City Commission Minutes 12-11-2007

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                    DECEMBER 11, 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, December
11, 2007.
    Mayor Warmington opened the meeting with a prayer from Vice Mayor
Stephen Gawron 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 Sue Wierengo, Steve Wisneski, Chris Carter, Clara Shepherd, and
Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Becker.
2007-103    HONORS AND AWARDS:
      A. Honorary Ambassador – Jill Barnes, Brenda Moore, and Bob Rajewski.
Commissioner Spataro presented Honorary Ambassador Awards to Jill Barnes,
and Bob Rajewski and recognized Brenda Moore who was unable to be
present. Thanking them for being good-will ambassadors for the City of
Muskegon.
      B. Employee Suggestion Awards Program – 2007 Awards.
Commissioner Spataro recognized the following 2007 award winners:
Therese Williams for the first quarter, Kevin Herbert for the second quarter, Ron
Archer for the third quarter, and Robert Hartman for the fourth quarter.
Commissioner Wierengo thanked Bob Kuhn, MoHammed Al-Shatel, and Larry
DeCou for helping the Leadership Muskegon Program students put up a tree in
the roundabout.
2007-104    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, November 27th.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Budgeted Vehicle Purchase. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase one Ford Ranger from Whitehall
Ford.
FINANCIAL IMPACT: Total cost $12,900.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase.
      C. Revision of the City of Muskegon Groundwater Protection Ordinance.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Stephen Cunningham of the DEQ (local government
groundwater ordinance specialist) and the City Attorney’s office worked
together to make the necessary revisions to the City’s current Groundwater
Protection Ordinance. The revisions are necessary in order to enforce the
ordinance. The areas that needed to be updated and revised are as follows:
Clarify the definition of Affected Premises, with regard to DEQ-required buffer
zones (Sec. 34-61). Clarify provisions related to preparation of the Appendix
Map (Sec. 34-61). Clarify DEQ advance notification provisions (Sec. 34-63).
Clarify the prohibition of installation of groundwater wells at Affected Premises
(Sec. 34-65(a)). Clarify the exceptions to the prohibition of installation of
groundwater wells at Affected Premises (Sec. 34-65(b)(1), Sec. 34-65(b)(2), Sec.
34-65(b)(3), and Sec. 34-65(b)(4). Remove the reference to DEQ divisions that
no longer exist (Sec. 34-66). Amend Sec. 34-80 to remove the listing of Affected
Premises from the text of the Ordinance, and add the listing of Affected
Premises as an attachment to the Appendix Map. Add a new Sec. 34-81
regarding notification to the Register of Deeds, as required by the DEQ. Add a
new Sec. 34-82 (severability clause), as required by the DEQ.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the ordinance and authorize the Mayor
and City Clerk to sign it and post it in the paper.
      D. Agreement to Trade Used Weapons for Patrol Rifle Slings.         PUBLIC
         SAFETY
SUMMARY OF REQUEST:           Police Department staff is requesting that the
Commission approve an agreement between the City and Gary’s Guns, 4021
East Apple, Muskegon, Michigan. This agreement will allow the department to
trade in a variety of older weapons that are no longer utilized. In exchange, we
will obtain 20 new patrol rifle slings for the department’s patrol rifles. Based upon
the total exchange rate, we will also receive additional rifle magazines and
magazine couplers that are needed.
The department has also received an offer from Michigan Police Equipment,
6521 Lansing Road, Charlotte, Michigan.
The offer equates to $37.95 per sling as proposed by Gary’s and $59.25 per sling
as proposed by Michigan Police Equipment. As there is no actual money
exchange occurring, staff would like to accept the bid from the Muskegon-area
business.
FINANCIAL IMPACT: No expenditure of funds to purchase the rifle slings. No staff
time needed to market the used weapons.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
      E. Appointment of a Freedom of Information Act Coordinator.               CITY
         MANAGER
SUMMARY OF REQUEST: Public Act 553 of 1996 requires that a municipality
designate a person as the municipality’s Freedom of Information Act
coordinator.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends that the resolution be adopted
appointing Ann Becker, City Clerk, as the FOIA coordinator and Tony Kleibecker,
Chief of Police, as FOIA coordinator to all police-related issues.
