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CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 26, 2010
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, October 26,
2010.
Vice 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: Vice Mayor Stephen Gawron, Commissioners Sue Wierengo, Steve
Wisneski, Chris Carter, Clara Shepherd, and Lawrence Spataro, City Manager
Bryon Mazade, City Attorney John Schrier, and City Clerk Ann Marie Becker.
Absent: Mayor Stephen Warmington (excused).
2010-89 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the October 11th Commission
Worksession Meeting and the October 12th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Liquor License Request – Michigan Commerce Bank. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request to transfer all rights to renewal of an escrowed
2009 Class C Licensed Business with Dance-Entertainment Permit, located at 677
W. Laketon, Muskegon, from Cuti’s Sports Bar and Grill, Inc. to Michigan
Commerce Bank, with licenses to be held in Escrow.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
C. Amendments to the Zoning Ordinance – Modify Parking Restrictions.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Section 2326 (Off-Street
Parking and Loading) of Article XXIII (General Provisions) to modify parking
restrictions in the downtown parking overlay district. The amendment would
loosen the parking restrictions for small businesses that locate in to a previously
existing building.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their October 14th meeting.
D. Donation Program for 2010 Individual Income Tax Returns. INCOME
TAX
SUMMARY OF REQUEST: Approval of multiple donations programs for the 2010
income tax returns. Every year our goal is to increase the number of refunds
donated to our designated programs. Last year, 463 taxpayers donated their
refunds to our donation programs for a grand total of $2,386.
For 2010 the three donation programs are Lakeshore Trail Improvements,
Muskegon Recreational Center, and the Downtown Main Street.
FINANCIAL IMPACT: The average amount collected each year is $2,000. Each
donated refund saves the City approximately $1.25 in checks, fees and
postage.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
E. DDA Bond Refunding. FINANCE
SUMMARY OF REQUEST: Historically low interest rates make it possible to refund
the remaining bonds outstanding from the 1990 Mall redevelopment effort. The
original bonds were restructured and refunded in 2001 at significant savings to
the DDA/City. Because the City pledges limited full faith and credit taxing
power to repayment of the bonds, both the City and the DDA must take action.
Interest rates are very favorable and a recent analysis shows that these bonds
can be refunded a second time with projected present value savings of
$102,858 (after issuance costs). This equates to 5.13% of the outstanding
principal. A general rule of thumb is that PV savings should equal at least 2% of
bond principal in order to proceed with a refunding.
FINANCIAL IMPACT: Present value savings of $102,858 (after issuance costs).
BUDGET ACTION REQUIRED: None at this time. Interest savings will be reflected
in future years’ DDA budgets.
STAFF RECOMMENDATION: Adoption of the bond authorizing resolution.
F. City – MDOT Agreement for Traffic Signals Upgrade to Box Span Along
Laketon at Hoyt, Getty and Roberts. ENGINEERING
SUMMARY OF REQUEST: To adopt the resolution and approve the contract with
MDOT to upgrade four traffic signals along Laketon Avenue at Hoyt, Wood,
Getty and Roberts and to authorize the Mayor and Clerk to sign said contract.
The upgrade at the Wood Street intersection consists of installing left turn
movement detection. As for the other three intersections; convert the signals
into Box Span which will make it easier for traffic to see and thus safer
intersections.
FINANCIAL IMPACT: The estimated cost of the project is $275,400 of which MDOT
pays up to $215,200 toward participating items of work and the remaining is the
City’s share.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both
Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, and Spataro
Nays: None
MOTION PASSES
2010-90 NEW BUSINESS:
A. eTax Withholding Software. INCOME TAX
SUMMARY OF REQUEST: The Income Tax Department seeks approval to enter
into a contract with InSource Solutions Group to purchase the eTax Withholding
program. The eTax Withholding tool enables business to make withholding
payments electronically, submit W-2’s electronically, and print withholding
booklets directly off our website.
FINANCIAL IMPACT: This product alone will save our department $3,000 annually
because we will no longer have to print and mail over 1,200 withholding
booklets. Companies that withhold will simply login to our website to download
all the necessary forms. Also, they can submit their monthly or quarterly
payments online.
BUDGET ACTION REQUIRED: $7,500/one time set up fee
$2,500 Annual Maintenance
$ 75/per month Hosting
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the contract with InSource Solutions Group.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, and Wierengo
Nays: None
MOTION PASSES
B. 2010 National League of Cities Membership Dues. CITY CLERK
SUMMARY OF REQUEST: The 2010 National League of Cities Membership Dues
has been received.
FINANCIAL IMPACT: $3,813.
BUDGET ACTION REQUIRED: Not budgeted for.
STAFF RECOMMENDATION: None.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the National League of Cities membership dues payment.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Wierengo, Wisneski, and Carter
Nays: None
MOTION PASSES
C. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
753 Oak Avenue (REMOVED PER STAFF REQUEST)
1554 Pine Street (Area 11)
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structure is unsafe,
substandard, a public nuisance and that it be demolished within 30 days. It is
further requested that administration be directed to obtain bids for the
demolition of the structure 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.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Shepherd, second by Commissioner Wierengo to
concur with the Housing Board of Appeals notice and order to demolish 1554
Pine Street.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Wierengo, and Wisneski
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 5:58 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk