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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 25, 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, March 25,
2008.
Mayor Warmington opened the meeting with a prayer from Reverend Diane
Bowden from the Crestwood United Methodist 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 Clara Shepherd, Lawrence Spataro, Sue Wierengo, Steve
Wisneski, and Chris Carter, City Manager Bryon Mazade, City Attorney John
Schrier, and City Clerk Ann Marie Becker.
2008-28 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the March 10th Commission
Worksession, and the March 11th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Magnetic Flow Meter. WATER FILTRATION
SUMMARY OF REQUEST: Award a contract to replace the venturi tube meter at
the filtration plant with a more accurate magnetic flow meter to Jackson
Merkey contractors of Muskegon; the lowest responsible bidder with a bid price
of $256, 475.
FINANCIAL IMPACT: $256,475.
BUDGET ACTION REQUIRED: The 2008 Filtration Plant capitol improvements
budget includes $130,000 for the meter and clear well valve projects. The first
quarter budget re-forecast will be adjusted to reflect the deletion of the clear
well project and to increase the meter project budget to $270,000.
STAFF RECOMMENDATION: Award of this project to Jackson-Merkey Contractors
at a cost of $256,475.
C. Muskegon Bike Time Events, Inc. - July 18th thru July 20th, 2008. LEISURE
SERVICES
SUMMARY OF REQUEST: Muskegon Bike Time sent a letter dated October 22,
2007, which included several requests to the City of Muskegon. The Leisure
Services Board and City staff have reviewed the request and recommend
approval, with the conditions outlined in the staff memo from Cathy Brubaker-
Clarke, dated March 17, and with the modifications suggested by the Leisure
Services Board at their March 17, 2008, meeting.
FINANCIAL IMPACT: Additional information will be needed regarding the City
equipment for Bike Time. It is recommended that staff make the final decision
regarding rental fees, actual costs, and/or exchange of concert tickets.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request from Bike Time as outlined in
their letter dated October 22, 2007, with the conditions outlined by staff in the
memo dated March 17, 2008, and the Leisure Services Board.
COMMITTEE RECOMMENDATION: The Leisure Services Board approved the
request from Bike Time with the conditions outlined by staff in the March 17,
2008, memo, and with the final information regarding closure of Clay Avenue
between 3rd and 4th Street during Parties-in-the-Park to be coordinated through
the Police Chief and the Parties-in-the-Park Committee.
D. Consideration of Bids for the Culvert Replacement at the West Branch
of Ruddiman Creek, North of Sherman Blvd. (SP-202). ENGINEERING
SUMMARY OF REQUEST: Award this joint venture project between Muskegon,
Norton Shores and Roosevelt Park to Dykstra Excavating of Grand Rapids since
they were the lowest, responsible bidder with a bid price of $134,382.40. The
project entails the replacement of an existing corrugated metal pipe culvert
with a concrete box culvert. This project is not a prevailing wage contract since
the City has only a 37% participation and the other two communities do not
have a prevailing wage requirement.
The award, if approved, needs to be contingent upon securing the necessary
permits and easements.
FINANCIAL IMPACT: The construction cost of $134, 382.40 plus engineering cost
which is estimated at an additional 15% to be shared between the three
communities.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the culvert replacement contract to Dykstra
Excavating.
F. Crack Sealing Machine. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase a used Crafco 125 crack sealing
machine.
FINANCIAL IMPACT: $12,699.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase from National Highway
Maintenance.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the consent agenda as read minus item E.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION PASSES
2008-29 ITEM REMOVED FROM THE CONSENT AGENDA:
E. Budgeted Vehicle Replacement. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase six 2008 Crown Victoria
Police Interceptors from Whitehall Ford since they were the lowest bidder with a
bid price of $124,014.
FINANCIAL IMPACT: $124,014.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to purchase the cruisers from
Whitehall Ford.
Motion by Commissioner Carter, second by Commissioner Wierengo to
purchase six 2008 Crown Victoria Police Interceptors from Great Lakes Ford,
2469 E. Apple Avenue, for $124,200.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, and Shepherd
Nays: Spataro, and Gawron
MOTION PASSES
2008-30 UNFINISHED BUSINESS:
A. Create a Special Assessment District for Estes Street, Fair to Lakeshore.
ENGINEERING
SUMMARY OF REQUEST: Create a special assessment district for Estes Street, Fair
to Lakeshore; and appoint two City Commissioners to the Board of Assessors if it
is determined to proceed with the project. A public hearing was held at the
March 11th City Commission Meeting.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
Motion by Commissioner Spataro, second by Commissioner Wisneski to create a
special assessment district for Estes Street, Fair to Lakeshore.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, and Spataro
Nays: Warmington
MOTION DEFEATED
B. Create a Special Assessment District for Seventh Street, Muskegon to
Webster. ENGINEERING
SUMMARY OF REQUEST: Create a special assessment district for Seventh Street,
Muskegon to Webster; and appoint two City Commissioners to the Board of
Assessors if it is determined to proceed with the project. A public hearing was
held at the March 11th City Commission Meeting.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to create the
special assessment district for Seventh Street, Muskegon to Webster.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
Mayor Warmington appointed Vice Mayor Gawron and Commissioner Spataro
to the Board of Assessors.
