City Commission Minutes 11-12-2013

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                    NOVEMBER 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, Michigan at 5:30 p.m., Tuesday, November 12,
2013.
Mayor Gawron opened the meeting with a prayer from Pastor Marcy Miller from
Samuel Lutheran Church 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 Lea Markowski, Eric Hood, Willie German, Sue Wierengo, and
Byron Turnquist, City Manager Franklin Peterson, City Attorney John Schrier, and
City Clerk Ann Marie Cummings.
2013-87 HONORS AND AWARDS:
      A. 2013 Employee Service Awards.
Mayor Gawron, City Commissioners, and City Manager Franklin Peterson
presented the Service Awards to the City employees thanking them for their
years of service.
      B. Recognition of JAAR Partnerships Participation in the Second Annual
         Police “GOOD BUDDY BUCKS” Program.
Chief Jeffrey Lewis presented a Resolution for Recognition of JAAR Partnerships
participation in the second annual Police “Good Buddy Bucks” Program.
      C. Muskegon Police Department Citizen Certificate of Appreciation for
         Diane Kooi.
Chief Jeffrey Lewis presented a Citizen Certificate of Appreciation to Diane Kooi
for her life saving activity on July 19, 2013.
      D. Recognition of Fall 2013 Citizen’s Police Academy Graduates.
Chief Jeffrey Lewis and Denny Powers, Police-Community Coordinator,
presented Resolutions to the fall 2013 Citizen’s Police Academy Graduates.



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2013-88 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST:          To approve minutes of the October 22nd City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Sludge Hauling and Disposal. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Ottawa
County Farms Landfill and Cordes Trucking for $23,634.
FINANCIAL IMPACT: $23,634.
BUDGET ACTION REQUIRED: Budgeted.
STAFF RECOMMENDATION: Staff recommends acceptance of the bid from
Ottawa County Farms Landfill and Cordes Trucking for sludge removal and
disposal.
      C. Moratorium on Fees for 2014 Vacant Buildings.               PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to approve a moratorium on fees charged to
owners of vacant buildings that are entering their sixth year billing cycle or under
in 2014. Eligibility requirements for the moratorium of fees charged are proposed
to remain the same as 2013. Moratoriums would be determined based on the
criteria included on the Vacant Building Registration Moratorium with one
addition to item number 3 of the criteria (in bold):
   3. There were no more than 2 environmental letters sent to the address with
no work being performed at the address in the vacancy years in question nor
did the City need to board the structure in order to secure it.
FINANCIAL IMPACT: Exact amount unknown, but should be minimal.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of a fee moratorium for
vacant building invoices meeting the approved criteria.
      D. Emergency Pump Replacement at Beach Street Lift Station.           PUBLIC
         WORKS
SUMMARY OF REQUEST: Authorize staff to purchase a new pump from Kennedy
Industries for the Beach Street Lift Station.
FINANCIAL IMPACT: Total cost $16,603.


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BUDGET ACTION REQUIRED: None, expenditures for the purchase would come
from the Sewer Budget.
STAFF RECOMMENDATION: Approve purchase.
     E. Acceptance of an Easement from ADAC Automotive, Inc. at the
        Southwest Corner of Keating and Port City Blvd. ENGINEERING
SUMMARY OF REQUEST: Accept a bike path easement from ADAC Automotive
Inc., to construct and maintain a bike path at the southwest corner of Keating
Ave. and Port City Blvd. and authorize the Mayor and Clerk to sign the
easement documents and direct staff to record said easement.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Accept easement and direct staff to record said
easement.
     F. Winter Closure of Beach Street between Lakeshore Drive and
        Beachwood Park from the 3rd Friday in December to the 3rd Friday in
        March. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to annually close Beach Street from
Lakeshore Drive to Beachwood Park. The closure would take effect from the
third Friday in December until the third Friday of the following March.
FINANCIAL IMPACT:      Cost of man-power to install signage/barricades, if
approved.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to annually install signage/barricades
for the Temporary 90-Day Closure of Beach Street.
     G. Approval of the Fair Housing Agreement with Muskegon County.
        COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: The Cities of Muskegon, Muskegon Heights, Norton
Shores and the County of Muskegon are entering into an agreement with the
Fair Housing Center of West Michigan to conduct fair housing testing in the
County of Muskegon per the recommendation of the 2009 Analysis of
Impediments Report.
FINANCIAL IMPACT: Based on population, the City of Muskegon will pay $4,675
of the $15,000 cost.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Agreement and authorize the Mayor
to sign.



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      H. Extending the Master Plan. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Michigan Zoning and Enabling Act requires that
municipalities review their Master Plan every five years and decide whether they
need to update it or extend the current plan. Staff feels that current plan
developed 1997, which was also updated in 2008, is still sufficient and that focus
should be put on the current zoning ordinance amendment.                  Planning
Commission unanimously voted in favor of extending the current Master Plan at
their special meeting on October 31. Staff is requesting permission to extend the
Master Plan and to authorize staff to distribute the Master Plan to surrounding
municipalities and ask for comments as required by the Michigan Zoning and
Enabling Act. The municipalities will have 63 days to comment, then the
Planning Commission will hold a public hearing to extend the current plan.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:             Approval to extend the Master Plan and
authorization to distribute the plan.
      I. Resolution Authorizing the SAW Grant Agreement. ENGINEERING
SUMMARY OF REQUEST: Adopt the resolution for the SAW Grant which Prein &
Newhof (engineer) was authorized back in June of this year to prepare.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Adopt the resolution.
Motion by Commissioner Wierengo, second by Commissioner Hood to accept
the Consent Agenda as presented.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Wierengo, Turnquist, and
           Markowski
             Nays: None
MOTION PASSES
2013-89 PUBLIC HEARINGS:
      A. Request for an Industrial Facilities Exemption Certificate – ADAC
         Plastics, 2050 Port City Blvd. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, ADAC
Plastics, 2050 Port City Blvd., has requested the issuance of an Industrial Facilities
Tax Exemption Certificate. The company will be making an investment of
$725,000 in real property improvements and plans on creating up to 90 jobs as
part of the overall project, qualifying them for a 12-year abatement.
FINANCIAL IMPACT:      The City will capture certain additional property taxes

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generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of 12 years on real property.
The Public Hearing opened to hear and consider any comments from the
public. John Shape, ADAC Automotive, explained the item and thanked the
City. Comments were heard from Ed Garner, Muskegon Area First.
Motion by Vice Mayor Spataro, second by Commissioner German to close the
Public Hearing and approve the resolution granting an Industrial Facilities
Exemption Certificate for a term of 12 years on the real property described.
ROLL VOTE: Ayes: Spataro, German, Wierengo, Turnquist, Markowski, Gawron,
           and Hood
            Nays: None
MOTION PASSES
      B. Request for an Industrial Facilities Exemption Certificate – ADAC
         Plastics, 2653 Olthoff Dr. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, ADAC
Plastics, 2653 Olthoff Drive, has requested the issuance of an Industrial Facilities
Tax Exemption Certificate. The company will be making an investment of
$926,270 in real property improvements and plans on creating up to 90 jobs as
part of the overall project, qualifying them for a 12-year abatement.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of 12 years on real property.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Hood, second by Commissioner Markowski to close
the Public Hearing and approve the resolution granting an Industrial Facilities
Exemption Certificate for a term of 12 years.
ROLL VOTE: Ayes: German, Wierengo, Turnquist, Markowski, Gawron, Hood, and
           Spataro
            Nays: None
MOTION PASSES
      C. Request for an Exemption of New Personal Property (PA 328) – ADAC


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         Plastics, 2050 Port City Blvd. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 328 of 1998, as amended, ADAC
Plastics, Inc., 2050 Port City Blvd., has requested an exemption of new personal
property. The company plans on investing over $5.7 million in personal property
improvements at two Muskegon locations and is seeking a 12-year exemption
on personal property. The exemption would include all new personal property
investments during the duration of the exemption. The company plans on hiring
90 employees as part of the overall project.
FINANCIAL IMPACT: The City will forgo 100% of the new personal property taxes
for the length of the abatement.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:           Approval of the exemption of new personal
property for a duration of 12 years.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Markowski, second by Vice Mayor Spataro to close the
Public Hearing and approve the request for an exemption of new personal
property (PA 328) for ADAC Plastics, 2050 Port City Blvd, for a duration of 12
years.
ROLL VOTE: Ayes: Wierengo, Turnquist, Markowski, Gawron, Hood, Spataro, and
           German
            Nays: None
MOTION PASSES
      D. Request for an Exemption of New Personal Property (PA 328) – ADAC
         Plastics, 2653 Olthoff Dr. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 328 of 1998, as amended, ADAC
Plastics, Inc., 2653 Olthoff Dr., has requested an exemption of new personal
property. The company plans on investing over $5.7 million in personal property
improvements at two Muskegon locations and is seeking a 12-year exemption
on personal property. The exemption would include all new personal property
investments during the duration of the exemption. The company plans on hiring
90 employees as part of the overall project.
FINANCIAL IMPACT: The City will forgo 100% of the new personal property taxes
for the length of the abatement.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:           Approval of the exemption of new personal
property for a duration of 12 years.


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The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Turnquist, second by Commissioner Wierengo to close
the Public Hearing and approve the exemption of new personal property for a
duration of 12 years for ADAC Plastics, 2653 Olthoff Dr.
ROLL VOTE: Ayes: Turnquist, Markowski, Gawron, Hood, Spataro, German, and
           Wierengo
            Nays: None
MOTION PASSES
2013-90 NEW BUSINESS:
      A. Transmittal of 6/30/13 Comprehensive Annual Financial Report.
         FINANCE
SUMMARY OF REQUEST: The City's June 30, 2013 Comprehensive Annual
Financial Report (CAFR) has previously been distributed to City Commissioners
via email and hard copy. The CAFR is also available on the City’s website at
www.shorelinecity.com. The CAFR includes the annual independent auditor’s
report required by state law. At this time the CAFR is being formally transmitted
to the City Commission. The CAFR has been prepared in accordance with all
current Governmental Accounting Standards Board (GASB) pronouncements
and also includes the single-audit of federal grants received by the City.
FINANCIAL IMPACT: The CAFR report summarizes the City’s financial activities for
the year and includes the independent auditor’s unqualified opinion on the
City’s financial statements.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Acceptance of the June 30, 2013, CAFR and
authorization for staff to transmit the CAFR to appropriate federal, state and
private agencies.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to accept
the June 30, 2013, CAFR and authorize staff to transmit the CAFR to appropriate
federal, state and private agencies.
ROLL VOTE: Ayes: Hood, Spataro, German, Wierengo, Turnquist, Markowski, and
           Gawron
            Nays: None
MOTION PASSES
      B. Supplemental MERS Contribution. FINANCE
SUMMARY OF REQUEST: One of the biggest financial challenges facing the City
is pension funding. Relative to other cities, Muskegon’s pension plans are

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considered very well-funded. Moreover, the city has already made difficult
choices – including closing defined benefit pensions to new hires – that will stop
the further accumulation of long-term pension liabilities. Still, paying down our
existing pension legacy costs will present budget challenges for many years to
come.
Based on successful financial results for the fiscal year ended June 30, 2013, staff
believes it is appropriate to take this opportunity to make a $500,000
supplemental payment (above the actuarial computed contribution amount)
to MERS. This is money that the city would be required to pay to MERS
eventually. Paying early - while we are in a position to afford it - ensures time
remains an ally (instead of an enemy) and will help ease pressure on future city
budgets.
FINANCIAL IMPACT: $500,000 supplemental payment to MERS. The impact to
the fund balance of the City’s general fund will be $300,000. The remaining
$200,000 will be paid from monies previously set aside for MERS in the collector
fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to make a supplemental $500,000
payment to MERS no later than December 31, 2013.
Motion by Vice Mayor Spataro, second by Commissioner Hood to authorize staff
to make a supplemental $500,000 payment to MERS no later than December 31,
2013.
ROLL VOTE: Ayes: Markowski, Gawron, Hood, Spataro, German, Wierengo, and
           Turnquist
            Nays: None
MOTION PASSES
      C. First Quarter 2013-14 Budget Reforecast. FINANCE
SUMMARY OF REQUEST: At this time staff is transmitting the First Quarter 2013-14
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: Major first quarter proposed adjustments are as follows:
     The actual FY13 year-end fund balance for the General Fund was
     $5,653,558 as compared to the estimated $5,552,504 used in preparing
     the FY14 budget.
     General fund revenues are estimated to be $103,042 higher than originally
     budgeted. The increase is attributable to higher building permit fees and
     state shared revenues.



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      General Fund expenditures are forecast to be $367,350 higher than
      originally budgeted:
          It is recommended that a supplemental $300,000 general fund
          contribution to MERS be made prior to year-end (see related agenda
          item).
          Inspection costs will be $58,000 higher than budgeted due to higher
          than anticipated building activity and permit revenues.
      Other city funds are mostly in-line with original budget projections. Some
      proposed changes to these funds include:
          Equipment fund revenues/expenditures are adjusted to reflect receipt
          of grant for police radios. Also, a large sewer jet truck purchase
          originally scheduled for FY13 was made in FY14.
          Sewer fund revenues/expenditures are adjusted to reflect receipt of
          grant for infiltration study.
          Marina & Launch Ramp fund revenues/expenditures are adjusted to
          reflect receipt of grant for dredging.
BUDGET ACTION REQUIRED: City Commission approval of this reforecast will
formally amend the City’s 2013-14 budget.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Hood, second by Commissioner German to approve
the budget reforecast for 2013-2014.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Wierengo, Turnquist, and
           Markowski
            Nays: None
MOTION PASSES
      D. Rental Program and Environmental Code Compliance Professional
         Services Agreement. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the Agreement with SafeBuilt of Michigan,
Inc. to provide rental program and environmental code compliance services to
the City of Muskegon, including the Lease Agreement (Exhibit C). The Vacant
Building and Dangerous Building programs will remain with the Community &
Economic Development Division, with a supervisor and an inspector.
FINANCIAL IMPACT: The contract will save the City on costs associated with the
rental program and environmental code compliance services. Also, it is
anticipated that additional funds will be generate through broader
enforcement and oversight of all programs.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the agreement between the City of
Muskegon and SafeBuilt of Michigan, Inc. and to authorize the Mayor and


