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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 8, 2013
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Setting Worksession and Commission Meetings. CITY CLERK
C. Gaming License Request from Muskegon Bike Time Events, Inc. CITY
CLERK
D. Consideration of Bids: HVAC Cleaning at City Hall and Public Service
Buildings. ENGINEERING
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
ANY OTHER BUSINESS:
PUBLIC PARTICIPATION:
Reminder: Individuals who would like to address the City Commission shall do the following:
Fill out a request to speak form attached to the agenda or located in the back of the room.
Submit the form to the City Clerk.
Be recognized by the Chair.
Step forward to the microphone.
State name and address.
Limit of 3 minutes to address the Commission.
(Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
CLOSED SESSION:
ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Cummings, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or
TTY/TDD dial 7-1-1 to request a representative to dial (231) 724-6705.
Date: January 8, 2013
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the December 10th
Commission Worksession Meeting and the December 11th City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
City of Muskegon
City Commission Worksession
December 10, 2012
City Commission Chambers
5:30 PM
MINUTES
2012-90
Present: Commissioners Gawron, Spataro, German, Wierengo, Turnquist, and Markowski.
Absent: Commissioner Hood.
Melching Property Rezoning.
A lawsuit has been filed against the City for the ballot question to rezone the property currently
owned by Melching on the November ballot. The City Attorney encouraged those residents or
groups interested to participate by joining the lawsuit with their own Attorney.
It was explained that Commissioners can not discuss the case because it is in litigation.
John Schrier, City Attorney, explained the options available. Even with a zone change,
Melching and any successors can continue to use the property under its current zoning. It’s a
legal non-conforming use.
If the City chooses not to answer the lawsuit, a default judgment will be entered for the plaintiff
unless citizens file and the judge accepts it.
The lawsuit is unlikely to be covered under the City’s insurance policy and Attorney fees will be
paid out of the General Fund.
Commissioner Turnquist stated a compromise is needed on both sides. The Attorney indicated
that a compromise, if possible, would take several months. A response to the lawsuit needs to be
given in the next two weeks.
Commissioner Markowski asked if it can be settled at this time. The Attorney responded,
probably not.
The Attorney outlined options available in a memo to City Commission.
A. The City can agree with Melching’s position that the initiatory petition and vote has no
legal binding effect.
B. The City could disagree with Melching’s position and litigate the validity of the initiatory
petition and vote.
C. If the City is going to litigate the issue, the City could encourage the proponents of the
initiatory petition to join the litigation.
D. If the City is going to vigorously litigate the issue, the City should consider adding Sappi
to the litigation.
Communication between the City Commission and the City Attorney is confidential unless
waived by City Commission.
Motion by Spataro, Seconded by Markowski to waive Client/Attorney privilege to release
the City Attorney’s memo explaining the options to respond to the lawsuit.
ROLL CALL VOTE:
Ayes: Spataro, German, Wierengo, Turnquist, Markowski, and Gawron.
Nays: None.
Copies are to be given by hard copy only available in the City Clerk’s Office.
Senior Transit System.
Mayor Gawron indicated that the Senior Transit System is currently running in a deficit. The
City’s General fund will be using funds from the Stabilization Fund to balance.
Commissioner Turnquist indicated $60,000 is a small amount of money and would like to
continue to support the program.
Commissioner Spataro stated that the City needs to find a partner if we want to continue the
program or make the program self-funding by reducing hours, raising the fee, etc.
Commissioner Markowski told the Commission she contacted a local transportation company
that is willing to drop their fee to $18 for a ride within a ten mile radius.
This item will be considered at the December 11th Commission Meeting.
Closure of Beach Street During Winter Months.
Staff suggested the Commission consider closing Beach Street by the Water Filtration during the
winter months. Currently the City pays approximately 20 hours a month in overtime to remove
sand from the street and place barricades blocking the road during bad winter days.
It was the consensus of the Commission to close the street through March.
Any Other Business.
Commissioner Spataro let the Commission know that he attended a meeting regarding potential
locations for the jail.
He did tell the committee that he did not think the Commission would support a new facility at
Craig School or adding a new facility by closing Pine Street.
A meeting regarding tree removal in Glenside was attended in November. Approximately 15 to
20 trees need to be removed. The City will be replacing some trees. Diseased trees can be
removed by digging deeply for removal.
Commissioner Markowski asked that Commissioners update all Commissioners when attending
meetings.
Public Comment.
Public comment was received.
Adjournment.
Motion by Turnquist, seconded by Spataro to adjourn at 7:48 p.m.
MOTION PASSES.
____________________________
Ann Marie Cummings, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
DECEMBER 11, 2012
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, December 11,
2012.
Mayor Gawron opened the meeting with a prayer from Pastor Marcy Miller from
the Samuel Lutheran 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 Gawron, Vice Mayor Lawrence Spataro,
Commissioners Byron Turnquist, Lea Markowski, and Willie German, City Manager
Bryon Mazade, City Attorney John Schrier, and City Clerk Ann Marie Cummings.
Absent: Commissioners Sue Wierengo and Eric Hood (excused).
2012-91 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the November 27th City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Marsh Field Management Agreement. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize the Mayor and City Clerk to execute the
“Marsh Field Baseball Facility Management Agreement” with the Lakeshore
Baseball Club.
FINANCIAL IMPACT: Lakeshore Baseball Club will expand the operations of this
facility and will invest in improvements to the facility.
BUDGET ACTION REQUIRED: None, the contract will offer savings in
maintenance costs for the City and create opportunities for capital
improvements by LBC that the City is unable to accomplish at this time.
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STAFF RECOMMENDATION: Approve request.
C. Truck Mounted Jet Rodder (Jet Truck). PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase one truck mounted jet
rodder, model 800HPR Series III ECO Sewer Equipment Company of America,
from Jack Doheny Supplies, Inc. for $201,500. Doheny was the lowest
responsible bidder out of the two bids received for this piece of equipment with
the other company being AIS Equipment Company who submitted a bid on a
compatible piece of equipment for $204,000.
This piece of equipment is used primarily for sewer main cleaning and will
replace the 1999 model we currently have in service.
FINANCIAL IMPACT: $201,500.
BUDGET ACTION REQUIRED: None, this item was in our 2012/2013 Budget.
STAFF RECOMMENDATION: Authorize staff to purchase truck mounted jet rodder
from Jack Doheny Supplies for $201,500.
D. Request to Deny & Accept Properties that did not Sell During the Tax
Sale for 2012. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The County of Muskegon held two delinquent tax
auctions during 2012. There were nineteen properties left after the last auction.
According to the State’s new tax laws, the City must state that they are not
interested in obtaining them, otherwise the City will automatically receive them.
From the list that was provided, the properties are all vacant lots. Community &
Neighborhood Services would like to obtain two of the vacant lots Planning
would like to obtain four vacant lots with the remaining parcels being denied.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To deny thirteen parcels and accept six parcels and
authorize both the Mayor and the Clerk to sign said resolution.
E. Approval of Purchase of 1282 Fleming and Sign a Memorandum of
Understanding with Trinity Housing Non-Profit Corporation for the
Transfer. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To authorize Community & Neighborhood Services
office to purchase the HUD home at 1282 Fleming in the Oakview
Neighborhood for our partner, Trinity Village Non-Profit Housing Corporation. A
Memorandum of Understanding will be signed to transfer the home to Trinity
after closing.
Trinity is the approved agent for the County’s NSP3 HUD Grant Award. Oakview
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Neighborhood is the target neighborhood.
FINANCIAL IMPACT: The home will be rehabilitated with Muskegon County NSP3
funds through Trinity Village Non-Profit Housing Corporation. No financial
obligation is required of the City of Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve Community & Neighborhood Services
1282 Fleming purchase and enter into a Memorandum of Understanding with
Trinity Village Non-Profit Housing Corporation for the transfer of property.
F. Approval of the Bid Proposal of Blackberry Window and Door Systems
at 1500 Leahy. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To accept the bid from Blackberry Window and Door
Systems to restore the existing metal windows at 1500 Leahy Street, our last NSP1
project. The proposed price for this is $33,545.
FINANCIAL IMPACT: Funding for the project has been approved in our NSP 1
allocation and will be supported with Program Income from the sales of other
NSP projects.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Community & Neighborhood
Services office to sign the contract to hire Blackberry Window and Door Systems
as required by the State of Michigan Historic Preservation Office.
G. Fleet Vehicle Replacement. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase four full size Ford F-150 4X4
pick-up trucks for fleet replacement from Gorno Ford/MI Deal (state’s lowest
bidder for Ford). These will replace fleet vehicles that will be handed down to
various departments as seasonal vehicles.
FINANCIAL IMPACT: $93,983 Equipment Fund.
BUDGET ACTION REQUIRED: None, the price of this purchase is within the
amount budgeted.
STAFF RECOMMENDATION: Authorize staff to purchase four Ford F-150 4X4 pick-
ups from GORNO FORD/MIDEAL.
H. Fireworks Delegation of Authority Authorization. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and authorize the “Fireworks Delegation of Authority
Authorization Pursuant to PA 256”.
The Bureau of Fire Services is seeking for departments that are interested in
applying for inspection delegation for consumer fireworks sales facilities (CFRS)
under Section 19 of 2011 PA 256. The delegation is for one year. The fire
3
department would be responsible to conduct inspections of the permanent and
temporary CFRS location within its jurisdiction (City of Muskegon). Entities (MUFD)
that elect to have delegation will receive 80% of the application fee paid for
the consumer fireworks certificate ($800 for permanent and $480 for temporary).
