City Commission Minutes 08-11-2009

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      CITY OF MUSKEGON
        CITY COMMISSION MEETING
                       AUGUST 11, 2009
     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, August 11, 2009.
   Mayor Warmington opened the meeting with a prayer from Pastor Tim Cross
from the Living Word 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 Clara Shepherd, Lawrence Spataro, Steve Wisneski, and Chris
Carter, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Ann Marie Becker.
   Absent: Commissioner Sue Wierengo (excused).
2009-69 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, July 28, 2009.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Liquor License Request for Waterworks GR, LLC, 730 Terrace Point
         (Rafferty’s Dockside Restaurant). CITY CLERK
SUMMARY OF REQUEST:          The Liquor Control Commission is seeking local
recommendation on a request from Waterworks GR, LLC to transfer ownership of
2009 Class C and SDM Licensed Business located in Escrow with Entertainment
Permit without Dressing Rooms, Dance Permit, Outdoor Service Area (1 Area),
Official Permit (Food), and 3 Bars from Key Food & Equipment Company
(Rafferty’s), and request to change the Existing Entertainment without Dressing
Rooms to Dance-Entertainment Permit and requests New Official Permit (Dance-
Entertainment & Food) for weekdays, 5:00 a.m. to 7:00 a.m. and Sundays, 5:00 a.m.
to 12:00 p.m., and add Enlarge Outdoor Area.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
      D. Renewal of Maintenance Contract with MDOT Trunkline Within the City of
         Muskegon. PUBLIC WORKS
SUMMARY OF REQUEST: The Michigan Department of Transportation seeks to
renew its contract with the City of Muskegon for road maintenance on State
Highways located within the City of Muskegon.
The City of Muskegon designates Mohammed Al-Shatel, its Deputy Director of
Public Works, as the Maintenance Superintendent on state trunkline highways, and
authorizes him and Ann Marie Becker, City Clerk, to execute this contract on the
City’s behalf.
This is a five-year, renewable contract.
FINANCIAL IMPACT: Our annual contract with MDOT is approximately $221,000.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Recommend approval of the five-year contract and
the designation of Mohammed Al-Shatel as the Maintenance Superintendent, and
authorize him and Ann Marie Becker, City Clerk, to execute the contract on the
City’s behalf.
      G. Revised Family and Medical Leave Act Policy. CIVIL SERVICE
SUMMARY OF REQUEST: Pursuant to the January 16, 2009, Federal revisions to the
Family and Medical Leave Act, Civil Service modified the City’s FMLA policy to
come into compliance with the amended act. The Civil Service Commission
approved and adopted the revised policy at its July 2, 2009, meeting. Since the
City Commission approved and adopted the 1993 policy, staff requests approval
and adoption of the revised policy to replace the 1993 policy of record.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff respectfully requests approval and adoption of
the revised FMLA policy to replace the previously adopted 1993 policy to bring the
City in compliance with the FMLA’s requirements.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve the
Consent Agenda as read minus items C, E, and F.
ROLL VOTE: Ayes: Spataro, Warmington, Wisneski, Carter, Gawron, and Shepherd
            Nays: None
MOTION PASSES
2009-70 ITEMS REMOVED FROM THE CONSENT AGENDA:
      C. Liquor License Request for Walgreen Co., 1000 S. Getty and 840 W.
         Sherman. CITY CLERK
SUMMARY OF REQUEST:         The Liquor Control Commission is seeking local
recommendation on a request from Walgreen Co. for two new SDM Licenses, one
to be located at 1000 S. Getty Street and the other one to be located at 840 W.
Sherman.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve the
liquor license request for Walgreen Co. for 1000 S. Getty and 840 W. Sherman.
ROLL VOTE: Ayes: Gawron and Spataro
            Nays: Warmington, Wisneski, Carter, and Shepherd
MOTION FAILS
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the liquor license request for Walgreen Co. for 1000 S. Getty.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, and Shepherd
            Nays: Spataro and Warmington
MOTION PASSES
      E. Request the City of Muskegon Pay the Electrical Costs to Light Basketball
         Courts at Clara Shepherd Park. LEISURE SERVICES
SUMMARY OF REQUEST: The Public Health Department of Muskegon County
received funding from the Michigan Department of Community Health’s “Building
Healthy Communities” program. The Nelson Neighborhood was awarded a grant
focusing on improving health in the community. A community survey and
assessment was done which determined that the installation of lights at the Clara
Shepherd Park Basketball courts will improve opportunities and extend physical
activities during the evening hours. The grant will cover installation costs of lights,
labor, materials, equipment, fixtures, excavation, and permits. Approval of annual
electrical costs during the dates of operation is requested.
FINANCIAL IMPACT: Estimated costs to the City of Muskegon for two 35’ wood
poles with two light fixtures attached burning 1500 watts each is $17 per pole for
each month of operation.
Public Health Department of Muskegon County will reimburse the City of
Muskegon for all installation costs of the lights; including labor, materials,
equipment, fixtures, excavation, and permits.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval.
COMMITTEE RECOMMENDATION:           The Leisure Service Board approved the
recommendation at their July 20, 2009, meeting.
Motion by Commissioner Shepherd, second by Commissioner Spataro to accept
the recommendation from the Leisure Service Board to pay the costs to light the
basketball courts at Clara Shepherd Park.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, and Warmington
            Nays: None
MOTION PASSES
      F. Association of Volleyball Professionals (AVP) Tournament – August 21 to
         23, 2009. CITY MANAGER
SUMMARY OF REQUEST: To approve waiving costs of providing City services
(except any police services for the alcohol service) for the AVP event on August
21–23, 2009.
FINANCIAL IMPACT: Minimal cost to the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To waive the costs of City services (except police
services for the alcohol) and authorize City staff to enter into an agreement with
the AVP for the event.
Motion by Commissioner Carter, second by Vice Mayor Gawron to approve the
waiving of costs for City services for the Association of Volleyball Professionals
Tournament event on August 21-23, 2009.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Warmington, and Wisneski
            Nays: Spataro
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:35 p.m.


                                          Respectfully submitted,




                                          Ann Marie Becker, MMC
                                          City Clerk

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