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 25, 2000.

Mayor Nielsen opened the meeting and gave the opening prayer after which members of the City Commission and the members of the public joined in reciting the Pledge of Allegiance to the Flag.

44. HONORS AND AWARDS:

1. Tree City USA Presentation.

SUMMARY OF REQUEST: Recognition of the City of Muskegon as a "Tree City USA". The City will be presented with a plaque and flag commemorating the designation. The downtown "Warm Lights, Cold Nights" Committee will also kickoff a Downtown Muskegon Tree Project. The Committee, in conjunction with the Muskegon Area Chamber of Commerce and the Westwood Group, will raise money to purchase trees for the downtown business district.

FINANCIAL IMPACT: Cost of staff and equipment to plant trees downtown.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: None

Larry DeCou, Forestry/Cemetery Department presented the plaque and flag to Mayor Nielsen.

44. CONSENT AGENDA: Items listed under the Consent Agenda have been considered to be routine in nature and will be enacted in one motion. No separate discussion will be held on these items. If discussion of an item is required, it will be removed from the Consent Agenda and be considered separately.

2. Approval of Minutes

CITY CLERK

SUMMARY OF REQUEST: To approve the minutes of the Special Commission Meeting that was held on Tuesday, April 4, 2000; the City Commission Worksession that was held on Monday, April 10, 2000; and the Regular Commission Meeting that was held on Tuesday, April 11, 2000.

FINANCIAL IMPACT: None

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Approval of the minutes.

3. Vacation of the West Half only of Park Place.

SUMMARY OF REQUEST: Request for vacation of the west half only (west of the w. property line of lot 21), of Park Place, off of Edgewater Street.

FINANCIAL IMPACT: None

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Staff recommends vacation of the west half only of Park Place, with the condition that all City easement rights be retained. The Planning commission recommended vacation of the west half only of Park Place with the condition that all City easement rights be retained.

1. Transmittal of 1999 Comprehensive Annual Financial Report.

FINANCE

SUMMARY OF REQUEST: The City’s 1999 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. Should the Commission wish to do so, staff and the independent 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 1999 and includes the independent auditor’s unqualified opinion on the City’s financial statements.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Acceptance of the 1999 CAFR.

3. Consent to Demolish the Structures at 1974 Park.

NEIGHBORHOOD AND CONSTRUCTION SERVICES

SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structure located at 1974 Park is unsafe, substandard and a public nuisance and that it be demolished within thirty (30) days. It is further requested that the 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 CDBG funds.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: A dangerous building inspection was conducted on 9/30/99; the owner of the property is Derrick Brown. A notice and order was mailed and posted on 10/6/99. The Findings of Facts was mailed and posted on 1/11/00. The owner attended the Board meeting on 1/6/00. There has been no contact with the owner since then. Attached are copies of the dangerous building inspection, notice and order, the boards findings and order and the minutes from the Boards meeting on 1/6/00. The estimated cost for repair is $18,000.00.

4. Sale of Two Vacant Lots on Wesley and Ducey Streets (In-Fill).

SUMMARY OF REQUEST: To approve the sale of the lots described as map number 24-31-21-279-017 (Wesley) to James Spann for the construction of a 1,400 square foot, 3 bedroom home, with two-stall garage and map numbers 24-31-21-251-028 &029 (Ducey) to Zina Knight for construction of the same style house. The lot size for the Wesley site is 83 feet x 140 feet and the lot size for the Ducey site is 112.70 feet x 132 feet. Approval of this sale is consistent with the Commission’s consent to implement the Infill Program in Marquette Neighborhood. Each sale will generate $3,500 for a total of $7,000.

FINANCIAL IMPACT: The sale of the property will allow the City to collect taxes on the new homes and relieve the City of continued maintenance costs.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Staff recommends approval of the sale, as well as, authorization for both the Mayor and the Clerk to sign the resolution and deed.

1. Agreement for Placement of Bus Benches.

SUMMARY OF REQUEST: A recent review disclosed that the City’s encroachment agreement with PERMA Advertising for placement of "bus benches" throughout the City had expired in 1998. The original agreement called for complete removal of the benches when the agreement expired. Current staff, however, believes that the benches provide a useful public service in addition to generating minor revenue for the City’s General Fund. Accordingly, a new agreement was negotiated and is presented here for your consideration. The new agreement calls for continuation of the $5.00 per month fee for each bench and, additionally, provides for PERMA to provide three benches for the City’s own public advertising use.

FINANCIAL IMPACT: The encroachment agreement generates revenue to the City of $2,300 per year. Additionally, the agreement provides for three advertising benches be made available to the City for its use. The value of this service is $1,095 per year.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Approval of the proposed "Agreement for Encroachment and Placement of Public Benches."

SUMMARY OF REQUEST: To approve the sale of the lot described as map number 24-31-21-203-015 (Wesley) to Bantam Group for the construction of a single-family home with 1,500 square feet of living space. The lot is 165 feet x 132 feet. The appraised value of the land is $6,500 and Bantam submitted the only bid of $6,515.

FINANCIAL IMPACT: The sale of the property will allow the City to collect taxes on the new home and relieve the City of continued maintenance costs.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Staff recommends approval of the sale, as well as, authorization for both the Mayor and the Clerk to sign the resolution and deed. The Land Reutilization Committee recommended approval of this sale at their March 21 meeting.

1. Soil Removal, Stripping and Dumping Permit Application Muskegon Catholic Central Soccer Field Expansion.

SUMMARY OF REQUEST: Randers, Architects and Engineers are under contract with Muskegon Catholic Central High School to expand the soccer field west of the stadium at Muskegon Catholic Central. Randers has applied for a Soil Removal, Stripping, and Dumping Permit.

FINANCIAL IMPACT: None

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Recommend approval of the soil Removal, Stripping and Disposal Permit to Randers, Architects and Engineers, Inc.

The Public Hearing opened at 6:00 PM to hear and consider any comments the public may have. Mohammed Al-Shatel gave an overview of the item. Bruce Bordon of Randers, Architects and Engineers, Inc. was in favor of the project.

1. Sale of City-owned Property Adjacent to 2396 Greenwood.

SUMMARY OF REQUEST: To approve the sale of a city-owned lot adjacent to 2396 Greenwood to John and Cathy Trombley.

FINANCIAL IMPACT: The City will receive the proceeds of the sale of this property in the amount of $2,500.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: To approve the sale of the property to the Trombleys.

1. Zoning Ordinance Amendment of "Greenbelts and Walls" section.

PLANNING & ECONOMIC DEVELOPMENT

SUMMARY OF REQUEST: Request to amend Article XXIII (General Provisions) of the Zoning Ordinance to repeal and reserve Section 2313 "Yard Fences", Section 2314 "Corner Clearance", Section 2315, "Outdoor Storage", Section 2319 "Outdoor Lighting", and Section 2333 "Plant Materials and Landscaping". Also, to amend Section 2331 "Greenbelts and Walls".

FINANCIAL IMPACT: None

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to repeal, and reserve the proposed sections and to amend the language in the section described above. The Planning Commission recommended approval of the request at their 4/12/00 meeting.

Motion by Commissioner Spataro, second by Commissioner Shepherd to amend Article XXIII of the Zoning Ordinance to repeal and reserve Section 2313 "Yard Fences", Section 2314 "Corner Clearance", Section 2315, "Outdoor Storage", Section 2319 "Outdoor Lighting", and Section 2333 "Plant Materials and Landscaping and to amend Section 2331 "Greenbelts and Walls".

ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler

Nays: None

ADOPTED

2. Family Investment Center Tax Returns.

CITY MANAGER

SUMMARY OF REQUEST: To authorize the payment of CPA expenses to BDO Seidman for the preparation of tax returns for the Family Investment Center Corporation and Partnership. The returns must be prepared and filed for the Housing Commission separation to proceed. Proposals from two CPA firms were solicited and are available for review and consideration.

