MINUTES

 

        The Regular Commission Meeting of the City of Muskegon was held at City of Muskegon was held at the City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30pm, Tuesday April 23, 2002.

      Mayor Warmington opened the meeting with a prayer from Commissioner Shepherd, after which members of the City Commission and members of the public joined in reciting the Pledge of Allegiance to the Flag.

ROLL CALL FOR THE REGULAR COMMISSION MEETING:

      Present: Mayor Stephen Warmington; Vice-Mayor Karen Buie: Commissioners Stephen Gawron, William Larson, Robert Schweifler, Clara Shepherd and Lawrence Spataro; City Manager Bryon Mazade, Assistant City Attorney John Schrier and City Clerk Gail Kundinger.

2002-51 CONSENT AGENDA:

a.     Approval of Minutes.  CITY CLERK

SUMMARY OF REQUEST: To approve the minutes of the City Commission Worksession that was held on Monday, April 8, 2002, and the Regular Commission meeting that was held on Tuesday, April 9, 2002.

FINANCIAL IMPACT: None

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Approval of the minutes.

b.     Lighthouse Acres - Coast Guard License.  LEISURE SERVICES

SUMMARY OF REQUEST: To sign a license agreement with the coast Guard for the use of Lighthouse acre as a park for five years.

FINANCIAL IMPACT: None

BUDGET ACTION REQUIRED: None                                             

STAFF RECOMMENDATION: Approve

COMMITTEE RECOMMENDATION: Leisure Services Board Recommends approval.

c.      FIRST READING - Zoning Ordinance Amendment to Allow Wireless Communication Antennas to Extend 30 feet above the Structure to which they are attached.  PLANNING & ECONOMIC DEVELOPMENT

SUMMARY OF REQUEST: Request to amend Section 2321 (Wireless Communication Service Facilities) of Article XXIII (General Provisions) of the City’s Zoning Ordinance to allow wireless communication antennas (WCAs) to extend thirty feet above the roof line of the structure to which they are attached.

FINANCIAL IMPACT: None

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to change the proposed language in the article and section described above.

COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their 4/11 meeting.  The vote was unanimous with P. Veltkamp, M. Kleaveland, and J. Aslakson absent.

d.     FIRST READING – Zoning Ordinance Amendment to Allow Signage for Legal Businesses located in Residential Districts.  PLANNING & ECONOMIC DEVELOPMENT

SUMMARY OF REQUEST: Request to amend Section 2334 (Signs) of Article XXIII (General Provisions) of the City’s Zoning Ordinance to allow signage for legal businesses located in residential districts.

FINANCIAL IMPACT: None

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to change the proposed language in the article and section described above.

COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their 4/11 meeting, with P. Veltkamp, M. Kleaveland, and J. Aslakson absent, and J. Stewart and P. Sartorius voting nay.

e.     Budgeted Vehicle Purchases.  DPW

SUMMARY OF REQUEST: Approval to purchase six vehicle replacements for 2002.  These vehicles will replace 1992 and 1993 cars.

FINANCIAL IMPACT: Total Cost $85,895.20 for all units.  Budgeted $96,000.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Approve purchase of budgeted replacements for a total cost of $85895.20 using Oakland County Purchasing.

f.       FIRST READING, Zoning Ordinance Amendment to Require Minimum Floor Sizes for Apartment Units.  PLANNING & ECONOMIC DEVELOPMENT

SUMMARY OF REQUEST: Request to amend Section 2319 (Residential Design Criteria) of Article XXIII (General Provisions) of the City’s Zoning Ordinance to require minimum floor sizes for apartment units.

FINANCIAL IMPACT: None

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to change the proposed language in the article and section described above.

COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their 4/11 meeting, with P. Veltkamp, M. Kleaveland, and J. Aslakson absent.

g.     Set Public Hearing Date for Smartzone LDFA Plan.  PLANNING & ECONOMIC DEVELOPMENT

SUMMARY OF REQUEST: to set the public hearing date for the Muskegon Lakeshore Smartzone LDFA Development and Tax Increment Financing Plan.

FINANCIAL IMPACT: No direct impact.  However, LDFA funds will be used to finance projects within the district boundaries.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Staff recommends a public hearing be set for May 14, 2002.

COMMITTEE RECOMMENDATION: The LDFA board will meet on April 22, 2002 to review the plan.

h.     Set Public Hearing Date for Seaway Business Park LDFA Plan.  PLANNING & ECONOMIC DEVELOPMENT

STAFF RECOMMENDATION: To set the public hearing date for the Seaway Business Park LDFA Development and Tax Increment Financing Plan.

FINANCIAL IMPACT: No direct impact.  However, LDFA funds will be used to finance projects within the district boundaries.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Staff recommends a public hearing be set for May 14, 2002.