      F. Appointment to the Downtown Development Authority. CITY CLERK
SUMMARY OF REQUEST: An application has been received for the Downtown
Development Authority from Roy Cowdery – Resident in DDA District.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: The Community Relations Committee recommends
appointment of Roy Cowdery to the Downtown Development Authority.
      G. Organizational Meeting. CITY CLERK
SUMMARY OF REQUEST: This is a request to schedule the City of Muskegon’s
Organizational meeting on Wednesday, January 2, 2008 at 5:30 p.m.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:         Staff recommends setting the date of the
Organizational meeting for Wednesday, January 2, 2008.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Wisneski
            Nays: None
MOTION PASSES
2007-105    NEW BUSINESS:
      A. Vacant Building Ordinance. CITY MANAGER
SUMMARY OF REQUEST: To approve an ordinance to require the registration of
vacant buildings and require annual registration fees.
FINANCIAL IMPACT: Unknown at this time what revenues and expenses will be
generated from this ordinance.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the ordinance.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the vacant building ordinance.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and
           Carter
            Nays: None
            Absent: Wierengo (excused)
MOTION PASSES – REQUIRES SECOND READING
      B. Position Upgrades. CITY MANAGER
SUMMARY OF REQUEST: To upgrade the two Environmental Inspector positions
to Zoning Environmental Inspector positions. This request is being made in order
to have the new positions identify vacant buildings under the new vacant
building ordinance.
FINANCIAL IMPACT: The annual additional cost will be approximately $4,016 for
the two positions.
BUDGET ACTION REQUIRED:       A minor budget modification will be necessary
during 2008.
STAFF RECOMMENDATION: None.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the position upgrades so we may implement the vacant building ordinance.
ROLL VOTE: Ayes:  Shepherd, Spataro, Warmington, Wisneski, Carter, and
           Gawron
           Nays: None
MOTION PASSES
     C. 2008 User Fee Update. FINANCE
SUMMARY OF REQUEST: City departments have reviewed and updated their
user fees and these have been incorporated into the Master Fee Resolution.
New fees and fee changes proposed for 2008 include the following:
  • Adjustments to cemetery fees;
  • Clerk fee adjustments including a new fee to cover costs of processing
    liquor license expansion requests;
  • Environmental fees increases and introduction of graduated fee schedule
    to address repeat environmental violations;
  • New fees accompanying implementation of the vacant building
    registration ordinance;
  • Increases in some electrical, mechanical and plumbing permit fee
    categories;
  • Revamp of the rental housing licensing fee structure;
  • Introduction of some new Marina fees for special services not previously
    charged for;
  • Introduction of discounted “end-of-season” launch ramp fee for
    fisherman who only fish in the fall/winter.
FINANCIAL IMPACT: Increased revenue for fee supported activities.
BUDGET ACTION REQUIRED: None at this time. Adoption of the 2008 Master Fee
Resolution will help the City attain its 2008 budgeted revenue estimates.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
update of the 2008 User Fees.
ROLL VOTE: Ayes:   Spataro, Warmington, Wisneski, Carter, Gawron, and
           Shepherd
           Nays: None
MOTION PASSES
Motion by Commissioner Carter, second by Commissioner Shepherd to adjust
the fee schedule for a new Class C Liquor License and the new Redevelopment
License to $2,500.
ROLL VOTE: Ayes:   Warmington, Wisneski, Carter, Gawron, Shepherd, and
           Spataro
            Nays: None
MOTION PASSES
Motion by Commissioner Carter, second by Commissioner Shepherd to adjust
the fee schedule for a Charitable Gaming License to $25 and the Gaming
License request to $50.
ROLL VOTE: Ayes:   Wisneski,     Carter,   Gawron,   Shepherd,   Spataro,   and
           Warmington
            Nays: None
MOTION PASSES
      D. Final Amendments to 2007 Budget. FINANCE
SUMMARY OF REQUEST: Adoption of year-end amendments to the City’s 2007
Budget to assure compliance with the State Uniform Budget Act. This act
requires that budgets for “governmental-type” funds (i.e. general fund and
special revenue funds) be amended so that expenditures are not reported in
the City’s audit as exceeding legal appropriations. The state now requires that
final budget amendments (as reported in the annual CAFR) be formally
adopted by the governing body prior to the end of the fiscal year (December
31). As there will only be one meeting in December, it is necessary to prepare
final 2007 budget amendments at this time.