FINANCIAL IMPACT: Approximately $6,000.

BUDGET ACTION REQUIRED: to authorize this payment out of the Contingency budget of the General Fund.

STAFF RECOMMENDATION: to approve the request contingent upon the repayment of this expense by the Housing Commission at the separation closing. The trustees of the Corporation have selected BDO Seidman to prepare the tax forms.

Motion by Commissioner Aslakson, second by Commissioner Spataro to approve the payment of CPA expenses to BDO Seidman for the preparation of tax returns for the Family Investment Center Corporation and Partnership.

Motion by Commissioner Benedict, second by Commissioner Shepherd to allow Mr. Arthur to address the Commission for an unlimited time.

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

Nays: Spataro

ADOPTED

Motion by Commissioner Benedict, second by Commissioner Shepherd to table this item until the next regular meeting.

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

Nays: Schweifler, Spataro

TABLED

3. Vacation of Marsh Street.

PLANNING & ECONOMIC DEVELOPMENT

SUMMARY OF REQUEST: Request for vacation of Marsh Street, between Walton and Myrtle Streets.

FINANCIAL IMPACT: None

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Staff recommends vacation of Marsh St., with the condition that all City easement rights be retained. The Planning Commission recommended denial of the vacation of Marsh St. at their meeting on 4/12/00.

Motion by Commissioner Schweifler, second by Commissioner Aslakson to deny the request for vacation of Marsh Street, between Walton and Myrtle Streets.

Motion by Commissioner Spataro, second by Commissioner Benedict to table this item until the next regular meeting.

ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict

Nays: None

TABLED

4. First Quarter 2000 Budget Reforecast.

SUMMARY OF REQUEST: At this time, staff is transmitting the First Quarter 2000 Budget Reforecast which outlines several proposed changes to the original budget that have come about as result of changes in policy priorities, labor contracts, updated information, or other factors. For the next meeting, an action item will be placed on the agenda for adoption of the proposed first quarter budget reforecast together with any additional changes deemed necessary by Commissioners.

FINANCIAL IMPACT: The first quarter 2000 Budget Reforecast reflects the following changes for the General Fund budget:

• Revenues are $127,887 higher than originally budgeted due primarily to additional revenues to be received from the CATV audit, recalculation of the City’s indirect cost charges to other funds, and additional CDBG reimbursements to be received for costs associated with mowing City lots.
• Expenditures are $111,783 less than originally budgeted due to budget adjustments reviewed previously with the City Commission including reductions in General fund capital outlays and a reduction in the General fund transfer to the street funds.
• Overall the projected year-end 2000-fund balance is $88,366 short of the targeted balance of 10% of prior year expenditures.

1. Concurrence with the Housing Board of Appeals Findings of fact and order for the following:

1. 84-86 Monroe
2. 151 Southern
3. 1589 Park
4. 573 Orchard

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 the 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: (84-86 Monroe) The cost of the demolition will be paid with budgeted CDBG funds.

BUDGET ACTION REQUIRED: (84-86 Monroe) None

STAFF RECOMMENDATION: (84-86 Monroe) A dangerous building inspection was conducted on 6/10/99. A Notice and Order was mailed and posted 6/11/99. The owner of the structure is Joseph Briggs. A building permit was issued 8/4/99. Numerous complaints and concerns from the neighbors have been made. An inspection of the property on 3/15/00 revealed that repairs were not complete and that several significant violations still exist. As a result, the Commission is being asked to concur with the findings of the Housing Board of Appeals and order the demolition of the structure.

Property taxes for 1999 are delinquent.

Attached are copies of the boards finding of fact and order dated 3/2/00; letter of complaint from neighbors dated 3/1/00, 2/99, 5/99, 10/99, 11/99, and the minutes of the 3/2/00 meeting of the Board.

Estimated cost for repairs is $17,500.00.

FINANCIAL IMPACT: (151 Southern) The cost of the demolition will be paid for with budgeted CDBG funds.

BUDGET ACTION REQUIRED: (151 Southern) None

STAFF RECOMMENDATION: (151 Southern) A dangerous building inspection was conducted on 10/8/99. The owner is Ed Houghtaling. The order to repair did not result in any improvements to the structure nor any contact from the owner; therefore the case was referred to the Housing Board of Appeals on 1/6/00. Mr. Houghtaling appeared at the meeting and asked what he had to do. He was concerned with the foundation. The Board declared the structure to be unsafe, substandard and a public nuisance and forwarded to the City Commission for concurrence. There has been no contact with Mr. Houghtaling since the 1/6/00 Board meeting and there has been no improvements made to the structure.

Attached are copies of the dangerous building inspection dated 10/8/00, housing inspection report conducted on 2/7/00, Boards findings of fact and order dated 1/22/00, and a copy of the minutes from the 1/6/00 Board meeting.

The estimated cost for repair is $30,000.00.

FINANCIAL IMPACT: (1589 Park) The cost of the demolition will be paid with budgeted CDBG funds.

BUDGET ACTION REQUIRED: (1589 Park) None

STAFF RECOMMENDATION: (1589 Park) The owner of the property is Neil Hansen. A dangerous building inspection was conducted on 10/1/99. A Notice and Order to Repair or demolish the structures was mailed and posted on 10/6/99.

The subject property went before the Board at it’s 1/6/00 meeting where it was declared to be substandard, unsafe, and a public nuisance.

Attached are copies of the Boards finding of facts & order dated 1/11/00, the minutes of the 1/6/00 meeting and the dangerous building inspection report dated 10/1/99.

Estimated cost for repair is $25,000.00.

FINANCIAL IMPACT: (573 Orchard) The cost of the demolition will be paid with budgeted CDBG funds.

BUDGET ACTION REQUIRED: (573 Orchard) None

STAFF RECOMMENDATION: (573 Orchard) A dangerous building inspection was conducted in January of 1999 following a referral from the fire department. The order to repair did not result in any improvements to the structure nor any contact from the owner; therefore, the case was referred to the Housing Board of Appeals on 4/1/99. No one appeared at the meeting to contest the department’s recommendation that the structure be demolished and there was no application for a building permit. This case was pulled from the City Commission Meeting Agenda from 5/25/99 because the owner (Chong Thomas) had obtained a Building permit on 5/21/99. On June 8 a letter was sent to Ms. Thomas asking for payment on the permit because the checks he wrote to the treasurers office had bounced due to the account being closed . A request for an Electrical Permit was obtained on 9/8/99 and was denied due to a number of violations that were currently uncorrected at the property. The Building permit that was issued on 5/21/00 was also revoked due to no inspection being scheduled. In December of 1999 a letter was sent to the owner informing him/her that the Housing Board of Appeals tabled this case until the February 4, 2000 meeting in order to allow time for an inspection. At the February 4 meeting of the Housing Board of Appeals, the property was declared substandard and a public nuisance.

Attached are copies of the minutes of the 4/1/99 meeting of the Housing Board of Appeals, the finding of facts and order of the Board dated 4/5/99 and the findings from the 1/22/99 inspection of the property, letter regarding bounced check dated 6/8/99, Letter regarding denial of request for electrical permit dated 9/8/99, letter regarding case being tabled until HBA’s 2/4/00 meeting, 1/25/00 Notice of Hearing for 2/4/00, finding of facts and order of the Board dated 2/7/00 and finally a copy of the minutes of the 2/3/00 meeting of the Housing Board of Appeals.

The estimated cost for repairs is $7,500.00.

1. Vegetation Ordinance Amendment.

SUMMARY OF REQUEST: Adopt amendments to section II of the Noxious Weed and Vegetation Ordinance changing notice requirements and lowering the height limit for noxious vegetation. The primary objective is more timely maintenance of property and to prevent excessive monitoring of properties.

FINANCIAL IMPACT: Savings in staff in mailing obligations.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Adopt amendments to the vegetation ordinance and adopt the grass mowing notification policy.