Carter, Clara Shepherd, and
Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Becker.
2010-24 HONORS AND AWARDS:
A. Outstanding Citizenship Awards.
Commissioner Wierengo presented Outstanding Citizenship Awards to Sherry
Walton-Steele and Randy Dahlquist. Tom Pastoor also received the award but
was unable to attend tonight’s meeting.
B. Life Saving Award – Amos Lee Johnson, Jr.
Tony Kleibecker, Public Safety Director, presented a Life Saving Awarded to Mr.
Amos Lee Johnson, Jr., for helping to save the lives of two 10 year old girls.
2010-25 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the March 8th Commission
Worksession, and the March 9th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Request to Amend Encroachment Agreement #2007-23(k).
ENGINEERING
SUMMARY OF REQUEST: WSP on behalf of Federal-Mogul is requesting your
permission to amend agreement #2007-23(k) to install two additional monitoring
wells in the public R-O-W near the contaminated site of Kens Super Serve, 331
West Laketon Avenue (Windsor Avenue West of Henry Street, and Henry Street
between Laketon Avenue and Larch Avenue). This brings the total to five wells
at that location. The request was made through the encroachment agreement
form.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement subject
to the supplemental conditions.
D. Consideration of Bids for Janitorial Services Contract 2010-2013.
ENGINEERING
SUMMARY OF REQUEST: Award the Janitorial Services Contract to Reliant
Professional Cleaning Services out of Grand Haven. The contract is to clean City
Hall, DPW, and the Filtration Plant for the next three years starting May 1st of 2010
until April 30th of 2013 with an option of a fourth year. Reliant Professional
Cleaning Services was the lowest responsible bidder with a bid price as follows:
Year 1 Year 2 Year 3 Total
Public Service $12,804.00 $12,804.00 $12,804.00 $38,412.00
Building
City Hall / Police $36,564.00 $36,564.00 $36,564.00 $109,692.00
Department
Water Filtration $12,420.00 $12,420.00 $12,420.00 $37,260.00
Plant
All Sites $61,788.00 $61,788.00 $61,788.00 $185,364.00
FINANCIAL IMPACT: The above stated annual costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the three-year contract to Reliant
Professional Cleaning.
F. Budgeted Vehicle Replacement - Mowers. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase one Groundsmaster 3280 two-
wheel drive and one 3280 Groundsmaster four-wheel drive mowers.
FINANCIAL IMPACT: Cost $35,137.06.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase.
G. Electronic Voter File’s Electronic Laptop & Accessories Grant. CITY
CLERK
SUMMARY OF REQUEST: Under the Help America Vote Act, the State of
Michigan is offering a grant for 15 electronic pollbook laptops and accessories
at no cost to the City. Under this grant, the City needs to commit to using the
electronic pollbooks at each election. This new technology has been piloted in
several communities with great success.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Acceptance of the grant.
H. Support of North Muskegon and Lake Avenue Trail Project. CITY CLERK
SUMMARY OF REQUEST: The City of North Muskegon is applying for a Michigan
Department of Transportation Enhancement grant. They are requesting that the
City of Muskegon submit a letter of support.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff has reviewed the request and has no
objections.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Consent Agenda as read minus items C and E.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
2010-26 ITEMS REMOVED FROM THE CONSENT AGENDA:
C. Aggregates, Highway Maintenance Materials and Concrete. PUBLIC
WORKS
SUMMARY OF REQUEST:
Award bid to supply H1 and H2 limestone chip blend to Verplank Trucking
Company, PO Box 8, Ferrysburg, MI 49409
Award bid to supply road slag to Verplank Trucking Company, PO Box 8,
Ferrysburg, MI 49409
Award bid to supply Sylvax patching material (CP-6 alternative) to Asphalt
Paving, Inc., 1000 E. Sherman Boulevard, Muskegon MI 49444-0190
Award bid for crack sealant to Lakeshore PLM, Inc., 6818 Harvey Street, Spring
Lake, MI 49456
Award bid to supply bituminous asphalt product to Asphalt Paving, Inc., 1000 E.
Sherman Boulevard, Muskegon MI 49444-0190
Award bid to supply Calcium Chloride 38% (road brine) and 32% (winter salting)
to Great Lakes Chloride,1012 E. Free Soil Rd, Free Soil, MI 49411
Award bid to supply screened top soil to Jackson-Merkey Contractors, Inc., 555
W. Western, Muskegon, MI 49442
Award bid to supply 2NS sand to Jackson-Merkey Contractors, Inc., 555 W.
Western, Muskegon, MI 49442
Award bid to supply 7-sack mix concrete to Port City Redi-Mix, 1780 Sheridan
Road, Muskegon, MI 49442; contingent upon product availability, timely
deliveries, and prices as quoted.
FINANCIAL IMPACT: $250,340 based on 2009 quantities at 2010 quotes.
BUDGET ACTION REQUIRED: None, funds appropriated in several budgets.
