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CITY OF MUSKEGON CITY COMMISSION MEETING MARCH 23, 2010 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA CALL TO ORDER: PRAYER: PLEDGE OF ALLEGIANCE: ROLL CALL: HONORS AND AWARDS: A. Outstanding Citizenship Awards. B. Life Saving Award – Amos Lee Johnson, Jr. INTRODUCTIONS/PRESENTATION: CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Request to Amend Encroachment Agreement #2007-23(k). ENGINEERING C. Aggregates, Highway Maintenance Materials and Concrete. PUBLIC WORKS D. Consideration of Bids for Janitorial Services Contract 2010-2013. ENGINEERING E. 2010, 2011 and 2012 Street Sweeping Contract. PUBLIC WORKS F. Budgeted Vehicle Replacement - Mowers. PUBLIC WORKS G. Electronic Voter File’s Electronic Laptop & Accessories Grant. CITY CLERK H. Support of North Muskegon and Lake Avenue Trail Project. CITY CLERK PUBLIC HEARINGS: COMMUNICATIONS: CITY MANAGER’S REPORT: UNFINISHED BUSINESS: A. Liquor License Renewal Resolution – Final Recommendations. CITY CLERK NEW BUSINESS: A. Michigan Strategic Fund – Christian Care. CITY CLERK B. 2010 – 2011 CDBG/HOME Recommendations. COMMUNITY & NEIGHBORHOOD SERVICES C. Police Patrol Contract. CITY MANAGER D. Standards of Conduct Resolution. CITY MANAGER E. Concurrence with the Housing Board of Appeals Notice and Order to Demolish 919 Windsor Avenue and 439 Houston Avenue. PUBLIC SAFETY 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: March 23, 2010 To: Honorable Mayor and City Commissioners From: Ann Marie Becker, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve minutes for the March 8th Commission Worksession, and the March 9th Regular Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. City of Muskegon City Commission Worksession March 8, 2010 City Commission Chambers 5:30 PM MINUTES 2010-18 Present: Commissioners Warmington, Carter (arrived 5:33 p.m.), Wierengo, Shepherd, Spataro, Wisneski, and Gawron. Absent: None. Liability Claim for 820 Stevens – Blanche & Richard Smith. On December 18, 2009 the homeowners at 820 Stevens, experienced a sewer backup that has been determined to be caused by a blockage in the City main. Blanche and Richard Smith the homeowners, have filed a liability claim against the City of Muskegon for damages and costs associated with the City main blockage. The Smiths’ and MMRMA have agreed on a settlement of this claim for $18,681. Their homeowners insurance has reimbursed them $5,000 so the City portion of this claim is $13,681. Motion by Spataro, seconded by Gawron to approve the MMRA recommended settlement of $13,681. ROLL CALL VOTE: Ayes: Warmington, Wierengo Wisneski Gawron, Shepherd, and Spataro. Nays: None. Absent: Carter. MOTION PASSES. Hartshorn Concepts and Phases – West Michigan Shoreline Regional Development Commission and Muskegon Lake Watershed Partnership. Kathy Evans made a presentation for the Hartshorn Marina Fish and Wildlife Habitat and Public Access Improvement. Phase one and two were reviewed. City Commissioners indicated they approve the plan as presented to date. L.C. Walker Arena. Motion by Carter, seconded by Wisneski to advance 2010 L.C. Walker Arena management fees to Walker Arena Management starting in June 2010. . ROLL CALL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and Warmington. Nays: None. MOTION PASSES. Healthcare and Wellness Program. Tim Paul, Finance Director, gave an overview of the proposed healthcare and wellness program. This item will be voted on the March 9, 2010 Commission meeting. Adjournment. Motion by Carter, seconded by Shepherd to adjourn at 5:52 p.m. MOTION PASSES ________________________ Ann Marie Becker, MMC City Clerk CITY OF MUSKEGON CITY COMMISSION MEETING MARCH 9, 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, March 9, 2010. Mayor Warmington opened the meeting with a prayer from Elder George Monroe from Evanston Avenue Baptist 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, Clara Shepherd, Lawrence Spataro, and Sue Wierengo, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Ann Marie Becker. Absent: Commissioner Chris Carter. 2010-19 CONSENT AGENDA: A. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve minutes for the February 19th Goal Setting Meeting and the February 23rd Regular Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. C. Liquor License Transfer Request for 88 Gas & Beer, Inc., 1992 S. Getty Street. CITY CLERK SUMMARY OF REQUEST: The Liquor Control Commission is seeking local recommendation on a request from 88 Gas & Beer, Inc. to transfer ownership of the 2009 SDM License located at 1992 S. Getty, from Raj & Sidhu, Inc. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: All departments are recommending approval. D. Purchase of 531 Orchard. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To approve the purchase of 531 Orchard from Jay Dee Property LLC of 1375 5th Street, Muskegon, MI 49442 for the appraised price of $13,000. After 531 Orchard is obtained, the City will demolish the property as a part of its Operation R & R II Orchard Street Redevelopment program. FINANCIAL IMPACT: The funding for the purchase will be taken from CDBG program income and the demolition of the property will be funded with Neighborhood Stabilization funds. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the request to purchase the property. E. 2010-2011 Healthcare & Wellness Program. FINANCE SUMMARY OF REQUEST: It is time to renew the City’s healthcare coverage for 2010-11. Last year significant changes were made to the healthcare program including introduction of HRA accounts and adoption of Priority Health’s “co- pay alignment” program. These measures helped stabilize costs in 2010. However, healthcare costs continue to rise. Renewal premiums for the City’s current healthcare program have come in at $815.85/employee/month, a 9.45% increase over the current rate ($745.40). Staff proposes implementation of a formal wellness initiative tied to specific benefit levels. For 2010-11, Wellness Program participation will mean the City will continue to pay HRA deductibles; non-participants will pay the first $500 (single)/ $1,000 (family) of the deductible. As employee deductible shares increase in future years, a differential will be maintained to incentivize Wellness participation. FINANCIAL IMPACT: Following is a comparison of current and next year costs for the Priority Health HMO program: 2009-10 2010-11 Premium $8,945 $9,790 Self-Insured HRA Costs (a) 900 981 Employee Premium Co-pay (520) (520) Net City Cost/EE 9,325 10,251 Number of Covered Employees (b) 234 234 Total Annual City Cost $2,182,050 $2,398,734 (a) Estimated based on YTD experience (b) Will likely decrease in 2010-11 due to cutbacks BUDGET ACTION REQUIRED: None at this time. Employee and retiree healthcare costs are included in the 2010 budget. Five months of the 2010 budget year will be at the “old” rate and seven months will be at the “new” rate. The net weighted average monthly cost for 2010 is $9,865/EE vs. a budgeted amount of $9,842/EE. There are adequate reserves in the General Insurance Fund to cover the difference. STAFF RECOMMENDATION: Authorize staff to execute documents with Priority Health to renew healthcare coverage and implement the Wellness program outlined herein. F. Project Safe Neighborhood Subaward Agreement. PUBLIC SAFETY SUMMARY OF REQUEST: The United States Department of Justice, Office of Justice Programs, has awarded the Muskegon Police Department a $5,000 grant under the auspices of Project Safe Neighborhoods (PSN). PSN is a nationwide, anti-gun initiative. We have been a member of the PSN Federal Taskforce since its inception. The award money will be utilized to purchase a ProHD CCD Camcorder with accessories. This camcorder will be used to aid us in processing crime scenes. The award is being administered by Grand Valley State University, who serves as the Primary Awardee. The Director of Public Safety is asking that you authorize him to sign the appropriate grant award documents. FINANCIAL IMPACT: None, no matching funds are required. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Authorize the Director of Public Safety to enter into the agreement. G. City-MDOT Agreement for the Bridge Work on US-31BR over the South Branch of the Muskegon River. ENGINEERING SUMMARY OF REQUEST: To approve the contract with MDOT for the decks reconstruction of the two bridges on US-31 BR over the south branch of the Muskegon River and to approve the resolution authorizing the Mayor and City Clerk to sign the contracts. FINANCIAL IMPACT: The City’s required participation on this MDOT project is expected to be $98,900. BUDGET ACTION REQUIRED: This project needs to be incorporated into the 2010 CIP budget. STAFF RECOMMENDATION: Approve the contract and resolution and authorize the Mayor and Clerk to sign both. H. Fireworks Display Permit for West Michigan Burnerz. CITY CLERK SUMMARY OF REQUEST: West Michigan Burnerz is requesting approval of a fireworks display permit for March 12, 2010, at the L. C. Walker Arena during the Hockey Game. Fire Marshall Metcalf has reviewed the request and recommends approval contingent on inspection of the fireworks and approval of the insurance. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks and approval of the insurance. I. Community Relations Committee Resignations and Appointments. CITY CLERK SUMMARY OF REQUEST: To accept the recommendations from the Community Relations Committee made at the meeting held on March 8, 2010, as follows: Accept resignation from Shontea L. Jenkins from the Civil Service Board Removal of Muhammad Hakeem from the Citizen’s District Council due to requirement of City resident not met at this time. To table the Civil Service appointment until the next meeting scheduled in April. To have the Land Reutilization Committee discontinued. Waive resident requirement for Citizens on the Local Development Finance Authority and include persons with “Interest in the District”. Appointments of Ken Kraus as Citizen to the Downtown Development Association, and T. Arnold Boezaart, Melissa Wickman, Jeffery Burr, Rosie Buchanan as Citizens/Interest in District to the Local Development Finance Authority. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To concur with the Community Relations Committee recommendations. Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve the Consent Agenda as read minus item B. ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and Wisneski Nays: None MOTION PASSES 2010-20 ITEM REMOVED FROM THE CONSENT AGENDA: B. Gaming License Request for the Greater Muskegon Woman’s Club. CITY CLERK SUMMARY OF REQUEST: The Greater Muskegon Woman’s Club 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. Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve the Gaming License request for the Greater Muskegon Woman’s Club. ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and Wisneski Nays: None MOTION PASSES 2010-21 PUBLIC HEARINGS: A. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK SUMMARY OF REQUEST: To adopt a resolution recommending non-renewal of those liquor license establishments who are in violation of Section 50-146 and 50- 147 of the Code of Ordinances for the City of Muskegon. These establishments have been found to be in non-compliance with the City Code of Ordinances and renewal of their liquor licenses should not be recommended by the City Commission. If any of these establishments come into compliance by March 22, 2010, they will be removed from this resolution and recommendation for their renewal will be forwarded to the Liquor Control Commission. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Adoption of the resolution. The Public Hearing opened to hear and consider any comments from the public. Comments were heard from: Michelle Harris, Dockers Restaurant, 3505 Marina View Point; Vincent Stafney, Muskegon Recreation Club, 1763 Lakeshore; Jennifer Osborn, Captain Jack’s Bar & Grill, 1601 Beach; and Jason, Walgreens, 840 W. Sherman. Motion by Vice Mayor Gawron, second by Commissioner Wisneski to close the Public Hearing and adopt the resolution approving the annual renewal of liquor licenses to be in compliance by March 23, 2010. ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and Wisneski Nays: None MOTION PASSES 2010-22 NEW BUSINESS: A. Consideration of Bids for B-241 Heritage Landing Bike Path Extension. ENGINEERING SUMMARY OF REQUEST: Award the Heritage Landing Bike Path Extension project to Accurate Excavators out of Muskegon since they were the lowest responsible bidder with a total bid price of $43,140 (without prevailing wages). FINANCIAL IMPACT: The construction cost of $43,140 plus engineering which is estimated at an additional 10%. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the construction project to Accurate Excavators. Motion by Vice Mayor Gawron, second by Commissioner Wierengo to award the construction project for the Heritage Landing Bike Path Extension to Accurate Excavators. ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and Wisneski Nays: None MOTION PASSES B. Water Bond Refunding. FINANCE SUMMARY OF REQUEST: You may recall that in January 2009, the City Commission adopted an ordinance to initiate and authorize the refunding of Series 1999 and Series 1993 water revenue bonds. However, interest rates did not cooperate and the refunding was deemed uneconomical before it could be completed. Interest rates are again favorable and a recent analysis shows that these bonds can be refunded with projected present value savings to the City of $299,017. This equates to 4.80% of the outstanding principal. A general rule of thumb is that PV savings should equal at least 2% of bond principal in order to proceed with a refunding. FINANCIAL IMPACT: A formal analysis of the proposed bond refunding is available. BUDGET ACTION REQUIRED: None at this time. Interest savings will be reflected in future years’ water fund budgets. STAFF RECOMMENDATION: Adoption of the ordinance which amends the original Commission action and authorizes staff to execute documents to sell the water refunding bonds. Motion by Vice Mayor Gawron, second by Commissioner Wierengo to adopt the ordinance which amends the original Commission action and authorizes staff to execute documents to sell the water refunding bonds. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, and Gawron Nays: None MOTION PASSES C. Summer Celebration Payment Deferral. CITY MANAGER SUMMARY OF REQUEST: To consider a request from Summer Celebration for an extension and payment plan for 2009 city services. FINANCIAL IMPACT: $66,299.93 due for 2009. BUDGET ACTION REQUIRED: The lack of payment negatively impacted the 2009 budget. STAFF RECOMMENDATION: None. Motion by Commissioner Spataro, second by Vice Mayor Gawron to authorize the Summer Celebration payment deferral. ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Gawron, and Shepherd Nays: None MOTION PASSES 2010-23 ANY OTHER BUSINESS: Some Commissioners requested the City Manager prepare an ethics resolution to be presented at the March 23rd City Commission Meeting. PUBLIC PARTICIPATION: Various comments were heard from the public. ADJOURNMENT: The City Commission Meeting adjourned at 6:06 p.m. Respectfully submitted, Ann Marie Becker, MMC City Clerk Date: March 23, 2009 To: Honorable Mayor and City Commissioners From: Engineering RE: Request to Amend Encroachment Agreement #2007-23(k) SUMMARY OF REQUEST: WSP on behalf of Federal-Mogul is requesting your permission to amend agreement #2007- 23(k) to install two (2) additional monitoring wells in the public R-O-W near the contamination site of Kens Super Serve, 331 West Laketon Ave. (Windsor Ave West of Henry St., and Henry St. between Laketon Ave. and Larch Ave.). This brings the total to five (5) wells at that location (see attached location map). The request was made through the attached encroachment agreement form. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the encroachment agreement subject 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. AGENDA ITEM NO. __________ CITY COMMISSION MEETING ________________ TO: Honorable Mayor and City Commission FROM: Department of Public Works DATE: March 23, 2010 SUBJECT: Aggregates, Highway Maintenance Materials and Concrete SUMMARY OF REQUEST: Award bid to supply H1 and H2 limestone chip blend to Verplank Trucking Company, PO Box 8, Ferrysburg, MI 49409 Award bid to supply road slag to Verplank Trucking Company, PO Box 8, Ferrysburg, MI 49409 Award bid to supply Sylvax patching material (CP-6 alternative) to Asphalt Paving, Inc., 1000 E. Sherman Boulevard, Muskegon MI 49444-0190 Award bid for crack sealant to Lakeshore PLM, Inc., 6818 Harvey Street, Spring Lake, MI 49456 Award bid to supply bituminous asphalt product to Asphalt Paving, Inc., 1000 E. Sherman Boulevard, Muskegon MI 49444-0190 Award bid to supply Calcium Chloride 38% (road brine) and 32% (winter salting) to Great Lakes Chloride,1012 E. Free Soil Rd, Free Soil, MI 49411 Award bid to supply screened top soil to Jackson-Merkey Contractors, Inc., 555 W. Western, Muskegon, MI 49442 Award bid to supply 2NS sand to Jackson-Merkey Contractors, Inc., 555 W. Western, Muskegon, MI 49442 Award bid to supply 7-sack mix concrete to Port City Redi-Mix, 1780 Sheridan Road, Muskegon, MI 49442; contingent upon product availability, timely deliveries, and prices as quoted. FINANCIAL IMPACT: $250,340 based on 2009 quantities at 2010 quotes. BUDGET ACTION REQUIRED: None; funds appropriated in several budgets. STAFF RECOMMENDATION: To: The City Commission Through The City Manager From: Robert H. Kuhn, Director of Public Works Date: March 23, 2010 Subject: 2010 Aggregates, Highway Maintenance Materials, and Concrete Requests for bids to provide road maintenance materials were solicited in The Chronicle and from vendors on file. It is recommended that the vendor in bold print supply Public Works with product as needed in 2010. Funds have been appropriated for these purchases. 500 ton H1 & H2 Limestone Chip Blend ($16.50 in 2009; $389.81) Verplank Trucking Co. PO Box 8, Ferrysburg, MI 49409 $17.00 per ton, delivered Yellow Rose Transport 3531 Busch Dr., Grandville, MI 49418 $17.25 per ton, delivered 9,000 ton Road Slag 22-A Natural ($11.27 in 2009; $27,518.96) Verplank Trucking Co. PO Box 8, Ferrysburg, MI 49409 $11.25 per ton, delivered Yellow Rose Transport 3531 Busch Dr., Grandville, MI 49418 $12.45 per ton, delivered 500 tons Sylvax Patching Materials – UPM-CP-7, or ASTM Specification C-136 #9 or Statite CP-6, or similar product ($90.00 in 2009; $23,844.00) Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190 $100.00 per ton, delivered Rieth-Riley Construction Co. 867 Egypt Valley, Ada MI 49301 $115.00 per ton, delivered Note: No bids received in response to add. Bids were solicited by telephone from above vendors who are the only known suppliers for product in this area. 50,000 pounds Crack Sealant (block form) ($0.52 in 2009; $77,802.24) Lakeshore PLM, INC. 6818 Harvey Street, Spring Lake, MI $0.48 per pound, delivered Note: Price quoted in effect until May 1, 2010. After May 1, 2010 bidder reserves the right to raise price based upon actual cost increase, expected to be no more than $0.015 per pound. 200 ton Bituminous Asphalt 4:12, Base ($62.00 in 2009; $1,613.65) Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190 $59.00 per ton, picked up 1,000 ton Bituminous Asphalt 4:12, Top ($63.00 in 2009; $38,338.80) Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190 $60.00 per ton, picked up 2010 Aggregates, Highway Maintenance Materials, and Concrete March 23, 2010 Page 2 85,000 gallons Calcium Chloride 38% (road brine) ($0.47 in 2009; $17,706.78) Great Lakes Chloride 1012 E. Freesoil, Free Soil, MI 49660 $0.47 per gallon, spread 15,000 gallons Calcium Chloride 32% (winter salting) ($0.41 in 2009; $2,712.47) Great Lakes Chloride 1012 E. Freesoil, Free Soil, MI 49660 $0.37 per gallon, storage 500 yards Screened Top Soil ($9.13 in 2009; $3,900.00) Jackson-Merkey 555 W. Western, Muskegon, MI 49442 $9.75 per cubic yard, delivered Verplank Trucking Co. PO Box 8, Ferrysburg, MI 49409 $9.00 per cubic yard, delivered Felco Contractors, Inc. 856 Pulaski Ave., Muskegon, MI 49441 $10.00 per cubic yard, delivered Yellow Rose Transport 3531 Busch Dr., Grandville, MI 49418 $12.95 per ton, delivered Note: Past experience with top soil from Verplank has shown their product contains more clay which increases staff time to spread product. Prior use of the product has also generated complaints from citizens. 500 ton 2NS Sand ($6.40 in 2009; $1,952.70) Jackson-Merkey 555 W. Western, Muskegon, MI 49442 $4.16 per ton, delivered Yellow Rose Transport 3531 Busch Dr., Grandville, MI 49418 $6.75 per ton, delivered Verplank Trucking Co. PO Box 8, Ferrysburg, MI 49409 $6.75 per ton, delivered Concrete mix as needed (7 Sack Mix $81.00* in 2009, $54,560.25) Port City Redi-Mix $81.00 per cubic yard, 7 Sack Mix, delivered 1780 Sheridan Road, Muskegon, MI 49442 Consumers Concrete $80.00 per cubic yard, 7 Sack Mix, delivered 4400 E. Evanston Avenue, Muskegon MI 49442 Note: Consumers Concrete’s bid includes $30.00 charge for each separate location drop, which makes their bid higher over the course of the year. *The 7-sack mix is the most commonly used product. It should be noted that concrete purchases may include several miscellaneous charges, including, but not limited to, hot water, chloride, small loads, second drops, winter price, and extra unload time. Purchases will be made from recommended bidder, contingent upon product availability, timely deliveries, and prices as quoted. LAA (L/Docs/Bids/2010 Agg…Comm Ltr) Date: March 23, 2010 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids for: Janitorial Services Contract 2010-2013 SUMMARY OF REQUEST: Award the Janitorial Services Contract to Reliant Professional Cleaning Services out of Grand Haven. The contract is to clean City Hall, DPW, and the Filtration Plant for the next three (3) years starting May 1st 2010 until April 30th of 2013 with an option of a 4th year. Reliant Professional Cleaning Services was the lowest responsible bidder, see attached tabulation sheet, with a bid price as follows: YEAR 1 YEAR 2 YEAR 3 TOTAL PUBLIC SERVICE BUILDING 12,804.00 12,804.00 12,804.00 $38,412.00 CITY HALL / POLICE DEPT 36,564.00 36,564.00 36,564.00 $109,692.00 WATER FILTRATION PLANT 12,420.00 12,420.00 12,420.00 $37,260.00 ALL SITES $61,788.00 $61,788.00 $61,788.00 $185,364.00 FINANCIAL IMPACT: The above stated annual costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Award the three year contract to Reliant Professional Cleaning. COMMITTEE RECOMMENDATION: CITY OF MUSKEGON JANITORIAL SERVICES 2010-2013 BID TABULATION 03/16/10 CONTRACTOR RELIANT PROFESSIONAL CLEANING ADDRESS 216 N SEVENTH ST GRAND HAVEN MI 49417 ITEM OF WORK YEAR 1 YEAR 2 YEAR 3 YEAR 4 (OPT) TOTAL 3 YR CONTRACT PUBLIC SERVICE BUILDING $ 12,804.00 $ 12,804.00 $ 12,804.00 $ 12,804.00 $ 38,412.00 CITY HALL $ 36,564.00 $ 36,564.00 $ 36,564.00 $ 36,564.00 $ 109,692.00 WATER FILTRATION PLANT $ 12,420.00 $ 12,420.00 $ 12,420.00 $ 12,420.00 $ 37,260.00 ALL SITES $ 61,788.00 $ 61,788.00 $ 61,788.00 $ 61,788.00 $ 185,364.00 CONTRACTOR CSM SERVICES ADDRESS 3536 HIGHLAND DR. HUDSONVILLE MI 49426 ITEM OF WORK YEAR 1 YEAR 2 YEAR 3 YEAR 4 (OPT) TOTAL 3 YR CONTRACT PUBLIC SERVICE BUILDING CITY HALL INFORMATION NOT PROVIDED BY CONTRACTOR WATER FILTRATION PLANT ALL SITES $ 70,364.00 $ 70,364.00 $ 70,364.00 $ - $ 211,092.00 CONTRACTOR PROFESSIONAL JANITORIAL SERVICES, INC ADDRESS 1370 WALKER RD MUSKEGON MI 49442 ITEM OF WORK YEAR 1 YEAR 2 YEAR 3 YEAR 4 (OPT) TOTAL 3 YR CONTRACT PUBLIC SERVICE BUILDING $ 13,335.24 $ 14,001.96 $ 14,702.04 $ 14,702.04 $ 56,741.28 CITY HALL $ 43,223.40 $ 45,384.60 $ 47,653.80 $ 47,653.80 $ 136,261.80 WATER FILTRATION PLANT $ 16,657.20 $ 17,490.12 $ 18,364.68 $ 18,364.68 $ 52,512.00 ALL SITES $ 73,215.84 $ 76,876.68 $ 80,720.52 $ 80,720.52 $ 230,813.04 CONTRACTOR EDWARDS JANITORIAL SERVICE ADDRESS 661 SCENIC DR. N. MUSKEGON, MI 49445 ITEM OF WORK YEAR 1 YEAR 2 YEAR 3 YEAR 4 (OPT) TOTAL 3 YR CONTRACT PUBLIC SERVICE BUILDING $ 16,157.56 $ 16,157.56 $ 16,157.56 $ 16,157.56 $ 48,472.68 CITY HALL $ 58,208.52 $ 58,208.52 $ 58,208.52 $ 58,208.52 $ 174,625.56 WATER FILTRATION PLANT $ 12,712.00 $ 12,712.00 $ 12,712.00 $ 12,712.00 $ 38,136.00 ALL SITES $ 87,078.08 $ 87,078.08 $ 87,078.08 $ 87,078.08 $ 261,234.24 CONTRACTOR GOODWILL INDUSTRIES ADDRESS 271 E APPLE AVE MUAKEGON MI 49442 ITEM OF WORK YEAR 1 YEAR 2 YEAR 3 YEAR 4 (OPT) TOTAL 3 YR CONTRACT PUBLIC SERVICE BUILDING $ 16,645.44 $ 16,645.44 $ 16,645.44 $ 16,645.44 $ 49,936.32 CITY HALL $ 59,558.52 $ 59,558.52 $ 59,558.52 $ 59,558.52 $ 178,675.56 WATER FILTRATION PLANT $ 17,745.48 $ 17,745.48 $ 17,745.48 $ 17,745.48 $ 53,236.44 ALL SITES $ 93,949.44 $ 93,949.44 $ 93,949.44 $ 93,949.44 $ 281,848.32 CONTRACTOR HARAMBEE ENTERPRISES, INC. ADDRESS 450 WEST HACKLEY AVE, STE A MUSKEGON HEIGHTS MI 49444 ITEM OF WORK YEAR 1 YEAR 2 YEAR 3 YEAR 4 (OPT) TOTAL 3 YR CONTRACT PUBLIC SERVICE BUILDING CITY HALL INFORMATION NOT PROVIDED BY CONTRACTOR WATER FILTRATION PLANT ALL SITES $ 191,404.17 $ 191,404.17 $ 191,404.17 $ 191,404.17 $ 574,212.51 Agenda Item No. _________ Date: March 23, 2010 To: Honorable Mayor and City Commission From: Robert H. Kuhn, Director of Public Works RE: 2010, 2011 and 2012 Street Sweeping Contract ________________________________________________________ SUMMARY OF REQUEST: To award three-year contract to provide four (4) annual street sweepings to Tri-Us Services, Inc., 78 N. Ball Creek Rd., Kent City, Michigan. FINANCIAL IMPACT: $139,700.50 each year; $419,101.50 over the course of the contract. Excludes special requests charged at $100/hour. BUDGET ACTION REQUIRED: None; monies appropriated in Highway and state trunkline budgets. STAFF RECOMMENDATION: Approval of this request. Date: March 23, 2010 To: Honorable Mayor and City Commissioners From: Robert H. Kuhn, Director of Public Works Subject: 2010, 2011, 2012 Street Sweeping Contract Two bid proposals to provide street sweeping services for years 2010, 2011 and 2012 were received as the result of solicitation in The Chronicle: Tri-Us Services, Inc., 78 N. Ball Creek Road, Kent City, Michigan and Sanisweep, Inc., 0-3450 Riverhill Drive NW, Grand Rapids, Michigan. Four annual sweeps are required of 358.62 miles of non-trunkline curbed and uncurbed paved streets and paved shoulders and 25.60 miles of trunkline (city portions of Apple Avenue and Seaway Drive) curbed and uncurbed paved streets and paved shoulders. Vendor must also perform special sweeping requests as solicited. Tri-Us Services, Inc. bid $139,700.50 X 3 years = $419,101.50 Annual breakdown 358.62 non-trunkline curb miles 4 sweeps per year $127,310.10 25.60 trunkline curb miles 4 sweeps per year $ 12,390.40 $100.00 per hour, special requests Sanisweep, Inc. bid $190,057.60 X 3 years = $570,172.80 Annual breakdown 358.62 non-trunkline curb miles 4 sweeps per year $172,137.60 25.60 trunkline curb miles 4 sweeps per year $ 17,920.00 $130.00 per hour, special requests Funds to cover all expenses are budgeted. Trunkline expenses are reimbursed by the state. It is our recommendation that the contract be awarded to Tri-Us Services, Inc. In addition to being the low bidder, Tri-Us has provided satisfactory service the past thirteen (13) years. (L/DPW/Bids/2010…) Date: 03/23/10 To: Honorable Mayor and City Commission From: DPW RE: Budgeted Vehicle Replacement SUMMARY OF REQUEST: Approval to purchase One Groundsmaster 3280 two wheel drive and one 3280 Groundsmaster four wheel drive mowers. FINANCIAL IMPACT: Cost $35,137.06 BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve purchase. Memorandum To: Honorable Mayor and City Commissioners From: DPW Date: 03/23/10 Re: Budgeted Vehicle Replacement The Equipment Division had scheduled the replacement of two 72”commercial riding lawn mowers for 2010. One will be four wheel drive and used primarily on Seaway Drive. The other will be two wheel drive and used throughout the City’s Park system. The mowers that we are replacing are eleven and fifteen years old respectively. The statewide purchasing contract is administrated through local dealers. Spartan Distributors, out of Sparta, Michigan has the State Contract for Toro mowers and submitted the only bid. In accordance with established purchasing policy, I am requesting permission to purchase one Groundsmaster 3280 two wheel drive and one Groundsmaster 3280 four wheel drive mower from Spartan distributors. 1 Date: March 23, 2010 To: Honorable Mayor and City Commissioners From: City Clerk’s Office RE: Electronic Voter File’s Electronic Laptop & Accessories Grant SUMMARY OF REQUEST: Under the Help America Vote Act, the State of Michigan is offering a grant for fifteen electronic pollbook laptops & accessories at no cost to the City. Under this grant, the City needs to commit to using the electronic pollbooks at each election. This new technology has been piloted in several communities with great success. FINANCIAL IMPACT: None. STAFF RECOMMENDATION: Acceptance of the grant. Date: March 23, 2010 To: Honorable Mayor and City Commissioners From: City Clerk’s Office RE: Support of North Muskegon and Lake Ave Trail Project SUMMARY OF REQUEST: The City of North Muskegon is applying for a Michigan Department of Transportation Enhancement grant. They are requesting that the City of Muskegon submit the attached letter of support. FINANCIAL IMPACT: None. STAFF RECOMMENDATION: Staff has reviewed the request and has no objections. Date: March 23, 2010 To: Honorable Mayor and City Commissioners From: City Clerk’s Office RE: Liquor License Renewal Resolution – Final Recommendations SUMMARY OF REQUEST: To adopt the final resolution recommending non- renewal of those liquor license establishments who are in violation of Section 50-146 and 50-147 of the Code of Ordinances for the City of Muskegon. These establishments have been found to be in non-compliance with the City Code of Ordinances. Many businesses on the attached list are found to owe taxes to the City. As instructed by the City Commission, representatives of these businesses may be present at the meeting having made payment arrangements and asking the City Commission for leniency. FINANCIAL IMPACT: None. STAFF RECOMMENDATION: To adopt a final recommendation to be forwarded to the Liquor Control Commission. Name Address Money Occupancy Owed Permit Captain Jack's Bar & Grill 1601 Beach X Dockers Fish House & Lounge 3505 Marina View Pt. X Dreamer's 978 Pine X Lakeshore Tavern 1963 Lakeshore X Muskegon Recreation Club 1763 Lakeshore X The Flamingo II 1161 - 1163 E. Laketon X X Walgreen's 1000 S. Getty X Walgreen's 840 W. Sherman X Date: March 23, 2010 To: Honorable Mayor and City Commissioners From: City Clerk’s Office RE: Michigan Strategic Fund – Christian Care SUMMARY OF REQUEST: The Michigan Strategic Fund is considering an application from Christian Care for issuance of tax exempt bonds by the Fund for a project in Muskegon Township. Christian Care is currently located in the City of Muskegon and moving the company will be a loss of 20 full-time positions within the City. If the City Commission wishes to raise an objection, a certified resolution stating such must be forwarded the Michigan Strategic Fund. FINANCIAL IMPACT: None. STAFF RECOMMENDATION: None. AGENDA ITEM NO. ___________________ CITY COMMISSION MEETING __________________________ TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: March 23, 2010 RE: Police Patrol Contract SUMMARY OF REQUEST: To ratify a collective bargaining agreement with the Police Patrol Union (Police Officers Labor Council) for years 2010 and 2011. FINANCIAL IMPACT: Provided in separate summary. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the request and authorize the Mayor and Clerk to execute the agreement. COMMITTEE RECOMMENDATION: None. pb\AGENDA – POLICE PATROL CONTRACT 032310 Date: March 23, 2010 To: Honorable Mayor and City Commissioners From: City Manager’s Office RE: Standards of Conduct Resolution SUMMARY OF REQUEST: A proposed Standards of Conduct Resolution is attached for the City Commission’s consideration. FINANCIAL IMPACT: None. STAFF RECOMMENDATION: None. Resolution City of Muskegon Elected Officials Standards of Conduct WHEREAS, It is paramount to the City of Muskegon that all elected officials avoid conflicts between their private interests and those of the general public who they serve; and WHEREAS, To enhance the faith of the people and the integrity and impartiality of elected officials, the City intends to establish standards for the conduct of elected officials; and WHEREAS, Elected officials should avoid conduct which undermines public trust by creating in the minds of reasonable and impartial observers the perception that government office has been used improperly; and WHEREAS, Elected officials servants should not engage in any conduct which could create in the mind of a reasonable observer the belief that persons will receive better or different service if they provide personal benefits or political support to an elected official; and WHEREAS, Soliciting a gift or loan of money, goods, services or other items of value for the benefit of an elected official is prohibited. This prohibition does not include inexpensive unsolicited gifts or items received during the normal course of conducting city business. NOW THEREFORE BE IT RESOLVED that City of Muskegon elected officials should not use, nor allow others to use the authority, title or prestige of public office for the attainment of private financial, social or political benefits in any manner that is inconsistent with public interests. Dated this 23rd day of March 2010. ______________________________ Stephen J. Warmington Mayor ______________________________ Ann Marie Becker, MMC City Clerk DATE: 03/12/2010 TO: Honorable Mayor and Commissioners FROM: Anthony Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN090114 SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 919 WINDSOR AVE Area 12 is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN090114 - 919 WINDSOR AVE Location and ownership: This structure is located on Windsor between Hudson and Kinsey Streets and is owned by KENNISTON DAVID. Staff Correspondence: A dangerous building inspection was conducted on 05/01/09. The Notice and Order to Repair was issued on 05/09/09. On 07/02/09 the HBA declared the structure substandard and dangerous. Owner Contact: No one was present for the HBA meeting dated 07/02/09. No permits have been issued, no inspections scheduled and no owner contact. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $16,000 (Entire property) Estimated cost to repair: $30,000 (Exterior Only) Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. SUMMARY FOR: 919 WINDSOR AVE This is a single family wood framed structure. This building is currently exposed to the weather and shows signs of structural members rotting away. The building currently has siding that is incomplete. The garage for this building is currently in a state of structural failure. This property represents a current blighting influence on the neighborhood and can only continue to deteriorate. CITY OF MUSKEGON 933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715 DANGEROUS BUILDING INSPECTION REPORT Monday, May 4, 2009 Enforcement # EN090114 Property Address 919 WINDSOR AVE Parcel #24-175-000-0076-00 Owner KENNISTON DAVID Inspector: Henry Faltinowski Date completed: 05/01/2009 DEFICENCIES: Uncorrected 1. Replace all damaged roof covering missing fascia on roof system of home. 2. Replace all missing, damaged siding, remove all rotted siding. 3. Replace rim joists that are rotted. 4. Replace all damaged windows and doors. 5. Replace garage roof covering. 6. Rebuild garage to MRC 2006 code structurally failing. 7. Request interior inspection by trade inspectors. Request interior inspection by all trades, electrical, mechanical and plumbing. Please contact Inspection Services with any questions or to schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724 6758. Based upon my recent inspection of the above property I determined that the structure meets the definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of the Muskegon City Code. _____________________________ _______________ Henry Faltinowski, Building Inspector Date DATE: 03/12/2010 TO: Honorable Mayor and Commissioners FROM: Anthony Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN090232 SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 439 HOUSTON AVE Area 10 is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN090232 - 439 HOUSTON AVE Location and ownership: This structure is located on Houston between Seventh and Sixth Streets and is owned by SZCZESNY JAMIN P. Staff Correspondence: A dangerous building inspection was conducted on 09/21/09. The Notice and Order to Repair was issued on 09/24/09. On 11/05/09 the HBA declared the structure substandard and dangerous. Owner Contact: No one was present for the HBA meeting dated 11/05/09. No permits have been issued, no inspections scheduled and no owner contact. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $30,300 (Entire property) Estimated cost to repair: $5,000 (Exterior only) Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. SUMMARY FOR: 439 HOUSTON AVE This is a two story wood framed, single family dwelling. This structure is currently vacant and partially exposed to the weather. Permits were issued in 2006 to renovate this building, but were allowed to expire in 2007. Since that time it appears that the project has been abandoned. This building if allowed to remain in this condition will continue to deteriorate. CITY OF MUSKEGON 933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715 DANGEROUS BUILDING INSPECTION REPORT Monday, September 21, 2009 Enforcement # EN090232 Property Address 439 HOUSTON AVE Parcel #24-205-370-0002-00 Owner SZCZESNY JAMIN P Inspector: Henry Faltinowski Date completed: 09/21/2009 DEFICENCIES: Uncorrected 1. Exterior of home has incomplete window installation exposed osb is deteriorated. 2. Large area of exterior siding has peeling paint. 3. Bilco door is fall of debris; rotting wood. 4. Permits on home have expired. 5. Interior inspection by trade inspectors requested. Request interior inspection by all trades, electrical, mechanical and plumbing. Please contact Inspection Services with any questions or to schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724 6758. Based upon my recent inspection of the above property I determined that the structure meets the definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of the Muskegon City Code. _____________________________ _______________ Henry Faltinowski, Building Inspector Date
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