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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 22, 2011
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
22, 2011.
Vice Mayor Gawron opened the meeting with a prayer from Pastor Josh
Dear from the Lakeside Baptist Church after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Vice Mayor Stephen Gawron, Commissioners Chris Carter, Clara
Shepherd, Lawrence Spataro, and Steve Wisneski, City Manager Bryon Mazade,
City Attorney John Schrier, and City Clerk Ann Marie Cummings.
Absent: Mayor Stephen Warmington and Commissioner Sue Wierengo (both
excused)
2011-83 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the November 7th City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Approval of Realtor and Title Company for CNS. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To extend the Procurement Contract to June 30, 2012,
for Exit Lakeshore Realty and Midstate Title Agency to be used by the City of
Muskegon Community and Neighborhood Services office.
The CNS office put out public notices for a variety of trades. No bids were
received for realtors or title companies. We already have a good working
relationship with Exit Lakeshore Realty and Midstate Title Agency. We would
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like to extend their contract until June 30, 2012.
FINANCIAL IMPACT: The funding for any project the realtor or title company
would be used for would come out of the funds the house was originally
established under: CDBG, HOME or NSP1.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the extension of the Procurement
Contracts for Exit Lakeshore Realty and Midstate Title Agency for the Community
and Neighborhood Services office.
C. Budgeted Vehicle Replacement. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase one 2012 Ford F-450 4x4
Dump Truck. This vehicle will be an addition to the Highway Department for
alley plowing and cul-de-sac clean up.
FINANCIAL IMPACT: $28,396.
BUDGET ACTION REQUIRED: None, the price of this vehicle is under what the
Equipment Division has budgeted.
STAFF RECOMMENDATION: Authorize staff to purchase one 2012 Ford F-450 4x4
Dump Truck from Vanderhyde Ford who was the lowest responsible bidder.
D. Intergovernmental Agreement for Traffic Signal Maintenance Contract
Extension. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize Staff to sign an Intergovernmental Agreement
for Traffic Signal Maintenance. This is a one-year contract extension, from a
previous three-year contract, with the Muskegon County Road Commission,
along with other municipalities from March 9, 2012, thru March 9, 2013, with
Windemuller Electric Inc. as the traffic signal maintenance contractor. The
agreement calls for MCRC to administer the project and charge the
participating agencies 15% overhead. The local agencies included in the
Muskegon County Signal Maintenance Group are Muskegon, Muskegon
Heights, Norton Shores, Roosevelt Park and MDOT.
FINANCIAL IMPACT: Approximate costs for the previous contract including
emergency repairs have been $35,064 in 2009, and $33,982 in 2010.
BUDGET ACTION REQUIRED: None, budgeted for in the Highway Majors budget.
STAFF RECOMMENDATION: Approve request.
E. Consideration of Bids/Contract Award for Roof Replacement over
Police Department. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Gale
Roofing out of Hart to replace the roofing system over the Police Department
portion of City Hall (Jefferson side) for a total cost of $12, 223. Gale was the
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lowest responsible bidder with the only other bidder being J. Stevens
Construction for $19,600.
FINANCIAL IMPACT: The construction cost of $12,223.
BUDGET ACTION REQUIRED: None, this project was budgeted for in the
2011/2012 CIP.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Gale
Roofing to replace the roofing system over the Police Department.
F. Request to Amend Existing Resolution 2011-69(b) for an Obsolete
Property Certificate – J&J Bail Bonds, 41 E Apple Ave. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts
of 2000, J&J Bail Bonds, 41 E. Apple Avenue, was approved for an obsolete
property certificate on September 27, 2011. The Michigan State Tax Commission
has requested that the resolution be amended to include language stating that
the City will not allow an extension of additional years, pursuant to the City of
Muskegon Obsolete Property Rehabilitation Policy.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Wisneski, and Carter
Nays: None
MOTION PASSES
2011-84 PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate – ADAC
Plastics. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, ADAC
Plastics, 1801 E. Keating Avenue, has requested the issuance of an Industrial
Facilities Tax Exemption Certificate. The company will be making an investment
of $4,690,000 in real property improvements and plans on creating 130 jobs
within two years. They are eligible for a 12 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
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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. John Shape, representative of ADAC Plastics spoke.
