City Commission Minutes 07-28-2009

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                          JULY 28, 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, July 28, 2009.
   Mayor Warmington opened the meeting with a prayer from Pastor Penny
Johnson from the 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, Steve
Wisneski, and Chris Carter, City Manager Bryon Mazade, City Attorney John
Schrier, and City Clerk Ann Marie Becker.
2009-64 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the July 13th Commission
Worksession, and the July 14th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Certification of MERS Representatives. FINANCE
SUMMARY OF REQUEST: The MERS plan document provides that “the governing
body for each municipality shall certify the names of two delegates to the
Annual Meeting. One delegate shall be a member who is an officer of the
municipality appointed by the governing body of the municipality. The other
delegate shall be a member who is not an officer of the municipality, elected
by the member officer/employees of the municipality.”
Each City bargaining unit selects a member to attend the MERS annual
meeting. The bargaining units have agreed to a rotating system (based on
date of joining MERS) to select one official employee representative. This year
the employee representative will be Teresa Ackerberg from the Clerical Unit.
FINANCIAL IMPACT: Registration for the MERS conference in Grand Rapids is
$185 per person. Additionally, mileage costs will be incurred.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Certification of Tim Paul and Teresa Ackerberg to be
the City’s officer and employee delegates at the MERS annual meeting in
Grand Rapids September 15 – 17.
      C. Liquor License Request for The Cheese Lady, LLC, 808 Terrace Street.
         CITY CLERK
SUMMARY OF REQUEST:          The Liquor Control Commission is seeking local
recommendation on a request from The Cheese Lady, LLC, to transfer ownership
of the 2009 SDM License with Direct Connection-1 from Kathleen Fagan Riegler,
located at 808 Terrace Street. This request is for purposes of adding the LLC to
the license, the ownership remains the same.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
      D. 2009-2010 Michigan Municipal League Membership Dues. CITY CLERK
SUMMARY OF REQUEST: Approval to pay the 2009-2010 MML dues in the amount
of $9,855.
FINANCIAL IMPACT:
        MML Dues                    $8,078
        Environmental Assessment    $ 969
        Legal Defense Fund          $ 808
        Total                       $9,855
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the Consent Agenda as read minus items E and F.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
            Nays: None
MOTION PASSES
2009-65 ITEMS REMOVED FROM THE CONSENT AGENDA:
      E. Upgrade to Front Entrance of McGraft Park Building. CITY CLERK
SUMMARY OF REQUEST: The City has been awarded a grant in the amount of
$15,750 to replace the doors at McGraft Park so they may be ADA compliant.
The lowest quote was received from Tridonn Construction in the amount of
$15,750 to upgrade the front entrance of the building. The grant requires that
the awardee pay Davis-Bacon wage rate. This quote does not include Davis-
Bacon wage rate. Staff is asking authorization to negotiate the Davis-Bacon
wage rate within the bid.
Automatic Equipment Sales & Service, Inc. was the lowest quote in the amount
of $3,434 to supply and install automatic door openers.
FINANCIAL IMPACT: $3,434 match.
BUDGET ACTION REQUIRED: The funds will come out of the ADA budget.
STAFF RECOMMENDATION: It is requested that staff be authorized to negotiate
to incorporate Davis-Bacon wage rate within the bid and execute the contracts
with Tridonn and Automatic Equipment Sales & Services, Inc. if it is found to be
acceptable. It is also recommended that the Mayor be authorized to execute
the grant.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the upgrade to the front entrance of McGraft Park building and accept the grant
money.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro
            Nays: None
MOITON PASSES
      F. Special Event – Multiple Liquor License Request for 2009 AVP Crocs
         Tour, Muskegon Open. LEISURE SERVICES
SUMMARY OF REQUEST: The AVP Pro Beach Volleyball Tour, Inc., 6100 Center Dr.,
Los Angeles, CA is requesting a temporary liquor license to set up an adult
beverage tent at their professional volleyball tournament to be held at Pere
Marquette beach from August 20 through August 23, 2009. The Muskegon
Yacht Club was previously approved for a temporary alcohol license on August
21 through August 23, 2009.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: The request was recommended for approval by the
Leisure Services Board at their July 20, 2009, meeting.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the special event multiple liquor license request for the 2009 AVP Crocs Tour,
Muskegon Open.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, and Spataro
            Nays: Warmington
MOTION PASSES
2009-66 PUBLIC HEARINGS:
      A. Establishment of a Commercial Rehabilitation District – 971 Washington
         Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 210 of 2005, as amended, Fatty
Lumpkins, 971 Washington Avenue, has requested the establishment of a
Commercial Rehabilitation District. The creation of the district will allow the
building owner to apply for a Commercial Rehabilitation Certificate. The
Commercial Rehabilitation Tax freezes the taxable value of the building and
exempts the new investment from local taxes. The school operating tax and the
State Education Tax (SET) are still levied on the new investment. Land and
personal property cannot be abated under this act.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Establishment of the Commercial Rehabilitation
District at 971 Washington Avenue.
The Public Hearing opened to hear and consider any comments from the
public. Applicant - Brett Gilbert, 2255 Castle, Muskegon, explained his request.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing and approve the establishment of a Commercial Rehabilitation
District at 971 Washington Avenue.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
            Nays: None
MOTION PASSES
      B. Request for a Commercial Rehabilitation Certificate for Fatty Lumpkins.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 210 of 2005, as amended, Fatty
Lumpkins, 971 Washington Avenue, has requested the issuance of a Commercial
Rehabilitation Certificate. The Sandwich Shop plans on investing $5,000 in
building upgrades and creating six new jobs. This qualifies them for seven year
abatement according to the City of Muskegon Commercial Rehabilitation
Policy.
FINANCIAL IMPACT: The real property taxes would be frozen at their pre-
rehabilitated rate for the duration of the certificate.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:             Approval of the Commercial Rehabilitation
Certificate for a duration of seven years.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Carter, second by Commissioner Wierengo to close the
Public Hearing and approve the request for a Commercial Rehabilitation
Certificate for Fatty Lumpkins.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Wisneski
            Nays: None
MOTION PASSES
      C. Request for an Industrial Facilities Exemption Certificate for Johnson
         Technology. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Johnson Technology, 2034 Latimer Drive, has requested the issuance of an
Industrial Facilities Tax Exemption Certificate. The company plans on investing
$2,900,000 in real property improvements, which qualifies them for a 12 year
abatement.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIERD: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of 12 years on real property.
The Public Hearing opened to hear and consider any comments from the
public.  Tom Jassick, 7708 Heights Ravenna Road, Ravenna, Director of
Operations at Johnson Technology answered questions.
Motion by Commissioner Wisneski, second by Commissioner Shepherd to close
the Public Hearing and approve the resolution granting an Industrial Facilities
Exemption Certificate for a term of 12 years on real property for Johnson
Technology.
ROLL VOTE: Ayes:     Gawron, Shepherd,      Spataro,   Warmington,   Wierengo,
           Wisneski, and Carter
            Nays: None
MOTION PASSES
      D. Request for Exemption of New Personal Property (PA 328) for Johnson
         Technology. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 328 of 1998, as amended,
Johnson Technology, 2034 Latimer Drive has requested an exemption of new
personal property. The company plans on investing $11,200,000 in personal
property improvements and is asking Commission to determine the length of the
abatement.
FINANCIAL IMPACT: The City will forgo 100% of the personal property taxes for
the length of the abatement.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:           Approval of the exemption of new personal
property for a duration of 12 years.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Wisneski, second by Commissioner Carter to close the
Public Hearing and approve the exemption of new personal property for a
duration of 12 years for Johnson Technology.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
           and Gawron
           Nays: None
MOTION PASSES
2009-67 NEW BUSINESS:
     A. Police Patrol Retirement Incentive. CITY MANAGER
SUMMARY OF REQUEST: To provide a retirement incentive limited to one person
(Ken Wansten) in the Police Patrol Unit. This incentive could encourage one
person to retire and, thereby, limit the number of layoffs otherwise necessary
due to budget constraints. It would also save the City money otherwise spent
on unemployment compensation.
FINANCIAL IMPACT: $5,000.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the retirement incentive, the associated
document, and authorize the City Manager to sign it.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the Police Patrol retirement incentive as described.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
           Nays: None
MOTION PASSES
     B. Prosecution Services. CITY MANAGER
SUMMARY OF REQUEST: To consider an agreement with the County of
Muskegon and the Muskegon County Prosecutor to provide prosecution
services to the City.
FINANCIAL IMPACT: $86,377 for 8/01/09 through 7/31/10.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement, authorize the Mayor to
execute it, and authorize staff to make necessary arrangements with the City
Attorney to discontinue these services.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the contract for prosecution services with Muskegon County
Prosecutors Office.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Gawron, Shepherd, and
           Spataro
            Nays: Carter
MOTION PASSES
      C. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish 529 Mulder Street. PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structure located at 529
Mulder Street 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 Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 529 Mulder Street.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
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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