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CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 9, 2010
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. Response Agreement – Department of Veteran Affairs Police. PUBLIC
SAFETY
C. Request to Amend Encroachment Agreement #2005-82(i).
ENGINEERING
D. Restrictive Covenant Purchase. PUBLIC WORKS
E. Request to Fly the Irish Flag. CITY CLERK
F. Recommendations for the Various Boards and Committees. CITY CLERK
G. Fluoride System Evaluation. WATER FILTRATION
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
A. Adopt the Revised Standard Construction Specifications. ENGINEERING
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 Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD:
(231) 724-4172.
Date: February 9, 2010
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, January 26, 2010.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 26, 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, January 26,
2010.
Mayor Warmington opened the meeting with a prayer from Pastor Tim Cross
from the Living Word Church of Muskegon 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 Lawrence Spataro, Sue Wierengo, Steve Wisneski, Chris Carter,
and Clara Shepherd, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Becker.
2010-06 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the January 4th Organizational
Meeting, the January 11th Commission Worksession, and the January 12th
Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Expense for Storm Water Phase II Compliance for 2010. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to commit to the Muskegon Area
Municipal Storm Water Committee for the City’s share of the proposed Mona
Lake Watershed proposal of $13,029 to pay for the professional services
necessary to develop the required storm sewer plans for MDEQ compliance.
FINANCIAL IMPACT: $13,029 is allocated for Contractual Services in the Storm
Water Management Budget.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
C. Transportation Improvements Program Submittal for 2013-2014 Projects.
ENGINEERING
SUMMARY OF REQUEST: Authorize staff to submit the list of projects to the West
Michigan Shoreline Regional Development Commission for inclusion in the FY
2013-2014 Transportation Improvement Program (TIP). Projects submitted will be
considered for Federal and State transportation funding. Adoption of the
resolution is required as part of the submittal to commit the local match should
funds become available.
FINANCIAL IMPACT: None at this time; however, a local match will be required
should we receive a grant for a particular project.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the project submittal and resolution.
E. Energy Evaluation Proposal – Engineering Services Agreement.
ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Rhoades Engineering out of Norton Shores to perform energy
saving evaluations for:
A. Smith Ryerson Community Building
B. McGraft Park Building
C. City-owned Street Lights along Western Avenue
D. L.C. Walker Score Board
for a not-to-exceed fee of $16,500 for the design and specifications phase and
a not-to-exceed fee of $14,400 for the construction inspection phase.
FINANCIAL IMPACT: A total of $30,900.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with
Rhoades Engineering.
G. City – MDOT Agreement for Engineering Modification/Upgrade Traffic
Signals along Laketon Avenue. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT to perform the
preliminary engineering to upgrade traffic signals on Laketon at Hoyt, Getty,
and Roberts and to approve the resolution authorizing the Mayor and City Clerk
to sign the contract.
FINANCIAL IMPACT: MDOT’s participation in the design phase is limited to the
federal funds of $19,200.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the Consent Agenda as read minus items D and F.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
2010-07 ITEMS REMOVED FROM THE CONSENT AGENDA:
D. Engineering Services Agreement to Convert Traffic Signals on Laketon
at Hoyt, Getty and Roberts to Box Span Signals. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Progressive A/E to perform the necessary design and
preparation of specifications and construction to upgrade and convert three (3)
traffic signals on Laketon at Hoyt, Getty and Roberts to box span signals to
improve safety for a not-to-exceed fee of $17,411.45.
FINANCIAL IMPACT: Cost of surveying, design, specifications and construction
engineering, $17,411.45. Most of this cost, $10,103 is funded by an MDOT grant.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with
Progressive.
Motion by Commissioner Wisneski, second by Commissioner Spataro to approve
the Engineering Services Agreement to convert traffic signals on Laketon at Hoyt,
Getty and Roberts to box span signals.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
F. Senior Nutrition Program, AgeWell Services of West Michigan (AWS) and
City of Muskegon Agreement. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon has had an agreement with
AgeWell Services of West Michigan (AWS), formerly Nutritional Services for Older
Americans, Inc. (NSOA). They are requesting that this agreement be renewed
for another year (through September 30, 2010). AWS will pay the City $200 a
month for expenses associated with the McGraft Park Community Building,
where they operate as a location for senior meals and support services for
seniors in the area. The City will provide financial support in the amount of
$8,316 for staff time for recreational programs provided at McGraft Park and
their other locations.
FINANCIAL IMPACT: The City will receive $200 a month in rent from AWS and will
provide $8,316 for staff time for programs provided at McGraft Park and other
locations within the City of Muskegon for seniors.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement between AWS and the
City and authorize the Mayor to sign the agreement.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the senior nutrition program with AgeWell Services of West Michigan and the City
of Muskegon agreement.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
2010-08 NEW BUSINESS:
A. Roosevelt Park Water & Sewer Systems Operation Agreement. CITY
MANAGER
SUMMARY OF REQUEST: To approve an agreement with the City of Roosevelt
Park for the City of Muskegon to provide certain administrative functions and
maintenance of the Roosevelt Park water and sewer systems.
FINANCIAL IMPACT: The City will be paid for its costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement and authorize the Mayor
and Clerk to execute it.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve
the agreement with Roosevelt Park for their water and sewer systems operations.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
B. Marsh Field Management Agreement. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize the Mayor and City Clerk to execute the
“Mash Field Baseball Facility Management Agreement” with Lakeshore Baseball
Club. Previously, the City Commission approved the concept of allowing the
Lakeshore Baseball Club to operate Marsh Field for future baseball recreational
activities.
FINANCIAL IMPACT: Lakeshore Baseball Club will expand the operations of this
facility and will invest in improvements to the facility.
BUDGET ACTION REQUIRED: This contract will offer a substantial savings in
maintenance costs and opportunities for capital improvements that the City
cannot accomplish.
STAFF RECOMMENDATION: Recommend approval.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to adopt the
agreement.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Spataro commented on the condition of
McGraft Park Road; Commissioner Wierengo passed out the Prosperity Index for
2007-2009; and Commissioner Shepherd commented on her trip to Jackson,
Mississippi.
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 5:59 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
City Commission Meeting
Tuesday February 12, 2010
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
DATE: January 18, 2010
SUBJECT: Response Agreement-Department of Veteran Affairs Police
________________________________________________________________________
Summary of Request:
The Director of Public Safety is requesting approval to enter into a cooperative
agreement with the United States Department of Veteran Affairs Police. This agreement,
known as a “threshold agreement”, coordinates public safety response to Veterans Affairs
offices within the city, specifically: 165 East Apple Avenue, Suite 201. There are no
costs associated with this agreement.
Financial Impact:
None
Budget Action Required:
None
Staff Recommendation:
Approval of the agreement.
Date: February 9, 2010
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Request to Amend
Encroachment Agreement # 2005-82(i)
SUMMARY OF REQUEST:
BLDI environmental who is working with Ken’s Super Service Station at the north west
corner of Laketon & Henry has submitted the enclosed encroachment agreement form
requesting your permission to install four (4) additional monitoring wells in the area
surrounding the aforementioned station bringing the total to 17 wells. The wells would be
installed in the public right-of-ways of Franklin St., Hudson St., Larch Ave.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the encroachment agreement subjects to the supplemental conditions.
COMMITTEE RECOMMENDATION:
SUPPLEMENTAL CONDITIONS
• Grantee shall notify Grantor of the date when the installation of the Wells shall begin and
shall allow the City’s representative ample time to inspect the site before construction begins.
• After completion of construction, the City shall be contacted for final
inspection.
• Grantee shall not disturb any installation in the right of way, including utilities of any kind without
prior approval by the City and the affected company.
• Grantee shall use all means necessary, including MISS DIG, to locate and /or have located all
existing utilities in the vicinity of the proposed Wells.
• If deemed necessary by the City due to public improvements, Grantee shall relocate or
remove the wells as directed by the City within 7-days of notification.
• The grantee shall be fully responsible for the maintenance of the wells and any relocation
that might become necessary to facilitate other improvements within the right of way.
• Grantee will not be allowed to close off roadway nor will he be allowed to hinder the
traffic flow without prior approval by the City.
Date: 02/09/2010
To: Honorable Mayor and City Commission
From: DPW
RE: Restrictive Covenant Purchase
SUMMARY OF REQUEST: Approval to purchase restrictive covenant for
parcel: 10-670-000-0015 (lot 15) and
authorize Mayor to the agreement.
FINANCIAL IMPACT: $5,000.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase and authorize Mayor to sign
the agreement.
Memorandum
To: Honorable Mayor and Commissioners
From: DPW
Date: 02/09/2010
Re: Restrictive Covenant Purchase
The Equipment Division has been in negotiations with an adjacent property
owner to purchase a restrictive covenant to prevent them from withdrawing
groundwater from their property due to a petroleum release we experienced in 1990.
The purchase price for the restrictive covenant is $5,000.00. This is by far the
most cost effective way for the City of Muskegon to deal with this situation and has
been approved by the Michigan Department of Environmental Quality.
1
Date: February 9, 2010
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Request to Fly the Irish Flag
SUMMARY OF REQUEST: The Muskegon Irish American Society is
requesting permission to fly the Irish Flag at City Hall on Wednesday,
March 17th to Wednesday, March 24th.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
Date: February 9, 2010
To: Honorable Mayor and City Commission
From: Water Filtration
RE: Fluoride System Evaluation
SUMMARY OF REQUEST:
To enter into agreement with Fishbeck, Thompson, Carr & Huber
Engineers and Architects for the evaluation of the fluoride system at the
Water Filtration Plant.
FINANCIAL IMPACT:
The engineering-design proposal cost is $8,250.00.
BUDGET ACTION REQUIRED:
None. The fluoride system evaluation was planned as part of the 2010
capitol improvements plan.
STAFF RECOMMENDATION:
It is staff’s recommendation the Mayor and City Commission authorize
staff to enter into agreement with Fishbeck, Thompson, Carr & Huber for
the fluoride system evaluation at the Water Filtration Plant at a cost of
$8,250.00.
MEMORANDUM
FEBRUARY 2, 2010
TO: M. AL-SHATEL, DEPUTY DIRECTOR
FROM: R. VENEKLASEN, WATER FILTRATION
RE: FLUORIDE SYSTEM REQUEST FOR PROPOSALS
BACKGROUND
The fluoride application system at the Water Filtration Plant includes two 6,000
gallon storage tanks, two 20 gallon per minute transfer pumps, one 100 gal. day
tank and three metering application pumps. The system is operated and
monitored through the Plant SCADA system with the chemical application
regulated by flow pacing.
The solution, hydrofluorosilicic acid (HFS), is applied at 1.0 mg/l (milligram per
liter). Fluoride is a hazardous chemical with a low pH (acid) and corrosive
properties. However, when applied to drinking water in a concentration of 1.0
mg/l it has been shown to be a successful method of preventing dental caries
(cavities).
HISTORY
The Michigan Department of Natural Resources and Environment (MDNRE),
formerly MDEQ, has determined that due to the hazardous nature of HFS that
redundant safeguard must be put in place to deter overfeeding, or application, of
the chemical to the water supply.
The Water Filtration Plant has experienced two small leaks of approximately 40
gallons each in the fluoride system in the past year. Both leaks were located in
the piping prior to the day tank. Although the leaks could not affect the water
supply they did require a reasonably expensive clean-up of the storage area.
PROPOSALS
For these reasons a Request for Proposal was compiled to address these items
and include a review of the room and ventilation system. The proposal was also
to include review and assistance for a grant application.
The RFP was mailed directly to five engineering/design firms with water plant
experience including fluoride systems. Additionally the RFP was advertised I the
local newspaper. Three firms attended the pre-proposal meeting and all three
submitted proposals. The firms and their cost proposals are as follows:
Fishbeck, Thompson, Carr & Huber $8,250.00
1515 Arboretum Drive, SE
Grand Rapids, MI 49546
Hubbell, Roth & Clark, Inc. $15,800.00
801 Broadway NW, Suite 215
Grand Rapids, MI 49504
Prein & Newhof $24,300.00
410 Stariha Drive
Muskegon, MI 49441
Based on the proposals and associated costs it was determined the proposal
from Fishbeck, Thompson, Carr & Huber (FTC&H) is in the City’s best interest.
It is my recommendation the Mayor and City Commission endorse the proposal
received from FTC&H and authorize staff to enter into agreement for the Fluoride
System Evaluation.
CITY OF MUSKEGON
WATER FILTRATION PLANT
FLUORIDE SYSTEM
EVALUATION AND PROPOSALS
The City requests the favor of your participation in providing an evaluation and
engineering/design cost proposal regarding the following aspects of the fluoride
system at its water filtration plant.
Evaluate:
• Room air handling
• Tank venting
• Bulk and Day tank storage capacity, integrity, and service life.
• Chemical piping integrity and service life.
• Integrity of landings, stairs, bridges, and support structures.
• Chemical pumping; transfer and application type and capacity.
• System control – pump and level.
• Chemical overfeed protection.
Recommendations:
• Prioritize and make recommendation for remedies or solutions to items
identified in the evaluation phase.
• Provide cost estimates and cost effectiveness of solutions based on
recommendations.
Design:
• Perform engineering/design of improvements based on priorities and
recommendations as determined in concert with City staff.
• Provide final construction cost estimate based on project design.
• Assist the City in making application for Michigan Department of
Community Health-Oral Health Program.
Report:
• Provide one (1) copy of the design specifications and project drawings
suitable for construction bidding. Provide both project specifications and
drawings in electronic format for reproduction as necessary.
Date: February 9, 2010
To: Honorable Mayor and City Commissioners
From: Adopt the revised Standard Construction Specifications
SUMMARY OF REQUEST:
Adopt the standard construction specification for the City’s construction projects as revised
by engineering on 5/19/2009. The specifications were revised to incorporate new
materials, construction methods and to make use of the State’s construction standards
manual by referencing it. A list of the revisions is attached for your review.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Adopt the revision and authorize staff to use for 2010 construction projects.
COMMITTEE RECOMMENDATION:
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\agenda item for revised construction standards 2-
9-2010.doc
Changes in the Proposed Standard Construction Specifications
Division 1 General Definitions
Updated to current Definitions
Division 2 Materials
Updated to current Materials
Division 3 Concrete
Revised to use the most Current Michigan Department of Transportation Standard
Specifications for Construction
Division 4 Roadway Earthwork
Revised to use the most Current Michigan Department of Transportation Standard
Specifications for Construction
Division 5 Removing Existing Structures
Updated to cover all Removal and Disposal of Materials
Division 6 Removing Trees and Stumps
Revised to use the most Current Michigan Department of Transportation Standard
Specifications for Construction
Division 7 Concrete Pavement
Revised to use the most Current Michigan Department of Transportation Standard
Specifications for Construction
Division 8 Concrete Base Course
Revised to use the most Current Michigan Department of Transportation Standard
Specifications for Construction
Division 9 Concrete Curb and Concrete Curb and Gutter
Revised to use the most Current Michigan Department of Transportation Standard
Specifications for Construction
Division 10 Concrete Driveway
Revised to use the most Current Michigan Department of Transportation Standard
Specifications for Construction
Division 11 Concrete Sidewalk
Revised to use the most Current Michigan Department of Transportation Standard
Specifications for Construction
Division 12 Sewers
Updated to current Material used, Construction Methods and Testing Procedures
Division 13 Watermains
Updated to current Material used, Construction Methods and Testing Procedures
Division 14 Manholes and Catch Basins
Revised to use the most Current Michigan Department of Transportation Standard
Specifications for Construction with Specified Construction Revisions
Division 15 Hot Mix Asphalt Pavement
Revised to use the most Current Michigan Department of Transportation Standard
Specifications for Construction with Specified Construction Revisions
Division 16 Miscellaneous
Miscellaneous items updated to cover current Construction Conditions
Division 17 Public Utilities
Updated to cover current Public Utilities
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