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CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 14, 2008
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, October 14, 2008.
Mayor Warmington opened the meeting with a prayer from Vice Mayor
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 Lawrence Spataro, Sue Wierengo, Steve Wisneski, and Clara
Shepherd, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Ann Marie Becker.
Absent: Commissioner Chris Carter (excused).
2008-86 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, September 23rd.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Information Use Agreements. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting the Commission’s
approval to enter into Information Use Agreements with a variety of state
Department of Motor Vehicle agencies from around the country. These agreements
will allow the police department to access information needed for parking and
abandoned vehicle enforcement. We currently have one agreement pending with
the Commonwealth of Virginia and expect more agreements in the near future.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
PLANNING & ECONOMIC
C. Film & Music Policy – City of Muskegon.
DEVELOPMENT
SUMMARY OF REQUEST: The State of Michigan is offering a lucrative tax incentive
package to companies filming within the State. This has been fortunate for the City
of Muskegon, as some of these film companies are asking to film in Muskegon. In
addition, there are plans for a major film studio to locate in the City. The Muskegon
Events Committee is working on this issue, including developing the best ways to
meet the needs of the film companies. In addition, City staff has determined that a
City of Muskegon Film & Music Policy is needed to assist in streamlining the process for
film and music companies, while considering the needs and demands on City
services. Therefore, a Film & Music Events Policy is being presented to the City
Commission for consideration and approval.
FINANCIAL IMPACT: The Policy will allow for collection of fees for various City services,
while leaving the exact amounts flexible, depending on the needs of the specific film
and/or music company and the demands on City services.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Policy.
D. SECOND READING: Rezoning Request for Property Located at 1338 S. Getty
Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property located at 1338 S. Getty
Street, from B-4, General Business District to R, One Family Residential District.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the request at their September 11th meeting. The vote was unanimous, with T.
Michalski, B. Larson and J. Aslakson absent.
E. SECOND READING: Amendment to the Zoning Ordinance – Outdoor
Seating. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2308, # 2 (Outdoor Seating) of
Article XXIII (General Provisions) to require a minimum of six feet of paved area for
pedestrian circulation.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance
to require a minimum of six feet of paved area for pedestrian circulation.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the request at their September 11th meeting. The vote was unanimous with T.
Michalski, B. Larson, and J. Aslakson absent.
F. West Michigan Metropolitan Transportation Plan (WestPlan) Dues, FY2009.
CITY MANAGER
SUMMARY OF REQUEST: To approve the City of Muskegon’s portion of the WestPlan
dues for Fiscal Year 2009, payable to West Michigan Shoreline Regional Development
Commission. This agency determines projects and distributes federal transportation
funds.
FINANCIAL IMPACT: $16,040.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve this request.
G. Request to Purchase Humidification Equipment for Central Fire Station.
PUBLIC SAFETY
SUMMARY OF REQUEST: Fire Department staff is requesting approval by the
Commission to allow for the procurement and installation of humidification
equipment for the Central Fire Station. The low bid, which meets all stated
specifications, was submitted by Northside Heating, Cooling, & Refrigeration, 2175
Riegler Rd., Muskegon, MI 49445 for $22,710. The only other bid received was from
Rite-Way Plumbing & Heating, 2083 Walker Ct. NW, Grand Rapids, MI 49544 for
$22,795.
FINANCIAL IMPACT: Funds for this purchase are provided for in the building fund for
the new Central Fire Station.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
H. Budgeted Vehicle Replacement. PUBLIC WORKS
SUMMARY OF REQUEST: Approve purchase of two Dodge Durangos.
FINANCIAL IMPACT: $41,373.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase using The Michigan State Purchasing
Contract.
I. Uniform and Rugs Cleaning Contract. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Arrow
Uniform Company for a four-year contract of cleaning uniforms and rug rental at the
Department of Public Works building and the Filtration Plant.
FINANCIAL IMPACT: The cost of $11,500 per year split up among seven departments.
BUDGET ACTION REQUIRED: None at this time. The cost was anticipated and
budgeted for.
STAFF RECOMMENDATION: Authorize staff to enter into a contract with Arrow
Uniform.
CITY
J. City/County Agreement regarding Justice Assistance Grant (JAG).
MANAGER
SUMMARY OF REQUEST: To approve an inter-local agreement between the City and
the County of Muskegon for the City to acknowledge the County’s receipt and use
of a 2008 Edward Byrne Memorial Justice Assistance Grant.
FINANCIAL IMPACT: $16,776 to the County.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution.
K. Contract Extension – Independent Audit Services. FINANCE
SUMMARY OF REQUEST: You may recall that in 2004 our prior audit firm (Hoffman,
Steensma, & Plamondon) exited the governmental audit business. Brickley DeLong
assumed responsibility for the 2004 audit and, subsequently, the City entered into a
three-year contract for services with them. This request is to extend the contract with
Brickley DeLong for an additional three years. Staff believes this is in the City’s best
interest for the following reasons:
1. Brickley has presented a proposed extension that includes a cost decrease
for the next year and a very modest total cost increase (2%) for the entire
three-year period;
2. Brickley’s staff is very familiar with the City’s financial operations. This
reduces staff time and costs. There would be significant upfront costs
involved in bringing a new audit firm in;
3. Brickley is a major tenant in downtown Muskegon and is the only in-city firm
qualified to perform our audit.
FINANCIAL IMPACT: The average annual cost of the proposed audit contract
extension is about 2% higher than the average cost for the prior three-year period.
2005 2006 2007 Average 2008 2009 2010 Average
2005-07 2008-10
$34,675 $35,375 $36,075 $35,375 $34,250 $36,075 $37,875 $36,067
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of a three-year contract extension for audit
services with Brickley DeLong.
L. Make Appointments to Various Boards and Committees. CITY CLERK
SUMMARY OF REQUEST: To appoint Quintan Cooley to the Citizen’s Police Review
Board, Thomas Pastoor to Community Development Block Grant – CDC, Stephanie
Marion to the Leisure Services Board, and Eleanor Fife to the Zoning Board of
Appeals.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: The Community Relations Committee approved
the appointments at their October 13th meeting.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve the
Consent Agenda as read.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, and Gawron
Nays: None
MOTION PASSES
2008-87 PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate – Johnson
Technology. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Johnson
Technology, 2034 Latimer Dr., has requested the issuance of an Industrial Facilities
Exemption Certificate. The total capital investment of the project is $2,000,000 in
personal property. The company has requested an abatement length of 12 years.
However, under the current City IFT policy, they are eligible for a seven-year
abatement.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial Facilities
Exemption Certificate for a term of seven years for personal property.
The Public Hearing opened to hear and consider any comments from the public. No
comments were made.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to close the Public
Hearing and approve an amended resolution granting an Industrial Facilities
Exemption Certificate for 12 years for personal property for Johnson Technology.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and Wisneski
Nays: None
MOTION PASSES
2008-88 NEW BUSINESS:
A. Sewer Rate Adjustment. FINANCE
SUMMARY OF REQUEST: The City last adjusted sewer rates (a 15% increase) on July 1,
2007. However, sewer fund revenues simply are not keeping pace with the fee
increases being implemented by the County combined with the steadily increasing
sewer use that the County is attributing to the City:
12-Month Periods City Usage % Chg Total System % Chg
(MG) (MG)
Sep. 2007 – Aug. 2008 2137 +8% 6813 -13%
Sep. 2006 – Aug. 2007 1984 +7% 7799 +7%
Sep. 2005 – Aug. 2006 1861 +17% 7277 -19%
Sep. 2004 – Aug. 2005 1592 +3% 9007 -5%
Sep. 2003 – Aug. 2004 1549 +18% 9520 +10%
Sep. 2002 – Aug. 2003 1312 - 8683 -
FINANCIAL IMPACT: The sewer rate adjustments will generate $650,000 additional
annualized revenue for the City’s sewer fund.
BUDGET ACTION REQUIRED: None at this time. If the rate increase is approved, it will
be incorporated into the quarterly budget reforecast together with the higher
anticipated County treatment costs.
STAFF RECOMMENDATION: Adoption of the fee adjustment resolution.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve the
sewer rate adjustment which is a 12% increase effective January 1, 2009.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and Wisneski
Nays: None
MOTION PASSES
PLANNING & ECONOMIC
B. Sale of City Dockominium Boat Slips.
DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon purchased two boat slips, one in
Harbour Towne Marina and one in Pigeon Key Marina, from the State of Michigan
(tax-reversion). In an effort to spur downtown residential sales, staff would like to offer
one, or both, of these slips for sale. Staff is proposing to offer a slip, at our cost
($5,000), to the first new purchaser of a downtown residential condominium unit
priced at over $250,000, by December 31, 2008.
FINANCIAL IMPACT: The City will be reimbursed for our cost into the dockominium
and the resulting residential sale will result in increased taxes within our downtown.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the sale of the dockominiums, as outlined in
the “Exciting Opportunity for Downtown Living and Recreation” flyer.
Motion by Commissioner Spataro, second by Commissioner Wierengo to adopt the
request to market the boat slip at Harbour Towne Marina as proposed and withhold
the Pigeon Key Marina slip until the mater is resolved.
ROLL VOTE: Ayes: Wisneski, Gawron, Shepherd, Spataro, Warmington, and Wierengo
Nays: None
MOTION PASSES
C. Assignment & Assumption of Arena Management Contract. CITY MANAGER
SUMMARY OF REQUEST: To approve an agreement to allow Arena Management
Group to assign the L. C. Walker Arena & Conference Center management contract
to JS Hockey Enterprises, Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Assignment and Assumption of the
management contract.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve the
Assignment and Assumption of the Arena Management Contract.
ROLL VOTE: Ayes: Wierengo, Wisneski, Gawron, Shepherd, Spataro, and Warmington
Nays: None
MOTION PASSES
D. Muskegon Firefighters Local 370 Contract. CITY MANAGER
SUMMARY OF REQUEST: To approve a collective bargaining agreement with the
Muskegon Firefighters Union for 2008 – 2010.
FINANCIAL IMPACT: Wages – 2008 (3%); 2009 (2.5%); 2010 (2.5%). Other minor
financial changes are also included.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the agreement and authorize the Mayor and
Clerk to sign it.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve the
collective bargaining agreement with the Muskegon Firefighters Union for 2008-2010.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Gawron, Shepherd, and Spataro
Nays: None
MOTION PASSES
E. Congress of Cities Voting Delegates. CITY CLERK
SUMMARY OF REQUEST: To designate one of our officials who will be in attendance
at the National League of Cities Annual Business Meeting to cast the City’s vote; and,
if possible, to designate an alternate.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to designate
Commissioner Shepherd as the delegate to the National League of Cities Annual
Business Meeting to cast the City’s vote.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Gawron, and Shepherd
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Shepherd presented Chief Kleibecker with a
letter commending Officer Timothy Thompson. Mayor Warmington thanked Charles
Nash and those who serve on City Boards and Committees.
PUBLIC PARTICIPATION: Various comments were heard.
ADJOURNMENT: The City Commission Meeting adjourned at 6:12 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk