City Commission Minutes 03-13-2018

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
           MARCH 13, 2018 @ 5:30 P.M.
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440


                                    MINUTES

The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, March 13, 2018. Sister
Agnes Mary, St. Michael’s Catholic Church, opened the meeting with prayer,
after which the Commission and public recited the Pledge of Allegiance to the
Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present:   Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Byron Turnquist, Debra Warren, and Dan Rinsema-Sybenga, City
Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent:     Commissioner Willie German, Jr.
INTRODUCTIONS/PRESENTATION:          Mayor Stephen J. Gawron presented a
group of Girl Scouts with a proclamation Celebrating Girl Scout Week and the
Importance of Girls’ Leadership Development.
2018-15     CONSENT AGENDA:
   A. Approval of Minutes         City Clerk
SUMMARY OF REQUEST: To approve minutes of the February 27, 2018 Regular
Meeting.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:           None
STAFF RECOMMENDATION:             Approval of the minutes.
   B. Fire – Hurst EDraulic Ram          Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission authorize the amount of $17,130.00 for the purchase of two Hurst
EDraulic Ram tools with 4 EXL Lithium ion batteries and charging units. The
Muskegon Fire Department’s antiquated hydraulic “Ram” tool is in disrepair and

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outside the scope of service life. The two Ram tools will be utilized in critical
lifesaving situations for efficient extrications, and to complement our battery
operated Hurst “Spreader” and “Cutting” Tools.
FINANCIAL IMPACT:         Negative Impact on Fire Budgeted
BUDGET ACTION REQUIRED:          No action at this time (to be reviewed in third
quarter forecast)
STAFF RECOMMENDATION:            Staff recommends approval of the Two Hurst
EDraulic Ram Tools.
   E. One Year Janitorial Services Extension             Department of Municipal
      Services
SUMMARY OF REQUEST: Extend the current janitorial services contract with
Reliant Professional Cleaning for City Hall and the Public Service Building for one
year through April 30, 2019.
FINANCIAL IMPACT:         Cost will be $35,280.00 for City Hall and $12,156.00 for
Public Service Building through April 30, 2019.
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:           Approval of the one year extension with Reliant
Professional Cleaning Services to provide cleaning services through April 2019.
   F. Mercy Health Easement DPW
SUMMARY OF REQUEST: Mercy Health has requested an easement for
ingress/egress across city property at the end of Harvey Street for access to a
newly constructed employee parking lot. Maintenance, repairs and
snowplowing for the easement property are the sole responsibility of Mercy
Health, and maintenance and repair work require prior approval by the City.
Staff request that the easement be approved for signature.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            Approve the easement for signature.
   G. State Revolving Fund, DEQ Loan Program, Engineering Costs          DPW/Water
      and Sewer
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Prein &
Newhof to develop a Project Plan for the City’s sanitary sewer system, which is
required to apply for a low interest State Revolving Fund (SRF) loan from the
MDEQ. With the completion of the SAW (Stormwater, Asset Management, and
Wastewater) Grant work, the City is in a position to take advantage of the
MDEQ loan program which provides funding to address the failing infrastructure
discovered during the asset inventory. Our city’s demographics may allow us to

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receive some principal forgiveness.
Prein & Newhof is being recommended since they managed the SAW Grant
work and have familiarity with the needs of our sanitary system. The engineering
cost is a “not to exceed” $55,000.
FINANCIAL IMPACT:       The total cost of engineering services is $44,000 to be
covered by City’s sewer fund.
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:         Authorize staff to enter into an agreement with
Prein & Newhof for engineering services to develop a SRF Project Plan for the
City’s sanitary sewer system.
   H. Purchase Agreement – 241 and 255 West Western, 1251 8th Street       City
      Manager
SUMMARY OF REQUEST: City staff has been working with a housing developer
that is interested in creating multifamily housing in Muskegon. After careful
consideration, the developer has identified three parcels: 241 West Western, 255
West Western, and 1251 8th Street.
FINANCIAL IMPACT:     $75,000 minus closing costs – deposited to the City’s
Public Improvement Fund
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          To authorize the City Manager to negotiate a
purchase agreement with Dusendang Custom Homes for $75,000, providing 60
days of due diligence for the purchaser and up to 18 months for completion of
the projects.
Motion by Commissioner Warren, second by Vice Mayor Hood, to approve the
consent agenda as presented, except Item C, D, and I.
ROLL VOTE: Ayes: Gawron, Hood, Warren, Rinsema-Sybenga, Turnquist, and
           Johnson
            Nays: None
MOTION PASSES
2018-16       ITEMS REMOVED FROM CONSENT AGENDA:
   C. Approval of Building Contract for 1025 E Forest Avenue Community and
   Neighborhood Services
SUMMARY OF REQUEST: To award the Building Contract for the rehabilitation of
1025 E. Forest Avenue to Custom Exteriors, for the City of Muskegon’s
Homebuyers Program through CNS.
FINANCIAL IMPACT:        The funding for this project has been secured with 2017
HOME Funds.