Motion by Commissioner Spataro, 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 ADAC.
ROLL VOTE: Ayes: Shepherd, Spataro, Wisneski, Carter, and Gawron
Nays: None
MOTION PASSES
B. Request for Exemption of New Personal Property (PA 328) – ADAC
Plastics. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 328 of 1998, as amended, ADAC
Plastics, Inc., 1801 E. Keating Avenue, has requested an exemption of new
personal property. The company plans on investing $15,780,000 in personal
property improvements and is seeking a 12 year exemption on personal
property. The exemption would include all new personal property investments
during the duration of the exemption.
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 heard.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing and approve the request for Exemption of New Personal Property
for ADAC Plastics for a term of 12 years.
ROLL VOTE: Ayes: Spataro, Wisneski, Carter, Gawron, and Shepherd
Nays: None
MOTION PASSES
C. Establishment of a Commercial Rehabilitation District – 363 Ottawa
Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 210 of 2005, as amended, Lake
Welding Supply 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, which will freeze the taxable value of the
building and exempt the new real property investment from local taxes.
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The school operating tax and the State Education Tax 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 363 Ottawa Street.
The Public Hearing opened to hear and consider any comments from the
public. Comments were heard from Greg Teerman, representative of Lake
Welding .
Motion by Commissioner Carter, second by Commissioner Wisneski to close the
Public Hearing and establish a Commercial Rehabilitation District at 363 Ottawa
Street.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, and Spataro
Nays: None
MOTION PASSES
2011-85 NEW BUSINESS:
A. Holidays in the City – Resolution of Support. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: A request to sign the resolution in support of Holidays in
the City, an event starting this Saturday in downtown Muskegon that will
showcase the holiday events and unique retail destinations of downtown
Muskegon. Everyone is encouraged to come downtown for the Teddy Bear
Breakfast, Festival of Trees, the lighting of Hackley Park, shopping and dinning, a
window decorating contest with prizes for voters and a movie showing at the
Frauenthal Theatre.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution.
Motion by Commissioner Spataro, second by Commissioner Carter to adopt the
resolution of support for the various Holidays in the City activities for this coming
weekend.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, and Spataro
Nays: None
MOTION PASSES
B. Winter Ice Rink in Downtown Muskegon. PLANNING & ECONOMIC
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DEVELOPMENT
SUMMARY OF REQUEST: Downtown Muskegon Now (DMN) is planning an
outdoor ice rink in downtown Muskegon, from mid-January to mid-February. The
ice rink will be located on the vacant lot owned by Parkland Properties. The ice
rink will provide another opportunity for the public to enjoy the downtown during
the winter season (free of charge), in addition to shopping, restaurant and
entertainment venues. Andrew Haan, DMN Director, has been working with City
staff to develop a plan for installation of the rink. Since they are unable to use
the fire hydrant, a separate water service must be installed. DMN is requesting
that the costs associated with establishing this service be waived. Other
partners in this venture include Parkland Properties (Jon Rooks), the Muskegon
Lumberjacks and the Muskegon Winter Sports Complex.
FINANCIAL IMPACT: If the Commission chooses to waive the entire fee (which
includes materials, equipment and labor), the total is estimated to be $1,964.07.
Of this amount, the cost for materials (which must be purchased) is $611.69.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To consider the request from DMN and partner with
the organization on some level to ensure the ice rink is established in downtown
Muskegon for the benefit of the public.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the request from Downtown Muskegon Now and its partners to provide the water
hook up so that they may have an ice rink downtown.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, and Spataro
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:12 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
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