Minutes
The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, at 5:32 p.m., Tuesday, April 14, 1998.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Fred J. Nielsen, Vice Mayor Clara Shepherd, Commissioners John Aslakson, Jone Wortelboer Benedict, Timothy J. Michalski, Sally A. Pleimling and Scott Sieradzki, City Manager Bryon L. Mazade, City Clerk Gail A. Kundinger and City Attorney Tom Johnson
Mayor Nielsen opened the meeting at 5:32 p.m., with a prayer, after which the members of the City Commission and the members of the public joined in reciting the Pledge of Allegiance to the Flag
The Finance Department was presented with an award. Mayor Nielsen presented the award to Tim Paul, Finance Director.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of Seventh Street from Houston Avenue, to create the special assessment district and to appoint two City Commissioners to the Board of Assessors if it is determined to proceed with the project. This request for a special assessment was brought before you back on March 10, 1998, at which time and date it was recessed for this meeting.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the creation of the special assessment district and assign two City Commissioners to the Board of Assessors by adopting the attached resolution.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
The Public Hearing opened at 5:36 p.m. to hear and consider any comments on the proposed special assessment of Seventh Street from Houston Avenue to Muskegon Avenue and to create the special assessment district. No comments were heard from the public.
Motion by Commissioner Sieradzki, seconded by Commissioner Benedict to close the public hearing at 5:40 p.m. and to approve the special assessment of Seventh Street from Houston Avenue to Muskegon Avenue, to create the special assessment district and to appoint two City Commissioners to the Board of Assessors.
ROLL VOTE: Ayes: Nielsen, Pleimling, Shepherd, Sieradzki, Aslakson, Benedict, Michalski
Nays: None
ADOPTED
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: At the February 14, 1998 meeting, the City Commission set March 24, 1998 as the Public Hearing date for the City of Muskegon Brownfield Plan. The Public Hearing was later rescheduled to April 14, 1998. The Public Hearing notice was published twice in The Muskegon Chronicle and notices were sent to the taxing jurisdictions in the City. A letter was received from the MAISD, which is attached. The City Commission is requested to hold the Public Hearing and approve the attached resolution.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the attached resolution. In addition, in response to the request from the MAISD, staff recommends that a member of the education community be notified of all Brownfield Redevelopment Authority Meetings so they can participate in discussion and be kept informed of their actions. Also, if a future vacancy exists on the Brownfield Redevelopment Authority Board, and a member of the education community qualifies for the open position, the person will be considered for appointment to the Board.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
The Public Hearing opened at 5:41 p.m. to hear and consider any comments on the City of Muskegon Brownfield Plan. No comments were heard from the public.
Motion by Commissioner Benedict, seconded by Commissioner Pleimling to close the public hearing at 5:48 p.m. and to approve the resolution for the City of Muskegon Brownfield Plan.
ROLL VOTE: Ayes: Pleimling, Shepherd, Sieradzki, Aslakson, Benedict, Michalski, Nielsen
Nays: None
ADOPTED
SUMMARY OF REQUEST: GP Manufacturing, 2409 Roberts Street, Muskegon, MI 49444, a machine shop specializing in tool work, deburring, and machine repairs has applied for an Industrial Facilities Tax Exemption Certificate under the State’s Industrial Facility Tax Exemption program for a facility expansion located at 2409 Roberts Street, Muskegon, Michigan 49444. It is anticipated that the manufacturer’s new facility will result in a total investment of $549,000 ($66,000 in real property and $483,000 in personal property). The project will result in twelve (12) new employment opportunities. Staff recommends approval.
FINANCIAL IMPACT: Certain additional property and income taxes will be captured by the City.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold a public hearing to receive comments on the approval of the Certificate.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
The Public Hearing opened at 5:50 p.m. to hear and consider any comments on a request from GP Manufacturing, 2409 Roberts Street, Muskegon, MI 49444 a machine shop specializing in tool work, deburring, and machine repairs for an Industrial Facilities Tax Exemption Certificate under the State’s Industrial Facility tax exemption program for a facility expansion. No comments were heard from the public.
Motion by Commissioner Aslakson, seconded by Vice Mayor Shepherd to close the public hearing at 5:55 p.m. and to approve an Industrial Facilities Tax Exemption Certificate under the State’s Industrial Facility Tax Exemption program for GP Manufacturing, 2409 Roberts Street, Muskegon, MI 49444.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Aslakson, Benedict, Michalski, Nielsen, Pleimling
Nays: None
ADOPTED
CITY MANAGER’S REPORT:
The City Manager notified the Commission that the closing for the Golf Course was today.
SUMMARY OF REQUEST: To amend Ordinance #884 regarding impoundment of vehicles, providing for fees for certain actions in connection with impoundment and immobilization of vehicles, and adding provisions to the said ordinance
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
b. Addendum to Consulting Agreement for Environment Services – Richards Park. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon entered into a consulting agreement with Superior Environmental for environmental services at Richard’s Park in August 1992. Since that time, the contract has been periodically amended, depending on the testing and clean up required by the MDEQ on the site. The scope of services for Superior Environmental that is now required at the site is beyond that outlined tasks in the current agreement. Therefore, the contract needs to be amended to reflect the changes. The amended scope of work includes oversight of Gene’s Excavating for the excavation and soil remediation, soil sampling and analysis and closure reports. The estimated fee for soil closure is $30,630. In the future, additional work will be required to close the groundwater for the site. The estimated amount for this work is also $33,950.
FINANCIAL IMPACT: The total amount for closure of the soils on the site is $30,630. This amount will be paid from the Insurance Fund.
BUDGET ACTION REQUIRED: Amend the Insurance Fund budget to include $30,630 for the closure of soils at Richard’s Park.
STAFF RECOMMENDATION: To approve the attached resolution and authorize the Mayor and Clerk to execute the "Addendum to Consulting Agreement for environmental Services Dated August 24, 1992 For Environmental Services at the Former Waste Water Treatment facility, April 2, 1998".
COMMITTEE RECOMMENDATION: The Committee of the whole recommends approval.
POLICE
SUMMARY OF REQUEST: On behalf of the National Night Out Against Crime Committee it is requested that the City of Muskegon contribute $500 to be used towards having the National Night Out Against Crime Float in the Summer Celebration Parade professionally built. In past years this was a Muskegon Neighborhood Association/Muskegon Police Department entry. This year the entry will be a county-wide entry and each of the municipalities is being asked to make this same contribution. We are looking to have a professional looking float that all of the municipalities can be proud of. The municipalities will be identified on the float as well as the Neighborhood Associations. In the event that not all of the municipalities contribute, we will purchase whatever materials we can afford and once again build the float. However, if all municipalities contribute, we will have the float professionally built. The float will be left intact for several months for municipalities to use in other parades as well.
FINANCIAL IMPACT: $500 (Note that the Float Committee is Chaired by Michelle Stout of the Nims Neighborhood Association which has a separate account through which these funds will be deposited and used – thus the contribution should be made payable to "Nims Neighborhood Association".)
BUDGET ACTION REQUIRED: $500 from 101-10875-5346 (Contractual Services)
STAFF RECOMMENDATION: Staff recommends that the City of Muskegon contribute $00 towards the countywide National Night Out Against Crime Float entry.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
POLICE
SUMMARY OF REQUEST: Request the purchase of the following Narcotics Bureau Equipment using general fund monies to be reimbursed by "Weed & Seed Forfeiture Grant Funds" through the Drug Enforcement Agency (DEA).
Property Room Subsystem
Wedge bar code reader
Handheld inventory computer
Handheld software per computer
First year of support
Training $13,655.00
Portable Radio Link Computer
Fax
Printer
(Note this item is a proprietary system
and is county-wide thus there are no
individual municipal bids) $ 9,712.00
$23,367.00
FINANCIAL IMPACT: $23,367 to be paid from General Fund and then reimbursed through DEA Weed & Seed Forfeiture Funds.
BUDGET ACTION REQUIRED: N/A
STAFF RECOMMENDATION: Staff recommends the purchase of the above equipment with the cost to be reimbursed through Weed & Seed Forfeiture Funds through the DEA.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting that was held on Tuesday, March 23, 1998.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
CITY CLERK
SUMMARY OF REQUEST: Authorization to purchase Document Imaging System from Matrix Imaging, of Southfield, Michigan.
BUDGET ACTION REQUIRED: Amount approved in the Budget under 1998 Capital Improvements (Document Imaging) in the amount of $143,126.
FINANCIAL IMPACT: Purchase cost is $103,733.90.
STAFF RECOMMENDATION: Approval of the request.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
CITY CLERK
SUMMARY OF REQUEST: This request is from Barbara A. Gomez, owner of First Class Taxi & Delivery Service, whose office is located at 1657 S. Getty Street, Suite 20, Muskegon, MI. The owner is requesting approval of a license to operate (3) taxicabs for this company. The Muskegon Police Department has inspected the taxicabs and approves this request.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
SUMMARY OF REQUEST: This request is from Thomas Wakefield, owner of Wakefield Leasing, whose office is located at 770 W. Sherman Blvd., Muskegon, MI. The owner is requesting approval of a license to operate 14 taxicabs for both Port City Cab Company and Yellow Cab Company. The Muskegon Police Department has inspected the taxicabs and approves this request.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
NEIGHBORHOOD AND CONSTRUCTION SERVICES
SUMMARY OF REQUEST: To approve a one-year contract with ABC Supply Company for the purchase of vinyl siding materials to be used in the CDBG funded housing rehabilitation program.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Accept the bid submitted by ABC Supply. Their bid prices for the materials that make up the majority of the cost on a job are less than those submitted by the only other bidder, Keene Lumber. ABC is the current supplier for the program and their performance has been good. A comparison of the bid amounts received follows:
ABC Keene
The bid amounts submitted by ABC this year are either the same or less than their winning bid prices for 1996 with the exception of items 7, 10 and 14 which increased just slightly.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structures located at 1278 Howard are unsafe, substandard and a public nuisance and that they be demolished within twenty (20) 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.
FINANCIAL IMPACT: The cost of demolition will be paid with budgeted general funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: A notice and order to repair or demolish was issued on November 19, 1996 following a referral from the environmental inspector for that area. The property was then sold and the new owner obtained a building permit to repair the property in March of 1997. After monitoring the work for several months, staff became concerned about the rate at which the repairs were being made and scheduled the case for the Housing Board of Appeals on February 5, 1998.
The owner appeared at the meeting and testified that his tools and construction materials had been recently stolen from the site which affected the pace of his work. The Board tabled the case till the next meeting date and asked the owner to submit a schedule for completion of the work to NCS. No schedule was submitted to staff and the owner did not appear at the March 5 hearing. Staff has had no contact with the owner since the February HBA meeting.
It is estimated that the cost of bringing the structure into compliance with City codes would be in the range of 422,000 - $26,000.
Attached are copies of the minutes of the February 5 and March 5, 1998 meetings of the Housing Board of Appeals, the findings of fact and order of the Board dated March 9, 1998 and the results of a March 14, 1997 inspection of the property.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
NEIGHBORHOOD AND CONSTRUCTION SERVICES
SUMMARY OF REQUEST: To approve a two-year contract with Free Lance Enterprises for the mowing of lots found to be in violation of the City's noxious weed and vegetation code.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Accept the bid submitted by Free Lance who was the only bidder. The hourly rates covered by the bid are as follows:
Two person crew using tractor and brush hog mower. $42.00
Two person crew using hand mower. 36.00
Although these amounts represent 17.4 and 21% increases over the hourly rates which were in effect for the last two years, they do not appear unreasonable given the current state of the labor market in this area. In addition, staff experience with Free Lance on both the previous mowing contract and the current lot cleaning contract has been very good.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
FINANCE
SUMMARY OF REQUEST: At their March meeting, the City’s pension boards voted to recommend to the City Commission a reduction in the credited service years requirement for non-duty disability pensions from the current ten years to five years. This recommendation was made in order to provide more options to employees who suffer a disabling injury/illness but have a limited number of years of service. Attached are ordinance amendments drafted by the City Attorney’s office to implement this change.
FINANCIAL IMPACT: According to the City’s actuary (Gabriel, Roeder, Smith & Co.) the change will have little financial impact.
BUDGET ACTION REQUIRED: None at this time. Depending on actual experience under this provision, there may be some change in the City’s pension contribution rate. This will be incorporated into future budgets.
STAFF RECOMMENDATION: Approval of the attached pension ordinance amendments.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
DPW – WATER FILTRATION
SUMMARY OF REQUEST: To endorse and award a contract to Sea Brex Marine, the responsible low bidder, for inspection of the intake crib and pipeline at the Water Filtration Plant.