FINANCIAL IMPACT:    These budget amendments establish the final 2007
authorized revenue estimates and spending limits for the various City
departments and funds.
BUDGET ACTION REQUIRED: Self-explanatory.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
final amendments to the 2007 Budget.
ROLL VOTE: Ayes:   Wisneski,     Carter,   Gawron,   Shepherd,   Spataro,   and
           Warmington
            Nays: None
MOTION PASSES
      E. Collective Bargaining Agreement Extension - SEIU 517M, Unit 2. CITY
         MANAGER
SUMMARY OF REQUEST: To approve a one-year (2008) extension of the
collective bargaining agreement with the SEIU 517M, Unit 2. All terms and
conditions in the agreement will stay the same, except the members will receive
a 2% wage increase for 2008.
FINANCIAL IMPACT: 2% wage increase for 2008.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the contract extension.
Motion by Commissioner Shepherd, second by Commissioner Carter to approve
the collective bargaining agreement extension with the SEIU 517M, Unit 2, and
authorize staff to complete the paperwork to implement the 2% increase with 1%
to go to wages and 1% to the healthcare savings plan.
ROLL VOTE: Ayes:    Carter, Gawron, Shepherd, Spataro, Warmington, and
           Wisneski
           Nays: None
MOTION PASSES
     F. 2008 Salary Schedule and Fringe Benefits for Non-Represented
        Employees and the 2008 Salary Schedule for Part-Time and Limited-
        Term Employees. CITY MANAGER
SUMMARY OF REQUEST:
  1) To establish the 2008 salary ranges for part-time and limited-term
        employees;
  2) To approve and adopt the proposed salary ranges and salary schedules
        for the non-represented administrative, technical, professional, and
        supervisory employees for 2008 (2% increase, with 1% mandatory salary
        deduction going to MERS Health Care Savings Plan).
FINANCIAL IMPACT:
  1) Minimal. There are minor changes to steps and pay grades.
  2) The salary increases will cost approximately $52,700 plus approximately
        $13, 175 in added fringe benefit costs.
BUDGET ACTION REQUIRED:      To authorize the necessary 2008 budgetary
amendments and transfer of money from the affected City funds (Contingency
Account for General Fund) to the appropriate salary and fringe benefit
accounts to accommodate the salary increases and fringe benefit adjustments.
STAFF RECOMMENDATION:
  1) To approve the proposed 2008 salary ranges for part-time and limited-
        term employees;
  2) To approve and adopt the proposed 2008 salary ranges, salary schedules,
        and fringe benefit changes for non-represented employees.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the 2008 salary schedule and fringe benefits for non-represented employees
and the 2008 salary schedule for part-time and limited-term employees.
ROLL VOTE: Ayes:    Gawron, Shepherd, Spataro, Warmington, Wisneski, and
           Carter
            Nays: None.
MOTION PASSES
      G. Milwaukee Clipper Agreement. CITY MANAGER
ITEM REMOVED PER CITY MANAGER’S REQUEST
      H. Termination and Release of Easement – Old Sears Parking Lot Property.
Motion by Commissioner Carter, second by Commissioner Spataro to accept
the Termination and Release of Easements for the Downtown Muskegon
Development Corporation for Unit 5.
ROLL VOTE: Ayes:   Spataro, Warmington, Wisneski, Carter, Gawron, and
           Shepherd
            Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Mayor Warmington thanked Jim and Joyce Mustin of
River Road for their donation of the Christmas tree for Hackley Park and Curtis
Andrews of Andy’s Tree Service for their assistance in putting the tree up.
The local Government Channel will be moving in mid January from Channel 97
to Channel 911.
ADJOURNMENT: The City Commission Meeting adjourned at 6:55 p.m.


                                          Respectfully submitted,




                                          Ann Marie Becker, MMC
                                          City Clerk

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