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 24, 2001.

      Mayor Fred J. Nielsen opened the meeting by introducing Dr. M.J. Bender, of Conquering Faith Fellowship, who offered 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.

2001-44     CONSENT AGENDA:

a.   Approval of Minutes.  CITY CLERK

SUMMARY OF REQUEST:  To approve the minutes of the Commission Worksession that was held on Monday, April 9, 2001 and the Regular Commission Meeting that was held on Tuesday, April 10, 2001.

FINANCIAL  IMPACT:  None

BUDGET ACTION REQUIRED:  None

STAFF RECOMMENDATION:  Approval of the minutes.

b.     Annual Taxicab License Renewal.  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 20 taxicabs for both Port City Cab and Yellow Cab Company.  He has 16 taxicabs at this time and plans on adding 4 more.  The Muskegon Police Department has inspected  16 of the taxicabs and approves this request. Staff recommends approval of the 16 taxicabs.

FINANCIAL  IMPACT:  None

BUDGET ACTION REQUIRED:  None

STAFF RECOMMENDATION:  Approval of 16 taxicabs.

c.     Purchase of 2026 Waalkes Street (Seaway Industrial Park)  PLANNING & ECONOMIC DEVELOPMENT

SUMMARY OF REQUEST:  To purchase property located at 2026 Waalkes Street pursuant to the City of Muskegon goal of creating the Seaway Industrial Park.  This request is pursuant to a purchase agreement signed by Henry Herbst, 4127 Deerrun,  Muskegon, Michigan on April 13, 2001.  The purchase price is $43,000.00.

FINANCIAL  IMPACT:  State of Michigan Urban Land Assembly or U.S. EDA funds will be used to purchase this property.

BUDGET ACTION REQUIRED:  None

STAFF RECOMMENDATION:  To grant approval of the resolution consenting to the purchase of 2026 Waalkes for the development of the Seaway Industrial Park.

d.     Sale of Buildable Vacant Lots on Erickson Street.  PLANNING & ECONOMIC DEVELOPMENT

SUMMARY OF REQUEST:  To approve the sale of the four (4) vacant buildable lots on Erickson Street (designated as parcel numbers 24-205-141-0012-10, 24-205-141-0012-00, 24-205-141-0013-10, and 24-205-141-113-00) described as Lots 12 & 13, Block 141, Revised Plat of 1903 to Douglas and Jeanette Moore, of 1232 Chestnut Street, Muskegon, MI.  The combination of the four buildable lots results in a lot that is 132 X 132 feet.  The lot is being offered to Mr. and Mrs. Moore for $3,500.00.  They plan to use the land for the construction of a 1,366 sq. ft. single-family home with a two stall attached garage.  The Moore’s are participants in the City’s Infill Program.  The price of the lot is set through Jackson Hill Marketing Plan at $3,500.00 and the Moore’s submitted the only bid of $3,500.00.

FINANCIAL  IMPACT:  The sale of this lot for construction of a new home will generate additional tax revenue for the City and will place the property back on the tax rolls thus relieving the City of continued maintenance costs.

BUDGET ACTION REQUIRED:  None

STAFF RECOMMENDATION:  To approve the resolution and to authorize both the Mayor and City Clerk to sign said resolution.

COMMITTEE RECOMMENDATION:  The LRC recommended approval at their March 20, 2001 meeting of these four lots for the construction of one single family home through the city’s In-Fill Program.

e.     Approve the City of Muskegon 2001 Action Plan.  COMMUNITY AND NEIGHBORHOOD SERVICES

SUMMARY OF REQUEST:  To approve the 2001 Community Development/HOME Action Plan for the 2001-2002 fiscal year.  It is further requested that the Commission authorize the Mayor and City Clerk to sign the 2001-2002 Action Plan, so the Community and Neighborhood Services can request the U.S. Department of Housing and Urban Development to release the 2001-2002 City of Muskegon CDBG/HOME Funding.

FINANCIAL  IMPACT:  The total CDBG/HOME funding is approximately $1.8 million dollars.

BUDGET ACTION REQUIRED:  None

STAFF RECOMMENDATION:  To approve both items.

h.      City – MDOT Agreement for: Laketon Avenue, Wood to Peck.  ENGINEERING

SUMMARY OF REQUEST: To approve the contract with Michigan Department of Transportation for the Milling & Resurfacing as well as the construction of a left turn lane on Laketon Ave. from Wood to Peck and to approve the resolution authorizing the Mayor and City Clerk to sign the contract.

FINANCIAL  IMPACT:  Michigan Department of Transportation participation is about $150,000.  The estimated total cost of the project is $350,000.

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 agreement and resolution be approved.

i.        Purchase of Computer Equipment.  POLICE

SUMMARY OF REQUEST: Police Department staff request that the Commission approve the use of FY 2001 Weed and Seed grant money to purchase new computer hardware and supporting software for the narcotics team.  The current hardware ranges in age from 4-6 years.  This request includes an upgrade that will allow easy access to our county-wide records system, photo retrieval and reproduction and instant access to the Law Enforcement Information Network.

FINANCIAL  IMPACT:  No impact on general fund monies.

BUDGET ACTION REQUIRED:  $16,886.31 in grant money to be utilized for this purchase.  Dell submitted the low bid.

STAFF RECOMMENDATION:  In order to increase the efficiency of the narcotics unit, staff recommends that the Commission authorize the purchase of the computer system.

Moved by Commissioner Schweifler, seconded by Commissioner Spataro to approve the consent agenda as read with the exception of items f,g, which were removed.

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

                        NAYS: None

MOTION ADOPTED

2001-45     ITEMS REMOVED FROM CONSENT AGENDA:

f.         Consideration of Bids – Houston, Sanford to First.  ENGINEERING

SUMMARY OF REQUEST:  To award the contract for the construction of Houston between Sanford and First to Felco Contractors since they were the lowest responsible bidder with a bid price of $98,088.25.

FINANCIAL  IMPACT:  The construction cost of $98,088.25 plus related engineering expenses.

BUDGET ACTION REQUIRED:  None, this project will be funded from the money that was budgeted for Division Street.

STAFF RECOMMENDATION:  Award the contract to Felco Contractors.

Moved by  Vice Mayor Sieradzki, seconded by Commissioner Aslakson to award the contract for construction of Houston between Sanford and First to Felco Contractors.

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

                        NAYS:  None

MOTION ADOPTED

g.      City – MDOT Agreement for: Sherman Blvd, Glenside to Lincoln.  ENGINEERING

SUMMARY OF REQUEST: To approve the contract with Michigan Department of Transportation for the Milling & Resurfacing of Sherman Blvd. From Glenside to Lincoln and to approve the resolution authorizing the Mayor and City Clerk to sign the contract.

FINANCIAL  IMPACT:  Michigan Department of Transportation participation is about $560,000 but not to exceed 81.85% of eligible cost.  The estimated total cost of the project including engineering and water services which are not a participating cost is $850,000.

BUDGET ACTION REQUIRED:  None at this time.  The City’s share of the cost will come out of the Major Street and Water Fund as was budgeted.

STAFF RECOMMENDATION:  That the agreement and resolution be approved.

Moved by Commissioner Aslakson, seconded by Commissioner Spataro to approve the contract with MDOT for Milling and Resurfacing of Sherman Blvd. From Glenside to Lincoln.

ROLL VOTE:   AYES:  Aslakson, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro

                        NAYS: Benedict,

 MOTION ADOPTED

PUBLIC HEARINGS:  None

COMMUNICATIONS:    None

2001-46      CITY MANAGER’S REPORT:

a.     Report on Special Assessment Notification.

Discussion was held on Special Assessment Notification. No action was taken at this time.

2001-47      UNFINISHED BUSINESS:

a.     Concurrence with Housing Board of Appeals Notice & Order  to demolish 15 E. Muskegon  INSPECTIONS  (From April 10 meeting)

(Staff requests that this item be delayed until the next regular meeting unless items are worked out with the property owner prior to that date (then it will not need to be on the agenda).

SUMMARY OF REQUEST:  This is to request that the City Commission concur with the findings of the Housing Board of Appeals that the structure located at 15 E. Muskegon, Muskegon MI is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) 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.

Item postponed until the May 8th meeting.

Moved by Commissioner Benedict, seconded by Commissioner Schweifler to postpone this item until the May 8th meeting of the Regular Commission.

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

                        NAYS:  None

MOTION ADOPTED

2001-48     NEW BUSINESS:

a.     First Quarter 2001 Budget Reforecast.  FINANCE

SUMMARY OF REQUEST:  At this time staff is transmitting the First Quarter 2001 Budget Reforecast which outlines proposed changes to the original budget that have come about as a 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 2001 Budget Reforecast reflects only very minor changes.  The primary adjustments are in the area of capital improvements.  We’re pleased to report that two major budgetary challenges (2000 census and healthcare costs) have been surmounted with no real damage to the budget.

BUDGET ACTION REQUIRED:  Self-explanatory

STAFF RECOMMENDATION:  The City Commission should review the Reforecast to ensure it reflects their policy initiatives.  At the next City Commission meeting, staff will request formal approval of the Reforecast and related budget amendments.

No vote necessary at this time.

b.     Street Vacation, Watson Avenue, east of Nelson.  PLANNING

SUMMARY OF REQUEST:  Request for vacation of Watson Ave., east of Nelson St.

