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CITY OF MUSKEGON
CITY COMMISSION MEETING
DECEMBER 8, 2015
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, MI at 5:30 p.m., Tuesday, December 8, 2015.
Pastor Tim Cross, Living Word Church, opened the meeting with prayer, after
which the Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro, Commissioners
Turnquist, Johnson, Hood, and Rinsema-Sybenga, City Manager Franklin
Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent: Commissioner German
2015-89 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the Minutes of the November 24, 2015 City
Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the Minutes.
B. Gaming License Request from the Muskegon Catholic Education
Foundation City Clerk
SUMMARY OF REQUEST: The Muskegon Catholic Education Foundation is
requesting a resolution recognizing them as a non-profit organization operating
in the City for the purpose of obtaining a Gaming License.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
C. Request to Deny & Accept Properties That Did Not Sell During the Tax
Sale for 2015 Planning & Economic Development
SUMMARY OF REQUEST: The County of Muskegon held two delinquent tax
auctions during 2015. There were one hundred and six (106) properties left after
the last auction. According to the State’s tax foreclosure laws, the City must
state that they are not interested in obtaining them, otherwise the City will
automatically receive ownership of the parcels. From the list that was provided,
Planning and Community and Neighborhood services have gone over the
parcels to determine which ones to accept.
FINANCIAL IMPACT: None
BUDGET ACTION REQURIED: None
STAFF RECOMMENDATION: To deny and accept certain parcels and authorize
the Mayor and the Clerk to sign the resolution.
D. 2016 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 for
your consideration.
The new fees and fee changes that are being proposed include the following:
Correction to two Cemetery’s grave fees that were actually updated in
2015;
Reactivated the DPW “Replace Employee ID/Access Card” fee and at a
lower fee due to lower costs;
Removed specific times and names of specific parks for Park Building
Usage/Rental so that it is applicable to all park buildings;
Added a new channel picnic shelter rental rate for reservations between
April 15 and September 30;
Numerous miscellaneous modifications to the Farmers Market fees
following the second season of operating at the new market location;
Environmental Services added a new fee for building board-ups requiring
6 or more boards and increased administrative overhead on demolitions
from 10% to 15% of costs;
Fees for rental of Farmers’ Market facilities have been added;
Added new fees for use of Farmers Market Kitchen which opened in 2015;
Changed the minimum amount charged for Obsolete Property Rehab
Filing, IFT Application, and Commercial Rehab Filing fees from $400 to
$500;
Added new fee in Planning for IFT/CFT/OPRA/Commercial Rehab District
establishment if it is done at a separate meeting from the issuance of the
certificate;
Police Department reduced several fees charged for special liquor
licenses and added new classifications to differentiate between special
licenses requested by outside city requestors versus in city requestors.
FINANCIAL IMPACT: Revenue generated for fee supported activities.
BUDGET ACTION REQUIRED: None at this time. Adoption of the Master Fee
Resolution will help the City attain its budgeted revenue estimates.
STAFF RECOMMENDATION: Approval
E. Local Parking Ordinance Amendments Director of Public Safety
SUMMARY OF REQUEST: During the City’s last codification several sections of the
parking ordinance were amended. In order to have the City’s enforcement
ordinances align with State law, some ordinances were moved to different
sections of the code. Some noted sections of the ordinance were inadvertently
removed during codification while rewriting the municipal code. Staff has
worked with the codifications personnel as well as our own City Attorney to draft
the needed changes.
As such, Sections 58-3, 92-33, 92-71, 92-73, and 46-204 of the City of Muskegon
ordinances have been rewritten to reflect the previously adopted ordinances
and updated modifications because of changes to the Uniform Traffic Code
and to include the fee schedule for parking, civil violations, boat launch permits,
and local parking restrictions.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adoption of the ordinances and fee schedule as
presented.
F. 2016 Salary Schedule and Fringe Benefits for Non-Represented
Employees City Manager
SUMMARY OF REQUEST: To approve and adopt the proposed salary ranges and
salary schedules for the non-represented administrative, technical, professional,
and supervisory employees for 2016 ($1,300 increase per position), and to
approve the following fringe benefit changes:
1. An increase in the Health Care Savings Program employer match from 2%
of wages to 3% of wages.
2. Increase unused sick time cash payouts at the time of retirement from 50%
to 75%.
3. Authorize the reimplementation of the city’s tuition reimbursement
program at a rate of $1,000 per year per eligible employee.
FINANCIAL IMPACT: The changes will cost approximately $50,000, plus
approximately $15,000 in added taxes and fringe benefit costs.
BUDGET ACTION REQUIRED: To authorize the necessary 2016 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: To approve and adopt the proposed salary ranges,
salary schedules, and fringe benefit changes for non-represented employees for
2016.
