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, April 13, 1999.

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 Attorney Tom Johnson, City Clerk Gail A. Kundinger

Absent: None

Mayor Nielsen opened the meeting at 5:30 p.m. Reverend Carl Bruxvoort, Allen Avenue Christian Reformed Church, gave the opening prayer after which members of the audience joined the City Commission in reciting the Pledge of Allegiance to the Flag.

  1. HONORS AND AWARDS:

    1. Resolution recognizing Tom Harryman.
    2. COMMUNITY RELATIONS COMMITTEE

      SUMMARY OF REQUEST: A resolution was requested from the Community Relations Committee to recognize Tom Harryman for his contributions while at the Frauenthal Center. Tom left his position with the Frauenthal early this year.

      FINANCIAL IMPACT: None

      BUDGET ACTION REQUIRED: None

      STAFF RECOMMENDATION: Approval. The Community Relations Committee voted unanimously to approve this request at their meeting on March 1, 1999.

      COMMITTEE RECOMMENDATION: No action was taken on this item at the Committee of the Whole Meeting.

      Commissioner Aslakson read the resolution aloud and presented it to Tom Harryman for his contributions while at the Frauenthal Center.

    3. Resolution recognizing Pat Johnson.
    4. COMMUNITY RELATIONS COMMITTEE

      SUMMARY OF REQUEST: A resolution was requested from the Community Relations Committee to recognize Pat Johnson for her contributions while at the Community Foundation for Muskegon County. Pat has announced her retirement from the Community Foundation as of this summer.

      FINANCIAL IMPACT: None

      BUDGET ACTION REQUIRED: None

      STAFF RECOMMENDATION: Approval. The Community Relations Committee voted unanimously to approve this request at their meeting on March 1, 1999.

      COMMITTEE RECOMMENDATION: No action was taken on this item at the Committee of the Whole Meeting.

      Mayor Nielsen read the resolution aloud and presented it to Pat Johnson for her contributions while at the Community Foundation for Muskegon County.

    5. Resolution proclaiming April 18-24, 1999, as Donor Awareness Week.
    6. COMMUNITY RELATIONS COMMITTEE (2e)

      SUMMARY OF REQUEST: A resolution was requested by the Community Relations Committee to proclaim the week of April 18-24, 1999 as "Donor Awareness Week".

      FINANCIAL IMPACT: None

      BUDGET ACTION REQUIRED: None

      STAFF RECOMMENDATION: Approval. The Community Relations Committee voted unanimously to approve this request at their meeting on March 1, 1999.

      COMMITTEE RECOMMENDATION: No action was taken on this item at the Committee of the Whole Meeting.

      Commissioner Pleimling read the resolution aloud and presented it to Nance Carlson, representative from Lakeshore Transplant Support Group.

    7. Resolution observing April 1999 as Month of the Young Child.

COMMUNITY RELATIONS COMMITTEE (7ll)

SUMMARY OF REQUEST: A resolution was requested to observe April 1999, as Month of the Young Child.

FINANCIAL IMPACT: None

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: The Committee of the Whole recommends approval.

Commissioner Benedict read the resolution aloud and indicated that it will be on display in City Hall.

  1. CONSENT AGENDA: All items listed under the Consent Agenda have been considered by City Commission at their Monday evening work session, to be routine in nature and will be enacted in one motion. Any item that requires additional discussion will be removed from the Consent Agenda and be considered separately.
    1. Rehabilitation of 1638 Sixth Street.
    2. NEIGHBORHOOD AND CONSTRUCTION SERVICES

      SUMMARY OF REQUEST: To approve the attached consent judgment between Ciggzree Morris and the City of Muskegon for rehabilitation of the structure located at 1638 Sixth Street.

      FINANCIAL IMPACT: The agreement will eliminate the city’s need to pay for demolition should the property not be repaired as proposed.

      BUDGET ACTION REQUIRED: None

      STAFF RECOMMENDATION: Under this agreement, Ms. Morris will deposit $5,000 with the City in an escrow account and will complete all required repairs indicated in Exhibit A structure before August 31, 1999. If the repairs are not completed by this date, the city may proceed to demolish the building and use the funds held in escrow to pay for the cost of demolition.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the request.

    3. MDOT Application to remove abandoned tracks.
    4. ENGINEERING

      SUMMARY OF REQUEST: It is requested that the Engineering department be authorized to submit an application to MDOT requesting financial assistance of $4,000 per track or a total of $60,000 to remove all fifteen abandoned tracks on Park, Seventh, Larch, Forest, Southern and Grand. The total estimated cost is $120,000.

      FINANCIAL IMPACT: We expect the City’s share to be around $60,000.

      BUDGET ACTION REQUIRED: None, the City’s share will come out of the Major & Local Street Funds.

      STAFF RECOMMENDATION: To submit the application.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended authorization to submit the application to MDOT.

    5. Consideration of Bids; Spring Street, Delaware to Wood.
    6. ENGINEERING

      SUMMARY OF REQUEST: The contract to reconstruct Spring Street from Delaware to Wood be awarded to Lakeside Construction since they were the lowest responsible bidder with a bid price of $610,059.44.

      FINANCIAL IMPACT: The construction cost of $610,059.44 plus related engineering expenses.

      BUDGET ACTION REQUIRED: None

      STAFF RECOMMENDATION: Award the contract to Lakeside Construction.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended awarding the contract to Lakeside Construction.

    7. Consideration of Bids; GVSU Utilities.
    8. ENGINEERING

      SUMMARY OF REQUEST: The contract to extend public utilities (sewer and water) as well as paving an access drive to the Grand Valley site to Laser Excavating since they were the lowest responsible bidder with a bid price of $38,174.50.

      FINANCIAL IMPACT: The construction cost of $38,174.50 plus related engineering expenses.

      BUDGET ACTION REQUIRED: None

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended awarding the contract to Laser Excavating.

    9. SECOND READING – Amendment to Water Revenue Bond Ordinance.
    10. FINANCE (6a)

      SUMMARY OF REQUEST: Previously, the City Commission approved the sale of $9,575,000 of Series 1999 Water Revenue Bonds. As part of the bonding process the city purchased insurance from Financial Security Assurance, Inc. (FSA) so that it could sell the bonds with a "AAA" rating thus significantly lowering interest costs over the life of the bonds. FSA has requested that the city amend its bond-authorizing ordinance to incorporate terms of its insurance policy. The city has agreed to these terms under separate contract and bond counsel advises there is no problem in meeting FSA’s request.

      FINANCIAL IMPACT: Publication costs.

      BUDGET ACTION REQUIRED: None at this time.

      STAFF RECOMMENDATION: Approval of the attached ordinance amendment.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended adoption of the Ordinance.

    11. Transmittal of 1998 Comprehensive Annual Financial Report.
    12. FINANCE (7hh)

      SUMMARY OF REQUEST: The City’s 1998 Comprehensive Annual Financial Report (CAFR) has previously been distributed to City Commissioners. At this time the CAFR is being formally transmitted to the Commission in accordance with state law. The City’s independent auditors (Hoffman, Steensma, & Plamondon) will be in attendance at the April 12th Committee of the Whole meeting to answer any questions Commissioners may have. In addition, should the Commission wish to do so, staff and the auditors are prepared to conduct a special work session to focus on the CAFR as well as City finances in general.

      FINANCIAL IMPACT: None. The CAFR report summarizes the City’s financial activities for 1998 and includes the independent auditor’s unqualified opinion on the City’s financial statements.

      BUDGET ACTION REQUIRED: None

      STAFF RECOMMENDATION: Acceptance of the 1998 CAFR.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended acceptance of the Comprehensive Annual Financial Report.

    13. Approval of Minutes.
    14. CITY CLERK (7e)

      SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting that was held on Tuesday, March 23, 1999.

      FINANCIAL IMPACT: None

      BUDGET ACTION REQUIRED: None

      STAFF RECOMMENDATION: Approval of the minutes.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the minutes with a correction on page two to read Motion by Vice Mayor Shepherd, seconded by Commission Sieradzki.

    15. Fireworks Display – Summer Celebration.

CITY CLERK (7f)

SUMMARY OF REQUEST: Steven R. Franklin, Summit Pyrotechnics, is requesting approval of a fireworks display for June 24, July 1 and July 4, 1999. Fire Marshall Grabinski has reviewed the request and recommends approval contingent on inspection the day of the show. The insurance has been approved by IBEX Enterprises, Inc.

FINANCIL IMPACT: None

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Approval of the application.

COMMITTEE RECOMMENDATON: Committee of the Whole recommended approval of the request.

    1. Resolution Recognizing Big Brothers/Big Sisters of the Lakeshore, Inc. as a non-profit organization.
    2. CITY CLERK (7g)

      SUMMARY OF REQUEST: Approval of a resolution recognizing Big Brothers/Big Sisters of the Lakeshore, Inc. as a non-profit organization operating in the City of Muskegon.

      FINANCIAL IMPACT: None

      BUDGET ACTION REQUIRED: None

      STAFF RECOMMENDATION: Approval of the request and adoption of the resolution.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended adoption of the resolution.

    3. Amendment to Resolution #98-121d, IFT Certificate for Competitive Edge Wood Specialties, Inc.
    4. CITY CLERK & ECONOMIC DEVELOPMENT (7h)

      SUMMARY OF REQUEST: We have received a request from the State Tax Commission to send them an amending resolution that would include the effective time period for the tax abatement approved for Competitive Edge Wood Specialties, Inc. (approved at your meeting held November 24, 1998). We request your approval of the resolution amending City Commission Resolution #98-121d to include that the tax abatements shall be in effect for a period of 12 years for real property.

      BUDGET ACTION REQUIRED: None

      FINANCIAL IMPACT: None

      STAFF RECOMMENDATION: Approval of the request.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended adoption of the resolution.

    5. Sale of additional property to the Church of God – Muskegon.
    6. PLANNING & ECONOMIC DEVELOPMENT (7i)

      SUMMARY OF REQUEST: Approval of the resolution to revise the amount of property being sold to the Church of God-Muskegon. In November 1998 the City Commission approved the sale of City-owned property to the Church of God-Muskegon for $4,000. The original sale was for 269 feet of frontage along Marquette Ave. The Church of God-Muskegon has since submitted a site plan for the new church building and has applied for a special-use permit for the site. In order to accommodate the necessary number of parking spaces required for the church building, an additional 55 feet of frontage is required. As the original sale has not yet closed, the property description and purchase price can be revised to include the additional frontage.

      FINANCIAL IMPACT: The Church of God-Muskegon has agreed to pay $817.30 for the additional frontage ($14.86 per foot of frontage as per the original appraisal).

      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 revised deed.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the resolution.

    7. Franchise Permit for Norlight Telecommunications, Inc.
    8. CITY MANAGER (7j)

      SUMMARY OF REQUEST: To approve a franchise permit for Norlight Telecommunications, Inc.

      FINANCIAL IMPACT: None

      BUDGET ACTION REQUIRED: None

      STAFF RECOMMENDATION: To approve the attached ordinance.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the request.

    9. Skatepark Paving Bids.
    10. LEISURE SERVICES (7m)

      SUMMARY OF REQUEST: To award a contract to Asphalt Paving for the paving of the skatepark at Seyferth.

      FINANCIAL IMPACT: $22,720

      BUDGET ACTION REQUIRED: None, $40,000 budgeted.

      STAFF RECOMMENDATION: Approve

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended awarding the contract to Asphalt Paving.

    11. Skatepark Ramp Bids.
    12. LEISURE SERVICES (7n)

      SUMMARY OF REQUEST: To purchase ramps for the Skatepark at Seyferth from American Ramp Co.

      FINANCIAL IMPACT: $33,060.50

      BUDGET ACTION REQUIRED: Money to come from Community Foundation for Muskegon County and funds raised by the youth.

      STAFF RECOMMENDATION: Approve

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the purchase.

    13. Revoking IFT – Amstore Corporation.
    14. PLANNING (7o)

      SUMMARY OF REQUEST: Amstore Corporation had donated the property located at 716 Nims Street (former Westshore Pavilion facility) to the City of Muskegon on March 14, 1996. Since that date, City Assessor’s records still show Amstore Corporation as the owner of said property and receiving notice of delinquent tax. To appropriately transfer and record ownership change, a resolution is hereby requested to revoke existing IFT’s issued to Amstore Corporation.

      FINANCIAL IMPACT: None

      BUDGET ACTION REQUIRED: None

      STAFF RECOMMENDATION: Approval for the revocation of personal and real property IFT’s.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended adoption of the resolution.

    15. Local Government Start-Up Grant from ESRI Corp.
    16. PLANNING & ECONOMIC DEVELOPMENT (7p)

      SUMMARY OF REQUEST: Approval of a resolution to accept a Local Government Start-up Grant from the ESRI Corporation for Geographic Information System mapping software.

      FINANCIAL IMPACT: Continued dedication of staff time to learn and use the GIS system. The grant is worth $109,000, plus ESRI has offered to let the City trade Maptitude licenses for ArcView licenses, one-for-one with no charge. There will be a cost of $4,000 per year, after the first year, for service contracts for the ArcInfo and MapInfo software included in the grant. There is no service contract required for the ArcView software.

      BUDGET ACTION REQUIRED: None

      STAFF RECOMMENDATION: Approval of the attached resolution and authorization for the Planning Department to accept the grant and to trade up to 20 Maptitude licenses for ArcView licenses.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the resolution.

    17. Amendment to Medendorp Plat.
    18. CITY MANAGER (7s)

      SUMMARY OF REQUEST: To authorize the City Attorney to consent to an amendment to the Medendorp Plat through Circuit Court Action.

      FINANCIAL IMPACT: None

      BUDGET ACTION REQUIRED: None

      STAFF RECOMMENDATION: To approve the request.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended authorization of the amendment.

    19. Mark Pack Incorporated – Transfer Employment.
    20. PLANNING & ECONOMIC DEVELOPMENT (7t)

      SUMMARY OF REQUEST: To consider a request from Mark Pack Incorporated to transfer employment to the City of Coopersville for the purpose of receiving an Industrial Facilities Tax Abatement.

      FINANCIAL IMPACT: Loss of 17 jobs.

      BUDGET ACTION REQUIRED: None

      STAFF RECOMMENDATION: To deny. However, if the decision is made to approve the transfer of employment, then to authorize the Mayor and Clerk to sign the attached resolution.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the transfer of 17 jobs to Coopersville.

    21. Streetlighting request – Harbour Towne.
    22. PUBLIC WORKS (7v)

      SUMMARY OF REQUEST: John Darrien and the Harbour Towne Owners Association have requested the installation of streetlighting in the Harbour Towne area. Consumers Energy has designed the lighting for this project. The design calls for the installation of 23 – 8,500 lumen High-Pressure Sodium streetlights. These lights will be the decorative post top style (similar to those in the Marquette neighborhood).

      FINANCIAL IMPACT: The City will contribute the standard installation cost of $100 per light or $2,300. Additional costs for decorative lights and underground wiring to be paid by the developer. Energy cost will be approximately $2,484 annually and will be added to the City’s annual streetlight maintenance budget.

      BUDGET ACTION REQUIRED: None for installation as an item for new installations is requested each year in the Streetlighting budget. Energy costs will need to be added into future budgets.

      STAFF RECOMMENDATION: Approve the installation of 23 – 8,500 lumen High-Pressure Sodium streetlights in the Harbour Towne area.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the cost of 15 lights, normal costs of energy of 15 lights and installation of 15 lights.

    23. Aggregates and Highway Maintenance Materials.
    24. PUBLIC WORKS (7w)

      SUMMARY OF REQUEST: Award bid to supply Calcium Chloride 38% (road brine) and 32% (winter salting) to Liquid Dustlayer, Inc.

      Award bid to supply 20AA and 31A bituminous asphalt to Asphalt Paving, Inc.

      Award bid to supply polymer modified anionic asphalt emulsion to Koch Materials Company.

      Award bid to supply sylvax patching material to Rieth-Riley Construction Company.

      Award bid to supply limestone chip blend and road slag to Verplank Trucking Company.

      FINANCIAL IMPACT: $69,854.91 based on 1998 usage at 1999 quotes.

      BUDGET ACTION REQUIRED: None; monies appropriated in several budgets.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended awarding the bids.

