View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 12, 2008
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 12,
2008.
Mayor Warmington opened the meeting with a prayer from Pastor Richard
Bennett from the First Wesleyan 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 Steve Wisneski, Chris Carter, and Lawrence Spataro, City
Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Ann Marie
Becker.
Absent: Commissioners Sue Wierengo and Clara Shepherd (both excused)
2008-69 INTRODUCTIONS/PRESENTATION:
A. Bike to Work Day. Mayor Warmington announced that August 20,
2008, is Ride On Day. He encouraged everyone to ride their bike to work that
day.
2008-70 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, July 22nd.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Special Event – Multiple Liquor License Request for Hot Rod Harley-
Davidson/American Red Cross. LEISURE SERVICES
SUMMARY OF REQUEST: Hot Rod Harley-Davidson/American Red Cross, 149
Shoreline Dr. is requesting a temporary liquor license, for August 23 through
August 24, 2008. The event is a fundraiser to benefit the American Red Cross.
The Child Abuse Council was previously approved for a temporary alcohol
license for August 23rd.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: The Leisure Services staff approved per Special Event
policy guidelines August 4, 2008.
E. Certification of MERS Representatives. FINANCE
SUMMARY OF REQUEST: The MERS plan document provides that “the governing
body for each municipality shall certify the names of two (2) delegates to the
Annual Meeting. One delegate shall be a member who is an officer of the
municipality appointed by the governing body of the municipality. The other
delegate shall be a member who is not an officer of the municipality, elected
by the member officer/employees of the municipality.”
Each City bargaining unit selects a member to attend the MERS annual
meeting. The bargaining units have agreed to a rotating system (based on
date of joining MERS) to select one official employee representative. This year
the employee representative will be Gerald Ziegler from the Police Command
unit.
FINANCIAL IMPACT: Cost of attending MERS conference in Traverse City
estimated to be $700 per person.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Certification of Tim Paul and Gerald Ziegler to be the
City’s officer and employee delegates at the MERS annual meeting in Traverse
City September 30 – October 2.
F. Army Corps of Engineers Supplemental Agreement – Pier Safety. CITY
MANAGER
SUMMARY OF REQUEST: To approve Supplemental Agreement No. 2 to the Army
Corps of Engineers Lease No. DACW35-1-91-3004. This supplemental agreement
will incorporate the North Breakwater of the Muskegon Harbor into the lease to
allow the placement of pier safety devices.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Supplemental Agreement.
G. Post-Construction Stormwater Controls Resolution. PUBLIC WORKS
SUMMARY OF REQUEST: The City is required to re-apply for a stormwater permit.
Stormwater runoff must be addressed at newly-developed or redeveloped
properties. Since the City does not have a legal mechanism for regulating
stormwater control, our consultant, FTC&H, recommends the City approve the
resolution as a procedure in place to regulate stormwater control which has not
been codified as a regulatory mechanism. The City also commits to finalize a
regulatory mechanism for stormwater control on or before April 1, 2013.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None is needed.
STAFF RECOMMENDATION: Approve this resolution for post-construction
stormwater controls.
H. 2008 – 2009 City of Norton Shores CDBG Administration Contract.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract between the City of Norton
Shores and the City of Muskegon for the administration of Norton Shores’ 2008 –
2009 CDBG program.
The agreed revenues to be earned from this transition are $22,000, to be paid on
a quarterly basis. This is the third year that the CNS office will be administering
the City of Norton Shores’ CDBG program.
FINANCIAL IMPACT: The City will receive the revenues and will be deposited in
the CDBG Administration Fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To direct the Mayor and the City Clerk to sign the
contract.
I. Accounting Services Contract. FINANCE
SUMMARY OF REQUEST: Since 1997, we have utilized a contractual arrangement
for accounting services. This arrangement was put in place in lieu of replacing a
full-time finance clerk employee who retired. The accounting services contract
has proved very cost-effective for the City. We receive excellent service at a
very reasonable rate, pay only for actual hours worked, and have benefitted
from having the same person provide services for more than eight years. The
current contract is nearing expiration and staff recommends renewing for a
three-year period at a fixed rate of $40.00/hour. This represents a $5.00/hour
increase over the current rate ($35.00), but is still less than the $42.00/hour rate
paid in 2003-06.
