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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 25, 2008
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 25, 2008.
Mayor Warmington opened the meeting with a prayer from George Monroe
from the Evanston Avenue Baptist 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 Warmington, Vice Mayor Stephen Gawron,
Commissioners Lawrence Spataro, Steve Wisneski, Chris Carter, and Clara
Shepherd, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Ann Marie Becker.
Absent: Commissioner Sue Wierengo (excused)
2008-98 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Monday, November 10th.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Control System Annual Software Support. WATER FILTRATION
SUMMARY OF REQUEST: Renewal of the annual customer support for the
Wonderware control system software at the Water Filtration Plant.
FINANCIAL IMPACT: A one-time cost of $10,221.23.
BUDGET ACTION REQUIRED: None. This item is budgeted.
STAFF RECOMMENDATION: Staff recommends renewal of the annual software
customer support agreement at a cost of $10,221.23.
PLANNING &
C. Vacant Building Registration Ordinance Amendments.
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend the Code of Ordinances Chapter 10,
Section 107, Annual Registration of Vacant Buildings and Registration Fees, for the
purpose of making the ordinance easier for property owners to comply with and
easier for staff to administer.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of Chapter 10, Section
107 Annual Registration of Vacant Buildings and Registration Fees, specifically to
amend sub-section (b)(2) Applicability, sub-section (b)(3) Registration Statement
and Fees; Local Agent, sub-section (b)(4) Appeal Rights, sub-section (b)(6) Two-
Year Waiver, subsection (b)(7)(d) Exceptions.
D. Adoption of the 2006 Building Code. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting that the City
Commission adopt the 2006 Michigan Building Code and repeal all other
ordinances and parts of the ordinances that may conflict with the new code.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
E. Amend Chapter 30 of the Code of Ordinances – Fire Prevention. PUBLIC
SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting that the City
Commission amend Chapter 30 of the Code of Ordinances concerning Fire
Prevention and Protection. This includes the adoption of the 2006 International Fire
Code.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
F. Modifications to Traffic Signal Agreement at Laketon and Port City Blvd.
between City of Muskegon and Muskegon County Road Commission.
ENGINEERING
SUMMARY OF REQUEST: Accept the modification to the 1987 memorandum of
understanding between the City of Muskegon and the Muskegon County Road
Commission (MCRC) revising traffic signal responsibility from the City to MCRC and
the cost sharing from 50% - 50% to 75% - 25% MCRC – City respectively by
authorizing the Mayor to sign the Modification to Memorandum of Understanding
form. The modifications were the result of the County Road Commission extending
Quarterline to Laketon Avenue.
FINANCIAL IMPACT: None at this time, but the City will realize some energy and
maintenance savings due to changes in the percentages.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To accept the modifications and authorize the Mayor
to sign the agreement.
G. Budgeted Vehicle Replacement. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase one 580SM III backhoe from West
Michigan Power.
FINANCIAL IMPACT: $65,810 from equipment fund.
BUDGET ACTION REQUIRED: None. There is $67,500 budgeted for this purchase.
STAFF RECOMMENDATION: Approve purchase of one Case 580SM III backhoe
from West Michigan Power.
H. Adoption of the Michigan Water/Wastewater Agency Response Network
Resolution. WATER FILTRATION
SUMMARY OF REQUEST: To approve the resolution in support of the Michigan
Water/Wastewater Agency Response Network, and to appoint the Water Filtration
Plant Supervisor, or his designee, to represent the City of Muskegon with matters
concerning Michigan Water/Wastewater Agency Response Network.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the resolution and authorize the Mayor and
Clerk to sign the resolution.
I. Donation Program for 2008 Individual Income Tax Returns. INCOME TAX
SUMMARY OF REQUEST: Approval of multiple donations program for the 2008
income tax returns. Last year our goal was to increase the number of tax refunds
donated by 20-30%. Our goal was achieved, we increased the number of
donated refunds by 20.5% from the 2006 tax year. Each year we will feature two or
three donation options for the taxpayers.
For 2008 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 in check fees.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
J. Financial Policies. FINANCE
SUMMARY OF REQUEST: Periodically the Financial Policies of the City are reviewed
and revised to include policy changes or revisions adopted by the Commission or
necessitated to come into compliance with state or federal law since the last
update. The last time the Policies were updated was October 2006. Included with
this update, are changes to the Travel Policy meal reimbursements. The meal
reimbursement had not been changed in over ten years. Updates were also
made to the Procurement Card Policy to reflect changes made with Fifth Third
Bank.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the City of Muskegon Financial Policies as
updated October 2008.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Consent Agenda as presented.
ROLL VOTE: Ayes: Warmington, Wisneski, Carter, Gawron, Shepherd, and Spataro
Nays: None
MOTION PASSES
2008-99 PUBLIC HEARINGS:
A. Spreading of the Special Assessment Roll for Roblane Avenue, Quarterline
Road to Marlane Street. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Roblane Avenue from Quarterline Road to Marlane Street and to
adopt the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $25,027.20 would be spread against the five parcels
abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The public hearing opened to hear and consider any comments from the public.
No comments were made.
Motion by Commissioner Carter, second by Commissioner Wisneski to close the
public hearing and approve the spreading of the special assessment roll for
Roblane Avenue, Quarterline Road to Marlane Street.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, and Warmington
Nays: None
MOTION PASSES
Julius Lakatos, 462 Quarterline, spoke at the end of the meeting.
B. Spreading of the Special Assessment Roll for Isabella Avenue, Ambrosia
Street to Williams Street. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Isabella Avenue from Ambrosia Street to Williams Street and to
adopt the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $22,162.50 would be spread against the 26 parcels
abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The public hearing opened to hear and consider any comments from the public.
Comments were heard from Alicia Burns and Vanessa Lyons-Ingraham, reference
356 E. Isabella.
Motion by Commissioner Carter, second by Commissioner Wisneski to close the
Public Hearing and approve the spreading of the special assessment roll for
Isabella Avenue, Ambrosia Street to Williams Street.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, and Warmington
Nays: None
MOTION PASSES
C. Spreading of the Special Assessment Roll for Jiroch Street, Southern
Avenue to Irwin Avenue. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Jiroch Street from Southern Avenue to Irwin Avenue and to adopt
the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $48,691.12 would be spread against the 30 parcels
abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The Public Hearing opened to hear and consider any comments from the public.
Comments in opposition were heard from Paul Kurek, 1544 Jiroch and Sam
Turnipseed, 112 E. Grand.
Motion by Commissioner Spataro, second by Commissioner Wisneski to close the
public hearing and approve the spreading of the special assessment roll for Jiroch
Street, Southern Avenue to Irwin Avenue.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, and Wisneski
Nays: None
MOTION PASSES
D. Spreading of the Special Assessment Roll for Dale Avenue, Sanford Street
to Peck Street. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Dale Avenue from Sanford Street to Peck Street and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $9,024 would be spread against the four parcels
abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The Public Hearing opened to hear and consider any comments from the public.
No comments were made.
Motion by Commissioner Carter, second by Vice Mayor Gawron to close the
public hearing and approve the spreading of the special assessment roll for Dale
Avenue, Sanford Street to Peck Street.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wisneski, and Carter
Nays: None
MOTION PASSES
E. Spreading of the Special Assessment Roll for Seventh Street, Muskegon
Avenue to Webster Avenue. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Seventh Street from Muskegon Avenue to Webster Avenue and to
adopt the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $12,032 would be spread against the seven parcels
abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The Public Hearing opened to hear and consider any comments from the public.
No comments were made.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to close the
public hearing and approve the spreading of the special assessment roll for
Seventh Street, Muskegon Avenue to Webster Avenue.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wisneski, Carter, and Gawron
Nays: None
MOTION PASSES
F. Spreading of the Special Assessment Roll for Pine Street, Apple Avenue to
Western Avenue. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Pine Street from Apple Avenue to Western Avenue and to adopt
the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $93,118.80 would be spread against the 35 parcels
abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The Public Hearing opened to hear and consider any comments from the public.
Comments in objection were heard from Bill Lee representing Burger King, 928
Terrace.
Motion by Commissioner Spataro, second by Commissioner Shepherd to close the
public hearing and approve the spreading of the special assessment roll for Pine
Street, Apple Avenue to Western Avenue.
ROLL VOTE: Ayes: Spataro, Warmington, Wisneski, Carter, Gawron, and Shepherd
Nays: None
MOTION PASSES
2008-100 NEW BUSINESS:
A. Agreement – Digital Spectrum Enterprises. FINANCE
SUMMARY OF REQUEST: Since May 2005, the City has contracted with Digital
Spectrum Enterprises (DSE) for management of the City’s government access
channel. In exchange for these management rights, DSE broadcasts City
Commission meetings at no direct cost to the City. The current agreement with
DSE dates from May 2006 and was for a two-year period (with a one-year renewal
option). The renewal option was never formally exercised. Proposed is a three-
year agreement renewal with DSE. Terms of the agreement are substantially the
same as before but there are some adjustments:
1. Term is three years expiring November 30, 2011
2. Indemnification and Ownership clauses strengthened per City Attorney
3. Removed requirements for annual submission of financial statements and
board membership, instead making this information accessible to the
City, upon request. This is consistent with other contractual relationships
the City maintains.
FINANCIAL IMPACT: This contract entails no direct cost to the City. The City
benefits by having City Commission meetings broadcast at no cost.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of a three-year contract with DSE for
management of the government access channel.
Motion by Commissioner Spataro, second by Commissioner Carter to approve the
agreement between the City and Digital Spectrum Enterprises.
ROLL VOTE: Ayes: Warmington, Wisneski, Carter, Shepherd, and Spataro
Nays: None
Absent: Gawron (stepped out of the room)
MOTION PASSES
Ann Bratsburg, Digital Spectrum Enterprises, gave an update and thanked the
Commission.
B. Endorsement of the 2008 Update of the City of Muskegon Downtown and
Lakeshore Redevelopment Plan. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to endorse the Downtown and Lakeshore
Redevelopment Plan, with recommendations.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends endorsing the plan, with the
recommendations provided by Planning Commission.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
endorsing the plan, with specific recommendations, to adjust Map 4 to expand the
Core Planning Area along Western Avenue to 7th Street at their November 13th
meeting. The vote was unanimous with S. Warmington and J. Aslakson absent.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve the
endorsement of the 2008 update of the City of Muskegon Downtown and
Lakeshore Redevelopment Plan.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, and Warmington
Nays: None
MOTION PASSES
C. Police Command Agreement. CITY MANAGER
SUMMARY OF REQUEST: To approve a collective bargaining agreement with the
Police Command Unit (Command Officers Association of Michigan) for 2007 –
2009.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the proposed contract and authorize the
Mayor and Clerk to sign it.
Motion by Commissioner Spataro, second by Commissioner Shepherd to approve
the Police Command Agreement.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, and Warmington
Nays: None
MOTION PASSES
D. Consideration of 2009 Cost of Living Adjustment for Retirees. FINANCE
SUMMARY OF REQUEST: It is time to consider whether a cost of living adjustment
(COLA) should be awarded to City retirees. Under the City’s COLA program,
permanent cost of living increases are made to pensioners retired five years or
more. COLA payments are capped at 75% of the CPI and are payable only when
investment performance exceeds estimates and the COLA is deemed affordable.
In 2007, a 1.80% COLA was granted. This was split into two 0.90% pieces awarded
on July 1, 2007, and January 1, 2008, in order to move to a January 1 cycle.
The lump sum cost for a 2% benefit increase is $647,941. The actuary advises that
costs for lesser increases can be prorated - i.e., 1.0% COLA costs $323,970; 0.50%
costs $161,985. The actuary further advises that the dramatic investment losses
suffered by pension systems in recent months will likely push the City’s retiree group
to a funded status below 100% as of the next valuation – regardless of whether a
COLA is awarded.
Given the unprecedented economic and investment environment we are in, staff
recommends that a 0.50% retiree COLA be awarded January 1, 2009.
FINANCIAL IMPACT: The actuarial cost of this benefit enhancement is $161,985.
The most recent (12/31/07) actuarial valuation showed that the retiree group was
fully funded and required no City contribution for 2009. However, the economic
downturn and resultant investment losses almost certainly will mean a required City
contribution for 2010.
BUDGET ACTION REQUIRED: None at this time. Will require additional contribution
beginning 2010.
STAFF RECOMMENDATION: Approval of the resolution authorizing MERS to pay a
0.50% COLA to retirees retired five years as of January 1, 2009.
Motion by Commissioner Spataro, second by Commissioner Carter to approve the
resolution authorizing MERS to pay an additional 0.50% COLA to retirees retired five
years as of January 1, 2009.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, and Wisneski
Nays: None
MOTION PASSES
E. Fiber Optic Cable to Water Filtration Plant. CITY MANAGER
SUMMARY OF REQUEST: To approve a proposal to run fiber optics from an existing
cable at Bluffton School to the Water Filtration Plant in conjunction with the Pier
Safety program. The fiber will then be run from the plant to Pere Marquette Beach
to provide better access to the emergency beach camera. The fiber connection
at the Water Filtration Plant will provide better connectivity to other City facilities.
The City will pay a portion of the cost from Bluffton School to the Water Filtration
Plant.
FINANCIAL IMPACT: City to pay $4,500 of the $8,500 cost.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve this request.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
request to run the fiber optic cable to Water Filtration Plant.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wisneski, and Carter
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Julius Lakatos, 462 Quarterline, spoke at this time in
objection to the spreading of the special assessment of Roblane Avenue,
Quarterline Road to Marlane Street.
ADJOURNMENT: The City Commission Meeting adjourned at 6:45 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk