MINUTES
The
regular Commission Meeting of the City of Muskegon was held at City Hall, 933
Terrace Street, Muskegon, Michigan at 5:30pm, Tuesday, April 10, 2001.
Mayor Fred J. Nielsen opened the meeting
by offering the 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.
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.
2001-36
CONSENT AGENDA:
a. Approval of Minutes. CITY
CLERK
SUMMARY OF
REQUEST: To approve the minutes of the
Regular Commission Meeting that was held on Tuesday, March 27, 2001.
FINANCIAL
IMPACT: None
BUDGET ACTION
REQUIRED: None
STAFF
RECOMMENDATION: Approval of the
minutes.
b. Liquor License Transfer
Request - 1301 E. Apple. CITY
CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommendation on a
request to transfer ownership of the existing 2000 SDM license at 1301 E Apple
Ave. from Gurmett Singh and Jaswinder Singh solely to Jaswinder Singh.
FINANCIAL
IMPACT: None
BUDGET ACTION
REQUIRED: None
STAFF
RECOMMENDATION: All departments
recommend approval.
c. Liquor License Transfer
Request – 1601
Beach. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommendation on a
request to transfer ownership of the existing 2000 Class C-SDM license with
Dance-Entertainment Permit, Official
Permit (food), Outdoor Service (2 areas), and two bars from Marquette, Inc., to
Beach Street Inn, Inc.
FINANCIAL
IMPACT: None
BUDGET ACTION
REQUIRED: None
STAFF
RECOMMENDATION: All departments
recommend approval.
e. Intake
Inspection Project.
WATER FILTRATION
SUMMARY OF REQUEST: To award a contract to Sea Brex Marine, Inc. of Stevensville, MI
to perform a complete inspection of the Water Filtration Plant Intake including
complete penetration of the pipeline.
FINANCIAL
IMPACT: The low bid received is for
$24,000.00. This project is budgeted at 24,000.00.
BUDGET ACTION
REQUIRED: None
STAFF
RECOMMENDATION: Endorse the lowest
responsible bidder, Sea Brex Marine, Inc., and enter into contract for the
inspection of the Water Filtration Plant Intake.
f.
Dumpbox/Underbody
and Tarp System purchase. PUBLIC
WORKS
SUMMARY OF REQUEST: Approval to purchase one Dumpbox, Underbody scraper and Tarp
System for 2001 Plow Truck (installed), from Truck and Trailer Specialists for
$18,258.00
FINANCIAL
IMPACT: Total Cost $18,258.00.
BUDGET ACTION
REQUIRED: None, Total for Truck and
Equipment 64,240.25, $70,000.00 is budgeted.
STAFF
RECOMMENDATION: Approval to purchase
Plow Truck Dump Box, Underbody Scraper and Tarp System from Truck and Trailer
Specialties for $18,258.00.
g. Aggregates Highway
Maintenance Materials and Concrete. PUBLIC WORKS
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 either bidder based on availability.
There are no
bids to supply limestone ship blend to DPW.
We will purchase based on cost and availability.
Award bid to
supply road slag to Verplank Trucking Company.
Award bid to
supply concrete to Consumers Concrete.
High Grade Concrete does have
the lowest bid, but due to extra unloading charges, Consumers will be cheaper.
FINANCIAL
IMPACT: $100,972 based on 2000 usage at
2001 quotes.
BUDGET ACTION
REQUIRED: None, monies appropriated in
several budgets.
STAFF
RECOMMENDATION: To award the various
materials to the vendors as requested.
i.
City
– MDOT Agreement for M-120 Over the
Muskegon River ENGINEERING
SUMMARY OF REQUEST: To approve the contract with Michigan Department of
Transportation to replace the M-120 Structure over the Muskegon River; together
with the necessary related work. And to
approve the resolution authorizing the Mayor and City Clerk to sign the
contract.
FINANCIAL
IMPACT: While this is an MDOT project, we are required to participate at the
rate of 11.25% as stipulated by Act-51 since the project falls within the
City’s limits. The City’s share is
estimated at $98,700 but not more that 11.25% of eligible cost. The total cost of the project is
$4,407,900.00
BUDGET ACTION
REQUIRED: None
STAFF
RECOMMENDATION: To approve the
resolution.
k. Consideration
of Bids, Windsor, Henry to Barclay. ENGINEERING
SUMMARY OF REQUEST: To award the contract for the construction of Windsor, including
the watermain, from Henry to Barclay to Grant Tower since they were the lowest
responsible bidder with a bid price of $257,704.00.
FINANCIAL
IMPACT: The construction cost of
$257,704.00 plus related engineering expenses.
BUDGET
ACTION REQUIRED: None, this project is
in the 2001 budget.
STAFF
RECOMMENDATION: Award the contract to
Grant Tower.
Moved by Commissioner Benedict, seconded
by Vice Mayor Sieradzki to approve the consent agenda as read with the
exception of items d,h,j,l, which were removed.
ROLL VOTE: AYES; Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
Sieradzki, Spataro
NAYS;
None
MOTION
ADOPTED
PRESENTATION: “This
is your City of Muskegon” brochure.
Brenda
Moore, Planning, presented a brochure on the City of Muskegon services and
facts to the Citizens of the Community.
2001-37
ITEMS REMOVED FROM THE CONSENT AGENDA:
d. Sheldon Charter Park. LEISURE SERVICES
SUMMARY OF REQUEST: To accept the Quit Claim Deed from Muskegon Public School and to
name Sheldon Park as a Charter Park.
FINANCIAL
IMPACT: None
BUDGET ACTION
REQUIRED: None
STAFF
RECOMMENDATION: Approval
Moved by Vice Mayor Sieradzki, seconded by
Commissioner Spataro to accept the Quit Claim Deed from Muskegon Public Schools
and to name Sheldon Park as a Charter Park.
ROLL VOTE: AYES; Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
Spataro, Aslakson,
NAYS; None
MOTION
ADOPTED
h. McGraft
Park Caretaker Pay Range. LEISURE SERVICES
SUMMARY OF REQUEST: To create a pay scale for the newly created Building Facility
Caretaker position, which is an upgrade from the McGraft Caretaker position.
FINANCIAL IMPACT: New rate to be Step 2 Pay Scale - $7 to
$8.50/hr. Old rate was $5.50 to $7/hr.
BUDGET ACTION
REQUIRED: None
STAFF
RECOMMENDATION: Approval
Moved by Vice Mayor Sieradzki, seconded by
Commissioner Schweifler to approve the request to create a pay scale for the
newly created Facility Caretaker position.
ROLL VOTE: AYES; Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
Aslakson, Benedict,
NAYS;
None
MOTION ADOPTED
j. Request for an Encroachment Agreement in
the Area of Sherman
and McCracken. ENGINEERING
SUMMARY OF REQUEST: Kaydon Corporation has filed an encroachment agreement form
requesting your approval to install three monitoring Wells within the following
right-of-ways;
1.
McCracken between Sherman and Letarte
2.
Letarte between McCracken and Torrent
3.
Torrent between Letarte and Sherman
This agreement
would permit Kaydon’s representative (Dell Engineering at this time) to sample
underground water.
FINANCIAL
IMPACT: None
BUDGET ACTION
REQUIRED: None
STAFF
RECOMMENDATION: To approve the
encroachment agreement subject to the supplemental conditions and compliance
with the necessary insurance requirements.
Moved by Commissioner Aslakson seconded by Commissioner
Shepherd to approve the encroachment agreement with the Kaydon Corp. to install
3 monitoring wells at 1. McCracken between Sherman and Letarte, 2. Letarte
between McCracken and Torrent, 3. Torrent between Letarte and Sherman.
ROLL VOTE: AYES;
Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
NAYS;
None
MOTION
ADOPTED
l.
MDOT Agreement for Barclay Street, Sherman to Hackley. ENGINEERING
SUMMARY OF
REQUEST: To approve the contract with
Michigan Department of Transportation for the reconstruction of Barclay Street
from Sherman to Hackley and to approve the resolution authorizing the Mayor and
City Clerk to sign the contract.
FINANCIAL
IMPACT: MDOT participation is about
$366,628.00 but not to exceed 81.85% of eligible cost. The estimated total (including engineering)
cost of the project is $600,000.00.
BUDGET ACTION
REQUIRED: None at this time. The City’s share of the cost will come out
of the Major Street Fund as was budgeted.
STAFF
RECOMMENDATION: That the attached
agreement and resolution be approved
Moved by Commissioner Benedict, to set
public hearing in 2 weeks at next commission meeting. No second, therefore
motion failed for lack of support.
Moved by Commissioner Spataro, seconded by
Commissioner Aslakson to approve the MDOT agreement for Barclay, Sherman &
Henry Streets and to authorize the Clerk and Mayor to sign the contract.
ROLL VOTE: AYES; Aslakson, Schweifler, Shepherd, Sieradzki, Spataro,
NAYS;
Benedict, Nielsen,
MOTION ADOPTED
2001-38 PUBLIC
HEARINGS:
a. Continuation of Public
Hearing – Millard Avenue. ENGINEERING
SUMMARY OF REQUEST: To continue the public hearing on the proposed special assessment
of the Millard from Lake Dunes to West
End project, and to create the special assessment district and appoint two
City Commissioners to the Board of Assessors if it is determined to proceed
with the project. Per your instruction
on March 27th, we have revised the design of the proposed road to reflect a width
of 22’ back to back. The property
owners affected by the proposed assessment have been notified and a drawing
showing the revisions was mailed.
Furthermore, it
is respectfully requested that if the district is created to award the contract
to Jackson Merkey who was the lowest responsible bidder with a bid price of
$129,888.70.
FINANCIAL
IMPACT: Construction cost plus related
engineering cost.
BUDGET ACTION
REQUIRED: None
STAFF
RECOMMENDATION: To create the special
assessment district and assign two City Commissioners to the Board of Assessors by adopting the resolution.
The Public
Hearing opened at 6:23pm to hear and consider any comments from the
public. City Engineer, Mohammed
Al-Shatel, explained the item. Comments
were heard from Ronald Pesch, 3351 Millard; Susan Line, 3340 Millard. Both
Citizens were opposed.
Moved by Vice Mayor Sieradzki, seconded by
Commissioner Spataro to close the public hearing at 6:33pm and to create a
special assessment district and appoint two Commissioners to the Board of
Assessors.
ROLL VOTE: AYES; None
NAYS;
Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
MOTION
FAILED
COMMUNICATIONS:
CITY MANAGER’S REPORT:
2001-39
UNFINISHED BUSINESS:
a. SECOND READING: Rezoning Request for property at 2572
McCracken. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 2572 McCracken St. (between
Sherman Blvd. And Letarte Ave.) from R-1, Single-Family Residential and B-1,
Limited Business to entirely B-2, Convenience and Comparison Business, or to
entirely B-1, Limited Business.
FINANCIAL
IMPACT: None
BUDGET ACTION
REQUIRED: None
STAFF
RECOMMENDATION: Staff recommends
rezoning the entire parcel to B-1, due to compliance with the future land use
map and Master Land Use Plan, and to make the zoning consistent for the entire
parcel.
COMMITTEE
RECOMMENDATION: The Planning Commission
recommended rezoning the entire parcel to B-1 at their 3/15/2001 meeting. The vote was unanimous.
Moved by Commissioner Spataro, seconded by
Commissioner Aslakson to adopt ordinance to rezone the entire parcel to B-1.
ROLL VOTE: AYES; Schweifler, Shepherd, Spataro, Aslakson,
NAYS;
Nielsen, Sieradzki, Benedict,
MOTION
ADOPTED
2001-40
NEW BUSINESS:
a. Tall Ships Festival
Request. LEISURE
SERVICES
SUMMARY OF REQUEST: To waive all City service fees in conjunction with the Tall Ships
event at Heritage Landing in August.
FINANCIAL
IMPACT: Estimated at $20,000.00.
BUDGET ACTION
REQUIRED: None
STAFF
RECOMMENDATION: Approval
COMMITTEE
RECOMMENDATION: Leisure Services
Board recommends approval.
Moved by Vice Mayor Sieradzki, seconded by
Commissioner Schweifler to waive the City service fees for the Tall Ships
event.
ROLL VOTE: AYES; Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
Benedict, Nielsen,
NAYS;
None
MOTION
ADOPTED
b. Transmittal of 2000
Comprehensive Annual Financial Report. FINANCE
SUMMARY OF REQUEST: The City’s 2000
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 2000 and includes the
independent auditor's unqualified opinion on the City's financial statements.
BUDGET ACTION
REQUIRED: None
STAFF
RECOMMENDATION: Acceptance of the 2000
CAFR.
Moved by Commissioner Spataro, seconded by
Commissioner Schweifler to accept the 2000 Comprehensive
Annual Financial Report as written..
ROLL VOTE: AYES; Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
Schweifler,
NAYS;
None
MOTION
ADOPTED
c. Approving Cutting Edge
Construction as one of the three contractors for the City’s Vinyl Siding
Program.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve for Community and Neighborhood Services to add Cutting
Edge Construction of Muskegon as one of the City’s contractors to install
siding through its housing rehabilitation program.
FINANCIAL
IMPACT: The contract with Cutting Edge
will be the same as with the other two contractors $75.00 a square and will be
taken from CDBG budget.
BUDGET ACTION
REQUIRED: None required
STAFF
RECOMMENDATION: To approve CNS request.
Moved by Commissioner Benedict, seconded
by Commissioner Spataro to approve the addition of Cutting Edge as one of the
City's contractors to install siding through its housing rehabilitation
program.
ROLL VOTE: AYES; Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Shepherd,
(Schweifler, out of the room)
NAYS;
None
MOTION
ADOPTED
d. High Service Pump #2
Rebuild. WATER
FILTRATION
SUMMARY OF REQUEST: To rebuild High Service Pump #2 (12 million gallon per day) prior
to the summer season peak water demand.
FINANCIAL
IMPACT: Cost of the pump rebuild is
$20,100.00.
BUDGET ACTION
REQUIRED: This is an unplanned expense
and will require an internal budget transfer from another line item.
