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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 24, 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, August 24, 2010.
Mayor Warmington opened the meeting with a prayer from Commissioner
Lawrence Spataro 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, and Lawrence Spataro,
City Manager Bryon Mazade, Assistant City Attorney William Meier, and City Clerk
Ann Marie Becker.
Absent: Commissioner Clara Shepherd (excused).
2010-74 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the August 9th Commission
Worksession Meeting and the August 10th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Admiral Petroleum – 531 E. Laketon Avenue, Request for an
Encroachment Agreement. ENGINEERING
SUMMARY OF REQUEST: Hopp Environmental, on behalf of Admiral Petroleum, is
requesting your permission to install five groundwater monitoring wells in the
easterly right-of-way of McIlwraith Street south of Laketon and within the alleys
located to the west of the Admiral station and west of McIlwraith.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement subject to
the supplemental conditions and compliance with the necessary insurance
requirements.
C. National Association for County and City Health Officials (NACCHO)
Achieve Grant Administration Agreement Between the City and County of
Muskegon. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The County of Muskegon obtained a NACCHO Achieve
Grant for improvements in the Jackson Hill Neighborhood in March 2009. Leisure
Services staff have assisted with the grant administration, along with County Health
Department staff. Since the funds are being spent in the City of Muskegon, we
have agreed that it is beneficial for the City to administer the grant funds. The
total funds available for the project to the Jackson Hill Neighborhood are $23,750.
The Community Health Action and Response Team (CHART) have determined that
the funds will be spent for community gardens at Marquette School, Aamodt Park
and Steele School. They are working on some additional projects, as well. The
agreement outlines the process for reimbursement.
FINANCIAL IMPACT: The City of Muskegon will ensure that only receipts that have
been approved in the Achieve budget, and include signatures from the CHART
Chairperson and Treasurer, are paid. In no cases will the budgeted line item be
exceeded. NACCHO will reimburse the City for expenditures.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement and authorize the Mayor’s
signature.
D. Fireworks Display Permit for Muskegon Shoreline Spectacular. CITY CLERK
SUMMARY OF REQUEST: Shoreline Foundation, Inc. is requesting approval of a
fireworks display permit for September 5th at the Muskegon Shoreline Spectacular.
Fire Marshall Metcalf has reviewed the request and recommends approval
contingent on inspection of the fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
I. Consideration of Bids for B-242 Department of Public Works Parking Lot.
ENGINEERING
SUMMARY OF REQUEST: Award the Department of Public Works Parking Lot project
to Wood Trucking Company out of Muskegon. They were the lowest responsible
bidder with a total bid price of $58,933.50.
FINANCIAL IMPACT: The construction cost of $58,933.50 plus engineering cost,
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the construction project to Wood Trucking
Company.
J. Selection of Vinyl Siding Installer for Fiscal Year 2010 – 2011. COMMUNITY
& NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Community & Neighborhood Services to sign
a contract with Mark Tucker Construction, 9121 Holton Road, Holton, MI; and
Cutting Edge, 766 Chatterson Road, Muskegon, MI to install vinyl siding at an
agreed price of $50 per building square for the Vinyl Siding Program’s 2010 – 2011
fiscal year. Last year’s price was $55 per building square.
The Community & Neighborhood Services office received two other bids from vinyl
siding installers:
• 4 Star Builders, Inc. – 3326 Lenedo # C, Muskegon, 49444 $55
• Gray Space Construction – 601 Amity, Muskegon, 49442 $260
FINANCIAL IMPACT: Funding will be disbursed from the 2010 – 2011 Community
Development Block Grant Vinyl Siding fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: The funding for the Vinyl Siding Program was
approved by the Commission during the 2010 – 2011 allocation period last April.
K. Selection of Vinyl Siding Supplier for Fiscal Year 2010 – 2011. COMMUNITY
& NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the Community & Neighborhood Services
department’s selection of the Vinyl Siding Supplier for 2010 - 2011 fiscal year. After
reviewing all bids, the department selected the bid from Keene Lumber, located
at 346 W. Laketon Avenue, Muskegon, MI for the price of $48 per building square
for white and $50 per square for color.
The Community & Neighborhood Services department received three additional
bids from:
• Premier Building Products $53.75 for white
2152 S. Harvey, Muskegon $53.75 for color
• Sethco Lumber $69.99 for white
4566 Apple Ave., Muskegon $72.99 for color
• Weber Lumber Co. $51.00 for white
465 Ottawa, Muskegon $51.00 for color
The above documentation shows the closeness of all the bids; but, because of the
long-term relationship with Keene Lumber as well as them being located in the City
of Muskegon, CNS has selected Keene Lumber to be the 2010 – 2011 Vinyl Siding
supplier for this fiscal year.
