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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 25, 2010
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, May 25, 2010.
Mayor Warmington opened the meeting with a prayer from Commissioner
Spataro 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, and Steve Wisneski, City
Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Ann Marie
Becker.
Commissioner Clara Shepherd arrived at 5:43 p.m.
Absent: Commissioner Chris Carter (excused).
2010-45 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the May 10th Special Commission
Meeting, the May 10th Commission Worksession, and the May 11th Regular
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. 2010-2011 Michigan Municipal League Membership Dues. CITY CLERK
SUMMARY OF REQUEST: Approval to pay the 2010-2011 MML dues in the amount of
$8,886. The MML is continuing the freeze on the membership dues, and in addition,
will no longer levy the Environmental Affairs Assessment. These changes represent
a 12% reduction in the overall dues payment.
FINANCIAL IMPACT: MML Dues $8,078
Legal Defense Fund $ 808
Total $8,886
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
C. 2010 Water Treatment Chemical Bids. WATER FILTRATION
SUMMARY OF REQUEST: Recommend endorsement of contract extension for the
previous lowest responsible bidders to supply aluminum sulfate and fluoride for the
Water Filtration Plant as allowed by contract.
FINANCIAL IMPACT: Annual cost of $141,200 (based on average annual water
pumped to mains).
BUDGET ACTION REQUIRED: None at this time. These chemicals are budgeted
annually.
STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission
endorse the bid extensions received and allow staff to enter into contract with US
Aluminate Co. (USALCO) for aluminum sulfate and Lucier Chemical Industries Ltd.
for fluoride.
D. Liquor License Request for L. C. Walker Arena, 470 W. Western Avenue.
CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from the City of Muskegon to drop JS Hockey
Enterprises, Inc. as Co-Licensee and add Logger Hockey, LLC as Co-Licensee in the
2009 Class C Licensed Business issued under MCL 436.1509 with Dance Permit, 9
Bars, and Official Permit (Food) and Outdoor Service (2 Areas) located at 470 W.
Western.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
E. Amendments to the Zoning Ordinance – Community Gardens. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Section 2313 of Article
XXIII to add provisions for Community Gardens.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their May 13th meeting.
(REQUIRES SECOND READING)
F. Rezoning Request for a Portion of the Property Located at 1700 Messler
Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone a portion of the property located at
1700 Messler Street, from I-2, General Industrial District to B-4, General Business
District. The Credit Union, which is currently operating as a legal non-conforming
use, would like to purchase the lot from Brunswick, but it would create an illegal lot
split due to a minimum lot size requirements. Rezoning the property to B-4 would
bring the use to conformity and would allow the property to meet the minimum lot
requirements for a B-4 lot. The properties would be split after the rezoning is
approved.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the rezoning.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their May 13th meeting.
(REQUIRES SECOND READING)
G. Consideration of Bids for SP-221 Energy Efficiency Upgrades.
ENGINEERING
SUMMARY OF REQUEST: Award the Energy Efficiency Upgrades project to Tridonn
Construction Co. out of Muskegon, MI using the base bid since they were the
lowest responsible bidder with a total bid price of $93,500. Also, authorize staff to
add as many of the alternate bid items to this contract as the budget/grant will
allow for.
FINANCIAL IMPACT: The construction cost of $93,500.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Tridonn Construction Co. and
authorize staff to add alternate bid items.
H. Partial Payoff of CMI Brownfield Redevelopment Loan. FINANCE
SUMMARY OF REQUEST: In 2007-08, the City borrowed $500,000 from MDEQ for
Brownfield cleanup and redevelopment. Under terms of the loan, no interest was
charged until 3/18/10 at which time interest began to accrue at rate of 2%. To
date, the City has re-loaned (or committed to re-loan) approximately $270,000 for
projects on Henry Street (Betten) and in the Smartzone. Developers of these
projects have committed to repaying the City at the same 2% rate as we are
being charged. There are no other current prospects for use of the remaining loan
proceeds. Therefore, staff recommends repaying the unused funds to the state.
FINANCIAL IMPACT: Interest costs on the unused loan proceeds exceed our
earnings rate. Repaying part of the loan will reduce these negative arbitrage
costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to repay to the State of Michigan the
unspent CMI Brownfield Loan proceeds.
Motion by Vice Mayor Gawron, second by Commissioner Wisneski to approve the
Consent Agenda as read.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Gawron, and Spataro
Nays: None
MOTION PASSES
2010-46 UNFINISHED BUSINESS:
A. SECOND READING: Ordinance Setting Fiscal Year and Budget Calendar.
FINANCE
SUMMARY OF REQUEST: Last November, voters approved Charter Amendments
that gave the City Commission authority to set the City’s fiscal year and change
the budget adoption process. The ordinance is intended to implement these
changes. The proposed ordinance sets the City’s fiscal year as of July 1 (starting in
2010) and also lays out a budget adoption process that eliminates the requirement
we have had in the past of adopting a budget months in advance of the start of
the fiscal year.
FINANCIAL IMPACT: The change in fiscal years will help stabilize City finances and
make the City’s fiscal period consistent with the majority of Michigan’s city
governments. The change in budget process will help ensure the City’s budget is
prepared with the most current information available and does not become
outdated before the fiscal year begins.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Adoption of the ordinance.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to adopt the
ordinance regarding setting the fiscal year and budget calendar.
ROLL VOTE: Ayes: Wierengo, Wisneski, Gawron, Spataro, and Warmington
Nays: None
MOTION PASSES
2010-47 NEW BUSINESS:
A. Transmittal of Proposed 2010-11 Budget. FINANCE
SUMMARY OF REQUEST: Transmittal of 2010-11 budget per new ordinance that has
been presented to you for adoption. This budget implements the change to a July
1 fiscal year start.
FINANCIAL IMPACT: See budget document.
BUDGET ACTION REQUIRED: The budget must be approved on or before the
second City Commission Meeting in June.
STAFF RECOMMENDATION: The budget will be discussed in detail at the June 7th
Commission Worksession.
No action necessary at this time.
B. Sappi Settlement Agreement. CITY MANAGER
SUMMARY OF REQUEST: To approve a settlement agreement between the City of
Muskegon and Sappi Fine Paper North America to resolve any tax-related claims
between the parties.
FINANCIAL IMPACT: Approximately $700,000 to the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement and authorize the Mayor
and Clerk to execute it.
Motion by Vice Mayor Gawron, second by Commissioner Wisneski to approve the
Sappi settlement agreement.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, Wierengo, and Wisneski
Nays: None
MOTION PASSES
C. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
362 E. Forest Avenue
510 White Avenue (Area 11) – WITHDRAWN PER STAFF REQUEST
1847 5th Street (Garage)
SUMMARY OF REQUEST: This is to request that the City Commission concur with the
findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 30 days. It is
further requested that administration be directed to obtain bids for the demolition
of the structures and that the Mayor and City Clerk be authorized and directed to
execute a contract for demolition with the lowest responsible bidder.
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision
to demolish.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 1847 5th Street garage
only.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, Wierengo, and Wisneski
Nays: None
MOTION PASSES
Commissioner Shepherd arrived at 5:43 p.m.
Motion by Commissioner Spataro, second by Commissioner Wisneski to concur
with the Housing Board of Appeals notice and order to demolish 362 E. Forest.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, and
Gawron
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Spataro announced that the Muskegon
Community College softball team won the National Junior College Athletic
Association Division II softball national championship on Saturday.
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 5:53 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
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