G. SEIU Unit 2 – DPW Contract City Manager
SUMMARY OF REQUEST: SEIU DPW Unit has a wage opener for the 2016
calendar year. In addition to the need to establish wage rates for 2016, both the
Union and the City agreed that there was an additional need to reclassify a
number of positions to assist with recruitment and retention. The following terms
were tentatively agreed to by both parties:
1. 2.5% wage increase effective January 1, 2016
2. A one-time 1% lump sum deposit into the employee Health Care Savings
Program
3. Relocation of the Filtration Plant Operator and Civil Engineers to Pay
Range 1
4. Relocation of the Water Filtration Maintenance Operator to Pay Range 3
5. Relocation of the Chief Operator to a new Pay Range with a top pay of
$64,000.
FINANCIAL IMPACT: As indicated above.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To thank the members of the SEIU DPW Unit for their
hard work and dedication to the citizens of Muskegon, and approve the
tentative agreement, and to authorize the Mayor and Clerk to sign the contract.
H. Proposed Amendment to the Purchasing Policy City Clerk
SUMMARY OF REQUEST: Our Purchasing Policy regarding public notices for bids
has not been updated in many years. Currently it requires a notice to be
published a minimum of ten days prior to a bid opening. This requirement
doesn’t always allow staff to move in a timely matter.
The modified policy would require the City to place all bid notifications on the
City’s website and social media and allow any company or individual to sign up
to receive notification of new bids by registering on our website. Staff will also be
required to notify all bidders who have bid on a similar project within the last two
years.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the amendment to the Purchasing
Policy.
I. Permanent Traffic Control Order – Install Permanent “Stop” Signs at 5th
and 7th Streets as They Intersect Muskegon and Webster Avenues per
Traffic Control Order #21-(2015) Department of Public Works
SUMMARY OF REQUEST: Authorize staff to install permanent “Stop” signs at 5 th
and 7th Streets as they intersect Muskegon and Webster Avenues per Traffic
Control Order #21-(2015).
FINANCIAL IMPACT: Cost of signs/posts and man-power to install, if approved.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDNATION: Authorize DPW staff to install “Stop” Signs at 5th
and 7th Streets @ Muskegon Avenue and 5th and 7th Streets @ Webster Avenue
per Traffic Control Order #21-(2015).
J. 2nd Amendment to Agreement with Muskegon Lakefront, LLC
City Manager
SUMMARY OF REQUEST: Muskegon Lakefront LLC has asked for an extension to
the agreement entered into on November 30, 2007. The purpose of the
agreement is to provide time for the group to pay the 2013 and 2014 taxes, and
to begin marketing the property for other lakefront uses. This amendment will
extend the terms of the original agreement to March 31, 2016. In exchange for
the amendment, the City will place its outstanding special assessment onto the
tax roll immediately, while Muskegon Lakefront LLC will immediately pay the
outstanding 2013 property taxes and begin making regular monthly payments
on the 2014 property taxes. Muskegon Lakefront LLC will also begin marketing
the property for development independent from casino development.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approving the 2nd Amendment to
the Agreement with Muskegon Lakefront, LLC.
Motion by Vice Mayor Spataro, second by Commissioner Hood, to approve the
consent agenda as read.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, Rinsema-Sybenga, and
Turnquist
Nays: None
MOTION PASSES
2015-95 PUBLIC HEARINGS:
A. Public Hearing – Request for an Industrial Facilities Exemption
Certificate – ExCell Machine & Tool Co., LLC Planning & Economic
Development
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, ExCell
Machine and Tool, 1084 E Hackley Avenue, has requested the issuance of an
Industrial Facilities Tax Exemption (IFT) Certificate. The company recently
completed a $91,000 investment in a building addition that will create two new
jobs. This qualifies them for an abatement of 12 years on real property. The State
Tax Commission allows companies to apply for an IFT within six months of project
commencement. This project started on July 16, 2015.
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 12 years on real property.
PUBLIC HEARING COMMENCED:
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to close the public hearing and approve the resolution granting an Industrial
Facilities Exemption Certificate for a term of 12 years on real property.
ROLL VOTE: Ayes: Hood, Spataro, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
2015-96 NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: Public Safety
900 W GRAND
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structure located at 900 W.
Grand is unsafe, substandard, a public nuisance, and that it be demolished
within thirty (30) days or infraction tickets may be issued. It is further requested
that administration be directed to obtain bids for the demolition of the structure
and that the Mayor and City Clerk be authorized and directed to execute a
contract for demolition with the lowest responsible bidder or staff may issue
infraction tickets to the owner, agent, or responsible party if they do not
demolish the structure.
FINANCIAL IMPACT: MSHDA Land Bank Grant
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga, to
concur with the Housing Board of Appeals decision to demolish 900 West Grand.
ROLL VOTE: Ayes: Spataro, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
B. Small Wine Maker & Small Distiller – 18th Amendment LLC City Clerk
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from 18th Amendment, LLC, for a Small Wine
Maker and Small Distiller License to be located at 350 W. Western Avenue.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
Motion by Commissioner Johnson, second by Vice Mayor Spataro, to approve
the request for a Small Wine Maker and Small Distiller License to be located at
350 W. Western.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, Rinsema-Sybenga, Turnquist, and
Johnson
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public Comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:10 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC
City Clerk
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