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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 10, 2014
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, November 10, 2014.
Mayor Gawron opened the meeting with prayer from Pastor Wally Harrison from
Ecclesia 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 Dan Rinsema-Sybenga, Byron Turnquist, Ken Johnson, and Eric
Hood, City Manager Franklin Peterson, City Attorney John Schrier, and City Clerk
Ann Marie Cummings.
Absent: Commissioner Willie German (excused)
2014-85 HONORS AND AWARDS:
A. Recognition of Fall 2014 Citizen’s Academy Graduates. PUBLIC SAFETY
Public Safety Director Jeffrey Lewis and Police Community Coordinator Denny
Powers presented Resolutions to the fall 2014 Citizen’s Police Academy
Graduates.
2014-86 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the October 28th City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Moratorium on Fees for 2015 Vacant Buildings. PLANNING &
ECONOMIC DEVELOPMENT
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SUMMARY OF REQUEST: Request to approve a moratorium on fees charged to
owners of vacant buildings that are entering their seventh year billing cycle in
2015. Eligibility requirements for the moratorium of fees charged are proposed
to remain the same as 2014.
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.
C. Approval of the Housing Development Grant Agreement for Target
Market Analysis. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: The Cities of Muskegon, Norton Shores, Muskegon
Heights, along with the County of Muskegon, are interested in pursuing a Target
Market Analysis Study to forecast our future housing needs; this will enable each
City to have a tool for investors and developers and may lead to future
investment. The agreement is with MSHDA for a match up to $15,000 for this
study.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve and authorize the Mayor and the City
Manager to sign the documents for the analysis study.
D. MetroPCS First Amendment to the Tower Lease Agreement. PUBLIC
WORKS
SUMMARY OF REQUEST: Approve the staff negotiated amendment to the
contract with MetroPCS for tenant equipment upgrades to Nims Street water
tower and authorize the Mayor and Clerk to sign said amendment.
MetroPCS Michigan Inc. a Delaware limited liability company and the
Department of Public Works have been in negotiations to amend the 2009
Lease Agreement for the Nims Street water tower.
This First Amendment would allow MetroPCS to change the type of antennas
and perform other upgrade to its equipment but will not increase the number of
antennas currently installed on the tank.
FINANCIAL IMPACT: Monthly rental will increase from $1,970.77 per month to
$2,045.77 escalating at the rate of 3% annually for the life of the contract.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve this First Amendment to the 2009 Lease
Agreement and to authorize the Mayor and Clerk to sign.
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E. New Cingular Wireless Fourth Amended Tower Lease Agreement.
PUBLIC WORKS
SUMMARY OF REQUEST: Approve the staff negotiated amendment to the
contract with New Cingular Wireless to add three more antennas to the Marshall
Street water tower and authorize the Mayor and Clerk to sign said amendment.
New Cingular Wireless PCS, LLC a Delaware Corporation and the Department of
Public Works have been in negotiations to amend the Third Amendment to the
1998 Lease Agreement for the Nims Street and Marshall Street water towers.
This Fourth Amendment would allow New Cingular Wireless to install, on Marshall
Street water tower only, up to a total of 12 antennas, 3 additional antennas from
the current number of 9.
FINANCIAL IMPACT: Monthly rental will increase from $9,077.54 per month to
$9,877.54 escalating at the rate of 3% annually for the life of the contract which
ends in 2018.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Fourth Amendment to the 1998
Lease Agreement and to authorize the Mayor and Clerk to sign.
F. City Legal Services Contract. CITY MANAGER
SUMMARY OF REQUEST: The contract with Parmenter O’Toole expires December
31, 2014. We are requesting approval of a six-month extension so that the legal
service contract could correspond with the City’s fiscal year.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the six-month extension.
G. Amendment to the City Manager’s Employment Agreement. CITY
MANAGER
SUMMARY OF REQUEST: This is a request to delete paragraph 3(b) Retirement:
Deferred Compensation Proposal of the current employment agreement and
amend paragraph 2 Salary to add the current deferred compensation into the
current salary.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Spataro, second by Commissioner Johnson to approve
the Consent Agenda as read.
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ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and
Spataro
Nays: None
MOTION PASSES
2014-87 NEW BUSINESS:
A. Transmittal of 6/30/14 Comprehensive Annual Financial Report.
FINANCE
SUMMARY OF REQUEST: The City’s June 30, 2014, 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 as 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 unmodified opinion on the
City’s financial statements.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Acceptance of the June 30, 2014, CAFR and
authorization for staff to transmit the CAFR to appropriate federal, state and
private agencies.
Motion by Vice Mayor Spataro, second by Commissioner Hood to accept the
June 30, 2014, CAFR and authorize staff to transmit the CAFR to appropriate
federal, state and private agencies.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and
Spataro
Nays: None
MOTION PASSES
B. Commission Election Dates. CITY CLERK
SUMMARY OF REQUEST: At the September Worksession Meeting, the City
Commission was given the option to move City Commission Elections to even
years based on the percentage of voter turn-out. Commission asked this be
placed on the November agenda for discussion.
FINANCIAL IMPACT: None.
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BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
Commission discussed this item and asked that it be brought back to them at a
Worksession sometime in the first quarter of 2015.
2014-88 ANY OTHER BUSINESS:
A. On-Street Parking.
This item was discussed and Commission asked staff to prepare an item for the
November 25th City Commission Meeting.
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 7:32 pm.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
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