City Commission Minutes 10-23-2007

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                     OCTOBER 23, 2007
    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 23,
2007.
   Mayor Warmington opened the meeting with a prayer from Pastor Penny
Johnson from Oak Crest Church of God 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 Clara Shepherd, Lawrence Spataro, Sue Wierengo, Steven
Wisneski, and Chris Carter, City Manager Bryon Mazade, City Attorney John
Schrier, and City Clerk Ann Marie Becker
2007-88 HONORS AND AWARDS:
      A. Employee Service Awards. CIVIL SERVICE
Civil Service Commission Chairperson, David-George Newsome, presented the
Service Awards to the City employees thanking them for their years of service.
2007-89 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the October 8th Commission
Worksession, and the October 9th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Rescind the Vacation of the Undeveloped Portion of Frisbie Street.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Rescind the vacation of the undeveloped portion of
Frisbie Street south of Palmer and west of McGraft Church.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends that the City Commission rescind
the vacation of the undeveloped portion of Frisbie Street south of Palmer and
west of McGraft Church.
COMMITTEE RECOMMENDATION:         The Planning Commission unanimously
recommended rescinding the vacation at their October 16, 2007, meeting with
B. Mazade and B. Smith absent.
                                                   PLANNING & ECONOMIC
     C. Vacation of a Portion of Frisbie Street.
        DEVELOPMENT
SUMMARY OF REQUEST: Request for the vacation of the east 33 ft. of the
unimproved Frisbie Street, located between Block 531 and 532, City of
Muskegon Revised Plat of 1903.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends vacation of the east 33 ft. of
Frisbie Street as described in the resolution.
COMMITTEE RECOMMENDATION:       The Planning Commission unanimously
recommended the vacation with J. Aslakson, T. Harryman, and T. Michalski
absent.
     D. Liquor License Transfer Request for Captain Jack’s, LLC, 1601 Beach.
        CITY CLERK
SUMMARY OF REQUEST:         The Liquor Control Commission is seeking local
recommendation on a request from Captain Jack’s, LLC to transfer ownership of
the 2007 Class C-SDM licensed business with Dance-Entertainment Permit,
Outdoor Service (2 Areas), Drive-Up Window (without alcoholic beverage sales)
and 2 Bars located at 1601 Beach Street, Pavilion Building, from BLMC
Enterprises, Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
                                                                         CITY
     F. Liquor License Transfer Request for AGZ, Inc., 313 W. Laketon.
        CLERK
SUMMARY OF REQUEST:        The Liquor Control Commission is seeking local
recommendation on a request from AGZ, Inc. to transfer ownership of the 2007
Class C-SDM licensed business with Dance-Entertainment Permit located at 313
W. Laketon Avenue from The Castle Inn, Inc. (Time Out Lounge).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Consent Agenda as read minus item E.
ROLL CALL: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
             Nays: None
MOTION PASSES
2007-90 ITEM REMOVED FROM THE CONSENT AGENDA:
      E. Liquor License Transfer Request for Amigos, Inc., 1848 E. Sherman. CITY
         CLERK
SUMMARY OF REQUEST:         The Liquor Control Commission is seeking local
recommendation on a request from Amigos, Inc. to transfer ownership of the
2007 Class C-SDM licensed business located in escrow at 1934 Peck, Muskegon,
from Sherm’s Saloon, Inc. and transfer location to 1848 E. Sherman, Suite M.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:          Approval contingent upon payment of personal
property taxes.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the liquor license transfer request for Amigos, Inc., at 1848 E. Sherman.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro
             Nays: None
MOTION PASSES
2007-91 NEW BUSINESS:
      A. MERS Health Care Savings Program Enabling Resolution. FINANCE
SUMMARY OF REQUEST: The resolution authorizes the city to participate in the
MERS Health Care Savings Program (HCSP). HCSP is a program that allows
employees to set aside funds in a tax-favored account to use for post-
employment medical purposes. Funds are contributed to individual employee
accounts before tax withholding and are not taxed at time of withdrawal if used
for eligible medical purposes.
The city benefits from adopting HCSP in two ways.
         •   Wages allocated to the HCSP are exempt from FICA/Medicare
             taxes for both employee and employer. Thus for every $100 in
             salary directed to HCSP, the city (and employee) each save $7.65
             in FICA/Medicare taxes that would otherwise be paid.
         •   The program establishes an efficient means for employees to fund
             their own retiree healthcare expenses. The city provides basic
             retiree healthcare coverage, but there are many areas not
             covered. As it is unlikely the city will be extending this coverage, the
             HCSP is a good tool to help employees save to meet future
             healthcare needs.
At this time we are recommending that the resolution be adopted so that the
program is ready for use in the future. The first actual use would likely be for non-
union employees as part of the 2008 salary and benefit changes (considered by
the Commission in December). Some unions have expressed interest as well
and we would like to have the program available for discussion in negotiations.
FINANCIAL IMPACT: Potential FICA/Medicare savings to the City.
BUDGET ACTION REQUIRED: None. The program entails no direct costs to the
City (other than minor administrative costs) but may result in significant
FICA/Medicare tax savings, depending on the extent to which it is adopted by
employee groups.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to authorize
the City to participate in the MERS Health Care Savings Program.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
             Nays: None
MOTION PASSES
      B. Congress of Cities Voting Delegates. CITY CLERK
SUMMARY OF REQUEST: To designate one of our officials who will be in
attendance at the National League of Cities Annual Business Meeting to cast
the City’s vote; and, if possible, to designate an alternate.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Carter, second by Commissioner Wierengo to appoint
Commissioner Shepherd to be the voting delegate at the National League of
Cities Annual Business Meeting.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
             Nays: None
MOTION PASSES
2007-92 ANY OTHER BUSINESS:
Commissioner Spataro stated that members of the Muskegon Turnback
Committee expressed concerns reference the proposed speed limit on
Muskegon and Webster Avenues. It was suggested that this be discussed further
at a Worksession Meeting inviting the Turnback Committee, Nelson
Neighborhood Association, and businesses.
Mayor Warmington attended the Muskegon County Land Bank Authority
meeting and discussion was held reference 775 Washington.
City Manager Bryon Mazade stated that we are working with a potential
developer for Edison Landing.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
authorize staff to accelerate the special assessment of Edison Landing if an
agreement is not reached by October 30, 2007.
ROLL VOTE: Ayes:     Gawron, Shepherd,    Spataro,   Warmington,   Wierengo,
           Wisneski, and Carter
           Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:38 p.m.


                                         Respectfully submitted,




                                         Ann Marie Becker, MMC
                                         City Clerk

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