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 11, 2000.
Mayor Nielsen opened the meeting with a prayer after which members of the City Commission and the members of the public joined in reciting the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING
Present: Mayor Fred J. Nielsen; Vice Mayor Scott Sieradzki; Commissioner John Aslakson, Jone Wortelboer Benedict, Robert Schweifler, Clara Shepherd, Lawrence Spataro
Absent: None
SUMMARY OF REQUEST: A resolution was requested to recognize the Child Abuse Council’s CASA program.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: Approval. The vote was not unanimous, however, due to the excused absence of Commissioner Aslakson. The resolution has been prepared both ways, in the event that Commissioner Aslakson wishes to support the resolution.
Commissioner Benedict read the resolution at 6:03 p.m.
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting that was held on Tuesday, March 28, 2000.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Liquor License Request – Transfer ownership at 2546 Henry Street. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommendation on a request from Small Perch Inc. to transfer ownership of the existing 1999 Class C-SDM license with dance permit and official food permit from Top Spin, Inc. All fees have been paid.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
c. Annual TaxiCab License Renewal, Port City Cab Company & Yellow Cab Company. - CITY CLERK
SUMMARY OF REQUEST: This request is from Thomas Wakefield, owner of Wakefield Leasing, whose office is located at 770 W. Sherman Blvd., Muskegon, MI. Mr. Wakefield 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 of the request.
SUMMARY OF REQUEST: To adopt the ordinance granting a non-exclusive franchise to DTE Energy to use local public ways and do local electrical business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
SUMMARY OF REQUEST: Text contains minor changes suggested by our attorney. Request to amend Article XV of the Zoning Ordinance to create sections 1504 through 1507, to add the language only for a new Waterfront Industrial Planned Unit Development (WI-PUD) Zoning District. Also, to amend Section 2334 (Signs) of Article XXIII to add "#11, Permitted Signs in the WI-PUD District’, and to amend Article II (Definitions) to add definitions related to the new WI-PUD District.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to include the proposed language in the articles and sections described above.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request.
SUMMARY OF REQUEST: Text contains minor changes suggested by our attorney. Request to repeal and reserve Section 2308 (Zero Lot Line) and Section 2310 (Method for Determining Setbacks, Yards and Density) of Article XXIII of the Zoning Ordinance; to amend Table I "District Regulations; Bulk and Setback Requirements" and provide table notes and a preamble and; to add bulk and setback requirements to each zoning district (Articles IV through XX, excepting Article V).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to include the proposed language ion the articles and sections described above.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request.
SUMMARY OF REQUEST: Request to rezone property located at the corner of Laketon Ave. and Park St., from I-2, General Industrial to B-4, General Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request due to compliance with the future land use map and Master Land Use Plan.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request on 3/15/00.
SUMMARY OF REQUEST: Request to rezone property located on Holbrook Ave., between Sixth and Commerce Streets, from I-2, General Industrial to B-2, Convenience and Comparison Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request due to compliance with the future land use map and Master Land Use Plan.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request on 3/15/00.
SUMMARY OF REQUEST: To concur with the action of the Community Relation Committee and approve the appointments.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
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 to Stoneco Muskegon Dock. Award bid to supply road slag to Verplank Trucking Company. Award bid to supply concrete to Consumers Concrete.
FINANCIAL IMPACT: $106,776 based on 1999 usage at 2000 quotes.
BUDGET ACTION REQUIRED: None, monies appropriated in several budgets.
STAFF RECOMMENDATION: To award the various materials to the vendors as requested.
SUMMARY OF REQUEST: This project is to repair a portion of the Public Service Building roof that has deteriorated due to corrosion of the steel deck. Repairs will involve an initial area of known deterioration in the vehicle garage and expand to adjacent areas should additional deterioration be found during construction. The initial area was bid as a base price with unit pricing for additional materials if needed. Bids were taken on March 14, 2000 for this project and the low bid of three submitted was $274,350 from Gale Roofing Co. Our architect, Hooker/DeJong, has reviewed the bid submittals and recommends that we accept the bid from Gale Roofing Co.
FINANCIAL IMPACT: The current budget allocation for roof repair is $319,000.
