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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 10, 2006
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, January 10,
2006.
Mayor Warmington opened the meeting with a prayer from Pastor David
Rogers from the Zion Baptist Church 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,
Commissioner Chris Carter, Kevin Davis, Clara Shepherd, Lawrence Spataro, and
Sue Wierengo, City Manager Bryon Mazade, City Attorney John Schrier, and City
Clerk Gail Kundinger.
2006-02 HONORS AND AWARDS:
A. 22nd Annual National Night Out. PUBLIC SAFETY
Denny Powers presented certificates to the Neighborhood Associations, Plumbs,
Lowe’s, Consumers Energy, and Target thanking them for their work and for
bringing this recognition to Muskegon.
2006-03 INTRODUCTIONS/PRESENTATION:
Commissioner Shepherd introduced Mrs. Donna Littlejohn, Executive Director
and CEO, of the Muskegon Family Care Center.
2006-04 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the December 12th Commission
Worksession, and the December 13th Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Appointment to Muskegon Housing Commission. CITY MANAGER
SUMMARY OF REQUEST: To confirm the re-appointment of Mary Jo McCann to
the Muskegon Housing Commission for a 5-year term, from 2-1-06 to 1-31-11.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends that the City Commission confirms
the appointment.
C. FIRST READING: Rezoning Request for Property Located at 65 W.
Laketon Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property located at 65 W.
Laketon Avenue, from R-1, One Family Residential to B-4, General Business.
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 12-15-05 meeting. The vote was unanimous.
D. Vacation of the East/West Alley in Block 203 of the City of Muskegon
Revised Plat of 1903. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of the east/west alley in City of
Muskegon Revised Plat of 1903, Block 203, bounded by Wood Street, Amity
Avenue, Emerald Street and Orchard Avenue.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the alley, with the
condition that all utility easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
vacation of the alley at their 12-15-05 meeting, with the condition that all utility
easement rights be retained. The vote was unanimous.
E. Vacation of a Portion of East Western Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for the vacation of E. Western Avenue,
between Ottawa and Hall Streets.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the portion of E.
Western Avenue, with the condition that all utility easement rights be retained,
including the new Muskegon County sewer line easement.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
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recommended the vacation, with the condition as listed above.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
Consent Agenda as read.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Carter
Nays: None
MOTION PASSES
2006-05 NEW BUSINESS:
A. Clerical/Technical Union Tentative Agreements. ASSISTANT CITY
MANAGER
SUMMARY OF REQUEST: To approve the set of tentative agreements reached
with the Clerical/Technical Union and amend the Clerical Pension Ordinance
accordingly, and to authorize the Mayor to sign a three-year bargaining
agreement for the period 1/1/06 to 12/31/08.
FINANCIAL IMPACT:
Union Issues:
Pension
1. Provide a deferred compensation program with a match from $500 per
employee per year.
Wages
1. An across the board 2% pay increase in each of three years and a one
time payment of $100 for all full-time employees covered by the collective
bargaining agreement upon signing of the contract.
2. Annual payment of $150 to bi-lingual Union employees fluent in Spanish.
City Issues:
Insurance
1. Increase co-pays for generic drugs to $20 and brand name drugs to $40
for individuals in the traditional plan. If there is no generic brand, then the
generic brand co-pay applies.
2. Increase employee premium co-pay to $20 bi-weekly.
3. Investigate the establishment of an employee health insurance savings
account in order to allow employees to contribute pre-tax monies to be
used for health and prescription costs after retirement.
Pension
1. Employees hired after January 1, 2006, will participate in a defined
contribution retirement plan instead of the defined benefit plan.
City shall contribute 3% of pay. If the employee contributes 3% of pay,
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the City will match that amount. Employee’s contribution shall be fully
vested. The City’s contribution shall be 20% vested after the first year, 40%
vested after the second year, 60% vested after the third year, 80% vested
after the fourth year and 100% vested after the fifth year. Current
employees will be provided a one time option of rolling over from the
defined benefit retirement plan to the defined contribution retirement
plan.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the Clerical/Technical Union contract agreement and authorize the Mayor and
Clerk to sign the necessary documents.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
B. FIRST READING: Zoning Ordinance Amendment for Outdoor Solid Fuel
Heating Appliances. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2311 of Article XXIII (General
Provisions) to prohibit outdoor solid fuel heating appliances in all zoning districts.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend language regarding outdoor solid fuel heating
appliances.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 12/15/05 meeting. The vote was unanimous.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve
the amendment of Section 2311 of Article XXIII to prohibit outdoor solid fuel
heating appliances in all zoning districts.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
C. FIRST READING: Zoning Ordinance Amendment to Article II (Definitions)
of the Zoning Ordinance. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions) to add a
definition for “Solid Fuel Heating Appliance”.
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FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to add a definition for “Solid Fuel Heating Appliance”.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their 12/15/05 meeting. The vote was
unanimous in favor of the amendment.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
amendment of Article II of the Zoning Ordinance to add a definition for “Solid
Fuel Heating Appliance”.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
D. Extending the Deadline for Taking Action on Proposed Mall Historic
District. PLANNING & ECONOMIC DEVELOPMENT DEPARTMENT
SUMMARY OF REQUEST: To extend the deadline for taking action on the
proposed Mall Historic District. A public hearing was held on January 21, 2004,
but no action was taken. This public hearing triggered an automatic one-year
deadline for taking action. City Commission extended this deadline for one
year in January of 2005. Because that deadline will expire shortly, Staff is
requesting that the City Commission extend the deadline for one more year.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution extending the time period
to take action on whether or not to designate the Mall buildings as a historic
district.
Motion by Commissioner Shepherd, second by Commissioner Spataro to
approve the extending of the deadline for taking action on the proposed Mall
Historic District.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
E. Release of Funds and Certification for U.S. Department of Housing and
Urban Development. CITY MANAGER
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the release of funds and certification for the U.S. Department of
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Housing and Urban Development.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2006-06 CLOSED SESSION: To discuss pending litigation.
Motion by Commissioner Davis, second by Commissioner Spataro to go into
Closed Session to discuss pending litigation at 6:10 p.m.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
Motion by Commissioner Carter, second by Vice Mayor Gawron to go back into
Open Session at 6:33 p.m.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Carter
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to concur
with the City Attorney’s recommendation and accept the settlement offer and
authorize the Mayor and City Clerk to sign the necessary documents.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:35 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
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