City Commission Minutes 07-10-2007

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                          JULY 10, 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, July 10, 2007.
  Mayor Warmington opened the meeting with a prayer from Elder George
Monroe from the Evanston Avenue Baptist 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,
Commissioner Kevin Davis, Clara Shepherd, Lawrence Spataro, Sue Wierengo,
and Chris Carter, Acting City Manager Tim Paul, City Attorney John Schrier, and
City Clerk Ann Marie Becker.
2007-57 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, June 26th.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of minutes.
      B. Liquor License Request – Pat’s Road House, 157 S. Getty. CITY CLERK
SUMMARY OF REQUEST:         The Liquor Control Commission is seeking local
recommendation on a request from TPWS, Inc. of 157 S. Getty Street to enlarge
the existing outdoor service area to its existing 2007 Class C-SDM licensed
business with Dance-Entertainment Permit, Outdoor Service (1Area) and 2 Bars.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
      E. Resignation and Appointments from Various Boards. CITY CLERK
SUMMARY OF REQUEST: The Community Relations Committee recommends that
the following resignations be accepted and appointments be made:
Land Reutilization Committee – Resignation of Michael Amrhein
DDA – Resignation of Jessica Elsey
Citizens Police Review Board – Resignation of Quintan Cooley, appoint Barbara
Kuipers, resident
District Library Board – Death of Craig V. Brown
Equal Opportunity Committee – Vacancy for Citizen, appoint Willie German, Jr.,
resident
Motion by Commissioner Carter, second by Commissioner Davis to approve the
Consent Agenda minus items C and D.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
           and Gawron
            Nays: None
MOTION PASSES
2007-58 ITEMS REMOVED FROM THE CONSENT AGENDA:
      C. FIRST READING: Animal Ordinance Amendment. CITY MANAGER
SUMMARY OF REQUEST: To amend the City’s Animal Control Ordinance to
require dogs and cats to be under restraint, except for a service animal
performing its duties or in training.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
COMMITTEE RECOMMENDATION:           The City Commission         requested   this
amendment at their Worksession on June 11, 2007.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the amendment to the City’s Animal Control Ordinance.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
      D. FIRST READING: Rescind Pension Ordinances. FINANCE
SUMMARY OF REQUEST: The transfer of pension assets and retirement system
administration to the Municipal Employees Retirement System of Michigan
(MERS) makes it unnecessary to maintain local pension ordinances on the
books. The ordinance repeals the City’s former pension ordinances.
FINANCIAL IMPACT:      Some savings from reduced confusion and ordinance
indexing.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the ordinance.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the rescinding of the pension ordinances.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
            Nays: None
MOTION PASSES
2007-59 NEW BUSINESS:
      A. Proposed COLA for Retirees. FINANCE
SUMMARY OF REQUEST: One of the considerations made when we moved to
MERS was that we would mimic as closely as possible the pension COLA
program in place since the mid-1990’s within the structure of MERS. In a nutshell,
the old COLA program provided permanent cost of living increases to
pensioners retired five years or more that were capped at 75% of the CPI.
COLA’s were payable only in years when investment performance exceeded
actuarial estimates (8%). Due to lagging investment performance, no COLA
payments have been made for the last two years.
Investment performance has improved and, at this time, we are recommending
approval of a 1.80% COLA increase payable to pensioners retired five years or
more as of 1/1/07. Standard MERS practice is to implement COLA provisions
each January, but they have agreed to implement this COLA for us as of July 1.
We recommend the COLA be divided into two equal parts with 0.90% awarded
7/1/07 and 0.90% awarded 1/1/08. Future COLA increases would then be made
in January, if warranted.
The 1.80% COLA is based on a MERS actuarial review of investment
performance, change in the CPI for 2006 and staff discussions with actuaries
concerning the financial condition of the account.
FINANCIAL IMPACT: The proposed COLA adjustment will increase the accrued
liability of the retirees’ account $546,870 and leave the account just over 101%
funded.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize MERS to pay a 1.80% COLA to retirees
retired five years as of 1/1/07, payable in two equal parts July 1, 2007 and
January 1, 2008. Authorize future COLA adjustments to be made effective each
January 1 with the next COLA review being January 1, 2009.
Motion by Commissioner Spataro, second by Commissioner Davis to approve
the proposed COLA for retirees.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
           and Davis
            Nays: None
MOTION PASSES
      B. FIRST READING: Smoking at Pere Marquette Beach. CITY MANAGER
SUMMARY OF REQUEST: To approve an ordinance to prohibit smoking at Pere
Marquette Beach from the pier sidewalk south to the handicap walk.
FINANCIAL IMPACT: Minimal costs associated with enforcement of ordinance.
BUDGET ACTION REQUIRED: None
COMMITTEE RECOMMENDATION: The City Commission approved the concept
at their June Worksession.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve
the ordinance to prohibit smoking at Pere Marquette Beach from the pier
sidewalk south to the handicap walk.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
           and Spataro
            Nays: None
MOTION PASSES
      C. Fireworks Display - Bike Time. CITY CLERK
SUMMARY OF REQUEST: Bike Time is requesting approval of a fireworks display
during the Poison concert at Heritage Landing on July 22nd. Fire Marshall
Metcalf has reviewed the request and recommends approval contingent on
inspection of the fireworks.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks
and approval of the insurance.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve
the Bike Time request for fireworks during the Poison concert at Heritage Landing
on July 22nd.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
           Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Muskegon Rescue Mission is celebration their 100th
Anniversary by having a birthday party July 21st.
ADJOURNMENT: The City Commission Meeting adjourned at 5:57 p.m.


                                       Respectfully submitted,




                                       Ann Marie Becker, MMC
                                       City Clerk

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