BUDGET ACTION REQUIRED: None, this project is included under planned capital improvements in the Public Service Building Fund.
STAFF RECOMMENDATION: Award the roof repair contract to Gale Roofing, Co.
SUMMARY OF REQUEST: Later this year it is expected the City will sell bonds to finance sidewalks and improvements at the Public Service Building. Contracts for the work will be let prior to the issuance of bonds so it is necessary to adopt the "reimbursement resolution". This will allow the City to reimburse itself from bond proceeds for project costs incurred prior to the time bonds are sold.
FINANCIAL IMPACT: Adoption will permit the City to move ahead with the planned projects and reimburse itself from proceeds from bonds issued at a later date.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval of the resolution.
SUMMARY OF REQUEST: To approve the Consent Judgement for 603 Catherine as submitted by the City Attorney. This is required before the judgement will be presented to the court for entry.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
Motion by Commissioner Schweifler, second by Commissioner Spataro to approve the Consent Agenda with the exception of item i, o, and p.
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki
Nays: None
ADOPTED
2000-42 ITEMS REMOVED FROM THE CONSENT AGENDA:
i. Purchase of Police Vehicle Radar Units with 1998 Block Grant Money. - POLICE
SUMMARY OF REQUEST: Purchase twenty-five Pro 1000 radar units with video camera interface. This would allow us to install the new model radars in all regularly assigned Patrol, Community, Traffic, and K-9 police vehicles. We would purchase the radars on the State of Michigan/Kustom Signal contract 071B9000672. These prices are good through May 1, 2000. Cost will likely increase after that date. The cost per radar system is $1,044.00. Total cost for twenty-five systems is $26,100.00.
FINANCIAL IMPACT: Expend $26,100.00 of the money awarded under the 1998 Local Law Enforcement Block Grant #98LBVX3225 and local 10% match money.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
Motion by Commissioner Shepherd, second by Vice Mayor Sieradzki to approve the request.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler
Nays: None
ADOPTED
SUMMARY OF REQUEST: City Commission has received the City of Muskegon’s 2000-2001 Action Plan. It is the hope of our department that after the Action Plan is reviewed by the Commission, it will be approved for its 30-day comment period. The Action Plan is the document that assures the release of the City’s 2000-2001 CDBG and HOME funding after it is approved by the US Department of Housing and Urban Development.
Motion by Commissioner Benedict, second by Commissioner Spataro to approve the 2000-2001 action plan with the stipulation that the housing rehab emergency repair program location be changed to city wide.
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
Nays: None
ADOPTED
SUMMARY OF REQUEST: This is to request City Commission Concurrence with the findings of the Housing Board of Appeals that the structures are unsafe, substandard and a public nuisance and that they be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structures and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder.
FINANCIAL IMPACT: Demolition will be paid for with CDBG funds with the exception of 1844 Getty which will be paid with general funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: (323 W. Grand) A dangerous building inspection was conducted on 11/9/99. The owner is Pamela Warren. A notice and order was sent out 12/10/99. Finding of facts was sent out 2/7/00. Property taxes for winter of 1999 are delinquent. Copies of the housing board of appeals finding of facts and order dated 2/7/00; notice and order dated 12/10/99; dangerous building inspection dated 11/9/99 are available.
STAFF RECOMMENDATION: (1844 Getty) A dangerous building inspection was conducted on 11/30/99. The owner is Edward Houghtaling. A notice and order was sent out 1/25/00. Finding of facts was sent out 3/7/00. Property taxes for winter of 1999 are delinquent. Copies of the Housing Board of Appeals finding of fact and order dated 3/7/00; notice and order dated 1/25/00; dangerous building inspection dated 1/24/00 are available.
STAFF RECOMMENDATION: (1479 Jiroch) A dangerous building inspection was conducted on 12/01/99. A notice and order was mailed 1/21/00. The owner of the structure is Roger Balcom. Property taxes for winter of 1999 are delinquent. Copies of the Housing Board of Appeals findings of fact and order of the board dated March 7, 2000; inspection 12/1/99; and minutes from the March 2, 2000, meeting are available.
STAFF RECOMMENDATION: (611 Leonard) A dangerous building inspection was conducted on 1/24/00. A notice and order was mailed 1/27/00. The owner of the structure is William Howell. Property taxes for winter of 1999 are delinquent. Copies of the Housing Board of Appeals findings of fact and order of the board dated March 3, 2000; letter of complaint from neighbors dated March 1, 2000, February 19, 1999, May 20, 1999, October 6, 1999, and November 4, 1999; and the minutes of the March 2, 2000, meeting are available.
STAFF RECOMMENDATION: A dangerous building inspection was conducted October 15, 1999. The owner of the property is Joseph Ferrier. A notice and order was mailed out 11/3/99. At the January 6, 2000, meeting of the Housing Board of Appeals the structure was found to be unsafe, substandard, a public nuisance and that the case be sent to the City Commission for concurrence. The house was previously owned by Shelline White. According to our records, taxes for this property are delinquent in the amount of $842.06.
Motion by Vice Mayor Sieradzki, second by Commissioner Aslakson to accept the recommendation of the Housing Board of Appeals.
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki
Nays: None
ADOPTED
2000-43 NEW BUSINESS:
a. Resolution of Support for the Relocation of the USS Silversides. – PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution supporting the relocation of the USS Silversides to downtown Muskegon.
FINANCIAL IMPACT: There is no direct financial impact, although the Silversides Board has asked the City staff to investigate the potential for relevant grants. They will also be fundraising.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor and City Clerk to sign.
Motion by Vice Mayor Sieradzki, second by Commissioner Shepherd to approve the resolution supporting the relocation of the USS Silversides to downtown Muskegon.
ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro
Nays: None
ADOPTED
b. Approval for the City to sign agreements with Community Housing Development Organizations for funding from 1998-99 fiscal year. – COMMUNITY NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: On February 29, 2000, the Citizen’s District Council approved the City’s administration recommendation for CHDO funding in the following manner:
1. Muskegon County Habitat for Humanity Staff Recommendation: $33,500
Our department is requesting approval of the CDC recommendations and instruction to prepare the subreciepient contracts between the City and the CHDO’s.
Motion by Vice Mayor Sieradzki, second by Commissioner Aslakson to accept the Citizen District Council’s recommendation for CHDO funding for 1998-99 fiscal year.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: None
ADOPTED
c. 2000-2004 Consolidated Plan. – COMMUNITY NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: The City Commission received a copy of the 2000-2004 Consolidated Plan last week. The City of Muskegon is in its final stage of the process since approval of the document for public comment on March 14, 2000. The Consolidated Plan is mandated by the US Department of Housing and Urban Development for all communities that receive Community Development Block Grant/HOME funding and other federal funding through HUD. The last step in this process is for the Commission to approve the document and direct our department to submit the CP to the U.S. Department of Housing and Urban Development for their final approval.
Motion by Commissioner Aslakson, second by Commissioner Spataro to approve the 2000-2004 Consolidated Plan with the understanding that amendments can be made later if necessary.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict
Nays: None
ADOPTED
ANY OTHER BUSINESS:
Vice Mayor Sieradzki asked about the orange stakes in the terrace on Creston Street between Evanston and Apple. City Engineer responded. Commented about the Dilesco Property, the berm adjacent to the street, are they required to do any plantings there? City Manager responded. Stated that North Muskegon is proposing a tattoo parlor ordinance, would like the City to check into an adult entertainment ordinance.
Commissioner Shepherd asked about the memo to the Commission reference goal setting. City Manager responded early May there will be a meeting.
PUBLIC PARTICIPATION:
Pat Montney, 925 Irwin, stated that a barricade is needed on the sidewalk before Summer Celebration.
James Searer, 1375 Fifth, stated the drug problem has not improved on Spring and McLaughlin. Commissioner Spataro recommended contacting the County Prosecutor about "Project Cornerstone".
Mark Anderson, 2140 McCracken, asked about the handicap walkway to Pere Marquette. He offered his help, 40 hours of his time, and challenged any other contractors to do the same.
ADJOURNMENT:
The Regular Commission Meeting was adjourned at 7:13 p.m.
Respectfully submitted,
Gail A. Kundinger, CMC/AAE City Clerk