FINANCIAL IMPACT: Funding will be disbursed from the 2010 – 2011 Community
Development Block Grant Vinyl Siding fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: The funding for the Vinyl Siding Program was
approved by the Commission during the 2010 – 2011 allocation period last April.
L. Contract for Demolition of 1585 Hudson. COMMUNITY & NEIGHBORHOOD
SERVICES
SUMMARY OF REQUEST: Approval for Community & Neighborhood Services to
execute a contract with Press’s LLC, 8081 Holton Duck Lake Road, Holton, for the
demolition of the structure located at 1585 Hudson. This activity is under the
Neighborhood Stabilization Program. The bid is for $3,980, which was the lowest
bid. The City received two additional bids:
• Robert Peters, 2790 S. Maple Island, Muskegon for $4,300
• Tarte Trucking, 1138 Dangl Rd., Muskegon for $6,600
FINANCIAL IMPACT: The funding will be allocated from the City’s NSP Grant.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request.
M. Approval of Contractor for Complete Rehabilitation of CNS Homes.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the following rehabilitation contracts:
Gray Space, 601 Amity, Muskegon, for the complete rehabilitation of 1644 Division
in the amount of $35,945.
Mossy Oak Builders, 3101 Hall Road, Muskegon, for the complete rehabilitation of
1500 Leahy in the amount of $64,490.
JEA Construction, 4392 Hall Road, Muskegon, for the complete rehabilitation of
1733 Manz in the amount of $54,625.
Five contractors bid on the various projects.
The complete rehabilitation is being financed with Neighborhood Stabilization
funds from the Michigan State Housing Development Authority. After the total
rehabilitation is completed, the houses will be marketed to any eligible owner-
occupied homebuyer with a household income less than 120 percent of the area
median income.
FINANCIAL IMPACT: The funding for the project will be taken from the money
awarded to the City of Muskegon through the Neighborhood Stabilization
Program.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval for the Community & Neighborhood Services
office to develop a contract with these contractors and direct the Mayor and
Clerk to sign the contract. This is contingent upon CNS receiving the additional
NSP grant funding.
N. High Service Pump #5. WATER FILTRATION
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Wylie
Electric Motor Service Inc. out of Ferrysburg to perform the necessary repairs on
high service pump # 5 at the Water Filtration Plant for a not to exceed cost of
$8,321.62.
FINANCIAL IMPACT: The repair cost is $8,321.62.
BUDGET ACTION REQUIRED: The cost of repair is unexpected, however this situation
is planned as part of the Water Filtration Plant budget.
STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission
allow staff to enter into an agreement with Wylie Electric Motor Service Inc. for the
repair of the motor on high service pump # 5 at a cost of $8,321.62.
O. Request to Submit a Grant Application for Temple Street Resurfacing from
Young to Laketon. ENGINEERING
SUMMARY OF REQUEST: Adopt the resolution and authorize staff to submit a
request for a grant application to MDOT for TEDF-A economic funds to mill and
resurface Temple Street between Young and Laketon along with other necessary
work including drainage. The request is for $180,000 and will require a match of up
to $36,000 which will have to be budgeted for in the upcoming budget year. The
grant request is for 2011.
FINANCIAL IMPACT: A local share of $36,000 match plus engineering costs.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Adopt the resolution and authorize staff to submit the
application.
Motion by Vice Mayor Gawron, second by Commissioner Wisneski to accept the
Consent Agenda as presented minus items E, F, G, and H.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Spataro, and Warmington
Nays: None
MOTION PASSES
2010-75 ITEMS REMOVED FROM THE CONSENT AGENDA:
E. Budgeted Vehicle Replacement – Six 2011 Crown Victoria Police
Interceptors. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase six 2011 Crown Victoria Police
Interceptors.
FINANCIAL IMPACT: $130,860.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase from Vanderhyde Ford.
Motion by Commissioner Spataro, second by Commissioner Carter to award the
bid for six 2011 Crown Victoria Police Interceptors to Great Lakes Ford for $130,992
because it is within our local preference policy.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Spataro, Warmington, and Wierengo
Nays: None
MOTION PASSES
F. Budgeted Vehicle Replacement – One Regular Cab 2011 Ford F-250
Truck. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase one regular cab 2011 Ford F-250
Truck from Vanderhyde Ford.
