City Commission Minutes 02-12-2013

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                    FEBRUARY 12, 2013
    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, MI at 5:30 p.m., Tuesday, February 12, 2013.
Mayor Gawron opened the meeting with a prayer from Mr. George Monroe
after which the Commission and public recited the Pledge of Allegiance to the
Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro,
Commissioners Eric Hood, Willie German, Sue Wierengo, Byron Turnquist, and Lea
Markowski, City Manager Bryon Mazade, City Attorney John Schrier, and City
Clerk Ann Marie Cummings.
2013-10 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST:        To approve minutes of the January 22nd City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
     B. Gaming License Request from the West Michigan Symphony. CITY
        CLERK
SUMMARY OF REQUEST: The West Michigan Symphony, 425 W. Western Avenue,
Muskegon, MI, is requesting a resolution recognizing them as a non-profit
organization operating in the City for the purpose of obtaining a Gaming
License. They have been recognized as a 501(c)(3) organization by the State.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
     C. Second Quarter 2012-13 Budget Reforecast. FINANCE
SUMMARY OF REQUEST:       At this time staff is transmitting the Second Quarter

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2012-13 Budget Reforecast which outlines proposed changes to the original
budget that have come about as result of changes in revenue projections,
policy priorities, labor contracts, updated economic conditions, or other factors.
FINANCIAL IMPACT: No major changes to the budget were made for the
second quarter. Some marginal adjustments were made resulting in the
following:
   •   The projected year-end FY13 fund balance for the General Fund is
       $4,813,782 up slightly from $4,805,919 estimated at the first quarter
       reforecast. The FY13 operating deficit (expenditures over revenues) is
       expected to be $206,263 down from the first quarter reforecast ($214,126)
       and down from the original budget estimate ($575,738).
   •   General Fund revenues are reforecast to be $221,326 (-0.9%) lower than
       originally budgeted. Most of this decrease is due to the tax appeal
       settlement with Consumers Energy that was incorporated into the 1Q
       reforecast.
       º Total revenues for the first six months of the fiscal year are ahead of last
           year by about $250,000.
       º Income tax revenues are also ahead of last year’s pace by about 2%.
           If this trend continues, the revenue estimate for income tax will be
           increased from $7.2 million in the 3Q reforecast. Last year the final
           income tax figure was just over $7.4 million.
   •   General Fund expenditures are estimated to be $590,801 or 2.5% lower
       than originally budgeted mostly due to lower employee benefit costs.
       º Total expenditures through the first six months are $637,000 lower than
           last year at the same time.
   •   Other City funds are mostly in-line with budget projections. The Water
       fund is being monitored closely to determine if a rate increase will be
       needed.
BUDGET ACTION REQUIRED: City Commission approval of this reforecast will
formally amend the City’s 2012-13 budget.
STAFF RECOMMENDATION: Approval.
       D. Establish Terrace Plaza Ct. as Street Name. ENGINEERING
SUMMARY OF REQUEST: The section of public road between Terrace Plaza
building and the bank be assigned the name of Terrace Plaza Court (Ct.). This
section of road was a part of the old Terrace Street before it was realigned to
connect to Shoreline Dr. construction.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Assign the name of Terrace Plaza Ct. and authorize



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staff to install street name signs.
      F. Approval of Sale of City-Owned Vacant Lot at 1189 Terrace.
         COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and direct the Mayor and
Clerk to sign Quit Claim Deed to Mr. Ty Ross, of 1197 Terrace, for the vacant lot
at 1189 Terrace Street. Mr. Ross will purchase it for $1,000.
FINANCIAL IMPACT: The proceeds from the sale will be used to cover NSP1
projects.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct Community &
Neighborhood Services staff to file the Quit Claim Deed.
      G. New Police Cruisers. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase three new Chevy Caprice
patrol vehicles, total purchase price of $83,904 from Shaheen Chevrolet, the Mi
Deal (state contract) awarded dealership.
FINANCIAL IMPACT: $83,904.
BUDGET ACTION REQUIRED: None, amount is what was budgeted.
STAFF RECOMMENDATION: Authorize staff to purchase new Police cruisers from
Shaheen Chevrolet.
      H. Transportation Improvements Program Submittal for 2014-2017 Projects.
         ENGINEERING
SUMMARY OF REQUEST: Authorize staff to submit the list of projects to the West
Michigan Shoreline Regional Development Commission for inclusion in the FY
2014 – 2017 Transportation Improvement Program (TIP). Projects submitted will
be considered for Federal and State transportation funding. Adoption of the
resolution is required as part of the submittal to commit the local match should
funds become available.
FINANCIAL IMPACT: None at this time; however, a local match will be required
should we receive a grant for a particular project.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the project submittal and resolution.
      I. Contract Extension Agreement: One Year Street Sweeping Contract for
         2013. PUBLIC WORKS
SUMMARY OF REQUEST: To exercise the option for a one-year contractual
extension, as outlined in the previous three-year contract with TRI-US SERVICES,
INC., to provide street sweeping services for 2013.


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FINANCIAL IMPACT: $139,700.50 cost for one-year contract extension. Funds to
cover all expenses are budgeted. Trunkline expenses are reimbursed by State
funding.
BUDGET ACTION REQUIRED: None, monies appropriated in Highway and State
trunkline budgets.
STAFF RECOMMENDATION: Approve request to contract out service for one-
year extension as specified in previous contract.
     J. Proposal for Codification of City Ordinances. CITY CLERK
SUMMARY OF REQUEST: The City’s Code of Ordinances was last codified in 2002.
Many ordinances have been added, deleted, and/or changed since that time.
As ordinances are modified, other ordinances that may refer to these items are
not normally modified unless it is known.
The City has used the services of Municipal Code Corporation, out of
Tallahassee, FL for codification service for many years. They are a well known
company used by many municipalities in Michigan. They have submitted a
proposal for a legal review by a staff attorney and consultation to modify the
code. They will review existing ordinances as well as State laws and give
recommendations of proposed changes. When the project is complete, it will
be given to City Commission for consideration of adoption.
The project is estimated to cost $18,000 - $22,000 and can be paid over two
fiscal years.
We did receive another proposal from a company out of New York. Though
they estimate their cost to be $10,648, the proposal does not offer a legal
review, a necessity.
FINANCIAL IMPACT:    $10,000 has been budgeted in this fiscal year for this
project.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To authorize the Clerk to sign the agreement for
codification services of our City ordinances with Municipal Code.
     K. Encroachment Agreement – Placement of Public Benches. CITY CLERK
SUMMARY OF REQUEST: Our agreement with Perma Advertising, owner of the
benches placed throughout the community for public use has expired. The
proposed agreement to renew the contract is for ten years.
Changes to the proposed agreement include five benches for exclusive use of
the City to advertise (the previous agreement authorized three), allowance of
40 benches at locations approved by staff (current agreement allowed 35
benches), and Perma advertising also authorizes use of two additional benches
at the end of Wilcox Avenue for use of the public. The proposed agreement


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also gives the ability for the City Manager to approve additional benches within
the agreement period.
FINANCIAL IMPACT:       The City will collect a $5 per month, per bench,
encroachment fee.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement as presented.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to approve
the Consent Agenda with the exception of item E.
ROLL VOTE: Ayes: Spataro, German, Wierengo, Turnquist, Markowski, Gawron,
           and Hood
            Nays: None
MOTION PASSES
2013-11 ITEM REMOVED FROM THE CONSENT AGENDA:
      E. Approval of Building Procurement Contractor for Community &
         Neighborhood Services. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: Award the Procurement Building Contract to Schmidt
Roofing and Construction for the 2013 year to be used by the Community &
Neighborhood Services for HOME rental projects.
The CNS office solicited bids through public notices for a variety of trades.
FINANCIAL IMPACT: The funding for all projects would be used from the income
received from our Rental/Lease Program.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:       To approve the selected Building Contractor
through the Procurement Process.
Motion by Commissioner Turnquist, second by Commissioner Wierengo to
approve the selected building procurement contractor for Community &
Neighborhood Services.
ROLL VOTE: Ayes: German, Wierengo, Turnquist, Markowski, Gawron, Hood, and
           Spataro
            Nays: None
MOTION PASSES
1013-12 NEW BUSINESS:
      A. 2013-2014 Labor Agreement with Police Command Union.                   CITY
         MANAGER
SUMMARY OF REQUEST:         To approve the tentative bargaining agreements

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between the City of Muskegon and the Police Command Union (Command
Officers Association of Michigan) for years 2013 and 2014.
FINANCIAL IMPACT: Previously provided.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the tentative agreements and the
resolution to change the pension benefits.
Motion by Vice Mayor Spataro, second by Commissioner Hood to approve the
2013-14 Labor Agreement with the Police Command Union as described.
PUBLIC PARTICIPATION: Public comments received.
2013-13 CLOSED SESSION: To Discuss Pending Litigation.
Motion by Commissioner Turnquist, second by Commissioner Wierengo to go
into Closed Session to discuss pending litigation.
ROLL VOTE: Ayes: Turnquist, Markowski, Gawron, Hood, Spataro, German, and
           Wierengo
           Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner German to come out
of Closed Session.
ROLL VOTE: Ayes: Markowski, Gawron, Hood, Spataro, German, Wierengo, and
           Turnquist
           Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:13 p.m.


                                          Respectfully submitted,




                                          Ann Marie Cummings, MMC
                                          City Clerk




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