City Commission Packet 01-08-2002

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      CITY OF MUSKEGON
        CITY COMMISSION MEETING
                       JANUARY 8, 2002
     CITY COMMISSION CHAMBERS                           @   5:30 P.M.
                                 AGENDA

•   CALL TO ORDER:
•   PRAYER:
• PLEDGE OF ALLEGIANCE:
•   ROLLCALL:
• HONORS AND AWARDS:
• PRESENTATION:
                a. Presentation to Fire Department by Verizon.
• CONSENT AGENDA:
                a. Approval of Minutes. CITY CLERK
                b. Sale of Non-Bulldable Lot on Delaware Avenue. PLANNING &
                   ECONOMIC DEVELOPMENT
                c. Memorandum of Agreement with Muskegon County to
                   License Cats and help enforce the Animal Control Ordinance
                   of the City. CITY MANAGER
                d. Transportation Improvements Program Submittal for: 2002-
                   2004.
                e. Purchase of 428 Marquette.
                f. Approval of Proposal from Charles Eckenstahler for Consulting
                   Services for the LDFA SmartZone.
•   PUBLIC HEARINGS:
• COMMUNICATIONS:
o CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
                a. City Manager Employment (July 11, 2001}. CITY CLERK
•   NEW BUSINESS:
                       a. Lead Based Paint Abatement at 1838 Jarman
                       b. FIRST READING • Zoning Ordinance Amendment to allow
                          specialized adult educational programs in the 8-3. Central
                          Business. District.
                       c. Amendments to IFT "Contract for Tax Abatement".
                       d. Extension of Construction Time Period - Purchase
                          Agreement/Former Lakos Property {Muskegon Hospitality,
                          lnc./City of Muskegon).
                      e. Terrace Lots/Extension of Real Estate Purchase Agreement.
                         PLANNING & ECONOMIC DEVELOPMENT
                      f. Approval of Core Communities Funding {CCF} Program
                           Agreement. PLANING & ECONOMIC DEVELOPMENT
•   ANY OTHER BUSINESS:
•   PUBLIC PARTICIPATION:
•   Reminder: Individuals who would like to address the City Commission shall do the following:
•   Be recognized by the Chair.
•   Step foiward to the microphone.
•   State name and address.
•   Limit of 3 minutes to address the Commission.
•   {Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
•   ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON, PLEASE CONTACT GAIL A.
KUNDINGER, Crrv CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231)
724-4172.
Date:     January 8, 2002
To:        Honorable Mayor and City Commissioners
From:     Gail A. Kundinger, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Commission
Worksession that was held on Monday, December 10, 2001; and
Regular Commission Meeting that was held on Tuesday, December 11,
2001.


FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
       CITY OF MUSKEGON
          CITY COMMISSION MEETING
                          JANUARY 8, 2002
     CITY COMMISSION CHAMBERS@ 5:30 P.M.
                                   MINUTES
   The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933,
Terrace Street, Muskegon, Michigan at 5:30pm, Tuesday, January 8, 2002.
    Former Mayor Nielsen handed the gavel to Mayor Warmington prior to start of
meeting. Mayor Warmington opened the meeting by introducing Reverend John
Grostic from Our Savior Lutheran, who offered the prayer, 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, Lawrence Spataro;
City Manager Bryon Mazade; City Attorney Thomas Johnson and City Clerk Gail
Kundinger.
2002-02   PRESENTATION:
                a. Presentation to Fire Department by Verizon.
   Verizon representative John Van Wyke presented the Fire Department with
   teddy bears to be given to children that become victims of fires.
                b. Presentation to Verizon.
   Mayor Stephen Warmington presented an Appreciation Award to Verizon
   represented by John Van Wyke for their involvement with the community.
2002-03 CONSENT AGENDA:
                a. Approval of Minutes. CITY CLERK
   SUMMARY REQUEST: To approve the minutes of the Commission Worksession
   that was held on Monday, December 10, 2001; and Regular Commission
   meeting that was held on Tuesday, December 11, 2001.
   FINANCIAL IMPACT: None.
   BUDGET ACTION REQUIRED: None.
  STAFF RECOMMENDATION:         Approval of the minutes.
                b. Sale of Non-Buildable Lot on Delaware Avenue.       PLANNING &
                   ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The property at 297 Delaware Avenue (parcel # 24-
205-235-0013-00) was originally owned by the Goodwill Industries in 1989 but was
tax reverted to the State of Michigan because the property was overlooked by
Goodwill Industries. Under the provisions of Act 451, P.A. 1994, the City of
Muskegon acquired some tax reverted properties from the State of Michigan,
parcel # 24-205-235-0013-00 being one, and received its title from the State on
April, 1995. Surrounded by existing parking lots of Goodwill Industries, said parcel
is landlocked and gives the City of Muskegon no potential use.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:          To approve the sale of the vacant lot to Goodwill
Industries for $100.
              c. Memorandum of Agreement with Muskegon County to License
                 Cats and help enforce the Animal Control Ordinance of the City.
                 CITY MANAGER
SUMMARY OF REQUEST: Approve the memorandum of agreement with
Muskegon County so the proposal may be presented to the County Board of
Commissioners at their February Sfh "Work Session"
FINANCIAL IMPACT: The city will be paying the difference between a current
half-time animal control officer's position and a full-time position to assist with the
enforcement of the new Animal control Ordinance ($24,800). We will also pay
the one-time licensing start-up fee estimated at about $1,000. The agreement is
structured so licensing fees offset the City's cost for this assistance.
BUDGET ACTION REQUIRED:         A 2002 Budget amendment will be necessary to
cover these costs.
STAFF RECOMMENDATION:          Adopt the resolution and MOA.
             d. Transportation Improvements Program Submittal for: 2002-2004.
                ENGINEERING
SUMMARY OF REQUEST: Authorize staff to submit a request to WMSRDC in
which to remove Black Creek project from the 2004 TIP and replace it with Clay
Ave. from Spring to Terrace. This request is due to the fact that in an effort to
curb the pavement deterioration, Black Creek was place on the 2002 CIP for
improvements rather than wait until 2004 for the grant money.
FINANCIAL IMPACT: None at this time, however, a local match equal to that that
was approved for Black Creek will be required.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:         To approve the project submittal.
             e. Purchase of 428 Marquette.        COMMUNITY & NEIGHBORHOOD
                SERVICES
   SUMMARY OF REQUEST: To approve the purchase of the property located at
   428 Marquette (City of Muskegon revised Plat of 1903 E 12 feet lot 11 and W 31.5
   feet of lot 12 block 11) 78' x 132' from Bankhead Education consulting for the
   appraised price of $6,200.00.
   After approval of the purchase by the Commission the CNS department will
   demolition the existing structure combine the lots and build a ranch style home
   in conjunction with the City's Jackson Hill Infill program a.k.a. Operation J-Hill.
   FINANCIAL IMPACT: Funding for purchase, demolition and construction will
   come from the City's 2000 and 2001 HOME funding.
   BUDGET ACTION REQUIRED: None.
   STAFF RECOMMENDATION:        To approve the request.
                f. Approval of Proposal from Charles Eckenstahler for Consulting
                   Services for the LDFA SmartZone.         PLANNING & ECONOMIC
                   DEVELOPMENT
   SUMMARY OF REQUEST: To approve the Proposal/Contract between Charles R.
   Eckenstahler and the City of Muskegon for services related to the preparation of
   the Smartzone LDFA Plan.
   FINANCIAL IMPACT: The amount of the contract is $5,500. The City's General
   Fund will pay this amount and will be reimbursed through LDFA funds in the
   future.
   BUDGET ACTION REQUIRED: None.
   STAFF RECOMMENDATION: To approve the Proposal/Contract and authorize
   the Mayor to sign the Proposal/Contract.
     Motion by Commissioner Spataro, second by Commissioner Larson to
   approve the Consent Agenda.
      ROLL VOTE: Ayes:    Gawron,        Larson,    Schwelfler,   Shepherd,   Spataro,
                 Warmington, Buie.
                   Nays: None
  MOTION PASSED

2002-04 UNFINISHED BUSINESS:
               a. City Manager Employment (July 11, 2001 ). CITY CLERK
      Motion by Commissioner Schweifler, second by Commissioner Spataro to
  refrain from further consideration of the question and previous motions to
  terminate the City Manager, and take no further action in the matter.
  ROLL VOTE: Ayes:    Larson,      Schweifler,     Shepherd,   Spataro,   Warmington,
             Buie,Gawron.
               Nays: None.
  MOTION PASSED