FINANCIAL IMPACT: The City uses about 20 hours of service each month under
this contract. The projected annual cost is $9,600, far less than the cost of the
full-time position the contract replaced.
Data
Year Sum of Hours Sum of Total
2003 306.8 $ 13,138
2004 276.5 $ 11,899
2005 253.3 $ 10,637
2006 316.0 $ 13,074
2007 201.5 $ 6,045
2008 (thru June) 136.8 $ 4,786
Grand Total 1,490.8 $ 59,578
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of a three-year extension (2009, 2010, 2011)
to the current accounting services contract with Dobb Accounting.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Consent Agenda as read minus items C and D.
ROLL VOTE: Ayes: Spataro, Warmington, Wisneski, Carter, and Gawron
Nays: None
MOTION PASSES
2008-71 ITEMS REMOVED FROM THE CONSENT AGENDA:
C. Request for Encroachment Agreement for 333 W. Western Avenue, Suite
1B. ENGINEERING
SUMMARY OF REQUEST: New Trend Investments LLC has submitted an
encroachment agreement form requesting your permission to install a 15’
attached canopy on the side of the building facing Second St., and use 15’ of
the sidewalk for outdoor seating at the Muskegon Athletic Club.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
request for an encroachment agreement for 333 W. Western Avenue, Suite 1B.
ROLL VOTE: Ayes: Carter, Gawron, Spataro, Warmington, and Wisneski
Nays: None
MOTION PASSES
D. Request for Encroachment Agreement for Baker College of Muskegon,
Clay Avenue. ENGINEERING
SUMMARY OF REQUEST: Baker College of Muskegon has submitted an
encroachment agreement form requesting your permission to install 90 feet of
PVC conduit under Morris Ave. along Third St. and place 198 feet of innerduct in
the existing sleeves in each of the 66 foot rights-of-way beneath First St., Second
St., and Jefferson St. for a total encroachment of 288 feet.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement install 90
feet of PVC conduit under Morris Ave. along Third St. and place 198 feet of
innerduct in the existing sleeves in each of the 66 foot rights-of-way beneath First
St., Second St., and Jefferson St. for a total encroachment of 288 feet per the
plans.
Motion by Commissioner Spataro, second by Commissioner Wisneski to approve
the request for an encroachment agreement for Baker College of Muskegon for
Clay Avenue, First Street, Second Street, and Jefferson Street for a total
encroachment of 288 feet per the plans to the extent that we control the rights-
of-way.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Spataro, and Warmington
Nays: None
MOTION PASSES
2008-72 UNFINISHED BUSINESS:
A. Memorial Honoring Commissioner Kevin Davis. LEISURE SERVICES
SUMMARY OF REQUEST: Beachwood-Bluffton Neighborhood Association request
that the volleyball court area at Pere Marquette Park north of Captain Jack’s
Restaurant be named Kevin Davis Volleyball Ct., in honor of former
Commissioner Kevin Davis for his public service to the citizens of Muskegon and
devotion to developing Beach Volleyball at Pere Marquette Park.
The Neighborhood Association will have a dedication ceremony at their
community picnic, August 19th at 6:00 p.m. at the Margaret Drake-Elliott pavilion.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval.
COMMITTEE RECOMMENDATION: The Leisure Service Board approved the
recommendation at their February 19th meeting.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the memorial honoring Commissioner Kevin Davis.
ROLL VOTE: Ayes: Spataro, Warmington, Wisneski, Carter, and Gawron
Nays: None
MOTION PASSES
2008-73 NEW BUSINESS:
COMMUNITY & NEIGHBORHOOD
A. Reallocation of 2008 HOME Funds.
SERVICES
SUMMARY OF REQUEST: To approve for the Commission to direct the Community
Neighborhood Services office to amend the 2008 – 2009 Action Plan in order to
deduct $65,000 from the HOME Total Rehabilitation program in order that it may
be used for the City’s Pilot Weatherization program. This plan assisted 22
Muskegon households in which 91% were senior citizens. The households
received assistance with windows, doors, insulation, thermostats and furnaces.
The CNS office, in an attempt to be proactive, established this pilot program in
expectation of the predicted 30% increase in energy cost this coming winter.
FINANCIAL IMPACT: The HOME Total Rehabilitation program will be decreased
by $65,000. The Pilot Weatherization program will be funded at $65,000. After
the CNS office has sold homes out of our existing inventory and all deficit arrears
have been met, revenues from our HOME sales will be placed back in the Total
Rehabilitation program at an amount of $65,000.