    25. Approval of a Neighborhood Enterprise Zone Certificate (NEZ).
    26. PLANNING & ECONOMIC DEVELOPMENT (7x)

      SUMMARY OF REQUEST: To approve an application for a NEZ certificate received from Lyn Osborn (applicant) of 413 W. Webster to rehabilitate a home in Nelson Neighborhood. The applicant has met both local and state requirements for the issuance of the certificate. Approval or denial by the commission is a necessary component before approval by the State Tax Commission.

      FINANCIAL IMPACT: Taxation for the property will be set at the current State Equalized Value (SEV) of $1,100 for next 12 years.

      BUDGET ACTION REQUIRED: None

      STAFF RECOMMENDATION: To approve the attached resolution and to authorize the Mayor and the City Clerk to sign the resolution approving issuance of the NEZ certificate.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the application.

    27. Property Appraisals, Seaway Industrial Park.
    28. PLANNING (7y)

      SUMMARY OF REQUEST: The City of Muskegon is intending to file an application for an Urban Land Assembly (ULA) loan for the purchase of several land parcels within the proposed Seaway Industrial Park boundaries. The purpose is to assemble these lots for industrial use. As a requirement from Michigan Jobs Commission, the City can not qualify for a loan without appraisals from certified appraisers. The request is to proceed with the appraisals at a cost of approximately $11,200. Application deadlines, and the lack of available appraisers to perform the necessary work, require staff to dispense with the standard RFP process.

      FINANCIAL IMPACT: Cost of appraisals, $11,200.

      BUDGET ACTION REQUIRED: None

      STAFF RECOMMENDATION: Staff recommends approval of the request.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the resolution approving the selection of two appraisers.

    29. Approval of Clean Michigan Initiative Grant.
    30. PLANNING (7z)

      SUMMARY OF REQUEST: To approve the attached resolution for the submittal of the Clean Michigan Initiative (CMI), Waterfront Redevelopment Grant Program. The grant request will include several lakeshore projects. Funding in the April grant cycle will be requested for three projects, which are Cross-Lake Ferry, GVSU and Rag & Metal. Additional projects are mentioned but no funding will be requested until the September grant funding cycle.

      FINANCIAL IMPACT: If the City is approved for funding, the potential exists to receive over $1 million in the first funding cycle and several million dollars in the second funding cycle.

      BUDGET ACTION REQUIRED: A 25% City match would be required.

      STAFF RECOMMENDATION: To Approve the attached resolution and authorize the Mayor and Clerk to sign the resolution.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended adoption of the resolution.

    31. Property purchase – Hackley-Seaway Industrial Park.
    32. PLANNING (7aa)

      SUMMARY OF REQUEST: Approval to proceed with the purchase of a property at 2013 Waalkes. Subject property is within the planned Hackley-Seaway Industrial expansion area. The assembly of land within the Hackley-Seaway Center is designed to facilitate future industrial expansion, and was submitted with the City’s OEDP projects. The subject parcel is 100’ x 125". The assessed value is $18,600.

      FINANCIAL IMPACT: $35,000 plus demolition costs. Costs to be recouped through future re-sale of property.

      BUDGET ACTION REQUIRED: None

      COMMITTEE RECOMMENDATION: Committee of the Whole voted not to approve the property purchase until a signed agreement with the owner is reached.

    33. Approval of GTE Grant Submission.
    34. PLANNING & ECONOMIC DEVELOPMENT (7bb)

      SUMMARY OF REQUEST: To approve the submittal of a grant application and acceptance of funds from GTE Service Corporation for marketing/education for possible establishment of a principal shopping district and development of an economic development plan. The department also seeks approval to submit the grant through the Muskegon Community Foundation (as it needs to be formally submitted through a non-profit organization).

      FINANCIAL IMPACT: The City will gain $25,000 to be used for technical assistance. Funds will be channeled through the Community Foundation.

      BUDGET ACTION REQUIRED: None

      STAFF RECOMMENDATION: To approve the attached resolution submission of the GTE grant, to accept all funds associated with the grant, and to authorize the Mayor and the City Clerk to sign the resolution.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the grant application and acceptance of funds from GTE.

    35. Cross Lake Ferry Facilities.
    36. CITY MANAGER (7cc)

      SUMMARY OF REQUEST: To approve a commitment (letter provided separately) to Hydrolink to provide shoreside facilities in Muskegon for cross-lake ferry service between Muskegon and Milwaukee.

      FINANCIAL IMPACT: Approximately $1,410,000.00 (Breakdown attached).

      BUDGET ACTION REQUIRED: Approve the use of $500,000 from the City’s Revolving Loan Fund. Other budget adjustments will be necessary as the project proceeds.

      STAFF RECOMMENDATION: TO approve the commitment to Hydrolink and to authorize the City Manager to send the letter to Hydrolink indicating the same.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of a commitment to Hydrolink.

    37. Approval of Option for Shaw Walker Parking Lot.

PLANNING & ECONOMIC DEVELOPMENT (7ee)

SUMMARY OF REQUEST: To approve the attached Option Agreement between the City of Muskegon and Lakeview Industrial, Inc. for the purchase of the former "Shaw-Walker" parking lot on Western Avenue, for use associated with the Cross-Lake Ferry. The option price is $1,000, which extends through July 1, 1999. The purchase price is $250,000.

FINANCIAL IMPACT: The City will pay the option price of $1,000 after the "first right of refusal" has been removed. If the City chooses to proceed with the purchase of the property on or before July 1, 1999, there will be an additional payment for the property of $249,000.

BUDGET ACTION REQUIRED: None at this time.

STAFF RECOMMENDATION: To approve the attached Option Agreement and authorize the Mayor and Clerk to sign the Agreement, as well as any other documents associated with the Option Agreement

COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the request.

Motion by Commissioner Benedict, second by Commissioner Aslakson to approve the Consent Agenda with no exceptions.

ROLL VOTE: Ayes: Shepherd, Sieradzki, Aslakson, Benedict, Michalski, Nielsen, Pleimling

Nays: None

ADOPTED

  1. NEW BUSINESS:

    1. Approval of Lease Option Agreement – A&E Investments, Inc.
    2. PLANNING & ECONOMIC DEVELOPMENT (7dd)

      SUMMARY OF REQUEST: To approve a Lease Option Agreement Between the City of Muskegon and A & E Investments, Inc. (owners of the Waterfront Center) for property which can be developed for Cross-Lake Ferry operations. Approximately one acre will be purchased for the possible future site of the two buildings, which are required for the Ferry operations. An additional two acres will be leased for a future parking and staging area. Minor changes to the Lease Option may occur prior to signing the Agreement.

      FINANCIAL IMPACT: The financial impact will depend upon the results of the appraisals for the purchase of approximately one-acre of the property. Three (3) appraisers will arbitrate this price. The lease term is for One ($1) Dollar annually, for a ten (10) year lease, with four additional automatic renewals of ten years each.

      BUDGET ACTION REQUIRED: None, at this time.

      STAFF RECOMMENDATION: To approve the attached Lease Option Agreement and authorize the Mayor and Clerk to sign the Lease Option Agreement when it is finalized.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended that this item to sent back to city staff until final document has been completed.

      Motion by Commissioner Benedict, second by Commissioner Aslakson to accept the revised term sheet and Lease Option Agreement.

      ROLL VOTE: Ayes: Sieradzki, Aslakson, Benedict, Michalski, Nielsen, Pleimling, Shepherd

      Nays: None

      ADOPTED

    3. Amazon Building Redevelopment.

CITY MANAGER (7ff)

SUMMARY OF REQUEST: To endorse the redevelopment of the Amazon Building as proposed by Gough & Gough, Inc., and Trinity Village Non-Profit Housing Corporation and to authorize the use of Site Assessment Grant funds for an environmental assessment of the property.

FINANCIAL IMPACT: Approximately $50,000. Funds would be allocated from the City’s Site Assessment Grant.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: To endorse the project and authorize the use of Site Assessment Grant funds for the project.

COMMITTEE RECOMMENDATION: Committee of the Whole recommended endorsement (Vote 5-2)

Motion by Commissioner Aslakson, second by Commissioner Michalski to endorse the redevelopment of the Amazon Building as proposed by Gough & Gough, Inc., and Trinity Village Non-Profit Housing Corporation and to authorize the use of Site Assessment Grant funds for an environmental assessment of the property.

ROLL VOTE: Ayes: Aslakson, Michalski, Nielsen, Shepherd, Sieradzki

Nays: Benedict, Pleimling

ADOPTED

    1. Charter Parks.
    2. LEISURE SERVICES (7k)

      SUMMARY OF REQUEST: To adopt the attached list of parks as the Charter Parks.

      FINANCIAL IMPACT: None

      BUDGET ACTION REQUIRED: None

      STAFF RECOMMENDATION: Approve, but to delete Fisherman’s Landing, so that the proposed conversion of that site can move ahead.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the list of parks with the exclusion of Fisherman’s Landing from the list. (Vote 5-2)

      Motion by Commissioner Michalski, second by Commissioner Aslakson to adopt the list of parks as the Charter Parks.

      ROLL VOTE: Ayes: Michalski, Nielsen, Shepherd, Sieradzki, Aslakson

      Nays: Benedict, Pleimling

      ADOPTED

    3. Proposed Special Events Policy Amendments.
    4. LEISURE SERVICES (7l)

      SUMMARY OF REQUEST: To adopt the proposed amendments to the Special Events Policy.

      FINANCIAL IMPACT: None

      BUDGET ACTION REQUIRED: None

      STAFF RECOMMENDATION: Approve except to eliminate Steak and Blues from the Grandfathered events.

      COMMITTEE RECOMMENDATION: Committee of the Whole recommended adoption of the proposed amendments. (Vote 6-1)

      Motion by Commissioner Aslakson, second by Vice Mayor Shepherd to adopt the amendment to the Special Events Policy.

      ROLL VOTE: Ayes: Michalski, Nielsen, Shepherd, Sieradzki, Aslakson, Benedict

      Nays: Pleimling

      ADOPTED

    5. Petition to vacate East Western Avenue, between Marquette and Bayou; and Cross, between Ottawa and Bank.
    6. PLANNING (7q)

      SUMMARY OF REQUEST: To adopt the attached resolution to vacate East Western Ave., between Marquette and Bayou; and Cross, between Ottawa and Bank to eliminate encumbrances to Fisher Steel property.

      FINANCIAL IMPACT: None

      BUDGET ACTION REQUIRED: None

      STAFF RECOMMENDATION: Adopt the attached resolution.

      COMMITTEE RECOMMENDATION: Committee of the Whole voted to postpone any action until Tuesday’s meeting.

      Motion by Commissioner Aslakson, second by Commissioner Benedict to concur with the recommendation of the Planning Commission for East Western and Cross and to record the section of Bank and to refer back to the Planning Commission that portion of Bank beyond Bayou.

      ROLL VOTE: Ayes: Nielsen, Pleimling, Shepherd, Sieradzki, Aslakson, Benedict Michalski

      Nays: None

      ADOPTED

    7. Resolution denying Rezoning Request.

PLANNING (7r)

SUMMARY OF REQUEST: Request to rezone vacant land Southeast of Sanford Bayou, East of Seaway Drive from B-4, General Business and RT, two family residential to I-1, Light Industrial.

FINANCIAL IMPACT: None

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: The Planning Commission and staff recommend adopting the attached resolution denying the request.

COMMITTEE RECOMMENDATION: Committee of the Whole recommended denial of the request to rezone the land. (Vote 5-1-1)

Motion by Vice Mayor Shepherd, second by Commissioner Aslakson to deny the rezoning of vacant land Southeast of Sanford Bayou, East of Seaway Drive from B-4, General Business and RT, two family residential to I-1, Light Industrial.

ROLL VOTE: Ayes: Pleimling, Shepherd, Sieradzki, Aslakson, Benedict, Michalski, Nielsen

Nays: None

ADOPTED

  1. ANY OTHER BUSINESS:

    1. Consent Order – Brian Maracek vs. City of Muskegon

CITY MANAGER

Motion by Commissioner Benedict, second by Commissioner Aslakson to accept the Consent Order as presented.

ROLL VOTE: Ayes: Sieradzki, Aslakson, Benedict, Nielsen, Pleimling

Nays: Shepherd

Abstain: Michalski

ADOPTED

ADJOURNMENT: The Regular Commission Meeting was adjourned at 9:01 p.m.

Respectfully submitted,

 

Gail A. Kundinger, CMC/AAE

City Clerk