STAFF
RECOMMENDATION: To endorse
Peerless-Midwest, Inc. as the contractor to rebuild high service pump #2 at a
cost of $20,100.00.
Moved by Commissioner Benedict, seconded
by Commissioner Aslakson to approve the rebuild of pump #2 by Peerless-Midwest
at a cost of $20,100.00.
ROLL VOTE: AYES; Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
Sieradzki
NAYS;
None
MOTION
ADOPTED
e. Concurrence with the
Housing Board of Appeals Notice and Order to Demolish the following:
SUMMARY OF
REQUEST: This is to request that the
City Commission concur with the findings of the Housing Board of Appeals that
the structures listed below are unsafe, substandard, 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 demolitions of these structures and that the Mayor and the City Clerk
be authorized and directed to execute contracts for demolition with the lowest
responsible bidders.
FINANCIAL
IMPACT: CDBG
BUDGET ACTION
REQUIRED: None
STAFF
RECOMMENDATION: Concur with Housing
Board of Appeals to demolish.
Moved by Commissioner Aslakson, seconded by Commissioner
Shepherd to concur with Housing Board of Appeals decision to demolish the
structure at 1712 Pine St.
ROLL VOTE: AYES; Aslakson, Nielsen, Schweifler, Shepherd, Spataro,
NAYS;
Benedict, Sieradzki,
MOTION
ADOPTED
Moved by Commissioner Aslakson, seconded
by Commissioner Shepherd to concur with Housing Board of Appeals decision to
demolish the following structures at 1750
Pine (Garage Only), 247 Amity, 462 White.
ROLL VOTE: AYES; Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
Spataro, Aslakson,
NAYS;
None
MOTION
ADOPTED
Moved by Commissioner Benedict, seconded
by Commissioner Shepherd to postpone decision on the demolition of 15 E Muskegon Ave. until the next meeting
in 2 weeks.
ROLL VOTE: AYES; Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
Aslakson, Benedict,
NAYS;
None
MOTION
ADOPTED
Moved by Commissioner Shepherd, seconded
by Commissioner Spataro to concur with Housing Board of Appeals decision to
demolish the structure at 273
Merrill.
ROLL VOTE: AYES; Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
Benedict, Nielsen,
NAYS;
None
MOTION
ADOPTED
Moved by Commissioner Spataro, seconded by
Commissioner Shepherd to concur with Housing Board of Appeals decision to
demolish house and garage at 1309 Sixth
St.
ROLL VOTE: AYES; Shepherd, Spataro, Aslakson, Nielsen, Schweifler,
NAYS;
Sieradzki, Benedict,
MOTION
ADOPTED
2001-41
ANY OTHER BUSINESS:
a. Notification Process
for Special Assessments,
(Commissioner Benedict)
Moved by Commissioner Spataro to refer to
staff for a report on the potential expense of mailing options. No support, therefore, motion withdrawn.
Moved by Commissioner Aslakson, seconded
by Commissioner Benedict to refer to staff to study costs to convert the
Special Assessment mailings to certified mail, return receipt requested and
report back to Commission in two weeks.
ROLL VOTE: AYES; Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
Schweifler, Shepherd,
NAYS;
None
MOTION
ADOPTED
b. Investigation into
Price of Gasoline in West Michigan, (Mayor Nielsen)
Moved by Commissioner Aslakson, seconded by Commissioner
Spataro to request that staff draft a resolution to send to the County in
support of their investigation of the gasoline prices.
ROLL VOTE: AYES; Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
Sieradzki, Spataro,
NAYS;
None
MOTION
ADOPTED
2001-42
PUBLIC PARTICIPATION:
Various comments
were heard from the general public.
2001-43
CLOSED SESSION: To
discuss Pending Litigation.
Moved by Commissioner Aslakson, seconded
by Commissioner Schweifler to go to closed session at 8:52pm.
ROLL VOTE: AYES; Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
Spataro, Aslakson,
NAYS;
None
MOTION
ADOPTED
Moved by Commissioner Aslakson, seconded
by Commissioner Spataro to return from
closed session at 9:22pm.
ROLL VOTE: AYES; Nielsen, Schweifler, Shepherd, Spataro, Aslakson, Benedict,
NAYS;
None
MOTION
ADOPTED
Moved by Commissioner Aslakson, seconded
by Commissioner Spataro to release the retainer and allow Michigan Municipal
Risk Management Authority to settle.
ROLL VOTE: AYES; Schweifler, Shepherd, Spataro, Aslakson, Benedict, Nielsen,
(Vice Mayor Sieradzki absent)
NAYS;
None
EXCUSED; Sieradzki
MOTION
ADOPTED
ADJOURNMENT:
The Regular
Commission Meeting for the City of Muskegon was adjourned at 9:23pm.
Respectfully
submitted;
Gail
Kundinger, CMC/AAE
City
Clerk
GK/da