STAFF RECOMMENDATION: Award bids to suppliers.
Commissioner Wisneski stated that one of the companies is a client of his.
Motion by Commissioner Wisneski, second by Commissioner Wierengo to
approve the Aggregates, Highway Maintenance Materials and Concrete
Contracts.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
E. 2010, 2011 and 2012 Street Sweeping Contract. PUBLIC WORKS
SUMMARY OF REQUEST: To award a three-year contract to provide four annual
street sweepings to Tri-Us Services, Inc., 78 N. Ball Creek Rd., Kent City, Michigan.
FINANCIAL IMPACT: $139,700.50 each year; $419,101.50 over the course of the
contract. Excludes special requests charged at $100/hour.
BUDGET ACTION REQUIRED: None, monies appropriated in highway and state
trunkline budgets.
STAFF RECOMMENDATION: Approval of this request.
Motion by Commissioner Shepherd, second by Commissioner Spataro to
approve the 2010, 2011 and 2012 Street Sweeping Contract.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
2010-27 UNFINISHED BUSINESS:
A. Liquor License Renewal Resolution – Final Recommendations. CITY
CLERK
SUMMARY OF REQUEST: To adopt the final resolution recommending non-
renewal of those liquor license establishments who are in violation of Section 50-
146 and 50-147 of the Code of Ordinances for the City of Muskegon. These
establishments have been found to be in non-compliance with the City Code of
Ordinances.
Many businesses on the list are found to owe taxes to the City. As instructed by
the City Commission, representatives of these businesses may be present at the
meeting having made payment arrangements and asking the City Commission
for leniency.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt a final recommendation to be forwarded
to the Liquor Control Commission.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the Liquor License Renewal Resolution – Final Recommendation.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, and
Gawron
Nays: Wisneski
MOTION PASSES
2010-28 NEW BUSINESS:
A. Michigan Strategic Fund – Christian Care. CITY CLERK
SUMMARY OF REQUEST: The Michigan Strategic Fund is considering an
application from Christian Care for issuance of tax exempt bonds by the Fund
for a project in Muskegon Township. Christian Care is currently located in the
City of Muskegon and moving the company will be a loss of 20 full-time positions
within the City. If the City Commission wishes to raise an objection, a certified
resolution stating such must be forwarded to the Michigan Strategic Fund.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the resolution requested from Christian Care regarding Michigan Strategic Fund.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
Nays: None
MOTION PASSES
B. 2010 – 2011 CDBG/HOME Recommendations. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To accept the recommendations of the Administration
and Citizen’s District Council in regards to the 2010-2011 CDBG/HOME
anticipated entitlement. The Commission is scheduled to make their preliminary
decision regarding the 2010-2011 CDBG/HOME allocation entitlement during the
City Commission meeting scheduled for March 23, 2010, with final determination
at the April 13th meeting.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the acceptance of the
recommendations of the Administration and Citizen’s District Council and to
make their preliminary recommendations.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to accept
the recommendations of the Administration and Citizen’s District Council in order
to make our preliminary recommendations before our final determination on
April 13.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
C. Police Patrol Contract. CITY MANAGER
SUMMARY OF REQUEST: To ratify a collective bargaining agreement with the
Police Patrol Union (Police Officers Labor Council) for years 2010 and 2011.
FINANCIAL IMPACT: Provided in separate summary.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request and authorize the Mayor
and Clerk to execute the agreement.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the request and authorize the Mayor and Clerk to execute the contract
with the Police Officers Labor Council.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
D. Standards of Conduct Resolution. CITY MANAGER
SUMMARY OF REQUEST: Consideration of the proposed Standards of Conduct
Resolution.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
Motion by Commissioner Spataro, second by Commissioner Wierengo to adopt
the Standards of Conduct Resolution.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
E. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 919 Windsor Avenue and 439 Houston Avenue. PUBLIC
SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 30 days. It
is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 919 Windsor Avenue
and 439 Houston Avenue. (Motion amended – see following)
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington,
Wierengo, and Wisneski
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Wierengo to amend
the previous motion to table action on 439 Houston Avenue to the second
meeting in April.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
F. Renaming a Portion of Fifth Street. MAYOR WARMINGTON
SUMMARY OF REQUEST: Through resolution, to authorize the renaming of Fifth
Street from Western Avenue north to its end, to Robin Bouchard Drive in honor of
Robin Bouchard having broken the International Hockey League’s career goals
record as a Muskegon Lumberjacks’ player.
FINANCIAL IMPACT: Minimal.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt this resolution, authorize the Mayor and
Clerk to sign it, and authorize the Department of Public Works to effect the
required changes.
Motion by Commissioner Shepherd, second by Commissioner Spataro to
approve the renaming of a portion of Fifth Street between Western Avenue north
to its end to Robin Bouchard Drive.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 7:03 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
Sign up for City of Muskegon Emails