FINANCIAL  IMPACT:  None

BUDGET ACTION REQUIRED:  None

STAFF RECOMMENDATION:  The Planning Commission recommended approval of the alley vacation at their April 12th meeting.  The vote was unanimous.

Moved by Commissioner Schweifler, seconded by Commissioner Spataro to approve the vacation of Watson Ave, east of Nelson Street.

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

                        NAYS:  None

MOTION ADOPTED

c.     Alley Vacation, bounded by Beach, Nelson, Rodgers and Lake.  PLANNING

SUMMARY OF REQUEST:  Request for vacation of both the north/south and the east/west alleys in Block 753 (bounded by Beach St., Nelson St., Rodgers Ave., and Lake Ave.).

FINANCIAL  IMPACT:  None

BUDGET ACTION REQUIRED:  None

STAFF RECOMMENDATION:  The Planning Commission recommended approval of the alley vacation at their April 12th meeting.  The vote was unanimous.

Moved by Commissioner Schweifler, seconded by Commissioner Aslakson to approve the vacation of both the north/south and east/west alleys in Block 753.

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

                        NAYS:  None

MOTION ADOPTED

d.     Muskegon County Gasoline Prices.  CITY MANAGER

SUMMARY OF REQUEST:  To approve a resolution to support Muskegon County’s investigation into why gasoline prices are more expensive than those of area counties.

FINANCIAL  IMPACT:  Reduction in gasoline prices could save the City significant money.

BUDGET ACTION REQUIRED:  None

STAFF RECOMMENDATION:  To approve the resolution.

COMMITTEE RECOMMENDATION:  This resolution was requested by the City Commission at their meeting of April 10, 2001.

Moved by Commissioner Shepherd, seconded by Commissioner Aslakson to approve the resolution to support Muskegon County in their investigation into the gasoline prices.

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

                        NAYS:  None

MOTION ADOPTED

e.     Condemnation of Land for Lakeshore Bike Path (Waterfront Centre property).  PLANNING & ECONOMIC DEVELOPMENT

SUMMARY OF REQUEST:  Approval of resolution to initiate eminent domain (condemnation) proceedings against Fifth/Third Bank for a parcel of land required for the construction of the Lakeshore Trail.  Fifth/Third has been offered $22,000.00 for the subject property, which was based upon an independent appraisal.  The condemnation would constitute a “partial take” of the property, amounting to approximately 15,000 square feet.  No response to this offer has been received from Fifth/Third Bank.

FINANCIAL  IMPACT:  $22,000.00 plus any jury verdict in excess of this amount, plus litigation costs.  The funds will come from the proceeds of the sale of the Chase Hammond Golf Course.

BUDGET ACTION REQUIRED:  None

STAFF RECOMMENDATION:  Staff recommends approval of this request and for the Mayor and City Clerk to sign the Declaration of Taking and Resolution.

Moved by Commissioner Benedict, seconded by Commissioner Schweifler to approve the resolution to initiate eminent domain proceedings against Fifth/Third Bank for a parcel of land required for the construction of the Lakeshore Trail.

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

                        NAYS:  None

MOTION ADOPTED

f.  Request for Permission to apply for two (2) FEMA Grants for                   Fire Protection.  FIRE

SUMMARY OF REQUEST:  The Fire Department is requesting City Commission permission to apply for two (2) Federal Emergency Management Agency grants for fire protection for the City of Muskegon.

FINANCIAL  IMPACT:  $70,000 from Public Improvement Fund

BUDGET ACTION REQUIRED:  None

STAFF RECOMMENDATION:  Staff recommends approval of grant applications to Federal Emergency Management Agency for a fire training tower and rescue boat.

Moved by Commissioner Benedict, seconded by Commissioner Aslakson to approve the request for permission to apply for 2 Federal Emergency Management Agency grants for fire protection.

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

                        NAYS:  None

MOTION ADOPTED

2001-49      ANY OTHER BUSINESS:

a.     Reports on Tax abatements:

Moved by Commissioner Spataro, seconded by Commissioner Schweifler to table the issue on tax abatements for the next work session agenda for the May 7th work session.

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

                        NAYS:  None

MOTION ADOPTED

2001-50      PUBLIC PARTICIPATION:

Various comments were heard from the general public.

Moved by Vice Mayor Sieradzki, seconded by Commissioner Spataro to refer the issue of leaves on vacant city lots to the Land Reutilization Committee.

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

                        NAYS:  None

MOTION ADOPTED

ADJOURNMENT:

The Regular Commission Meeting for the City of Muskegon was adjourned at 6:55pm.

 

                                                                              Respectfully submitted;

 

 

 

                                                                              Gail Kundinger, CMC/AAE

                                                                              City Clerk

GK/da