Currently MUFD has two trained “certified fire inspectors” that are qualified to
perform this job task. Application will be made upon the acceptance by City
Commission.
FINANCIAL IMPACT: Positive financial impact as fees are paid to conduct
inspections.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval to perform delegation
inspections.
Motion by Commissioner Turnquist, second by Vice Mayor Spataro to accept the
Consent Agenda as presented.
ROLL VOTE: Ayes: Turnquist, Markowski, Gawron, Spataro, and German
Nays: None
MOTION PASSES
2012-92 UNFINISHED BUSINESS:
A. SECOND READING: Rezoning Request for the Property Located at 137 E.
Laketon Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property at 137 E. Laketon
Avenue from B-2, Convenience and Comparison Business District to B-4, General
Business District, by Jack Kennedy.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the rezoning.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended approval of the request at their November 15th meeting.
Motion by Vice Mayor Spataro, second by Commissioner Markowski to approve
the rezoning request for the property located at 137 E. Laketon Avenue to B-4,
General Business District.
ROLL VOTE: Ayes: Markowski, Gawron, Spataro, German, and Turnquist
Nays: None
MOTION PASSES
4
2012-93 NEW BUSINESS:
A. Approval of Sale of City-Owned Home at 451 E. Isabella. COMMUNITY
& NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community &
Neighborhood Services department to complete the sales transaction between
Mr. Joseph R. Kieft, for the totally rehabilitated home at 451 E. Isabella. Mr. Kieft
will purchase it for $37,500.
This is a property that was under the Lease with Option to Buy Program five years
ago.
FINANCIAL IMPACT: The proceeds from the sale will be used against the HOME
Program deficit.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to
complete the sale.
Motion by Commissioner Markowski, second by Commissioner German to
approve the sale of the property at 451 E. Isabella.
ROLL VOTE: Ayes: Gawron, Spataro, German, Turnquist, and Markowski
Nays: None
MOTION PASSES
B. Approval of Sale of City-Owned Home at 605 Jackson. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community &
Neighborhood Services department to complete the sales transaction between
Madra Bolden for the newly constructed home at 605 Jackson, which is part of
the City’s Neighborhood Stabilization Program (NSP) through the Michigan State
Housing Development Authority Office of Community Development and
Leverage funds with the HOME Program by HUD. Ms. Bolden is expected to
receive a VA Loan for $65,000.
FINANCIAL IMPACT: The proceeds from the sale will be used to complete the
rehabilitation of 1500 Leahy Street, our final NSP 1 project.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to
complete the sale.
Motion by Vice Mayor Spataro, second by Commissioner German to approve
the sale of the City-owned home at 605 Jackson to Ms. Bolden for the price
stated.
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ROLL VOTE: Ayes: Spataro, German, Turnquist, Markowski, and Gawron
Nays: None
MOTION PASSES
C. Approval of Sale of City-Owned Home at 1733 Manz. COMMUNITY &
NEIGHBORHOOD SERVICES
REMOVED PER STAFF REQUEST
D. Appointment to County of Muskegon Port Advisory Committee.
MANAGER
SUMMARY OF REQUEST: The County of Muskegon has established the Port
Advisory Committee. The bylaws of the Committee call for a member from the
City of Muskegon. It is requested that the City Manager serve as the City’s
representative on this Committee.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To appoint the City Manager as the City’s designee
to the Muskegon County Port Advisory Committee.
Motion by Commissioner German, second by Vice Mayor Spataro to appoint the
City Manager as the City’s designee to the Muskegon County Port Advisory
Committee.
ROLL VOTE: Ayes: Spataro, German, Turnquist, Markowski, and Gawron
Nays: None
MOTION PASSES
E. Wheel Loader. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase one Cat 930K wheel loader
from Michigan Cat for $160,848 minus the trade in value of $37,000 for our Case
521D for a net purchase price of $123,848. This price is off of the state web site
Mi Deal. This will replace the trade in machine which is a 2001.
FINANCIAL IMPACT: $123,848.
BUDGET ACTION REQUIRED: None, we budgeted $150,000. This item was in our
2012/2013 Budget.
STAFF RECOMMENDATION: Authorize staff to purchase Cat 930K Wheel Loader
for $123,848 after trade in.
Motion by Vice Mayor Spataro, second by Commissioner Markowski to approve
the purchase of one Cat 930K wheel loader for $123,848 after trade in.
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ROLL VOTE: Ayes: German, Turnquist, Markowski, Gawron, and Spataro
Nays: None
MOTION PASSES
F. User Fees. FINANCE
SUMMARY OF REQUEST: City departments have reviewed and updated their
user fees and these have been incorporated into the Master Fee Resolution for
your consideration.
The new fees and fee changes that are being proposed include the following:
• Eliminating the current “cleaning deposit” for picnic shelter rentals and
replacing it with a cleaning fee to be imposed if facility is not left in clean
condition;
• New fee for vacant building administrative appeals that are late;
• Reducing Hartshorn Marina slip rentals to hopefully increase the number of
rentals;
• Increase catamaran storage fees that have not changed in several years;
• Increase storm water cross-connection fees reflecting higher wastewater
treatment costs;
• Replacing current planned unit development (PUD) processing fee with
separate fees for preliminary and final PUD processing.
FINANCIAL IMPACT: Increased revenue for fee supported activities.
BUDGET ACTION REQUIRED: None at this time. Adoption of the Master Fee
Resolution will help the City attain its budgeted revenue estimates.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Spataro, second by Commissioner Turnquist to adopt the
proposed fee changes to the fee schedule.
ROLL VOTE: Ayes: Turnquist, Markowski, Gawron, Spataro, and German
Nays: None
MOTION PASSES
G. Melching Lawsuit. CITY MANAGER
Motion by Vice Mayor Spataro, second by Commissioner Markowski to pursue
option C which would be to litigate this matter and invite interested parties to file
intervention if they choose.
ROLL VOTE: Ayes: Markowski, Gawron, Spataro, German, and Turnquist
Nays: None
MOTION PASSES
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H. Senior Transit. CITY MANAGER
Motion by Commissioner Turnquist, second by Commissioner German to extend
and fund the Senior Transit program for fiscal year 2012/2013 ending in June of
2013.
ROLL VOTE: Ayes: German and Turnquist
Nays: Gawron, Spataro, and Markowski
MOTION FAILS
Motion by Commissioner Markowski, second by Vice Mayor Spataro to request
staff to draft a request for proposal for services such as provided by Senior Transit
with projected users of 150-175 to a similar cost as would be provided currently
for round trip prices within the City of Muskegon.
ROLL VOTE: Ayes: Spataro, Turnquist, Markowski, and Gawron
Nays: German
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 7:52 pm.
Respectfully submitted
Ann Marie Cummings, MMC
City Clerk
8
Date: January 8, 2013
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Setting Worksession and Commission Meetings
SUMMARY OF REQUEST: Approval of the scheduled meetings.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
CITY OF MUSKEGON
CITY COMMISSION WORKSESSIONS
2013
City Hall Commission Chambers (Room 107)
5:30 PM
January 7
February 11
March 11
April 8
May 13
June 10
July 8
August 12
September 9
October 7
December 9
The meetings will begin at 5:30 p.m. in the City Commission Chambers at
City Hall, 933 Terrace Street, Muskegon, MI.
Ann Marie Cummings, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETINGS
2013
City Hall Commission Chambers (Room 107)
5:30 PM
January 8
22
February 12
26
March 12
26
April 9
23
May 14
28
June 11
25
July 9
23
August 13
27
September 10
24
October 8
22
November 12
26
December 10
The meetings will begin at 5:30 p.m. in the City Commission Chambers at
City Hall, 933 Terrace Street, Muskegon, MI.
Ann Marie Cummings, MMC
City Clerk
Date: January 8, 2013
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Gaming License Request from Muskegon Bike
Time Events, Inc.
SUMMARY OF REQUEST: Muskegon Bike Time Events, Inc., 590
Ottawa, Muskegon, MI, is requesting a resolution recognizing them as a
non-profit organization operating in the City for the purpose of obtaining
a Gaming License. They have been recognized as a 501(c)(3)
organization by the State.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Date: January 8, 2013
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
HVAC Cleaning @ City Hall & Public Service Buildings
SUMMARY OF REQUEST:
Authorize staff to enter into a contract with Krystal Kleen out of Holland to clean the HVAC
systems at both, City hall for $9,880 and PSB for $2,150. Quotes were solicited and
received (see attached) from three (3) companies with Krystal Kleen submitting the lowest
responsible bid. While Krystal was not the lowest bidder, the feeling among staff is that
they submitted a more realistic proposal outlying the proposed work in much more details
than the lowest “quote” by Modernistic thus the recommendation.
Furthermore, if the request is approved, authorize staff to incorporate the cost into the
budget via the quarterly updates.
FINANCIAL IMPACT:
The cost of $12,030; $9,880.00 from City Hall funds and $2,150.00 from PSB fund.
BUDGET ACTION REQUIRED:
None at this time; however, if the project is approved, the City Hall cost will be
incorporated into the budget via the second quarterly reforecast using the savings from
the Tuck Pointing Parking lots Paving projects.
STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with Krystal Kleen to clean the HVAC system at City
Hall and PSB for $12,030.00.
COMMITTEE RECOMMENDATION:
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