MINUTES
The regular Commission Meeting of the City of
Muskegon was held at City Hall, 933 Terrace Street, Muskegon, Michigan at
5:30pm, Tuesday, June 12, 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.
2001-62
HONORS AND AWARDS:
a.
Goodwill Industries
International Employer of the Year Award.
Mayor Fred J. Nielsen made a presentation to
Roger Eikenberry, President and Owner of Plumbs, Inc. for receiving the
International Large Employer of the Year award from Goodwill Industries.
2001-63
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, May 22,2001.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the Minutes.
b.
Consideration of Bids –
Barney Ave., Valley to Roberts. ENGINEERING
SUMMARY OF REQUEST: To award the contract
for the reconstruction of Barney (including the lift station), from Valley to
Roberts to Millbocker & Sons since they were the lowest responsible bidder
with a bid price of $439,720.15.
FINANCIAL IMPACT: The construction cost of $439,720.15 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None, this project is in the 2001 budget.
STAFF RECOMMENDATION: Award the contract
to Millbocker & Sons.
c.
Sealed Bid Equipment
Sale. PUBLIC WORKS
SUMMARY OF REQUEST: Approve the sale of
the following City owned Equipment:
One (1) 1985 High Pressure Sewer Cleaner
(Vactor) to Newkirk Electric for the bid price of $48,500.00
One (1) 1979 Case Drott Cruise Air
Excavator to Moyer and Company for the bid price of $8,605.00.
FINANCIAL IMPACT: The combined sale amount of
$57,105.00 will be placed into the equipment fund to purchase equipment
budgeted for 2001.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the sale of
the 1985 Sewer Cleaner to Newkirk Electric at the bid price of $48,500.00 and
to approve the sale of the 1979 Case Drott cruise air Excavator to Moyer &
Company at the bid price of $8,605.00.
d.
Budgeted Equipment
Purchase. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase
one (1) Combination High Pressure Sewer Cleaner and Catch Basin Cleaner
(Vactor) from Jack Doheny Supplies for the bid price of $236,744.00.
FINANCIAL IMPACT: $236,744.00 Equipment Fund
BUDGET ACTION REQUIRED: None, The sale of our
1985 Vactor and Drott Excavator totaling $57,105.00 along with eliminating
$11,000.00 for the purchase of an air compressor will bring this equipment
purchase within budget. Original budget
estimates for this purchase included the sale of the Vactor and Drott.
STAFF RECOMMENDATION: Approve the purchase
of one (1) Combination High Pressure Sewer Cleaner and Catch Basin Cleaner for
the bid price of $236,744.00 from Jack Doheny Supplies.
e.
Budgeted Equipment
Purchase Portable Radios. PUBLIC
WORKS
SUMMARY OF REQUEST: Approval to purchase
Eighteen Portable Radio Units for Police/Fire and Twelve Portable Radio Units
for DPW from Tele-Rad Inc. of Muskegon at the price of $678.85 each.
FINANCIAL IMPACT: $20,365.50 equipment fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: to approve the
purchase of 30 portable radio units from Tele-Rad Inc. for the price of
$20,365.50.
g.
Lakeshore Pathway –
Kirksey Property. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Due to complications
on the title, the City is unable to acquire the Kirksey Property directly for
the Lakeshore Pathway. Therefore, it is
necessary to condemn the property.
Offer letters have been sent to all parties on the title commitment,
with no response. Thus, the city
Commission is requested to proceed with condemnation.
FINANCIAL IMPACT: The appraised value of the
property is $60,000, which will be paid for through the golf course
proceeds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the
resolution and Declaration of Taking, and authorize the Mayor and the clerk to
sign.
i.
QuitClaim Deed for
Streets in Harbour Towne. CITY
MANAGER
SUMMARY OF REQUEST: To approve a resolution to
accept a quitclaim deed for streets and easements in the HarbourTowne
Condominium development.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the
resolution.
j.
Fireworks Display –Summer
Celebration. CITY CLERK
SUMMARY OF REQUEST: Steve Franklin, Summit
Pyrotechnics, is requesting approval of a fireworks display for July 4th,
and July 8, 2001. Fire Marshall Grabinski
has reviewed the request and recommends approval contingent on inspection of
the fireworks and approval of the insurance.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent
on inspection of the fireworks and approval of the insurance.
Moved by Commissioner Aslakson, seconded by Commissioner
Schweifler to approve the consent agenda as read with the exception of the
removal of items f,h, which were removed.
ROLL VOTE: AYES;
Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
NAYS;
None
MOTION
ADOPTED
2001-64 ITEMS
REMOVED FROM THE CONSENT AGENDA:
f.
Julia Hackley Intern Wages, 2001.
AFFIRMATIVE ACTION
SUMMARY OF REQUEST: To approve an increased wage matrix for the
2001 interns in the Julia Hackley Internship program. An increased wage matrix will allow the City of Muskegon to
remain competitive at attracting and retaining qualified candidates. The current wage matrix is $5.50 to $7.00
per hour. The proposed range or wage
matrix is $7.00 - $10.00 per hour (which is comparable to our other seasonal
non-union employees @ $7.00 to $14.30 per hour).
FINANCIAL IMPACT: Any wage increase will come directly from the Julia Hackley Funds
allocated to the City of Muskegon. The
City has received $7,200.00 for 2001.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Recommends approval.
Moved by Commissioner Schweifler, seconded by Commissioner
Spataro to approve the increased in wage matrix for the Julia Hackley Internship
Program.
ROLL VOTE: AYES;
Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
NAYS;
None
MOTION
ADOPTED
h.
Selection of Painters for the City Paint
Program. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To have the Commission approve three (3)
selected paint contractors for this summers paint program through the Community
and Neighborhood Services Department.
FINANCIAL IMPACT: Expense will be covered through the 2001-2002 CDBG Paint and Siding
Program.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the selections.
Moved by Vice Mayor Sieradzki, seconded by Commissioner
Benedict to approve the three selected paint contractors for this summers paint
program..
ROLL VOTE: AYES;
Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
NAYS;
None
MOTION ADOPTED
PUBLIC
HEARINGS: None
COMMUNICATIONS: None
CITY
MANAGER’S REPORT: None
2001-65
UNFINISHED BUSINESS:
a. Donation Request from Miss Michigan
Scholarship Program (Tabled from May
22, 2001 meeting). CITY MANAGER
SUMMARY OF REQUEST: To consider a request from the Miss Michigan Scholarship Program
for a $10,000 cash donation for scholarships for competing contestants. Applicant
requested that this item be withdrawn
from the agenda.
FINANCIAL IMPACT: $10,000.00
BUDGET ACTION REQUIRED: Budget amendment would be required of request is approved.
STAFF RECOMMENDATION: To deny the request and consider funding for 2002 budget year.
Moved by Commissioner Schweifler, seconded by Commissioner
Spataro to refer to staff to discuss at the next Community Relations Meeting on
July 2nd, 2001.
No Vote – Discussion on the item.
Moved by Commissioner Schweifler, seconded by Commissioner Spataro
to call the question.
ROLL VOTE: AYES;
Shepherd, Spataro, Aslakson, Schweifler,
NAYS;
Sieradzki, Benedict, Nielsen,
MOTION ADOPTED
Moved by Commissioner Schweifler, seconded by Commissioner
Spataro to move on original motion to refer the item to staff for report ant
the next Community Relations Meeting in July.
ROLL VOTE: AYES;
Spataro, Aslakson, Schweifler, Shepherd,
NAYS;
Sieradzki, Benedict, Nielsen,
MOTION ADOPTED
b.
Pere Marquette Request for Proposals.
LEISURE SERVICES
SUMMARY OF REQUEST: To authorize staff to prepare and send out a Request for
Proposals for limited commercial development of Pere Marquette Park.
FINANCIAL IMPACT: Unknown
BUDGET ACTION REQUIRED: none
STAFF RECOMMENDATION: Approval
Moved by Commissioner Schweifler, seconded by Commissioner
Spataro to deny request to authorize staff to prepare and send out Request for
Proposals for limited development of Pere Marquette Park.
ROLL VOTE: AYES;
Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
NAYS;
None
MOTION ADOPTED
c.
Cross Lake Ferry
Committee (Tabled from May 22, 2001 meeting).
CITY MANAGER
SUMMARY OF REQUEST: A request was made to appoint two members of the City Commission
to a committee to work on the Cross Lake Ferry project. There is currently a local work group made
up of city staff and several other local agencies meeting together to work on
this project. It is not necessary at
this time to appoint two Commissioners to the work group.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To not appoint two
Commissioners to the Cross Lake Ferry committee at this time.
Moved by Vice mayor Sieradzki, seconded by Commissioner
Aslakson not to appoint two Commissioners to the Cross Lake Ferry committee.
ROLL VOTE: AYES;
Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
NAYS;
None
MOTION ADOPTED
2001-69 NEW
BUSINESS:
a.
Downtown Development
Authority Bond Refunding – Parameters Resolution.
FINANCE
SUMMARY OF REQUEST: The City Commission has previously adopted a
resolution authorizing issuance of Downtown Development Authority “refunding” bonds. The second Commission action required in the refunding process is
adoption of the attached “parameters resolution” which sets forth specific
procedures and terms for selling the bonds and authorizes staff to undertake
specific actions to accomplish the sale.
A third City Commission action will be required in coming weeks to
approve the actual sale of bonds.
FINANCIAL IMPACT: If the refunding is completed, interest savings (on net present
value basis) are projected to be $1,525,000.
This will help free up DDA tax increment dollars for use on other
downtown projects.
BUDGET ACTION REQUIRED: None at this time. Once
bonds are sold, debt service will be paid by DDA tax increments over the life
of the bonds. (18 years)
STAFF RECOMMENDATION: Approval of the resolution.
Moved by Commissioner Aslakson, seconded by Vice Mayor
Sieradzki to concur with staff to adopt
the resolution for selling the DDA bonds.
ROLL VOTE: AYES;
Benedict, Nielsen, Shepherd, Sieradzki, Spataro, Aslakson,
NAYS;
Schweifler (No Vote – Out of the Room)
MOTION
ADOPTED
b.
Selection of Contractor
for New Construction at 1706 Jarman. COMMUNITY
& NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To select Nobles Inc. with Mark Thompson as
the general contractor to construct a designated house at the city-owned
tax-reverted site at 1706 Jarman under – Operation Phoenix. The city received three bids with Nobles
Inc. being the lowest at $111,000. Once
the house is completed the City of Muskegon will sell the home to a qualified
homebuyer in association with one of the City’s Community Housing Development
Organizations.
FINANCIAL IMPACT: Funding will be allocated from the HOME budget 2000.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: to approve the awarding of the contract to
nobles Inc. to construct the house under project Operation Phoenix.
Moved by Commissioner Shepherd, seconded by Commissioner
Spataro to approve the selection of Nobles Inc. for the construction of the
house at 1706 Jarman.
ROLL VOTE: AYES;
Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
NAYS;
None
MOTION
ADOPTED
c.
Disclosure of Potential
Conflict of Interest Under Community Development Block Grant Program.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: Under Community Development Block grant
regulations, potential conflicts of interest must be disclosed to the public
prior to requesting a waiver from HUD.
Michael & Evelyn Brown of 297 Washington, have applied for CDBG
assistance under the City’s Emergency Roof Program. They are the daughter and son-in-law of Clara Shepherd, a City
Commissioner. The City Attorney has
determined that no conflict of interest is present in this case; however, this
must be disclosed to the public before any further action can be taken.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve for the City’s Community and
Neighborhood Services Dept., to submit the waiver of conflict of interest to
the U.S. Department of Housing and Urban Development.
Moved by Commissioner Schweifler, seconded by Commissioner
Spataro to approve the submission of the waiver of conflict of interest to HUD.
ROLL VOTE: AYES;
Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
NAYS;
None
MOTION
ADOPTED
d.
Selection of Paint
Supplier. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To have the City Commission approve the CNS
selection of O’Leary paint as the supplier for the 2001 Summer Paint
Program. CNS received two (2) quotes
from suppliers – O’Leary Paint, 3530 Airline Rd of Muskegon and Sherwin
Williams, 2425 Henry St. of Muskegon.
Because of past success, the CNS department would like to award the
contract once again to O’Leary paint.
FINANCIAL IMPACT: Funds will be from the 2001 Community Development Block Grant
Paint and Siding Program.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: to approve the selection of O’Leary Paint.
Moved by Commissioner Schweifler, seconded by Commissioner
Shepherd to approve the selection of O’Leary Paint as the supplier of paint for
the Paint Program.
Discussion on the item.
Moved by Commissioner Benedict, seconded by Commissioner
Aslakson to table until further information can be obtained.
ROLL VOTE: AYES;
Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
NAYS;
None
MOTION
ADOPTED
e.
Selection of Contractor
for Rehabilitation of City Owned Structure at 315 Catawba.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the selection of Nobles Inc. with
the low bid of $67,900. For the total rehabilitation of the tax-reverted
structure at 315 Catawba. The City of
Muskegon received four (4) bids for this project.
After the total rehabilitation of the
structure at 315 Catawba is completed, the structure will be sold to a
qualified homebuyer in association with one of the City’s Community Housing Development
Organizations.
FINANCIAL IMPACT: Funds will be allocated from the City’s HOME budget.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve Nobles, Inc. with Mark Thompson
as the general contractor for the job of rehabilitating 315 Catawba.
Moved by Commissioner Spataro, seconded by Commissioner
Shepherd to approve the selection of Nobles Inc. for the rehabilitation of the
structure at 315 Catawba.
ROLL VOTE: AYES;
Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
NAYS;
None
MOTION
ADOPTED
f.
Resolution in support of
House Resolution #15, regarding directional drilling under the Great
Lakes. COMMUNITY RELATIONS COMMITTEE
SUMMARY OF REQUEST: To adopt the resolution in support of House
Bill #15.
Moved by Commissioner Benedict, seconded by Commissioner
Shepherd to adopt the resolution in support of House Bill #15.
ROLL VOTE: AYES;
Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
NAYS;
None
MOTION
ADOPTED
g.
Resolution recognizing
Muskegon Western Little League Baseball, LLC. of Muskegon as a non-profit
organization for the purpose of obtaining a gaming license.
SUMMARY OF REQUEST: To adopt a resolution for Muskegon Western
Little League Baseball LLC. of Muskegon recognizing this organization as a
non-profit for the purpose of obtaining a charitable gaming license.
Moved by Commissioner Aslakson, seconded by Commissioner
Schweifler to recognize the non-profit status of Muskegon Western Little League
LLC. with the amendment of the name correction.
ROLL VOTE: AYES;
Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
NAYS;
None
MOTION
ADOPTED
2001-70
ANY OTHER BUSINESS:
Commissioner
Spataro, along with Benedict and Aslakson congratulated citizens on the City of
Muskegon for passing the Hackley library Millage.
2001-71
PUBLIC PARTICIPATION:
Various
comments were heard from the public.
Moved by Commissioner Aslakson, seconded by Commissioner
Schweifler to reconsider the issue of alley vacation at 1075 W. Laketon (Wesco)
at the next Regular Commission Meeting.
ROLL VOTE: AYES;
Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
NAYS;
Benedict,
MOTION
ADOPTED
2001-72
CLOSED SESSION: To discuss pending litigation.
Moved by Commissioner Schweifler, seconded by Commissioner
Shepherd to adjourn to closed session at 7:23pm.
ROLL VOTE: AYES;
Schweifler, Shepherd, Sieradzki, Aslakson, Benedict, Nielsen,
NAYS;
Spataro, (No Vote- out of the room)
MOTION ADOPTED
Moved by Commissioner Aslakson, seconded by Commissioner
Shepherd to return from closed session at 7:57pm.
ROLL VOTE: AYES;
Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler,
NAYS;
None
MOTION ADOPTED
Moved by Commissioner Aslakson, seconded by Commissioner
Shepherd to concur with staff to appeal the decision of the court in the case
of City of Muskegon vs. Fire Fighters Union.
ROLL VOTE: AYES;
Spataro, Aslakson, Nielsen, Schweifler, Shepherd,
NAYS;
Sieradzki, Benedict,
MOTION
ADOPTED
ADJOURNMENT:
The regular Commission Meeting for the City of Muskegon was adjourned at
7:58pm.
Respectfully submitted,
Gail
Kundinger, CMC/AAE
City
Clerk
GK/da