COMMITTEE RECOMMENDATION: The LDFA board will meet on April 22, 2002 to review the plan.

i.       City – MDOT Agreement for Roberts Street, Keating to Laketon.  ENGINEERING

SUMMARY OF REQUEST: To approve the contract with MDOT for the milling & resurfacing of Roberts Street from Keating to Laketon and to approve the resolution authorizing the Mayor and City Clerk to sign the contract.

FINANCIAL IMPACT: MDOT participation is about $79,600 but not to exceed 81.85% of eligible cost.  The estimated total (including engineering) cost of the project is $120,000.

BUDGET ACTION REQUIRED: None a 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.

COMMITTEE RECOMMENDATION:

j.    Grant Request – Michigan Council for Arts and Cultural Affairs/Muskegon County Museum.  PLANNING & ECONOMIC DEVELOPMENT

SUMMARY OF REQUEST: To authorize a grant request to the Michigan Council for Arts and Cultural Affairs (MCACA) on behalf of the Muskegon County Museum in the amount of $100,000.  The request is for the renovation of Zemke House on Clay Avenue.

FINANCIAL IMPACT: None.  Match requirements and other funding will come from the Muskegon County Museum.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: To approve the request.

COMMITTEE RECOMMENDATION: None

      Motion by Vice-Mayor Buie, second by Commissioner Shepherd to approve the Consent Agenda.

ROLL VOTE:   Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington, Buie.

                              Nays: None

MOTION PASSED

2002-52 NEW BUSINESS:

a.     First Quarter 2002 Budget Reforecast.  FINANCE

SUMMARY OF AREQUEST: At this time staff is transmitting the First Quarter 2002 Budget Reforecast which outlines 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: Not surprisingly, the first quarter 2002 Budget Reforecast reflects a falloff in expected general fund revenues due to the economy.  Significant adjustments have been made in the areas of city income tax, state shared revenues and interest income.  Helping offset these losses are stronger than expected building permit revenues and income tax penalties.

General fund expenditures are expected to be slightly less than originally anticipated.  This is due primarily to: 1) the elimination of the community Center Design capital item based on recent Commission goal prioritization and, 2) the elimination of the scheduled Budget Stabilization fund transfer because the City was able to fund this item in 2001.  Offsetting these positives, however, are higher than anticipated insurance and legal service costs.  Also, on a positive note, we’re pleased to report that healthcare costs will remain within budget expectations based on the recent selection of Priority Health.

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 amendment.

COMMITTEE RECOMMENDATION: There is no committee recommendation at this time.

      No action taken at this time.

b.     Cemetery Building Renovations.  LEISURE SERVICES

SUMMARY OF REQUEST: To award a contract to VanderVen Construction for the interior renovations to the Cemetery  office.

FINANCIAL IMPACT: $81,634

BUDGET ACTION REQUIRED: $70,000 is budgeted, so an additional $15,000 needs to be added to the budget, which includes the architects fees.

STAFF RECOMMENDATION:  Approve

COMMITTEE RECOMMENDATIN:

Motion by Commissioner Larson, second by Commissioner Gawron to accept the bid and award the contract to VanderVen Construction.

ROLL VOTE:   Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron, Larson.

                        Nays: None

MOTION PASSED

c.      FIRST READING - General Employees Retirement System.  ASSISTANT CITY MANAGER

SUMMARY OF REQUEST: Ordinance to be adopted by the City Commission concerning changes relating to DPW and Leisure Services union employees.

FINANCIAL IMPACT: None at this time.

BUDGET ACTION REQUIRED: None at this time.

STAFF RECOMMENDATION: to adopt changes relating to DPW and Leisure Services union employees concerning the General Employees Retirement System as amended.

*Previously discussed with contract settlement.  contract adopted February 2002.

COMMITTEE RECOMMENDATION:

      Motion by Commissioner Spataro, second by Commissioner Schweifler to adopt the changes relating to DPW and Leisure Services union employees concerning the General Employees Retirement System as amended.

ROLL VOTE:   Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson, Schweifler.

                              Nays: None

MOTION PASSED

d.     Approval of Muskegon Lakeshore Smartzone Agreement.  PLANNING & ECONOMIC DEVELOPMENT

SUMMARY OF REQUEST: In order to proceed with the Smartzone project, an agreement between the Michigan Economic Development Corporation (MEDC), Grand Valley State University (GVSU), the City of Muskegon and the Muskegon Local Development Finance Authority (LDFA) is necessary.  The Agreement outlines the rights and obligations of all parties.  Therefore, the Commission is requested to approve the Agreement.

FINANCIAL IMPACT: No direct impact, although LDFA funds are pledged for the development of the Business incubator.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: To approve the Muskegon Lakeshore Smartzone Agreement and authorize the Mayor to sign.

COMMITTEE RECOMMENDATION: The LDFA will be meeting on April 22 to approve the Agreement.

      Motion by Commissioner Schweifler, second by Commissioner Gawron to approve the Muskegon Lakeshore Smartzone Agreement with supporting documents and authorize the Mayor to sign.

ROLL VOTE:   Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler, Shepherd.

                              Nays: None

MOTION PASSED

e.   CMI Brownfield Redevelopment Grant Smartzone Property.  PLANNING & ECONOMIC DEVELOPMENT

SUMMARY OF REQUEST: Anne Couture is working with Lakefront LLC to secure a CMI Brownfield Redevelopment Grant from the Michigan Department of Environmental Quality.  Although Lakefront LLC is contracting with Ms. Couture for the grant preparation, the City of Muskegon must approve the resolution applying for the grant funds.

FINANCIAL IMPACT: If approved for the grant, the funds will be used to cover the costs of environmental remediation on the site which is not currently covered by the current owner and other grant and private funds.  The amount being applied for is up to $1 Million.

BUDGET ACTION REQUIRED: None.

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

COMMITTEE RECOMMENDATION: None

      Motion by Commissioner Schweifler, second by Commissioner Larson to approve the resolution and authorize the Mayor and Clerk to sign.

ROLL VOTE:   Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington.

                              Nays: None

MOTION PASSED

f.    Approval of Contractor for completion of Rehabilitation of structure at 1838 Jarman.  COMMUNITY & NEIGHBORHOOD SERVICES

SUMMARY OF REQUEST: To approve the contract with Holden Construction of Muskegon for the completion of the rehabilitation of 1838 Jarman for Thirty Thousand Nine Hundred Twenty ($30,920).  The structure was obtained by the City of Muskegon through the “Good Neighbor Program” from the U.S. Department of Housing and Urban Development for the total cost of one dollar($1.00).  The Lead Base Paint Abatement has been completed, after the final rehabilitation is completed the property will be sold to a qualified family in accord with the City’s neighborhood revitalization efforts.

FINANCIAL IMPACT: The funding for this project will be taken from the City’s HOME funds from fiscal year 2001.

BUDGET ACTION REQUIRED: None required.

STAFF RECOMMENDATION: To approve the Community and Neighborhood Services selection.

COMMITTEE RECOMMENDATION: The Commission previously approved the Lead Base Paint Abatement for this project.

      Motion by Commissioner Spataro, second by Commissioner Schweifler to approve the contract with Holden Construction of Muskegon for $30,920 for rehabilitation of 1838 Jarman.

ROLL VOTE:   Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington, Buie.

                              Nays: None

g.  Award Construction Engineer Services/ Shoreline Drive.  ENGINEERING

SUMMARY OF REQUEST: To enter into a construction engineering services agreement with Fleis & Vandenbrink to perform the necessary plans review, construction inspection, construction staking and testing.  Furthermore, it is requested that the award be contingent upon the successful execution of the funding agreements between the City & MDOT.

We are anticipating the arrival of a costed proposal from Fleis & Vandenbrink prior to the 23 of April.  Upon receiving that proposal we will present you with the information during the meeting.

Fleis & Vandenbrink is being recommended as a result of reviewing the uncosted proposal as well as the interviews that included FTC&H and V3 consulting.

FINANCIAL IMPACT: The cost for the engineering services would be from the grant to construct Shoreline Dr.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Enter into an engineering agreement with Fleis & Vandenbrink Engineering.

      Motion by Commissioner Larson, second by Commissioner Schweifler to enter into an engineering agreement with Fleis & Vandenbrink Engineering.

ROLL VOTE:   Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron.

                              Nays: None

MOTION PASSED

 

2002-53 ANY OTHER BUSINESS:

An overview report was given by City Manager Bryon Mazade on Van’s Car Wash.

2002-54 PUBLIC PARTICIPATION:

      Various comments were heard from the public.

2002-55 CLOSED SESSION: To discuss property acquisition. 

Motion by Commissioner Spataro, second by Commissioner Schweifler to close session at 6:43pm to discuss property acquisition.

ROLL VOTE:   Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron, Larson.

                        Nays: None

MOTION PASSED

Motion by Commissioner Schweifler, second by Commissioner Spataro to return to open session at 8:07pm.

ROLL VOTE:   Ayes: Spataro, Warmington, Buie, Gawron, Larson Schweifler

                        Nays: None

                        Absent: Shepherd

ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon was adjourned at 8:08pm.

                                                                                          Respectfully submitted,

 

 

 

                                                                                          Gail Kundinger, CMC/AAE

                                                                                          City Clerk