BUDGET ACTION REQUIRED: Stated above.
STAFF RECOMMENDATION: To direct staff to amend the 2008 – 2009 Action Plan
to fund the Pilot Weatherization program.
COMMITTEE RECOMMENDATION: The City Commission approved the
Weatherization Program on April 22, 2008.
Motion by Vice Mayor Gawron, second by Commissioner Carter to direct staff to
amend the 2008 – 2009 Action Plan to fund the Pilot Weatherization program.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, Wisneski, and Carter
Nays: None
MOTION PASSES
B. Sanitary Sewer Repair at Apple Avenue and Spring Street.
ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Felco
Contractors, Inc. to make necessary repairs of the sanitary sewer at the
intersection of Apple Ave. and Spring St. as a change order to the Pine St.,
Apple Ave. to Western Ave. construction project.
FINANCIAL IMPACT: The estimated cost of $24,389.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Felco
Contractors, Inc. to provide all labor and materials to perform the tasks outlined
in the change order.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the sanitary sewer repair of Apple Avenue and Spring Street agreement with
Felco Contractors to provide all labor and materials to perform the tasks outlined
in the change order.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Spataro, and Warmington
Nays: None
MOTION PASSES
C. Construction Engineering Services for Richards Park Building
Demolition. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into a construction engineering
services agreement with Environmental Resources Management, Inc. (ERM) to
perform the demolition support services for the former wastewater treatment
plant at Richards Park including bid document preparation, environmental
oversight, and demolition oversight.
ERM is being recommended due to the reasonable fee proposal $14,500 as well
as their expertise in environmental issues.
FINANCIAL IMPACT: $14,500.
BUDGET ACTION REQUIRED: None since the project was budgeted for in the
2008 CIP.
STAFF RECOMMENDATION: Authorize staff to enter into a construction
engineering services agreement with ERM.
Motion by Vice Mayor Gawron, second by Commissioner Carter to authorize
staff to enter into a construction engineering services agreement with
Environmental Resources Management, Inc. regarding the Richards Park
building demolition.
ROLL VOTE: Ayes: Warmington, Wisneski, Carter, Gawron, and Spataro
Nays: None
MOTION PASSES
D. Home Rehabilitation Fund Deficit Elimination Plan. FINANCE
SUMMARY OF REQUEST: At December 31, 2007 the City of Muskegon Home
Rehabilitation Fund had a deficit balance of $231,345. Act 275 of the Public
Acts of 1980 requires that the City file a Deficit Elimination Plan with the Michigan
Department of Treasury. Staff is requesting adoption of the Home Rehabilitation
Fund Deficit Elimination Plan Resolution.
FINANCIAL IMPACT: As presented by the Deficit Elimination Plan, the Home
Rehabilitation Fund will no longer have a deficit by December 31, 2009.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adoption of the Home Rehabilitation Fund Deficit
Elimination Plan Resolution.
Motion by Commissioner Spataro, second by Commissioner Wisneski to adopt
the Home Rehabilitation Fund Deficit Elimination Plan.
ROLL VOTE: Ayes: Spataro, Warmington, Wisneski, Carter, and Gawron
Nays: None
MOTION PASSES
E. Purchase of Video Security System – City Hall. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting Commission
approval to purchase a video security system to be installed in various locations
throughout City Hall. The locations include all entrances, the basement, the
public area of the Police Department and the public area adjacent to the
Treasurer’s service counter.
The three bids that were solicited are as follows:
Lakeshore Security & Electronics, Hesperia, $7,253.15
ADT, Wyoming, $9,225.00
Vision Technology International, Grandville, $12,383.00
This project is a joint effort between Public Safety, Engineering and Information
Technology.
FINANCIAL IMPACT: The City applied for and has been approved for a grant
from the Michigan Municipal Risk Management Authority. The grant will cover
50% funding up to $5,000 towards this project.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends the bid from Lakeshore Security &
Electronics be accepted.
Motion by Vice Mayor Gawron, second by Commissioner Carter to accept the
bid from Lakeshore Security & Electronics from Hesperia for the purchase of a
video security system for City Hall.
ROLL VOTE: Ayes: Carter, Gawron, Spataro, Warmington, and Wisneski
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:11 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
Sign up for City of Muskegon Emails