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BUDGET ACTION REQUIRED:           None
STAFF RECOMMENDATION:            To award Custom Exteriors the rehabilitation
contract for 1025 E. Forest in the amount $61,051.00, for the Community and
Neighborhood Services Office.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to award Custom Exteriors the rehabilitation contract for 1025 E. Forest in the
amount of $61,051.00 for the Community and Neighborhood Services Office.
ROLL VOTE: Ayes: Hood, Warren, Rinsema-Sybenga, Turnquist, Johnson, and
           Gawron
             Nays: None
MOTION PASSES
   D. Purchase of the Home at 1188 4th Street            Planning & Economic
      Development
SUMMARY OF REQUEST: Staff is requesting approval to purchase the home at
1188 4th Street for $85,000 plus closing costs. The seller is also requesting that the
City pay the outstanding 2017 and 2018 taxes and the transfer taxes. This
property is important for the redevelopment of the area, including the next
phase of Midtown Square homes.
FINANCIAL IMPACT:          None
BUDGET ACTION REQUIRED:           None
STAFF RECOMMENDATION:        To allow the City Manager to enter into a
purchase agreement with the seller.
Motion by Commissioner Turnquist, second by Johnson, to allow the City
Manager to enter into a purchase agreement with the seller
ROLL VOTE: Ayes: Warren, Rinsema-Sybenga, Johnson, Gawron, and Hood
             Nays: Turnquist
MOTION PASSES
   I. 880 First Selective Demolition, Abatement, and Site Prep            City
      Manager
SUMMARY OF REQUEST: City staff is seeking permission to begin selective
demolition of the five story office building located at 880 First Street. Three bids
were received, with the lowest responsible bidder being Melching, Inc. Staff is
seeking approval to reimburse Port City Group up to $350,000 to undertake the
selective demolition, abatement, and site preparation.
FINANCIAL IMPACT:          Not to exceed $350,000
BUDGET ACTION REQUIRED:           None at this time – the expense will be

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documented in the 3rd Quarter Reforecast.
STAFF RECOMMENDATION:           To authorize the City Manager to reimburse Port
City Group up to $350,000 to undertake the selective demolition, abatement,
and site preparation costs at 880 First Street.
Motion by Commissioner Johnson, second by Commissioner Warren, to
authorize the city manager to reimburse Port city Construction up to $350,000 in
selective demolition, abatement, and site preparation costs at 880 first street
which will ultimately be paid back to the city at time of property sale closing
and/or once occupancy permit is issued.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and
           Warren
            Nays: None
MOTION PASSES
2018-17   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 13,
2018, 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.
PUBLIC HEARING COMMENCED:              No public comments were received.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to close the Public Hearing and adopt the resolution.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and
           Warren
            Nays: None
MOTION PASSES
2018-18     NEW BUSINESS:
   A. Service Firearm Program          Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the

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Commission authorize the amount of $49,962.10 for the purchase of department
issued primary hand guns for all Muskegon sworn police officers. This firearms
platform proposed, (GLOCK 17 Gen 5 piston), will replace our current system
where officers purchase and attempt to maintain a primary duty weapon at
their expense, which has been less than successful. Muskegon Police Officers
currently carry a Sig-Sauer semi-auto pistol with multiple ammunition options
(POLC Contract). This firearm is expensive to purchase, and the use of three
options of ammunition is costly for the department and can present logistical
issued in the field. Allowing different calibers in primary service weapons is not
recommended and ammunition is not interchangeable in the handguns, again
causing logistical issues. Our proposed platform increases officer safety and
efficiency with the move to a one caliber system (9mm) department wide for
the proposed primary deputy weapon. The department will own, maintain,
issue, and check-in firearms and support equipment as officers pass through our
department from hire to retirement.
FINANCIAL IMPACT:        None – GF Budgeted
BUDGET ACTION REQUIRED:        Firearm & support equipment proposed platform
will be funded by the Drug Forfeiture Fund
STAFF RECOMMENDATION:     Staff recommends approval of this platform to
update and enhance the department with primary service pistols and
supporting equipment.
Motion by Vice Mayor Hood, second by Commissioner Turnquist, to approve this
platform to update and enhance the department with primary service pistols
and supporting equipment.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, and Rinsema-
           Sybenga
            Nays: None
MOTION PASSES
   B. Administrative Vehicle Replacement               DPW/Equipment
SUMMARY OF REQUEST: Authorize staff to purchase three Chevy Impalas from
Berger Chevrolet the Mi-Deal State contract holder. This will replace the three
oldest administrative vehicles currently being used. Cost to the City will be
$23,183 per vehicle.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         $23,183 x three - $69,549.00
STAFF RECOMMENDATION: Authorize staff to purchase three Chevy Impala’s
from Berger Chevrolet.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,

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authorize staff to purchase three Chevy Impalas from Berger Chevrolet.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, Rinsema-Sybenga, and
           Turnquist
            Nays: None
MOTION PASSES
   C. Letter of Intent – 1000 West Western Ave Sales Agreement
SUMMARY OF REQUEST: The City Commission accepted a $249,000 purchase
offer from Smith Equities in 2016. After nearly one year of due diligence, Smith
Equities is ready to finalize the details of the purchase agreement under their
Harbor West, LLC. The Letter of Intent outlines the commitments that Harbor
West, LLC and the City of Muskegon intend to commit to as part of the Purchase
Agreement. The remaining due diligence activities to be undertaken by Harbor
West, LLC will be costly; providing this signed letter of intent will give them the
necessary security that the city is generally agreeable to the terms that will be in
the purchase agreement.
FINANCIAL IMPACT:     $250,000 minus closing costs – deposited to the City’s
Public Improvement Fund
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION: To authorize the city manager to sign the Letter of
Intent and negotiate a final purchase agreement with Harbor West, LLC
consistent with the terms of the Letter of Intent.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
authorize staff to purchase three Chevy Impalas from Berger Chevrolet.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, Rinsema-Sybenga, and
           Turnquist
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: No public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 6:25 p.m.


                                              Respectfully Submitted,




                                              Ann Marie Meisch, City Clerk


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