City Commission Packet 03-23-2010

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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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