FINANCIAL IMPACT: $22,000 from the Water Filtration Plant 1998 Contractual Services Budget.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: recommend approval and award of contract to Sea Brex Marine.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
DPW
SUMMARY OF REQUEST: Authorize City Staff to distribute free garbage stickers within the upcoming issue of the City’s newsletter, "The Channel".
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: A future budget adjustment may be required if tonnages exceed expectations.
STAFF RECOMMENDATION: Initiate the Pitch It! Program in April 1998.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
DPW
SUMMARY OF REQUEST: Purchase of six new service bodies from Allied Truck Equipment.
FINANCIAL IMPACT: $2,477.00 per box total cost of $14,862.00.
BUDGET ACTION REQUIRED: $21,000 is budgeted for this purchase. Additional cost for painting and mounting.
STAFF RECOMMENDATION: Approval of bid by Allied Truck Equipment for six new Knapeide service bodies at a cost of $14,862.00
COMMITTEE RECOMMENDATION: The Committee of the Whole Recommends approval.
DPW
SUMMARY OF REQUEST: Approval of bid by Woodland International Trucks, Inc. for new plow trucks and approval of a bid from Truck & Trailer Specialties, Inc. for new dumpbodies, underbody scraper, and tarp systems.
FINANCIAL IMPACT: Bid of 463,392.33 per truck for a total of $126,784.66.
BUDGET ACTION REQUIRED: $120,000 is budgeted for this purchase. The remaining $6,784.66 will come from cuts in the purchases of other items.
STAFF RECOMMENDATION: Recommend approval of purchase of two plow trucks from Woodland International Trucks Muskegon, Inc. and approval of two each new dumpbodies, underbody scraper, and tarp systems from Truck & Trailer Specialties, Inc.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
PLANNING
SUMMARY OF REQUEST: Planning staff seeks approval to enter into a contract with Dell Engineering for the environmental analysis portion of the Shoreline Drive project. A recent Request For Proposals (RFP) generated 5 proposals, of which Dell’s was the lowest at $14,500. Proposals were also submitted by Superior Environmental Corp. ($15,700), Westshore Consulting ($16,150), Fleis and Vanderbrink ($17,100), and Dixon Environmental Consultants ($17,000).
FINANCIAL IMPACT: The cost of the work will amount to $14,500, to be paid through the recent transportation funds bond issue.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the attached contract with Couture Environmental Strategies LLC to act as the City’s project Manager for the Cole’s Site Reclamation Project.
FINANCIAL IMPACT: None. Payment for contract services is reimbursed from the MDEQ through the Site Reclamation Grant.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: to approve the attached contract and authorize the Mayor and City Clerk to sign the contract with Couture Environmental Strategies LLC for work associated with the MDEQ Site Reclamation Grant.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Currently the City of Muskegon has a contract with the firm of Miller, Canfield, Paddock and Stone (MCP&S) for the project administration of the MDEQ Site Assessment Fund. Anne Couture, the former Director of Environmental Affairs with MCP&S was the project administrator for the project. Recently, Ms. Couture left MCP&S to form her own company, Couture Environmental Strategies LLC. Ms. Couture remains associated with MCP&S for legal issues that arise with the projects she is engaged with. Since Ms. Couture has been the project administrator for the Site Assessment fund, thereby conducting review of all work performed by the environmental consultants and coordinating with the MDEQ for reimbursement of funds expended, the City Commission is requested to approve a new contract with Couture Environmental Strategies LLC for the same work that was being conducted previously with MCP&S.
FINANCIAL IMPACT: None. Payment for contract services in reimbursed from the MDEQ through the Site Assessment Fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the attached contract and authorize the Mayor and City Clerk to sign the contract with Couture environmental Strategies LLC for work associated with the MDEQ Site Assessment Fund.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
CITY MANAGER
SUMMARY OF REQUEST: To authorize an agreement with Cole’s Quality Foods for utility easements and the vacation of certain utility easements that are no longer needed. This authorization should be conditional on the physical relocation of utilities for the Cole’s expansion project.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To authorize the necessary utility easement agreements and authorize the Mayor and City Clerk to execute same.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Approval to proceed with the sale of Urban Renewal property on the north side of Dudley, east of Creston to Anthony Wilhelm of 3204 Tamworth, Muskegon. The two adjacent lots (#61-31-21-427-018 and #61-31-21-427-019) were appraised together, with a value of $7,500. Mr. Wilhelm has submitted a bid $7,550.00 There were no other bidders.
