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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 \\\ ~ f------------\ 1-----+---j_____-i 1---- \ \ APPLE AVENUE '\ \ 297 Delaware Avenue Goodwill Industries Parcel # 24-205-235-0013-00 X Lot Size: 33' x 132' § I I RI IIILJ 1111 lltl EISABEL \ ~I I 0 I I I [j ~- OI 0 'i 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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