2002-05 NEW BUSINESS:
                a. Lead Based Paint Abatement at 1838 Jarman. COMMUNITY &
                   NEIGHBORHOOD SERVICES
  SUMMARY OF REQUEST: To approve the bid with Success Builders for the lead
  base paint abatement of the city-owned home at 1838 Jarman for $22,330.
  After the lead base paint abatement is complete the structure will be totally
  rehabilitated and then sold to a qualified low to moderate-income homebuyer.
  FINANCIAL IMPACT: Cost of the abatement will be allocated from the 2000
  HOME budget for lead based paint abatement.
  BUDGET ACTION REQUIRED: None.
  STAFF RECOMMENDATION: To approve the bid and authorize staff to contract
  the work with Success Builders of Muskegon.
  Motion by Commissioner Spataro, second by Commissioner Shepherd to
  approve the bid with Success Builders for the lead base paint abatement of the
  city-owned home at 1838 Jarman for $22,330.
     ROLL VOTE:    Ayes: Schweifler, Shepherd, Spataro, Wamington, Buie, Gawron,
                   Larson.
                   Nays: None
  MOTION PASSED
               b. FIRST READING • Zoning Ordinance Amendment to allow
                  specialized adult educational programs in the B-3. Central
                  Business. District. PLANNING & ECONOMIC DEVELOPMENT
  SUMMARY OF REQUEST: Request to amend Section 1201 (Special Land Uses
  Permitted) of Article XII (B-3, Central Business) of the City's Zoning Ordinance to
  allow specialized adult educational programs, under certain conditions.
  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 Zoning Board of Appeals classified this use
  as belonging in the B-3 district, under special use permit, on 11 /13/0 l. The vote
  was unanimous with J. Aslakson and S. Schiller absent. The Planning Commission
  recommended denial of the current request on 12/13/0 l, because they did not
  feel that the use fits well within the downtown area. The vote to deny was
  unanimous, with D. Coleman absent.
     Motion by Commissioner Larson, second by Commissioner Schweifler to
   approve the amendment of the Zoning Ordinance.
   ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
              Shepherd.
                Nays: None.
MOTION PASSED
             c. Amendments to IFT "Contract for Tax Abatement". PLANNING &
                ECONOMIC DEVELOPMENT
Item withdrawn from Agenda per request of Staff.
             d. Extension  of  Construction Time   Period     Purchase
                Agreement/Former Lakos Property (Muskegon Hospitality.
                lnc./City of Muskegon).      PLANNING     & ECONOMIC
                DEVELOPMENT
SUMMARY OF REQUEST: To approve the written request from Holiday Inn
Muskegon Harbor/Muskegon Hospitality Inc. to extend the construction time
period designated in the Purchase Agreement between Muskegon Hospitality,
Inc. and the City of Muskegon for the former Lakos property, with conditions.
Although the extension request is for 24 months, staff recommends that the
request be granted for 12-months, in accordance with Section (9) of the
Purchase Agreement (through September 2002).
FINANCIAL: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request from Muskegon Hospitality
Inc. for an extension for completion of construction, for a period of 12 months,
provided that the following conditions be met: 1) a timeline for building
construction and future use be provided to the City by February 1, 2002, 2) the
property be filled with 3" of topsoil and the property be seeded by May 31, 2002,
3) the existing fence be moved from it's current location to the rear of the
property so that it screens the rear delivery and dumpster area by May 31, 2002.
Further, the buyer must sign an addendum to the Land Contract and Purchase
Agreement agreeing to these terms.
   Motion by Commissioner Schweifler, second by Commissioner Spataro to
table until next meeting.
   ROLL CALL:   Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
                Schweifler
                Nays: None.
MOTION PASSES
            e. Terrace Lots/Extension of Real Estate Purchase Agreement.
               PLANNING & ECONOMIC DEVELOPMENT
   SUMMARY OF REQUEST: The Westwood Group L.L.C. and the City of Muskegon
   entered into a "Real Estate Purchase Agreement" for the Terrace Lots on
   October 12, 2000. The Westwood Group has requested that the Agreement be
   extended. The Commission is requested to approve the attached "First
   Amendment to Real Estate Sale Contract" between The Westwood Group, L.L.C.
   and the City of Muskegon.
   FINANCIAL IMPACT: None.
   BUDGET ACTION REQUIRED: None.
   STAFF RECOMMENDATION: To approve the "First Amendment to Real Estate
   Sale Contract" and authorize the Mayor and Clerk to sign.
      Motion by Commissioner Spataro, second by Commissioner Buie to grant the
   extension and add the date change for the closing on parcel #1 as February 28,
   2002.
      ROLL CALL:    Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
                    Spataro.
                    Nays: None.
   MOTION PASSES.
                 f. Approval of Core Communities Funding {CCF)               Program
                   Agreement. PLANING & ECONOMIC DEVELOPMENT
   SUMMARY OF REQUEST: The City Commission approved the CCF loan, in the
   amount of $1 Million in 2001. These funds will be used on the Smartzone property
   of the seawall and boardwalk. In order to move forward on the expenditure of
   these funds, it is necessary to approve the agreement between the Michigan
   Economic Development Corporation and the City of Muskegon.
   FINANCIAL IMPACT: The City will receive $1 Million in funds for the Smartzone site.
   BUDGET ACTION REQUIRED: None.
   STAFF RECOMMENDATION: To approve the "Core Communities Funding (CCF)
   Program CCF Agreement" and authorize the Mayor to sign.
      Motion by Commissioner Schweifler, second by Commissioner Gawron to
   approve the "Core Communities Funding (CCF) Program CCF Agreement" and
   authorize the Mayor to sign.
      ROLL CALL:   Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
                   Warmington.
                   Nays: None.
      MOTION PASSES
2002-06 ANY OTHER BUSINESS:       Commissioner Spataro would like the City
   Commission to meet with the County Board to set goals for working together.
2002-07 PUBLIC     PARTICIPATION:     Citizens from the    audience made various
  comments.
2002-08 ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon
   was adjourned at 6:43 p.m.
                                         Respectfully submitted,




                                         Gail A. Kundinger, CMC/AAE
                                         City Clerk
                  Commission Meeting Date: January 8, 2002




Date:         January 2, 2002
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development Cr2C-
RE:           Sale of Non-Buildable Lot


SUMMARY OF REQUEST:

The property at 297 Delaware Avenue (parcel # 24-205-235-0013-00) was originally
owned by the Goodwill Industries in 1989 but was tax reverted to the State of Michigan
because the property was overlooked by Goodwill Industries. Under the provisions of
Act 451, P.A. 1994, the City of Muskegon acquired some tax reverted properties from
the State of Michigan, parcel # 24-205-235-0013-00 being one, and received its title
from the State on April, 1995.         Surrounded by existing parking lots of Goodwill
Industries, said parcel is landlocked and gives the City of Muskegon no potential use.

FINANCIAL IMPACT:

None.

BUDGET ACTION REQUIRED:

None.

STAFF RECOMMENDATION:

To approve the sale of the vacant lot to Goodwill Industries for $100.

COMMITTEE RECOMMENDATION:

None




1/2/2002
                                 Resolution No. 2002- 03 ( b)

                            MUSKEGON CITY COMMISSION


RESOLUTION TO APPROVE THE SALE OF A VACANT CITY-OWNED LOT ON 297
DELAWARE AVENUE TO GOODWILL INDUSTRIES.

WHEREAS, the property is described as parcel number 24-205-235-0013-00 and further
described as W ½ Lot 13 Block 235, Revised Plat of 1903, City of Muskegon;

WHEREAS, Goodwill Industries originally owned the property in 1989 but said parcel
was reverted to the State of Michigan and then to the City of Muskegon in April, 1995;

WHEREAS, the subject parcel is landlocked by properties owned by Goodwill Industries,
which are currently being used for parking;

WHEREAS, the sale would relieve the City of further maintenance costs;

WHEREAS, the sale is consistent with City policy regarding the disposition of a non-
buildable lot;

NOW THEREFORE BE IT RESOLVED, that parcel number 24-205-235-0013-00,
located on 297 Delaware Avenue be sold to Goodwill Industries for $100.


Adopted this 8th     day of January, 2002

Ayes: Gawron , Larson, Schweifler, Shepherd, Spataro , Warmington , Buie

Nays:    None

Absent     None




                                    CERTIFICATION

I hearby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon,
Michigan at a regular meeting held on January 8, 2002.
     CITY-OWNED VACANT LOT FOR SALE
     CITY OF MUSKEGON, MICHIGAN




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                                               \
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                                                                          APPLE AVENUE
                                               '\                                                            \

                                                                                               297 Delaware Avenue
                                                                         Goodwill Industries   Parcel # 24-205-235-0013-00
                                                                                X              Lot Size: 33' x 132'

                                                                                                                                  §   I            I



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Note: Parcels rrarked with an "X:' are CMll1ed by Goodwill Industries.
                                                         QUIT-CLAIM DEED

                                                           2002-0J(b)
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of933 Terrace Street,
Muskegon, Michigan 49440,

QUIT CLAIMS to GOODWILL INDUSTRIES OF WEST MICHIGAN, INC., a Michigan corporation, of271 E. Apple Avenue,
Muskegon, MI 49442,

the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:

                     The West 1/2 of Lot 13 of Block 235 of the Revised Plat (of 1903) of the City of Muskegon;
                                      [Parcel No. 24-205-235-0013-00; 297 Delaware Avenue]

for the sum of One Hundred ($100) Dollars.

This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).

Dated this JtJ.tii_ day of January, 2002.

Signed in the presence of:

~                jJoi/µ
l/nd«         /1t:Jt:fl',




STATE OF MICHIGAN
COUNTY OF MUSKEGON

       The foregoing instrument was acknowledged before me this /Of/, day of January, 2002, STEPHEN J. WARMINGTON
and GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the
City.


PREPARED BY:
G. Thomas Johnson, Parmenter O'Toole                            i1>7(.lf.i   S·     /bff'f"/'
175 W. Apple Ave., Muskegon, MI 49443-0786                   Notary Public, Muskegon County, Michigan
Telephone: 231.722.1621                                      My commission expires:     f - cl -S---- 0   2..


WHEN RECORDED RETURN TO: Grantee                             SEND SUBSEQUENT TAX BILLS TO: Grantee




        G:IEDSI\FI LES\00100\0426\DEED-QUl\9Y9262. DOC
                             AGENDA Item No. - - -


           MUSKEGON CITY COMMISSION MEETING - January 8, 2002

To:           Honorable Mayor and City Commissioners
From:         City Manager's Office t!/:f/;/
Date:         December 26, 2001
Subject:      Memorandum of Agreement with Muskegon County to License Cats and
              help enforce the Animal Control Ordinance of the City.


SUMMARY OF REQUEST
Approve the attached memorandum of agreement with Muskegon County so the firoposal
may be presented to the County Board of Commissioners at their February 511 "Work
Session."

FINANCIAL IMP ACT
The City will be paying the difference between a current half-time animal control
officer's position and a full-time position to assist with the enforcement of the new
Animal Control Ordinance ($24,800). We will also pay the one-time licensing start-up
fee estimated at about $1,000. The agreement is structured so licensing fees offset the
City's cost for this assistance.

BUDGET ACTION REQUIRED
A 2002 budget amendment will be necessary to cover these costs.

RECOMMENDATION
Adopt the attached resolution and MOA.
                                          2002-0J(c)
                         AGREE!V.IENT FORANI!VIAL CONTROL SERVICES

        This is an agreement between the City of Muskegon (hereinafter "City") of933 Terrace
Street, Muskegon, Michigan and the County of Muskegon (hereinafter "County") of _ _
Terrace Street, Muskegon, Michigan 49440 entered into on this effective date of April 1, 2002.

                                                         Recitals

      A.      The City of Muskegon has a cat problem. Stray cats are multiplying and
becoming a nuisance throughout the City.

       B.      The County which is primarily responsible for animal control in the County of
Muskegon is willing to assist the City of Muskegon with the problem, provided that the City will
supply funding and arrange for supplementary services in connection with the animal control
functions requested of the County regarding cats.

        C.      The parties recognize the County's animal control function pursuant to the various
statutes in the State of Michigan, and further recognize that the City of Muskegon has passed an
ordinance amending its animal control ordinances in appropriate ways.

        D.      In addition to the services of the County pursuant to state law the City of
Muskegon wishes to contract with the County for the services provided in this agreement. The
services set forth in this agreement are supplementaiy to and not in substitution for the County's
animal shelter and animal control functions.

       E.     It is understood that the County's functions under this contract will be primarily
administered by the Muskegon County Health Department and its animal control personnel.

    NOW, THEREFORE, THE PARTIES, INCORPORATING THE RECITALS ABOVE,
HEREBY AGREE, AS OF THE EFFECTIVE DATE:

Staffing and Fees

        1.      The County will provide an animal control officer to function with the authority
of an ordinance enforcement officer and representative of the City of Muskegon on a part-time
basis no less than twenty hours per week. The said animal control officer may be a full-time
County employee who spends part of his or her time functioning as the animal control
enforcement officer of the City pursuant to this agreement.

        2.      Services Provided: Services provided by the animal control officer in the course
of service to the City of Muskegon, in addition to administering the general animal control laws
of the state, county and city, the animal control officer shall focus on the following:

                   a.       Timely response to assist City police officers with vicious or dangerous
                            animal complaints.




\\MUSKDATA\DATA\P!anning\MOORE\WORD\policy\cats\Coun tyMOA.doc
                    b.       Ensuring that both cats and dogs are properly licensed in the city, and
                             carrying on licensing functions for cats as needed or agreed.

                    c.       Assisting with trapping or collecting properly trapped animals detained by
                             city staff or residents.

                    d.       Dealing with the capture, trapping, or collecting of cats which are strays or
                             at large in violation of the City's ordinances, and delive1ing them to an
                             animal control shelter contracted or designated by the City, which
                             includes, without limitation, the County animal shelter if deemed
                             appropriate by the County.

       3.      Dedicated Hours: Although flexibility in assignments is necessary, in general, the
hours of the animal control officer within the City limits of Muskegon will be 8:30-5:00,
Mondays, Fridays and Tuesdays or Thursdays.

        4.    Compensation: The City agrees to pay the County, for services during the year
2002, beginning on April 1, 2002, the sum of $18,600 payable on April 1, July 1, and October 1
upon request by the County, in equal payments of $6,200 per payment. After 2002 the City will
pay to the County $24,800 for each calendar year, consisting of quarterly payments in the
amount of $6,200 due on January 1, April 1, July 1, and October 1, upon request for payment by
the County.

        5.      Equipment: The County agrees to provide the City-dedicated animal control
officer with a vehicle, and all necessary training and equipment to execute his or her duties,
including micro-chip identifying equipment for those animal owners who choose micro-chip
implants over traditional license tags. Overtime hours, requested by the City, shall be
reimbursed to the County after appropriate documentation is provided by the County to the City
Manager's office.

        6.     Oversight; Wages and Compensation: The City-dedicated animal control officer
will remain an employee of the County. As such, the Director of Animal Control or such other
person designated by the County shall supervise this individual. The said supervisory person
shall, however, coordinate with the City to ensure that the animal control officer is providing
proper service to the City. The County shall remain responsible for all compensation due by way
of salary, wages or benefits, social security, etc. for the animal control officer who shall be an
employee of and supervised by the County.

        7.       Reporting: The County will provide a monthly report of activities in the City to
City staff the first week of the month for the previous month. The report will include
information on such things as: number of animals talcen into custody, type and number of
citations issued, and schedule of time spent on duty by the week. Additionally, City and County
Animal Control staff shall meet quarterly to discuss program needs and issues.

        8.      Education: The County through its designated animal control officer will help
distribute licensing information and educational materials, as appropriate, on the City's behalf.



\\MUSKDATA\DATA\Planning\MOORE\WORD\po!icy\cats\Coun tyMOA.doc
                                                          Care

       9.       Housing: The County, through its animal control facility will provide eight (8)
temporary emergency cages for cats from the City of Muskegon until they can be transported to
another facility. It is understood that prefened housing for trapped cats will be the Humane
Society and West .IVIichigan Society for Protection and Care of Animals.

         10.    Euthanasia: Badly injured or dangerous feral cats will be euthanized by County
Animal Control for the City of Muskegon and the Muskegon County Humane Society, provided
that state laws shall be followed.

        11.    State Laws: Nothing in this agreement concerning the care or euthanizing of cats
shall supercede or be followed contrary to the laws nf the State of Michigan as they may apply to
licensed animal shelters or the care of animals.

                                                     Licensing

         12.    Licensing Officer; Fees; The animal control officer, or such other persons as the
City may designate, shall be the Licensing Officers for and shall carry on the licensing process
for cats. All license fees received shall be the property of and turned over to the City. All fees
for impounding, licensing and related matters shall be determined by the City Commission by
resolution.

       13.    Record Keeping: The County shall develop and maintain the cat licensing
database, which will parallel the dog licensing database.

        14.    Licensing Process: The process and procedures for cat licensing, including
timeline and forms, will also parallel the cunent dog licensing system.

        15.    Licensing Timefrarne: After the initial licensing cycle, which will begin April 1,
2002, thereafter, the regular licensing schedule for cats will be October 1st through December
31s t .

        16.     Licensing Start-up: Initial licenses for the new cat-licensing program shall be the
responsibility of the County. Forms and educational materials will be made available to city
residents by city staff. After the initial cat licensing effort, the City Treasurer's office will take
cat-licensing fees under the same process that dog licensing fees are currently taken.

             Miscellaneous Expenses and Provisions for Application of Fees

       17.    Program Start-up: The City will reimburse the County to cover the initial cost of
modifying the existing Animal Control Database and to obtain license tags. Appropriate forms
and database shall be in place to administer the cat-licensing program by April 1, 2002.