FINANCIAL IMPACT: Sale will allow property to be placed back on the City’s tax rolls and will relieve the City from further maintenance. Pursuant tot he conditions of sale, Mr. Wilhelm agrees to construct a residence upon this property within 18 months of the date of sale.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends the approval of the resolution and authorization for the mayor and clerk to sign off on the deed.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
x. Wastewater Agreements.
CITY MANAGER
SUMMARY OF REQUEST: To approve a new Wastewater Service Agreement with the County of Muskegon and agree to a consent judgement in the United States, et al. Vs County of Muskegon, et al.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the attached documents.
COMMITTEE RECOMMENDATION; The Committee of the Whole recommends approval.
AFFIRMATIVE ACTION
SUMMARY OF REQUEST: To approve the appointments recommended by the Community Relations Committee.
BUDGET ACTION REQUIRED: N/A
FINANCIAL IMPACT: N/A
STAFF RECOMMENDATION: Staff recommends approval.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
DPW
SUMMARY OF REQUEST: To purchase a Tennent 355D sweeper unit to be used for clean up of areas that the large contract sweepers can’t reach.
FINANCIAL IMPACT: Total cost with all safety options $24,840.34.
BUDGET ACTION REQUIRED: Although this item was not budgeted for in 98 there is sufficient funds to cover the purchase due to unforeseen savings on budgeted items.
STAFF RECOMMENDATION: Staff recommends purchase of one Tennant 355D sweeper unit.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
Motion by Vice Mayor Shepherd, seconded by Commissioner Pleimling to accept the Consent agenda exception of 7(i), (s) and (aa).
ROLL VOTE: Ayes: Sieradzki, Aslakson, Benedict, Michalski, Nielsen, Pleimling, Shepherd
Nays: None
ADOPTED
98-44 ITEMS REMOVED FROM CONSENT
ENGINEERING
SUMMARY OF REQUEST: To award the contract of constructing the Nelson Basketball Courts to Wolffis Construction, the lowest responsible bidder, with a base bid price of $114,050.00 and an alternate bid item of $7,200.00 (with prevailing wages).
FINANCIAL IMPACT: The Construction cost of $114,050.00 base bid and an alternate bid of $7,200.00 plus related engineering expenses which is estimated at about 10% of the construction cost.
BUDGET ACTION REQUIRED: No additional budget action is required, this project is funded by a grant of $135,000.00.
STAFF RECOMMENDATION: To award the contract to Wolffis Construction.
COMMITTEE RECOMMENDATION: The Committee of the Whole
Motion by Commissioner Aslakson, seconded by Vice Mayor Shepherd to award the contract of constructing the Nelson Basketball Courts to Wolffis Construction.
ROLL VOTE: Ayes: Aslakson, Benedict, Michalski, Nielsen, Pleimling, Shepherd, Sieradzki
Nays: None
ADOPTED
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon is anticipating receiving $435,000 from the MDEQ for the site reclamation of the property being purchased by Cole’s Quality Foods, Inc. for their expansion. Since it is preferable for Cole’s to manage the site reclamation activities on the site, the City Commission is requested to approve the attached Agreement between the City and Cole’s. The Agreement authorizes Cole’s to "Exercise the City’s rights and responsibilities in the Grant Agreement" with the exception of processing invoices and requests for payment of consultants and other responsibilities that are best left to the City.
FINANCIAL IMPACT: None. The City of Muskegon will pay the actual invoices for the project, which will be reimbursed through the MDEQ Site Reclamation Grant.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the attached "Agreement with Cole’s Quality Foods, Inc. for Implementation of SRP Grant" and authorize the Mayor and City Clerk to sign the Agreement.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
Motion by Commissioner Aslakson, seconded by Commissioner Benedict to authorize Cole’s to "exercise the City’s rights and responsibilities in the Grant Agreement" with the exception of processing invoices and requests for payment of consultants and other responsibilities that are best left to the City.
ROLL VOTE: Ayes: Benedict, Michalski, Nielsen, Pleimling, Shepherd, Sieradzki, Aslakson
Nays: None
ADOPTED
SUMMARY OF REQUEST: In 1998, the three fuel tanks at the Public Service Building must be removed and replaced with a single, divided tank, per EPA regulations.
Three proposals have been replaced for the design of the work.
FINANCIAL IMPACT:
BUDGET ACTION REQUIRED:
STAFF RECOMMENDATION: We recommend the award of this work to Dell Engineering at a cost not to exceed $9,240.00.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends approval.
Motion by Commissioner Benedict, seconded by Commissioner Aslakson, to approve the request for engineering design fees for underground storage tanks removal and replacement.
ROLL VOTE: Ayes: Michalski, Nielsen, Pleimling, Shepherd, Sieradzki, Aslakson, Benedict
Nays: None
ADOPTED
PLANNING
SUMMARY OF REQUEST: Planning staff is in receipt of a proposal, submitted by the Church of God – Muskegon, for the reuse of the former Madison Street Fire Station. The Church is requesting that the City donate this building to them for use as a church and outreach center. A variety of ministries are proposed to operate out of the facility. In exchange, the Church will agree to put approximately $60,000 of unspecified improvements into the building, and allow the Oak View Neighborhood Association (current leasee) permanent use of the facility.
FINANCIAL IMPACT:
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: The City currently has another offer outstanding on this building. If accepted, this alternative offer would result in a sizable capital gain, and non-tax exempt use for the City. Staff therefore recommends rejection of the offer tendered by the Church of God- Muskegon
PLANNING
SUMMARY OF REQUEST: Planning staff is in receipt of a proposal, submitted by the Oak View Neighborhood Association requesting that the City extend their current lease of the building, and offering them an option to purchase. The neighborhood association has occupied the building since December of 97, and has made several cosmetic improvements to the exterior and interior of the building. The neighborhood association’s lease expires in May. The neighborhood association has filed for 501-C3 (non-profit) status, and has also applied for a $13,000 grant (CDBG) for roof and window replacement. The grant, which was applied for in November of 97, is not for purchase of the building. The status of the grant is pending disposition of the association’s non-profit status. The neighborhood association is also in the process of organizing several fund-raising events to raise money for purchase/maintenance of the building.
Due to the fact that the City has a pending offer of $65,000 for the building, staff requests that the City Commission decline the Oak View Neighborhood Association request. It should be noted that the pending purchase offer, tendered by Art Stoner, would result in a non tax exempt use of the facility. Finally, Mr. Stoner has expressed his desire to accommodate the neighborhood association’s continued use of the property.
FINANCIAL IMPACT: If the City accepts the Oak View neighborhood Association proposal:
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: The City currently has another offer outstanding on this building. If accepted, this alternative offer would result in a sizable capital gain, and non-tax exempt use for the City. Staff therefore recommends rejection of the offer tendered by the Oak View Neighborhood Association.
PLANNING
SUMMARY OF REQUEST: The Planning Department seeks approval to proceed with the sale of the former Madison Street Fire Station, located at 1774 Madison Street, to Mr. Art Stoner of 482 Amity for $65,000. Mr. Stoner plans to use the building as his primary residence. Proposed ancillary uses would include bi-monthly bridge games/tournaments for the Muskegon Bridge and Chess Clubs, and private math and science tutoring services. The bridge games are not expected to draw more than 25-35 players at a time
Purchase of the property would be contingent upon Mr. Stoner receiving the necessary zoning approvals which entail a special use permit to operate a private (non-revenue generating) recreation club. The property is currently zoned "R". A zone change would not be required to accommodate Mr. Stoner’s proposed uses of the property. Mr. Stoner has further indicated that he would be amenable to allowing the Oak View Neighborhood Association to continue renting the facility on a fee basis.
FINANCIAL IMPACT: The City would realize a $65,000 capital gain on the sale of the property. In addition, the City would be relieved of pending and future maintenance, and the property would be placed on the tax rolls.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends proceeding with the sale of the former Madison Street Fire Station to Mr. Art Stoner contingent upon his working with the Neighborhood Association for a period of not less than one year and that he conform to all zoning requirements.
Motion by Commissioner Michalski, seconded by Mayor Nielsen to postpone until the April 28th meeting so that Mr. Stoner and the Neighborhood Association can work out details and develop a positive working relationship.
Motion by Commissioner Sieradzki to amend the motion to sell to the Neighborhood Association for $1.00.
Mayor Nielsen ruled that this was not a proper amendment.
ROLL VOTE: Ayes: Nielsen, Michalski
Nays: Pleimling, Shepherd, Sieradzki, Aslakson, Benedict
FAILS
Motion by Commissioner Sieradzki to sell to Oak View Neighborhood Association for $1.00.
The City Attorney informed the Commission that it is against the law to sell city property unless it is for fair market value.
Motion by Commissioner Sieradzki to extend the lease with the Oak View Neighborhood Association with an option to purchase.
Motion fails for lack of support.
Motion by Commissioner Aslakson, seconded by Commissioner Pleimling to reject the proposals of the Church of God – Muskegon and the Oak View Neighborhood Association and to accept the bid of Mr. Stoner for $65.00 contingent upon his obtaining Special Use Permits required under zoning.
ROLL VOTE: Ayes: Aslakson, Benedict, Pleimling, Shepherd
Nays: Michalski, Nielsen, Sieradzki
ADOPTED
d. Business Registration Program.
CITY CLERK
SUMMARY OF REQUEST: Adoption of an Ordinance repealing and then restating and amending the Articles in Chapter 5 of the City of Muskegon Code of Ordinances entitled "Business Regulations and Licenses," and, further, repealing Chapter 6 of the Code entitled "Casual Sales".
BUDGET ACTION REQUIRED: None
FINANCIAL IMPACT: Unknown at this time.
STAFF RECOMMENDATION: Approval of the request and adoption of the Business Registration and Regulations Ordinance.
COMMITTEE RECOMMENDATION: The Committee of the Whole recommends that this be referred back to staff for further consideration and to write a Business Registration Program similar to Muskegon Townships.
ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: Under the Davis-Bacon Act of 1931, Federal and State projects must require Prevailing Wage Rate. City funded contracts are not necessarily required to have prevailing Wage Rate. However, since the 1970’s the City of Muskegon has bid out City funded contracts consistent with an Act it is not required to abide by.
A review of the record revealed that in 1997 alone, the City lost $217,075.50 on contracts awarded (mostly to out of town contractors) with Prevailing Wage Rate requirement.
The Committee of the Whole requested this item be held until Tuesdays Commission meeting.
ENGINEERING
SUMMARY OF REQUEST: Award the contract of constructing Keaton Court, Lakeshore Drive to Filtration Plant, to E & K Construction of Holland, the lowest responsible bidder, with a bid price of $34,232.00 if it is determined to continue with the prevailing wages requirements. And if it is determined to rescind the prevailing wages requirements, E & K Construction be awarded the project with a bid price of $32,964.50. The total difference between the two bids is $1,267.50 which would be a direct saving to the City.
The Committee of the Whole recommends that this item be approved with amount to be considered after the Prevailing Wage Rate agenda item.
ENGINEERING
SUMMARY OF REQUEST: To award the contract of the watermain replacement in Dowd Street, Laketon to Young, to the lowest responsible bidder. That being, either Jackson-Merkey Contractors with a bid price of $132,435.40 if it is determined to continue with the prevailing wages requirements, or Reliable Truck & Crane with a bid price of $116,463.00 if it is determined to rescind the prevailing wages requirements. The difference between the two (2) bids is $15,972.40 which would be a direct saving to the City.
No recommendation by the Committee of the Whole.
PLANNING
SUMMARY OF REQUEST: Adopt a resolution of adoption for the Southern Avenue Subarea plan. This document was previously distributed for your review. The Planning commission adopted the plan at their March 12th meeting.
Committee of the Whole recommends approval.
CITY MANAGER
SUMMARY OF REQUEST: To adopt an ordinance providing for the franchising of utilities within the City of Muskegon.
The Committee of the Whole recommends delaying action on this item until the Commission Meeting to be held on Tuesday, April 14, 1998.
CITY MANAGER
SUMMARY OF REQUEST: To consider an electric franchise ordinance for Engage Energy. This will allow Engage Energy to perform local electric business in the City of Muskegon.
The Committee of the Whole recommends delaying action on this item until the Commission Meeting to be held on Tuesday, April 14, 1998.
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who want to attend the meeting upon twenty-four (24) hour notice to the City of Muskegon. Please contact: Gail A. Kundinger, City Clerk, 933 Terrace, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD: (231) 724-4172.