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Clerk to execute the contract at the discretion of City staff on or after
December 1, 2013.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to approve
the agreement between the City of Muskegon and SafeBuilt of Michigan, Inc.
and to authorize the Mayor and Clerk to execute the contract at the discretion
of City staff on or after December 1, 2013.
ROLL VOTE: Ayes: Hood, Spataro, German, Wierengo, Turnquist, Markowski, and
           Gawron
            Nays: None
MOTION PASSES
      E. Next Michigan/West Michigan Economic Partnership – Interlocal
         Agreement for the West Michigan Economic Development Partnership.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The West Michigan Economic Partnership (WMEP) Board
is prepared to recommend Next Michigan zones for our jurisdictions at their next
meeting on November 13, 2013. Once approved by the WMEP, the zones will
be forwarded to the Michigan Economic Development Corporation (MEDC) for
final approval. Once the zones are approved, the MEDC, as well as local
entities, may start marketing them for development. In addition, the WMEP is
expected to receive a marketing grant from MEDC to assist with its efforts. The
zone recommended for Muskegon starts at the Mart Dock property and
proceeds to the Verplank property, along the shoreline. It is anticipated that
additional land may be added in the future (i.e., the Consumers Energy
parcel/s).
FINANCIAL IMPACT: WMEP has established a budget of $69,314 for a two-year
period. Each of the five participating municipalities will be responsible for
$9,862.80. In Muskegon’s case, we have commitments from Mart Dock,
Verplank, Consumers Energy, the County and the City to meet the budget.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To recommend approval to the WMEP for the Next
Michigan Zone for Muskegon, as depicted on the map. The zone starts at Mart
Dock on the west and proceeds along the Muskegon Lake shoreline to the
Verplank property on the east.
Motion by Commissioner Hood, second by Commissioner Turnquist to approve
the Next Michigan/West Michigan Economic Partnership – Interlocal Agreement
for the West Michigan Economic Development Partnership.
ROLL VOTE: Ayes: Spataro, German, Wierengo, Turnquist, Markowski, Gawron,
           and Hood



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           Nays: None
MOTION PASSES
     F. Concurrence with the Housing Board of Appeals Notice and Order to
        Demolish the Following: PUBLIC SAFETY
        224 W. Grand
        850 Turner
        860 Emerson (Garage Only)
        1324 Pine
        1459 Terrace
        868 W. Hackley
        345 W. Grand
        709 E. Apple (Remove Concrete from Second Garage Only)
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 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 directed to execute a contract for demolition with the lowest responsible
bidder.
FINANCIAL IMPACT: CDBG Funds, and CDBG Funds or General Fund depending
on State Historic Preservation Office determination for 1459 Terrace.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:        To concur with the Housing Board of Appeals
decision to demolish.
Motion by Vice Mayor Spataro, second by Commissioner German to concur
with the Housing Board of Appeals notice and order to demolish 850 Turner, 860
Emerson (garage only), 1324 Pine, 1459 Terrace, and 868 W. Hackley.
ROLL VOTE: Ayes: German, Wierengo, Turnquist, Markowski, Gawron, Hood, and
           Spataro
           Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Hood to concur with
the Housing Board of Appeals notice and order to demolish 224 W. Grand.
ROLL VOTE: Ayes: Wierengo, Turnquist, Markowski, Gawron, Hood, Spataro, and
           German


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           Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner German to concur
with the Housing Board of Appeals notice and order to demolish 345 W. Grand.
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 concur
with the Housing Board of Appeals notice and order to demolish 709 E. Apple
(remove concrete from second garage only).
ROLL VOTE: Ayes: Markowski, Gawron, Spataro, Wierengo, and Turnquist
           Nays: Hood and German
MOTION PASSES
ANY OTHER BUSINESS: Comments were made reference no sidewalks on Market
Street in the site plan for the new Farmer’s Market.
ADJOURNMENT: The City Commission Meeting adjourned at 7:40 p.m.


                                        Respectfully submitted,




                                        Ann Marie Cummings, MMC
                                        City Clerk




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