\\MUSKDATA\DATA\Planning\MOORE\WORD\policy\cats\Coun tyMOA.doc
         18.     Collection Fee: The standard license collection fee paid to the City Treasurer's
 office by the county for the collection of dog license fees will not be provided for cat licenses.

          19.    Impound fees: Impound fees set by the City and collected for cats by the County
 in its animal control function shall be retained by the County and used to help maintain the
 County animal control shelter. This shall not include impound fees collected by contracted
 animal shelters, which may retain impound fees they collect.

                                                          Term

        20.     This agreement shall be automatically renewed from year to year on January 1st.
In the event either party wishes to terminate this agreement it may do so at any time provided
such termination shall require a 90 day written notice delivered to the other.

                                                       Insurance

        21.     Both parties agree to provide that the activities of the animal control officer and
the functions of both parties regarding animal control of the City of Muskegon are covered by
insurance or Risk Authority agreements. There are no cross-indemnities, but the undertaking to
maintain insurance or other appropriate coverage (including self-insured coverage as may be
preferred) is a condition binding on both parties for the duration of this agreement.

                                                      Miscellaneous

        22.     There is no third party beneficiary covered by this agreement. It binds and
benefits only the parties and their assignees permitted by this agreement.

           23.       This agreement shall be interpreted under the laws of the State of Michigan.

           24.       This agreement has been.authorized for execution by the legislative bodies of both
parties.


Date:       :.2 {1'-f( () :;i....,                               ~~UN/u;ffk
                                                                   Kenneth Hullrn, Chairman
                                                                          /            /)     -
Date: _ _ _ _ _ _ __                                             And     ,,.
                                                                      y;~<--a-tlz< / ~.#---'I~
                                                                                         ~
                                                                     Susan Doriot, C ~ Clerk


Date:      / - /(J - O :2_



Date:      / -/ 0 -        o   Q




\\MUSKDATA\DATA\Plannlng\MOORE\WORD\policy\cats\Coun tyMOA.doc
Date:    January 2, 2002

To:      Honorable Mayor and City Commissioners

From:    Engineering

RE:      Transportation Improvements Program Submittal for:
         2002-2004



SUMMARY OF REQUEST:

Authorize staff to submit a request to WMSRDC in which to remove Black Creek project
from the 2004 TIP and replace it with Clay Ave. from Spring to Terrace. This request is
due to the fact that in an effort to curb the pavement deterioration, Black Creek was
placed on the 2002 CIP for improvements rather than wait until 2004 for the grant
money.



FINANCIAL IMPACT:
None at this time, however, a local match equal to that that was approved for Black Creek
will be required.



BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
To approve the project submittal



COMMITTEE RECOMMENDATION:
                                                            FY 2004 TRANSPORTATION IMPROVEMENT PROGRAM
                                                                 PROJECT DETAIL BY FUNDING CATEGORY

                                                                            FY 2004 STP URBAN
                                       (Funding for projects in this category is capped. The local agency is responsible for its normal
                                         reawrea 1oca1 matcn DIUS anv costs aoove ana oeyona tne teaera1 snare ustea mtms taDleJ
                                                                                                                                             FED
JOB#         c.s.           NAME                  LIMITS                        WORK                     Ml     FUND      TOTALCOST
                                                                                                                                           (Capped)
                                                                                                                                                         STATE      LOCAL     LOC_UNIT
                                           LINCLON TO
563TT       61407     SHERMAN BLVD
                                           BEACH
                                                                  MILL & RESURFACE                              STPU         $450,000      $360,000       $0        $90,000         MU
                      BLACK CREEK          SHERMAN TO
56380       61407     ROAD
                                                                  MILL & RESURFACE                              STPU         $450,000      $360,000       $0        $90,000         MU
                                           LATIMER
                                           ROOSEVELT TO
56382       61407     SUMMIT AVENUE                               RECONSTRUCT                                   STPU         $281,808      $225,446       $0        $56,362         RP
                                           GLENSIDE
            81407                          BROADWAY TO            COLD MILL, HNDCP RAMPS, CURB
56383                 GETTY STREET
                                           SHERMAN                &GUTTER
                                                                                                                STPU         $375,000      $300,000       $0        $75,000         MH
                                           HENRY TO HIGH
56386       61407     SEMINOLE ROAD                               LEFT TURN LANE                                STPU         $300,000       $250,000      $0        $50,000         NS
                                           SCHOOL
                      WHITEHALL                                   RECONSTRUCT FROM 2 TO 6
66388       81407                          RIVER TO GILES                                                       STPU        $1,100,000     $848,180       $0       $231,820     MCRC
                      ROAD                                        LANES, STORM SEWER
                      TOTAL2004                                                                                             $2,966,808     $2,383,8211    $0       $693,182
                                                                      -------                 -        ~      --·-       -------              -- -             --------
                                                                                                                                                                ---
        •IN THE EVENT THAT MORE FEDERAL STPU STREET AND HIGHWAY FUNDING BECOMES AVAILABLE FOR FY 2004, MUSKEGON COUNTY ROAD COMMISSION WILL RECEIVE SUCH ADDITIONAL FUNDS
        FOR THEIR WHITE HALL ROAD PROJECT, TO BRING THAT PROJECT UP TO 80/20 FEDERAL,1.0CALSPLIT. 80% IS THE MAXIMUM FEDERAL PARTICIPATION CAP FOR AN STPU STREET OR HIGHWAY
        PROJECT. 80% OF $1,100,000 IS $880,000, OR $11,820 DOLLARS MORE THAN SHOWN ABOVE. AN INCREASE IN FEDERAL STPU REVENUES IN FY 2004 COULD THUS REDUCE LOCAL FINANCIAL COSTS
        BY $11,820, DOWN TO $220,000.
                                                                                 FY 2004 STP RURAL
                                                   . ·----·-·    -···-----,-,-·· -·---·------· -·-·-·-···-·-· ---··· ---- ...
 JOB#        c.s.           NAME                   LIMITS                        WORK                    Ml     FUND       TOTALCOST          FED        STATE      LOCAL     LOC_UNIT




                                                                                                                                                                               12
         Commission Meeting Date:             January 8, 2002




Date:       January 2, 2002
To:         Honorable Mayor & City Commission
From:       Community and Neighborhood Services W ·                  G •G
            Department
RE:         Purchase of 428 Marquette


SUMMARY OF REQUEST: To approve the purchase of the property
located at 428 Marquette (City of Muskegon revised Plat of 1903 E 12
feet lot 11 and W 31 .5 feet of lot 12 block 11) 78' x 132' from Bankhead
Education Consulting for the appraised price of $6,200.00.

After approval of the purchase by the Commission the CNS department
will demolition the existing structure combine the lots and build a ranch
style home in conjunction with the City's Jackson Hill Infill program a.k.a.
Operation J-Hill.

FINANCIAL IMPACT: Funding for purchase, demolition and construction
will come from the City's 2000 and 2001 HOME funding.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: To approve the request.

COMMITTEE RECOMMENDATION: None
                                          2002-0J(e)
                                 REAL ESTATE PURCHASE AGREEMENT

         THIS AGREEMENT is effective on De.cem\oe.,-1( 2001, by and between Bankhead
 Education Consulting, a sole proprietorship, of 4328 Schafer Road, Dearborn, MI 48126
 ("Seller"), and the City of Muskegon, a Michigan municipal corporation, with offices at 933
 Terrace Street, Muskegon, MI 49442 ("Buyer").

          1. General Agreement and Description of Premises. Seller agrees to sell, and Buyer
      agrees to buy, marketable record title of real estate, and all improvements thereon, with all
      beneficial easements, and with all of Seller's right, title, and interest in all adjoining public
      ways, the real property located at 428 Marquette in the City of Muskegon, County of
      Muskegon, State of Michigan, and legally desc1ibed as:

               City of Muskegon revised Plat of 1903 E 12 feet Lot 11 and W 31-1/2
               feet Lot 12 block 11 and E 34-1/2 feet Lot 12 block 11

     subject to the reservations, restrictions, and easements of record, provided said reservations,
     restrictions and easements of record are acceptable to Buyer upon disclosure and review of
     the same, and subject to any governmental inspections required by law.

         2. Consideration and Manner of Payment. In exchange for a warranty deed from
     Seller to Buyer, Buyer shall pay $6,200 at closing, and shall take the property subject to a
     possible obligation to demolish the structure. Buyer shall be solely responsible for the
     expenses of demolition and waive any claims for demolition expenses from Seller.

         3. Taxes and Assessments. All taxes and assessments due and payable at the time of
     Closing, including the December, 2000, and December, 2001, tax bill shall be paid by Seller
     prior to or at Closing. All taxes and special assessments that become due and payable after
     Closing, excluding the December, 2001, tax bill shall be the responsibility of Buyer.

          4. Title Insurance. Buyer shall obtain a commitment for title insurance issued by
     Harbor Title, for an amount not less than the purchase price guaranteeing title on the
     conditions required herein. In the event the reservations, restrictions or easements ofrecord
     disclosed by said title commitment are, in the sole discretion of Buyer, deemed unreasonable,
     Seller shall have thilty (30) days from the date Seller is notified, in writing, of such
     unreasonableness ofrestriction and such unmarketability of title to remedy such objections.
     If Seller resolves such restrictions and remedies the title (by obtaining satisfactory title
     insurance or otherwise) within the time specified, Buyer agrees to complete this sale, as
     herein provided, within ten (10) days of written notification thereof. If Seller fails to resolve
     such restrictions or remedy the title within the time above specified, or fails to obtain
     satisfactory title insurance, this Agreement will be terminated, at Buyer's option. The
     premium for the owner's title policy shall be paid by Buyer.

         5. Survey. Buyer, at its own expense, may obtain a survey of the Premises, and Buyer
    or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If no
    survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as



G:\EDSI\F!LES\00100\1760\RPA-RESJ\9U7887.DOC
       to the location, boundaries and area of the Premises and improvements thereon without
       regard to any representations that may have been made by Seller or any other person. In the
       event that a survey by a registered land surveyor made prior to closing discloses an
       encroachment or substantial variation from the presumed land boundaries or area, Seller shall
       have the option of effecting a remedy within thirty (30) days after disclosure, or tendering
       Buyer's deposit in full termination of this Agreement, and paying the cost of such survey.
       Buyer may elect to purchase the Premises subject to said encroachment or variation.

          6. Personal Property and Fixtures. All personal property and fixtures, which Seller
       wishes to remove, shall be removed on or before Closing. Any personal property left on the
       Premises shall be the property of Buyer, who may dispose of same.

          7. Environmental Matters. Seller represents and warrants to Buyer that Seller has not
      disposed of any hazardous or toxic substances on or in the Premises. Such representation and
      warranty shall be deemed to have been made again by Seller as of the Closing. Seller agrees
      to indemnify Buyer and hold it harmless from and against any and all claims, demands,
      liabilities, costs, expenses, penalties, damages, and losses, including, but not limited to,
      reasonable attorneys' fees, resulting from any misrepresentation or breach of the warranty set
      forth in this paragraph, which representation and warranty shall survive the Closing.

           8. Condition of Premises and Examination by Buyer. No implied warranties of
      habitability, quality, condition, fitness for a particular purpose, or any other implied
      warranties shall operate between Seller and Buyer, and Buyer expressly waives any and all
      such implied warranties. Buyer understands and agrees that the premises is taken "as is,"
      subject to the express covenants, conditions and/or express warranties contained in this
      Agreement, also subject to the warranty of Seller that no hazardous substances have been
      placed on the premises. Buyer further says that it has personally inspected the premises and
      is satisfied with the condition of the land, and the buildings and improvements thereon, and
      that the property is being purchased as a result of such inspection and investigation and not
      due to any representations made by or on behalf of seller except for express warranties.

         9. Real Estate Commission. Buyer and Seller both acknowledge and agree that neither
     has dealt with any real estate agents, brokers or salespersons regarding this sale, and that no
     agent, broker, salesperson or other party is entitled to a real estate commission upon the
     closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless
     from any liability, including reasonable attorney fees, occasioned by reason of any person or
     entity asserting a claim for a real estate commission arising from actions taken by the other
     party.

         10. Closing. The closing date of this sale shall be on or before 60 days following the
     effective date of this Agreement ("Closing"). The Closing shall be conducted at the closing
     facilities of Harbor Title, 955 West Broadway, Muskegon, MI 49441, or at such other place
     as may be mutually agreed upon between the parties.

        11. Delivery of Deed. Seller shall execute and deliver a warranty deed to Buyer at
     Closing for the Premises.



G:\EDS!\FILES\001 00\ 1760\RPA-RES l\9U7 88 7.DOC
           12. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed Affidavit
       of Title.

          13. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller on
      the date of Closing.

          14. Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount
      required by law and to pay for the obtaining and recording of any instrument, which must be
      recorded to clear title to the extent, required by this Agreement, one-half of the closing fee,
      and the title insurance premium. Buyer shall pay for the cost of recording the warranty deed
      to be delivered at Closing and one-half of the closing fee. Each party shall pay their own
      attorney fees.

            15. General Provisions.

                 a. Paragraph Headings. The paragraph headings are inserted in this
           Agreement only for convenience.

                   b. Pronouns. When applicable, pronouns and relative words shall be read as
           plural, feminine or neuter.

                   c. Merger. It is understood and agreed that all understandings and agreements
           previously made between the Buyer and Seller are merged into this Agreement, which
           alone fully and completely expresses the agreement of the parties.

                    d. Governing Law. This Agreement shall be interpreted and enforced pursuant
           to the laws of the State of Michigan.

                  e. Successors. All terms and conditions of this Agreement shall be binding
           upon the parties, their successors and assigns.

                   f. Severability. In case any one or more of the provisions contained in this
           Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any
           respect, such invalidity, illegality, or unenforceability shall not affect any other provision
           of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
           unenforceable provision(s) had never been contained herein.

                 g. Survival of Representations and Warranties. The representations,
          warranties, covenants and agreements contained in this Agreement and in any instrument
          provided for herein shall survive the Closing, and continue in full force and effect after
          the consummation of this purchase and sale, and continue until all liabilities of Buyer
          have been fully satisfied.

                 h. Modification of the Agreement. This Agreement shall not be amended
          except by a writing signed by Seller and Buyer.



G:\EDSI\FILES\001 00\ 1760\RPA-RES l\9U788 7. DOC
                   i. Third-Party Beneficiaries. There are no third-party beneficiaries of this
             Agreement.

  WITNESSES:                                            SELLER/Bankhead Education
                                                        Consulting, a sole proprietorship

                                                                           1)



                                                        BUYER: CITY OF MUSKEGON,




    .:Cr~n-c         b.,;:,-,.,p'/5"-ey
Prepared by:
John C. Schrier
Parmenter O'Toole
175 W. Apple Avenue
P.O. Box 786
Muskegon, MI 49443-0786
Telephone: 231/722-5401




G:\EDS I\FILES\001 00\ 1760\RPA-RES l\9U788 7. DOC
         Commission Meeting Date: January 8, 2002




Date:      January 2, 2002
To:        Honorable Mayor & City Commission
                                                                   ,, f.l.(._,
From:      Planning & Economic Development Department              '-I'-'

RE:        Approval of Proposal from Charles Eckenstahler
           for Consulting Services for the LDFA SmartZone


SUMMARY OF REQUEST: To approve the attached Proposal/Contract
between Charles R. Eckenstahler and the City of Muskegon for services
related to the preparation of the Smartzone LDFA Plan.



FINANCIAL IMPACT: The amount of the Contract is $5,500. The City's
General Fund will pay this amount and will be reimbursed through LDFA
funds in the future.



BUDGET ACTION REQUIRED: None.



STAFF     RECOMMENDATION:      To   approve          the   attached
Proposal/Contract and authorize the   Mayor          to  sign the
Proposal/Contract.



COMMITTEE RECOMMENDATION: None.
                                                          RECEIVED
                                                          JAN O2 2002
                                                                                              llcnton Hnrbor
  2002-0J(f)                                              CITY OF MUSKEGON                          Michigan
                                                       Pl.ANNING DEPARTMENT                           119022



 PC-f
 PUBLIC CONSULTING TEAH
                                                                                              2 19-879-1012
                                                                                          FAX 2 19-879-53•10




December 27, 2001

Ca thy Brubaker-Clarke
Director of Community and Economic Development
City of Muskegon
933 Terrace Street
P. 0. Box 536
Muskegon,MI49443-0536

Dear Ms. Brubaker-Clarke;

We are pleased to present our proposed scope of services and qualifications to prepare a Development
and Tax Increment Financing Plan for the recently approved "Smmt Zone" Local Development
Financing Authority.

We have written our proposal according to our recent conversation and our understanding of the Smart
Zone requirements. We propose to prepare a document addressing the requirements of the LDF A, Act
P.A. 281 of 1986, as amended, including a summary of the current development plan, an estimate of
tax increment funds for the LDFA and a schedule of funding of specific projects to be undertaken.

Our proposed outline is as follows:

Section 1 - Introduction and General Overview
Section 2 - Summary of the Smmt Zone and Role of the LDFA
Section 3 - Development Plan Update (Section 15 requirements)
                A - Mission Statement of the Authority
                B - Description of the Development Area Boundaries
                C - Description of Public Properties in Relation to Streets and Roadways.
                D - Description of the Development Area in relations to Surrounding Land Use
                E - Description ofthe Development Area and Anticipated Infrastructure Improvements.
                F - Proposed Development Program
                G - Schedule oflmprovements and Programs
                H - Identification of any Property Acquisition and Disposition.
                I - Description of Zoning Changes, if any.
                J - Proposed Method of Financing
                K - Ability of the Authority to Arrange Financing
                L - Residential Population and Displacement of Persons
                                                 Page 2


Section 4 - Tax Increment Financing Plan (Section 17 requirements)
               A - Current assessed valuation
               B - Explanation of tax increment procedures
               C - Use of debt, if any contemplated
               D - Duration of TIF
               E - Estimate of annual captured assessed valuation and increment revenues
               F - Use of funds captured
               G - Impact of capture upon taxing jurisdictions


Appendix
                Resolution of determination of public purpose and adoption ordinance

Much of the information for the sections will originate from current information prepared as part of the
Smmt Zone application. We will need to schedule meetings with the City Assessor, Director of Public
Works, Zoning Administrator, and Smart Zone representatives to verify certain input data. As
discussed, I would also like to hold a preliminmy meeting with MEDC and Treasury review officials
to assure we address any of their concerns in our initial draft document.

I anticipate that it will require about sixty days to complete the assignment. In the first thirty days we
will hold two meetings. The first session will be to gather required information and confirm cost and
project scheduling. The second meeting will be a review of the estimated tax increment funds and
project expenses. Em-!y in the second month we would meet to review the draft plm1 in anticipation of
required public heming. Before the finalizing public hearing draft we would schedule and meet with
the state reviewers. I would attend the LDFA meeting (ifrequired) and the City Council public hearing
and adoption session to assist with presentation of the document.

I am prepared to unde1iake this assignment immediately for the fixed fee of five thousa11d five hundred
dollars ($5,500.00).    I would invoice for one-half of the fee upon completion of the two initial
meetings. The remaining invoice would be submitted upon delivery of the final document. We will
provide ten copies of the final document.

                                                                                        ACCEPTANCE


                                                                         City of Muskegon, Michigan
                                            lowofficesof   I   PARMENTER O'TOOLE
                                     175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
                                              Phone 231.722.1621 • Fax 231.722.7866 or 728.2206




      December 3, 2001


      Ms. Gail A. Kundinger, Clerk
      City of Muskegon
      P.O. Box 536
      933 Terrace Street                                   Re: Postponed motion in January
      Muskegon, MI 49443

      Dear Gail,

      On July 11, 2001, the City Commission voted and passed a motion "to postpone consideration of
      the question to te1minate the City Manager until Tuesday, January 8, 2002." You asked how this
      should be treated procedurally at the meeting on that day, which will be a regular meeting of the
      Commission. I am assuming that in the organizational meeting the day before, the manager will
      be appointed to continue, and that continued consideration of the motion to terminate will be, of
      course, inappropriate.

       None of the commissioners who moved to terminate at the regular meeting in July (7/10/01) is
       presently on the Commission, so withdrawing of the motion by a movant is not possible. Nor is
       it certain that the Commission can take the position that the new Commission is somehow legally
       prevented from considering a matter raised by the previous commission, since it was
       intentionally postponed until the January date, a date occun-ing after the election. Accordingly,
       some action must be taken, since it would, by vote of the Commission prior to the election, come
       up as an agenda item. I suggest a motion by a Commissioner:

                         "To refrain from further consideration of the question and previous motions to
                         terminate the City Manager, and take no further action in the matter."

       There are other ways, but they involve leaving the question up in the air, such as tabling, which
       makes it available to pull it off the table at a subsequent meeting, or doing nothing and ruling
       that the motion does not survive the election and changes in the Commission. Unce11ainty
       results from either of these, and I do not recommend them.




G. Thomas Johnson         Christopher L. Kelly        Keith L. McEvoy       OJC01111sf!          Retirtd              Poul T. Sorenson, 1920-1 966
John M. Briggs, Ill       Lindo S. Koore              Anno Urick Duggins    Thomas J. O'Toole    Robert L. Forsythe   George A. Parmenter, 1903-1993
Michael L. Rolf           Philip M. Staffon           Scott R. Sewick       Eric J. Fouri        Arthur M. Rude       Cyrus M. Poppen, 1903-1996
George W. Johnson         William J. Meier            Scott M. Knowlton     George D. Von Epps                        Harold M. Street, 1912-2000
W. Brod Groom             Jomes R. Scheuerle          Jennifer L. Hyllond
John C. Schrier                                       Jeffery A. Jacobson

G:IEDSI\FILES\00100\085011 \LETTER\9W6894.DOC
                                CITY OF MUSKEGON
                                 CITY COl\/lMISSION
                                  SPECIAL MEETThTG
                                      JULY 11, 2001
                                          1\t!inutes


The special meeting was called to order by Mayor Nielsen at 5:30 p.m. Also present were
Commissioners Benedict, Schweifler, Shepherd, Spataro, Asiakson, and Vice Mayor Sieradzki.

Mayor Nielsen led the Prayer and Pledge of Allegiance to the Flag.

Motion by Commissioner Benedict, seconded by Vice Mayor Sieradzki, to terminate the City
Manager, Bryon Mazade, by July 24, 2001 or accept his resignation by that date.

NO VOTE TAKEN.

The Mayor recognized Vern Kortering, Attorney for the City Manager. He stated that the City
.Nlanager would like to go into closed session.

Motion by Commissioner Benedict, seconded by Commissioner Aslakson, to go into closed
session at 5:35 p.m.

ROLL VOTE:            7 Yeas (Schweifler, Shepherd, Sieradzki, Spataro,
                      Aslakson, Benedict, Nielsen)
                      0Nays

MOTION PASSES

Motion by Aslakson, seconded by Schweifler, to go back in to open session at 6:15 p.m.

ROLL VOTE:            7 Yeas (Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
                      Schweifler)
                      0Nays

MOTION PASSES

Motion by Commissioner Schweifler, seconded by Commissioner Aslakson, to postpone
consideration of the question to terminate the City Manager until Tuesday, January 8, 2002.

ROLL VOTE:          . 4 Yeas (Schweifler, Shepherd, Spataro, Aslakson)
                     3 Nays (Nielsen, Sieradzki, Benedict)

MOTION PASSES




                                               1
Motion by Commissioner Aslakson, seconded by Commissioner Schweifler, to adopt a plan of
action to address the concerns of any City Commissioner regarding our City Manager' s
performance with input from all appropriate parties on or before September 11, 2001. (Six month
evaluation)

ROLL VOTE:                   6 Yeas (Spataro, Aslak:son, Benedict, Nielsen, Schweifler, Shepherd)
                             1 Nay (Sieradzki)

MOTION PASSES

Motion by Commissioner Aslakson, seconded by Commissioner Spataro, to adjourn at 6:31 p.m.

VOTE:                        7 Yeas
                             0 Nays

MOTION PASSES



Respectfully submitted,


 -~.Jcu.t-
 1
     - ,Y -   -
                  0
                  ~
                      •l! ,..!Lv,(jfl,:_,
                      , '•   •   '    ;f
                                      {}
Gail A Kundinger, CMC
City Clerk




                                                     2
          CITY OF MUSKEGON
           CITY COMMISSION MEETING
                               JULY 10,.2001
          CITY COMMISSION CHAMBERS                           @   5:30 P.M.


                                     MINUTES

   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, July 10, 2001.
   Mayor Fred J. Nielsen opened the meeting with a prayer after which 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 Lawrence
Spataro, John Aslakson, Jone Wortelboer Benedict, Robert Schweifler, and Clara
Shepherd; Assistant City Manager Lee Slaughter; City Attorney Tom Johnson; and City
Clerk Gail Kundinger.
  Vice-Mayor Sieradzki announced that it was Mayor Nielsen's birthday and the City
Commission purchased a cake for him.
2001-78 HONORS AND AWARDS:
               a. 2001 Mrs. Muskegon County International.
   Resolution was presented to Victoria Evans by Vice-Mayor Scott Sieradzki.
               b. Michigan Municipal League Award.
   Resolution was presented to Melanie Smith by Commissioner Aslakson.
2001-79   CONSENT AGENDA: Items listed under the Consent Agenda have been con-
sidered to be routine in nature and will be enacted in one motion. No separate dis-
cussion will be held on these items. If discussion of an item is required, it will be re-
moved from the Consent Agenda and be considered separately.
               a. Approval of Minutes. CITY CLERK
   SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meet-
ing that was held on Tuesday, June 26, 2001.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Approval of the minutes.
                d. Cemetery Building Renovation. LEISURE SERVICES
   SUMMARY OF REQUEST: To award a contract to VanderVen Construction to reno-
vate the outside of the Cemetery office.
   FINANCIAL IMPACT: $35,769. $70,000 was budgeted.
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: Approve
                e. Purchase of Property from Pakren Associates for the Bike Path.
                   PLANNING & ECONOMIC DEVELOPMENT
   SUMMARY OF REQUEST: Approval of resolution, purchase agreement and purchase
agreement addendum for property owned by Pakren Associates, which is required for
the continuation of the bike path along Laketon Avenue. The purchase price is
$11,000. The purchase agreement has already been signed by Pakren Associates.
    FINANCIAL IMPACT: Purchase will allow the Laketon Ave. bike path project to con-
tinue. The price for the property is $11,000 and the purchase will be completed with
funds received from the sale of the Chase Hammond Golf Course.
   BUDGET ACTION REQUIRED: None
    STAFF RECOMMENDATION: Staff recommends that the Mayor and Clerk sign the
resolution, purchase agreement and purchase agreement addendum, and recom-
mends that the City Commission authorize staff to complete the purchase according
to the terms of the agreement.
                f. Sale of Buiidable Vacant Lot on Yuba Street.            PLANNING &
                   ECONOMIC DEVELOPMENT
   SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot on Yuba
Street to Gracie Scott, of 937 Lighton, Muskegon, Ml. The lot is 77 x 132 feet, and is be-
ing offered to Ms. Scott for $3,000. She plans to use the land for the construction of a
1,448 sq. ft. single-family home with a two-stall attached garage. Ms. Scott is a partici-
pant in the City's In-Fill program. The price of the lot is set through the Jackson Hill
Marketing Plan at $3,000 and Ms. Scott submitted the only bid of $3,000.
     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 City's 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 the Clerk to sign said resolution.
     COMMITTEE RECOMMENDATION: The LRC approved the extension of the Jackson
Hill Marketing Plan late in 2000.
               g. Sale of Non-Buildable Lot on Marquette Ave.              PLANNING &
                  ECONOMIC DEVELOPMENT             .
    SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot on
Marquette Avenue to Linda Johnson of 1116 Marquette Avenue. Approval of this sale
will allow Ms. Johnson to expand her current yard. The subject parcel is being offered
to Ms. Johnson for $100. The parcel is located on a corner and there are no other ad-
jacent property owners. The other two lots previously owned by the City on that block
were sold to John Morrison last fall for additional yard space for his rental home.
   FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back on
the City's 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 the Clerk to sign the resolution.
               h. Sale of a Buildable Lot in Campbell Neighborhood. PLANNING &
                  ECONOMIC DEVELOPMENT
    SUMMARY OF REQUEST: A city-owned lot in Campbell neighborhood was adver-
tised for bid on June 17, 2001. The City did not receive other bids except from Mr.
Gary Smith in the amount of $10,025. The buyer understands the conditions and re-
quirements of the purchase agreement which includes construction of a single-family
residential home within 18 months, and existing trees shall not be cleared except to
accommodate the structure and driveway. Mr. Smith will build a 1500 sq. ft. house
with an attached 2-stall garage. Other policies will also apply.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Staff recommends approval to sell the property to Mr.
Gary D. Smith for $10,025.
               j.   Payment  Authorization, Emergency        Storm     Sewer   Repair.
                    DEPARTMENT OF PUBLIC WORKS
  SUMMARY OF REQUEST: Authorize payment to Felco Contractors Incorporated for
emergency storm sewer repair on Bourdon Street in May, 2001 .
   FINANCIAL IMPACT: $11,289.86
   BUDGET ACTION REQUIRED: None, will be charged to Public Works' Highway De-
partment budget.
   STAFF RECOMMENDATION: Recommended approval.
   Motion by Commissioner Schweifler, second by Vice-Mayor Sieradzki      to approve
the Consent Agenda with the exception of item b, c, and i.
   ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
              Spataro
               Nays: None
MOTION ADOPTED
2001-80 ITEMS REMOVED FROM THE CONSENT AGENDA
               b. Liquor License Request (1301 E. Apple). CITY CLERK
    SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommenda-
tion on a request from Bunty, Inc. to add a new Specially Designated Distributor li-
cense, to be held in conjunction with the proposed New Specially Designated Mer-
chant license.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: ALL Departments are recommending approval.
  Motion by Commissioner Aslakson, second by Commissioner Schweifler to recom-
mend approval of the addition of a new SOD license at 1301 E. Apple.
   ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Spataro, Aslakson
                Nays: Sieradzki
MOTION ADOPTED
                c. liquor License Request (1163 E. Laketon). CITY CLERK
    SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommenda-
tion on a request from PNS#9, Inc. to transfer all stock in the 2001 Class C licensed
business by dropping Alfonso Loera, deceased, as stockholder through transfer of his
10,000 shares of stock to new stockholder, Anita Loera.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: All Departments are recommending approval.
    Motion by Vice-Mayor Sieradzki, second by Commissioner Aslakson to approve the
transfer.
      ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
                 Benedict
                    Nays: None
MOTION ADOPTED
               i.   Revenue/Collections Administrator Position. CITY TREASURER
     SUMMARY OF REQUEST: To reclassify the current Deputy Treasurer position to Reve-
nue/Collections Administrator along with the salary pay range from range X to range
VIII of the non-represented employees' salary schedule.
  FINANCIAL IMPACT: Staff expects that the costs of the position changes will be
more than offset by:
   1) Reduction in accounts receivable days and improvement in the city's cash flow.
   2) Reduction in bad debts that are written off.
  3) Improved collections due to the knowledge of debtors ("slow-pays") that the
     City is focusing more attention to this area.
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: To approve the request to reclassify the position.
  COMMITTEE RECOMMENDATION: The Civil Service Commission approved the job
  description at their meeting on May 22, 2001.
   Motion by Commissioner Asiakson, second by Commissioner Spataro to approve
the Revenue/Collections Administrator Position.
   ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
              Nielsen
                Nays: None
MOTION ADOPTED
2001-80 PUBLIC HEARINGS:
                a. Request for an Industrial Facilities Exemption Certificate. Bekaert
                   Corporation. PLANNING & ECONOMIC DEVELOPMENT
    SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Bekaert
Corporation, 2121 Latimer, Muskegon, Michigan, a plant that fabricates high tech
mechanical spring wire, has requested the issuance of an Industrial Facilities Exemp-
tion Certificate. Total capital investment for this project is $233,000 in real property and
$2,999,364 in personal property for a total of $3,232,364. The project will result in the
creation of three employment opportunities while retaining six jobs. Bekaert's current
workforce is 73.
   FINANCIAL IMPACT: The City will capture certain additional property and income
taxes generated by the expansion.
   BUDGET ACTION REQUIRED: None
    STAFF RECOMMENDATION: Approval of the resolution granting an Industrial Facili-
ties Exemption Certificate for a term of 12 years for real property and 6 years for per-
sonal property.
   The Public Hearing opened at 6:04 p.m. to hear and consider any comments from
the public. Matthew Dugener explained the item. No public comments were heard.
   Motion by Commissioner Schweifler, second by Commissioner Shepherd to close
the Public Hearing at 6:09 p.m. and approve the issuance of an Industrial Facilities Ex-
emption certificate.
   ROLL VOTE: Ayes:   Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
              Schweifler
                Nays: None
MOTION ADOPTED
COMMUNICATIONS: None
CITY MANAGER'S REPORT: None
UNFINISHED BUSINESS: None
2001-82 NEW BUSINESS:
               a. Sister City Representation - Kamasi Ghana. BOB KUHN
   SUMMARY OF REQUEST: Director of Public Works, Robert Kuhn, is scheduled to be a
part of a mission trip to Kamasi Ghana in September 2001, He is requesting permission
to represent the City of Muskegon for the purpose of discussing the possibility of a fu-
ture Sister City relationship between Muskegon and Kamasi.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
    Motion by Commissioner Spataro, second by Commissioner Shepherd to authorize
Bob Kuhn to represent the City of Muskegon and his trip to Kamasi Ghana and enter
into discussion with them on the possibility of a future Sister City relationship between
Muskegon and Kamasi.
   ROLL VOTE: Ayes:  Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler,
              Shepherd
               Nays: None
MOTION ADOPTED
               b. Designation of voting delegates for Michigan Municipal league
                  Annual Meeting on September 12-14.2001. CITY CLERK
  SUMMARY OF REQUEST: To designate voting delegates for the Michigan Municipal
League Annual Business Meeting, September 12-14, 2001.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
  Motion by Commissioner Shepherd; second by Commissioner Spataro to designate
Mayor Nielsen and Vice-Mayor Sieradzki to represent the City Commission at the MML
Conference in September at Battle Creek.
   Motion amended by Commissioner Benedict, second by Vice-Mayor Sieradzki to
designate Commissioner Shepherd as the alternate.
   ROLL VOTE ON THE AMENDMENT:
               Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
               Sieradzki
               Nays: None
AMENDMENT ADOPTED
   ROLL VOTE ON THE ORIGINAL MOTION WITH THE AMENDMENT:
               Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
               Spataro
               Nays: None
MOTION WITH AMENDMENT ADOPTED
  Motion by Commissioner Aslakson, second by Commissioner Benedict to designate
Mayor Nielsen to carry the flag at the MML Conference.
   ROLL VOTE: Ayes: Nielsen, Shepherd, Sieradzki, Spataro, Aslakson, Benedict
               Nays: None
               Absent: Schweifler (stepped out of the room)
MOTION ADOPTED
               c. Large Meter Replacement. DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: To approve the proposal with Metron Fornier to replace 400
large meters 1½ inch through 8 inch at the cost of $946,798.
   FINANCIAL IMPACT: $946,798 Water/Sewer Fund
   BUDGET ACTION       REQUIRED: Initial cost will be made with cash on hand from water
and sewer funds.       A budget adjustment will be made during the second quarter
budget re forecast.    The meter replacement program is expected to pay for itself with
recovered revenue     in two to five years.
   Motion by Vice-Mayor Sieradzki, second by Commissioner Schweifler to approve
the large meter replacement.
   ROLL VOTE:    Ayes:      Benedict, Nielsen, Schweifier, Shepherd, Sieradzki, Spataro,
Aslakson
                Nays: None
Motion Adopted
                d. Replace Water Services on Marquette. ENGINEERING
    SUMMARY OF REQUEST: To authorize Jackson Merkey, the contractor on the
County Force Main project, to replace the galvanized water services they encounter
while placing the force main with copper services. Jackson Merkey would bill the City
directly for the cost of replacement which is expected to be around $50,000. The bill-
ing would be in accordance with the unit prices submitted on their bid. By authorizing
this work, the City would avoid the possible need to dig-up those "new" streets in the
near future. Most of the galvanized services are expected to be in Marquette be-
tween Getty & US-31 BR.
   FINANCIAL IMPACT: The cost of replacing about forty (40) galvanized water serv-
ices for an estimated cost of about $50,000.
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: To authorize Jackson Merkey to replace the services.
   Motion by Commissioner Spataro, second by Commissioner Aslakson to authorize
Jackson Merkey to replace the services.
   ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
              Nielsen
                Nays: None
MOTION ADOPTED
                e. Concurrence with the Housing Board of Appeals Notice and Order
                   to Demolish for the following:
                       11 186 & 186 ½    Strong.
                       ~ 2130 W. Sherman.      (Staff requested this item be withdrawn)
                       m_   247 W. Forest.
                       ~    286 Irwin.
    SUMMARY OF REQUEST: This is to request that the City Commission concur with the
findings of the Housing Board of Appeals that the above mentioned structures are un-
safe, substandrn·d, 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
demolition of the structures and that the Mayor and City Clerk be authorized and di-
rected to execute a contract for demolition with the lowest responsible bidder.
   FINANCIAL IMPACT: All are CDBG
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision
to demolish.
   VOTED ON SEPERATEL Y
   l ) 186 & 186 ½ Strong
   Motion by Commissioner Aslakson, second by Commissioner Schweifler to concur
with Housing Board of Appeals decision to demolish.
   ROLL VOTE: Ayes: Shepherd, Spataro, Aslakson, Benedict, Nielsen, Schweifler
                  Nays: Sieradzki
MOTION ADOPTED
   2) 2130 W. Sherman (item withdrawn - no action taken)
   3) 247 W. Forest
   Motion by Commissioner Spataro, second by Commissioner Schweifler to concur
with the Housing Board of Appeals decision to demolish.
   ROLL VOTE: Ayes: Spataro, Aslakson, Nielsen, Schweifler, Shepherd
                  Nays: Sieradzki, Benedict
MOTION ADOPTED
   4) 286 Irwin
   Motion by Commissioner Spataro, second by Commissioner Schweifler to concur
with the Housing Board of Appeals decision to demolish.
    Motion and second amended by Commissioner Spataro and Commissioner
Schweifler that within the next 30 days the owner is to put $5,000 in escrow and submit
a timeline satisfactory to staff; if this does not happen, we would concur with the Hous-
ing Board of Appeals decision to demolish.
   ROLi. VOTE ON MOTION WITH AMENDMENT:
                  Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
                  Spataro
                  Nays: None
MOTION AND AMENDMENT ADOPTED
                  f.   Core Communities Fund Application.    PLANNING & ECONOMIC
                       DEVELOPMENT
    SUMMARY OF REQUEST: To approve the resolution approving an application for a
Core Communities Fund loan from the Michigan Economic Development Corporation
in the amount of $1,000,000 for the development of a public seawall and boardwalk
improvements on the former Teledyne property. And to approve the Certification and
Repayment Agreement that outlines the repayment terms of the loan.
   FINANCIAL IMPACT: The Core Communities Initiative loan must be repaid from in-
crements captured by the Muskegon SmartZone LDFA amortized over a period of 15
years and at 3.5 percent interest. Annual payments to the MEDC will be approxi-
mately $86,000.
   BUDGET ACTION REQUIRED: !\lone
  STAFF RECOMMENDATION: To approve the resolution and Certification and Re-
payment Agreement.
   Motion by Commissioner Schweifler, second by Commissioner Aslakson to approve
the resolution for the application for the Core Communities fund loan.
   ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
              Aslakson
                Nays: None
MOTION ADOPTED
2001-83 A.NY OTHER BUSINESS:
   Commissioner Shepherd stated she received a call from Allen Avenue Church.
They would like to meet with their Community Officer on Wednesday night at 7:00 p .m.
reference a vandalism complaint. Assistant City Manager responded.
  Commissioner Benedict stated she was not notified of the July 9, 2001, Special
Meeting.
   Motion by Commissioner Benedict, second by Vice-Mayor Sieradzki to terminate
the City Manager effectively immediately or consider his resignation.
   At 8:00 p .m., the Mayor called for a recess.
   The Commission reconvened at 8:26 p.m.
   Motion by Commissioner Aslakson, second by Commissioner Schweifler to table this
item until the next meeting.
   ROLL VOTE: Ayes: Schweifler, Spataro, Aslakson
               Nays: Shepherd, Sieradzki, Benedict, Nielsen
MOTION FAILS
    Original motion and second amended by Commissioner Benedict and Vice-Mayor
Sieradzki to terminate the City Manager in two weeks at the next Commission Meeting
or consider his resignation.
   Motion by Commissioner Benedict, second by Vice-Mayor Sieradzki to call the
question.
   ROLL VOTE: Ayes: Shepherd, Sieradzki, Benedict, Nielsen
               Nays: Spataro, Aslakson, Sc hweifler
MOTION FAILS
   Motion by Commissioner Schweifler, sec ond by C ommissioner Spata ro to request
the Ma yor to e nforce the rules.
  At 9:04 p.m. the Mayor ca lled for a recess.
   The Commission reconvened at 9: 17 p.m.
   ROLL VOTE: Ayes: Spataro, Aslakson, Schweifler
               Nays: Sieradzki, Benedict, Nielsen, Shepherd
MOTION FAILS
   Motion by Commissioner Sc hweifler, second by Commissioner Sp ataro to suspend
the rules of the Commission.
   ROLL VOTE: Ayes: Benedict, ~ielsen, Shepherd, Sieradzki
               Nays: Spataro; Aslakson, Schweifler
MOTION FAILS
  Motion by Commissioner Benedict, second by Commissioner Shepherd to set a
Special Meeting for tomorrow at 5:30 p.m. to discuss the City Manager's termination.
   ROLL VOTE: Ayes: Benedict, Nielsen, Shepherd, Sieradzki
               Nays: Aslakson, Schweifler, Spataro
MOTION ADOPTED
   Motion by Commissioner Schweifler, second by Commissioner Aslakson to amend
the previous m otion to meet on the weekend or next week.
   ROLL VOTE: Ayes: Schweifler, Spataro, Aslakson
               Nays: Benedict, Nielsen, Shepherd, Sieradzki
MOTION FAILS
   Motion by Commissioner Spataro, second by Commissioner Schweifler to conduct
tomorrow's Special Meeting as a Public Hearing.
   ROLL VOTE: Ayes: Schweifler, Spataro, Aslakson
               Nays: Nielsen, Shepherd, Sieradzki, Benedict
MOTION FAILS
PUBLIC PARTICIPATION: Various comments were heard from the public.
2001-84 CLOSED SESSION: To discuss pending litigation.
   Motion by Commissioner Benedict, second by Commissioner Aslakson to go into
Closed Session at 9:45 p.m.
   ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
              Nielsen
               Nays: None.
MOTION ADOPTED
   Motion by Commissioner Aslakson, sec ond by Comry,issioner Benedict to retum
from Closed Session at 9:47 p.m .
  ROLL VOTE: Ayes:   Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
             Schweifler
               Nays: None
MOTION ADOPTED
   Motion by Commissioner Aslakson, second by Commissioner Schweifler to concur
with the City Attorney's recommendation for 696 W. Southern.
  ROLL VOTE: Ayes:   Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler,
Shepherd
              Nays: None
MOTION ADOPTED
ADJOURNMENT: The regular Commission Meeting for the City of Muskegon was ad-
journed at 9:48 p.m.



                                                                    

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