City Commission Minutes 11-08-2005

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                    NOVEMBER 8, 2005
    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, November 8,
2005.
   Mayor Warmington opened the meeting with a prayer from Pastor Sarah
Johnson of the Word of Truth Outreach 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 Bill Larson, Commissioner
Clara Shepherd, Lawrence Spataro, and Stephen Gawron, City Manager Bryon
Mazade, City Attorney John Schrier, and City Clerk Gail Kundinger.
   Absent: Commissioner Chris Carter and Kevin Davis (both excused).
2005-100   HONORS AND AWARDS: Public Safety Director Tony Kleibecker
presented a certificate of appreciation to Mr. Lee.
2005-101    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, October 25, 2005.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
      B. Resolution for Charitable Gaming License. CITY CLERK
SUMMARY OF REQUEST: Lakeside Business Association is requesting a resolution
recognizing them as a non-profit organization operating in the City for the
purpose of obtaining a gaming license. They would like to hold a raffle in
connection with the Holiday’s in Lakeside event on Saturday, December 3, 2005.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
      C. Policy Change to “Policy for Sale of City Owned Residential Property”.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the change to the “Policy for Sale of City-
Owned Residential Property” definition of “commence construction” stating that
at least 75% of the dwelling be completed as opposed to 25%.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and Clerk to sign said resolution.
COMMITTEE RECOMMENDATION:         The Land Reutilization Committee
recommended approval of the policy change at their regular meeting of
October 25, 2005.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the Consent Agenda as read.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Gawron, and Larson
            Nays: None
MOTION PASSES
2005-102    PUBLIC HEARINGS:
      A. Spreading of the Special Assessment Roll for Park Street, Young Ave. to
         Laketon Ave. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Park Street, Young Avenue to Laketon Avenue, and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $44,739.22 would be spread against the ten (10)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:38 p.m. to hear and consider any comments
from the public. Comments in opposition were heard from Patty Lowe, 1922
Park.
Motion by Commissioner Spataro, second by Commissioner Gawron to close the
Public Hearing at 5:55 p.m. and spread the special assessment roll for Park
Street, Young Avenue to Laketon Avenue.
ROLL VOTE: Ayes: Spataro, Warmington, Gawron, Larson, and Shepherd
            Nays: None
MOTION PASSES
2005-103    NEW BUSINESS
      A. Resolution for Class C Liquor License for Ciggzree Morris. PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing on the request for a Class C
Liquor License for Ciggzree Morris and approve the resolution. The Liquor
Control Code allows for additional liquor licenses within Downtown
Development Authority Districts under certain conditions.
FINANCIAL IMPACT: Approval of the Liquor License will allow for a new
restaurant in the downtown area which should result in increased revenue for
the City.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution.
COMMITTEE RECOMMENDATION:         The Downtown Development Authority
approved the request on November 2, 2005.
Motion by Vice Mayor Larson, second by Commissioner Gawron to approve the
resolution for a Class C Liquor License for Ciggzree Morris.
ROLL VOTE: Ayes: Warmington, Gawron, Larson, Shepherd, and Spataro
            Nays: None
MOTION PASSES
      B. Defined Contribution Retirement Plan for New Hires (Fire, Non-Union).
         FINANCE
SUMMARY OF REQUEST: The City Commission has previously approved a
contract with the firefighters union that includes provision for new hires to be
members of a defined contribution retirement program in lieu of membership in
the defined benefit police and fire retirement system. The new fire DC plan calls
for a fixed city contribution of 10% and an employee contribution of 6% of
wages. Present employees may also join the DC plan on an elective basis
during a window period.          We are also recommending at this time
implementation of a similar plan for new non-union employees. The outline of
the program is the same except for lower contribution rates (6% city; 3%
employee) reflecting the fact that these employees are covered by social
security (fire employees are not). Approval of the resolutions and ordinance
amendments is the final step in putting in place the mechanics of these new
programs.
FINANCIAL IMPACT: Moving to a defined contribution plan will help stabilize and
better define the City’s annual pension costs. We are negotiating similar
arrangements for other employee groups.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval.
Motion by Spataro, second by Gawron to approve the defined contribution
retirement plan for new hires (fire, non-union).
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, and Warmington
            Nays: None
MOTION PASSES
      C. Agreement between Nutritional Services for Older Americans, Inc.
         (NSOA) and the City for the Use of McGraft Park Community Building.
         ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: Staff recommends that the Mayor signs a one-year
agreement with Nutritional Services for Older Americans, Inc. for the use of the
Community Building at McGraft Park. The agreement calls for the City to
provide Nutritional Services for Older Americans with the amount of $8,317 for
support staff time to offer recreation and wellness services for seniors at McGraft
Park. Nutritional Services for Older Americans will in turn pay the monthly fee of
$200 for the use of the facility.
FINANCIAL IMPACT: McGraft Part: $8,317.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to approve
the agreement between Nutritional Services for Older Americans, Inc. and the
City of Muskegon for the use of McGraft Park Community Building.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, and Warmington
            Nays: None
MOTION PASSES
      D. Sale of Buildable Vacant Lot at 445 Marquette.             PLANNING &
         ECONOMIC DEVELOPMENT
ITEM REMOVED BY STAFF REQUEST.
2005-104    ANY OTHER BUSINESS: Various comments were heard.
2005-105    PUBLIC PARTICIPATION: Bill Craner spoke reference 590 Catherine.
Motion by Commissioner Spataro, second by Vice Mayor Larson to allow Mr.
Craner up until Friday, November 18, 2005, to file for a consent judgment for 590
Catherine which would include placing $5,000 in escrow and to negotiate a
timeline for completion.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, and Warmington
            Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:21 p.m.


                                       Respectfully submitted,




                                       Gail A. Kundinger, MMC
                                       City Clerk

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