2008-31 NEW BUSINESS:
A. Water Service Agreement with the City of Muskegon Heights. CITY
MANAGER
SUMMARY OF REQUEST: To approve a short-term agreement with the City of
Muskegon Heights for the operation of the Muskegon Heights water filtration
plant and water distribution system.
FINANCIAL IMPACT: The city will be paid at a rate of $80 an hour.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement and authorize the Mayor
and Clerk to sign it.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve
a short-term agreement with the City of Muskegon Heights for the operation of
the Muskegon Heights water filtration plant and water distribution system.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
B. Environmental Program Trash Clean-up Contract. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The special trash pick-up on city terraces and right-of-
ways associated with our Environmental Inspections program is currently being
performed by Diversified UG Utilities, Inc. A request for bids was advertised with
three companies placing bids. Big Sky Field Services is the low bidder for a one-
year and three-year agreement.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To waive the bid irregularity and approve the
contract and to authorize the Mayor and City Clerk to sign a three-year
agreement with Big Sky Field Services for the special trash pick-ups along city
right-of-ways, as directed by Environmental Inspections staff.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the environmental program trash clean-up contract with Big Sky Field Services.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
C. Environmental Program Mowing and Trash Clean-up Contract.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The contract for mowing of lots and trash clean-up of
public and private properties previously held by Freelance Enterprises, Inc., will
expire on March 29, 2008. A request for bids was advertised and five companies
placed bids. One set of bids submitted by Murray Vanderstelt were
contradictory and very incomplete. Freelance Enterprises of Muskegon
Township is the low bidder for a two-year agreement and Earth Creations of
Fruitland Township is the second lowest bidder.
FINANCIAL IMPACT: None – funds budgeted for this activity.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To formally reject the bid submitted by Mr. Murray
Vanderstelt because of severely deficient bid documents and approve a two-
year contract with Freelance Enterprises, Inc. Additionally, to approve a three-
year contract with Earth Creations and to authorize the Mayor and City Clerk to
sign agreements with both companies for the mowing of lots and trash removal
on properties located within the City.
Motion by Vice Mayor Gawron, second by Commissioner Carter to formally
reject the bid submitted by Mr. Murray Vanderstelt because of deficiencies and
approve a two-year contract with Freelance Enterprises, Inc., and additionally to
approve a three-year contract with Earth Creations.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
D. Site Assessment Development and Reimbursement Agreement
between Viridian Properties LLC and the City of Muskegon. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon has a Brownfield Redevelopment
Loan in the amount of $500,000 with the Michigan Department of Environmental
Quality (MDEQ). The loan is for purposes of addressing environmental
assessment and remediation for sites being redeveloped. An agreement has
been reached with Dan Henrickson of Viridian Properties LLC to use $250,000 of
the loan for site improvements on Edison Landing. These improvements will
address environmental concerns, enhance the aesthetics of the site and make
the property more desirable from a marketing standpoint. Although the loan is
between the City and MDEQ, Mr. Henrickson has agreed to make the loan
payments.
FINANCIAL IMPACT: None, as Mr. Henrickson will be making the loan payments.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Development and Reimbursement
Agreement and authorize the Mayor and City Clerk to sign.
Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the site assessment development and reimbursement agreement between
Viridian Properties LLC and the City of Muskegon.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION PASSES
E. Liquor License Transfer Request for Community Management, Inc., 1149
Wood. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Community Management, Inc. to transfer
ownership of the 2007 SDD and SDM licensed business located at 1149 Wood
Street from Christian Kado, LLC.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the liquor license transfer request for Community Management, Inc., 1149 Wood
Street.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, and Shepherd
Nays: Wisneski and Gawron
MOTION PASSES
F. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
555 Amity – Area 12
256 Iona – Area 11
811 W. Grand – Area 12
1850 Park
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 for 555 Amity and 256 Iona; General Funds for
811 W. Grand and 1850 Park.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Carter, second by Commissioner Shepherd to concur
with the Housing Board of Appeals notice and order to demolish 555 Amity and
811 W. Grand.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to concur
with the Housing Board of Appeals notice and order to demolish 256 Iona.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: Wierengo
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 1850 Park.
Motion by Commissioner Spataro, second by Commissioner Carter to table the
concurrence with the Housing Board of Appeals notice and order to demolish
1850 Park for 45 days and authorize staff to review the engineering drawings and
issue permits and report back to the Commission on the progress.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Various comments were made.
ADJOURNMENT: The City Commission Meeting adjourned at 6:50 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
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