FINANCIAL IMPACT: Total cost $18,295.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the purchase.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to award the
contract for one regular cab 2011 Ford F-250 truck to Great Lakes Ford for $18,371
because it is within our local preference policy.
ROLL VOTE: Ayes: Carter, Gawron, Spataro, Warmington, Wierengo, and Wisneski
Nays: None
MOTION PASSES
G. Budgeted Vehicle Replacement – Five Extended Cab 2011 Ford F-250
Trucks. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase five extended cab 2011 Ford F-250
Trucks from Vanderhyde Ford.
FINANCIAL IMPACT: Total cost $96,240.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the purchase.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to award the
contract for five extended cab 2011 Ford F-250 trucks to Great Lakes Ford for
$97,090 because it is within our local preference policy.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, Wierengo, Wisneski, and Carter
Nays: None
MOTION PASSES
H. Budgeted Vehicle Replacement – One Extended Cab 4x4 2011 Ford F-250
Truck. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase one extended cab 4x4 2011 Ford F-
250 Truck from Vanderhyde Ford.
FINANCIAL IMPACT: Total cost $23,038.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the purchase.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to award the
contract for one extended cab 4x4 2011 Ford F-250 truck to Great Lakes Ford for
$23,105 because it is within our local preference policy.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, and Gawron
Nays: None
MOTION PASSES
2010-76 PUBLIC HEARINGS:
A. Review 2009 – 2010 Consolidated Annual Performance Evaluation Report
(CAPER). COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To conduct a public hearing on August 24, 2010, to review
accomplishments and receive comments from the public concerning the 2009 –
2010 Consolidated Annual Performance Evaluation Report (CAPER) developed by
the Community & Neighborhood Services department.
After the public hearing has been conducted and all the comments have been
documented, the Community & Neighborhood Services office requests that the
Commission direct the staff to submit the required documents to the U. S.
Department of Housing and Urban Development (HUD) in compliance with 24 CFR
91.520, by no sooner than September 8, 2010.
FINANCIAL IMPACT: The City is required to submit the CAPER report in order to
continue receiving Community Development Block Grant (CDBG) and HOME
funding.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To direct staff to gather comments from the public and
to submit the CAPER to HUD after the public comment period has elapsed.
COMMITTEE RECOMMENDATION: The document was reviewed by the Citizen’s
District Council.
The Public Hearing opened to hear and consider any comments from the public.
No comments were made.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to close the
Public Hearing and direct staff to gather comments from the public and submit the
CAPER to the Housing and Urban Development Department after the public
comment period has elapsed.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, and Gawron
Nays: None
MOTION PASSES
2010-77 NEW BUSINESS:
A. Designation of Voting Delegates for the Michigan Municipal League
Annual Business Meeting. CITY CLERK
SUMMARY OF REQUEST: To designate by action of the Commission, one of our
officials who will be in attendance at the Convention as an official representative
to cast the vote of the municipality at the annual meeting; and, if possible, to
designate one other official to serve as alternate.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Carter, second by Commissioner Wisneski to designate
Commissioner Shepherd as the voting delegate for the Michigan Municipal League
annual business meeting.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, and Spataro
Nays: None
MOTION PASSES
B. Special Event Request – Breakwater Festival, Labor Day Weekend at
Margaret Drake Elliott Park. COMMUNITY & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Breakwater Festival has filed a special events
application to hold their annual festival at Pere Marquette/Margaret Drake Elliott
Park on Labor Day weekend, September 3–6, 2010.
They have requested that the City waive equipment rental fees for the following
items: 25 rolls of snow fence and poles, 30 picnic tables, 10 barricades, 20 metal
trash cans, 30 plastic trash cans, trash bags, and the Hackley Park stage. They
have stated that they will pick up, set up and return the equipment to the DPW, in
order to eliminate City staff costs.
FINANCIAL IMPACT: The Breakwater Festival requests that equipment rental fees
be waived, the estimated value of which is $2,325.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
Motion by Commissioner Wierengo, second by Commissioner Spataro to
disapprove the request.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Spataro, and Warmington
Nays: None
MOTION PASSES
C. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
1237 Pine Street (Area 11)
79 E. Grand Avenue (Area 13)
553 Oak Avenue (Area 11)
148 Allen Avenue (Area 11)
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 1237 Pine Street, 79 E.
Grand Avenue, 553 Oak Avenue, and 148 Allen Avenue.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Spataro, Warmington, and Wierengo
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Carter commented on the senseless violence
that has been going on over the last 30 days.
PUBLIC PARTICIPATION: Public comments received.
ADJOURNMENT: The City Commission Meeting adjourned at 7:02 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
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