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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 9, 2004
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 9,
2004.
Vice Mayor Larson opened the meeting with a prayer from Pastor Sarah
Johnson of the Word of Truth Outreach after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Vice Mayor Bill Larson, Commissioner Lawrence Spataro, Chris
Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, City Manager Bryon
Mazade, City Attorney John Schrier, and City Clerk Gail Kundinger.
Absent: Mayor Stephen Warmington (excused).
2004-98 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, October 26, 2004.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. SECOND READING: Adoption of Alternative Provision of City Income
Tax Act (Act 284 of 1964). INCOME TAX
SUMMARY OF REQUEST: The adoption of the alternative provision of the City
Income Tax Act, (Act 284 of 1964), Chapter 3, Section 141.760 which will require
employers over the one hundred dollar monthly withholding threshold to pay to
the City the full amount of tax withheld on or before the last day of the month
following the close of each calendar month. Effective January 1, 2005.
FINANCIAL IMPACT: The adoption of this provision will allow the City to collect
revenue faster. Also, it will enhance our ability to forecast economic trends from
a quarterly to a monthly basis.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval recommended.
C. Request for Encroachment Agreement by Muskegon Area
Intermediate School District. ENGINEERING
SUMMARY OF REQUEST: MAISD has submitted an encroachment agreement
form requesting your permission to install an underground conduit to carry a
fiber optic between their facilities on Harvey Street. The proposed route will be
the west side of Harvey between Oak & Stebbins.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement with the
supplemental conditions.
D. City – MDOT Agreement for: Bridge Work Over the South Branch of the
Muskegon River. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the Bridge work
on US-31 BR over the southern branch of the Muskegon River and to approve
the resolution authorizing the Mayor and City Clerk to sign the contract. The
proposed work consists of structure replacement and bridge approaches.
FINANCIAL IMPACT: While this is an MDOT project the City’s participation is
required under ACT-51 since the project falls within the City limits. The City’s
share is estimated at $28,300 but not more than 11.25% of eligible cost. The total
cost of the project is estimated at $1,386,100.
BUDGET ACTION REQUIRED: None at this time. The City’s share of the cost will
come out of the 2005 Major Street Fund as was budgeted.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
E. Appointment and Resignation to Various Boards and Committees. CITY
CLERK
SUMMARY OF REQUEST: To appoint Shontea Jenkins to the Civil Service
Commission, and Manda Weller to the Citizen’s District Council. Accept
resignations from Daniel Chambers from the Historic District Commission, Trudy
Borset from the Citizens District Council, and Ben Bifoss from the Downtown
Development Authority/Brownfield Redevelopment Authority Board.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: The Community Relations Committee
recommended the appointments and resignations.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the Consent Agenda.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, and Spataro
Nays: None
MOTION PASSES
2004-99 NEW BUSINESS:
A. Request to Vacate Public Utility Rights and Abandon In Place Existing
Utilities in Seaway Industrial Park. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: The City has vacated the public alleys located within
the Seaway Industrial Park. This was done in October 2003 as part of the
assembly of land acquired by the City to establish new parcels for industrial
development. As is policy in the City, we retained easement rights in these
alleys at the time they were vacated. It is now necessary for construction on the
effected parcels to take place, to vacate these utility rights and abandon all in-
place existing utilities in these vacated alleys.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: For the Mayor and Clerk to sign the resolution
approving the vacation of the public utility rights and abandoning the in-place
existing utilities.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the vacation of the public utility rights and abandoning the in-place existing
utilities.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, and Spataro
Nays: None
MOTION PASSES
B. Notice of Intent and Reimbursement Resolution – Possible Capital
Improvement Bond Issue. FINANCE
SUMMARY OF REQUEST: The City is faced with a number of important capital
project needs that likely will require debt financing: 1) new central fire station, 2)
matching funds for $1 million marina improvements grant, 3) funds to complete
the lakeshore trail project, 4) possible second ice sheet to replace Arena Annex
and help reduce Arena’s operating deficit, 5) funds for Fisherman’s Landing
facilities. The two resolutions represent the first step in the bonding process and
serve two purposes: 1) the “notice of intent resolution” provides the necessary
legal notice to the public of the possible bond issue and, 2) the “reimbursement
resolution” provides a legal basis for the City to be reimbursed from bond
proceeds for project costs incurred prior to bond issuance.
FINANCIAL IMPACT: The only immediate cost associated with this action is the
cost of publication in the Chronicle. If bonds are issued, the projected amount
will be $7 million to be repaid over 20 years. Annual debt service is estimated to
be $530,000 per year. The size of the bond issue may be reduced by possible
grant funding and/or land sale proceeds. Annual debt service will be covered
by a combination of sources including marina revenues (pending state
approval of our request for more seasonal slips); DDA tax increment revenues for
eligible projects located in the DDA area (i.e. annex, portion of trail), and
general fund resources anticipated to be made available by
reducing/eliminating the LC Walker operating deficit.
BUDGET ACTION REQUIRED: None at this time. The cost of the newspaper
publication can be covered within the current budget. Once bonds are sold,
debt service will be budgeted over the life of the bonds (20 years).
STAFF RECOMMENDATION: Approval of the resolution.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the resolutions.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, and Carter
Nays: None
MOTION PASSES
C. Amendment to Cross-Lake Ferry Agreement. CITY MANAGER
SUMMARY OF REQUEST: To approve an amendment of Exhibit A (property
description) of the Cross-Lake Ferry lease agreement. The actual property being
used for the ferry operation changed during construction of the improvements
from the property identified in the original lease.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the amendment.
Motion by Commissioner Shepherd, second by Commissioner Carter to approve
the amendment to the Cross-Lake Ferry Agreement.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Carter, and Davis
Nays: None
MOTION PASSES
D. Salary Ranges for Planning & Economic Development Division. CITY
MANAGER
SUMMARY OF REQUEST: To approve salary ranges for the following positions in
the reorganized Planning & Economic Development Division:
1) Planner III – Range VII-A ($38,061-$50,751)
2) Planner II – Range VIII ($33,698- $44,933)
3) Code Coordinator – Range VIII ($33,698-$44,933)
4) Planner I – Range IX ($29,694-$39,592)
FINANCIAL IMPACT: Reorganization changes cost an additional $46,340.
BUDGET ACTION REQUIRED: None. These changes are accommodated for in
the 2005 budget.
STAFF RECOMMENDATION: To approve the proposed salary ranges.
Motion by Commissioner Gawron, second by Commissioner Shepherd to
approve the salary ranges.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Carter, Davis, and Gawron
Nays: None
MOTION PASSES
The City Commission Meeting adjourned at 5:55 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
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