View the PDF version Google Docs PDF Viewer View the Video
CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 23, 2012
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, October 23, 2012.
Mayor Gawron opened the meeting with a prayer from George Monroe from
the Evanston Avenue 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 Gawron, Vice Mayor Lawrence Spataro,
Commissioners Willie German, Sue Wierengo, Byron Turnquist, Lea Markowski,
and Eric Hood, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Cummings.
2012-78 HONORS AND AWARDS:
A. 2012 Employee Service Awards.
Mayor Gawron and the Commissioners presented the Service Awards to the City
employees thanking them for their years of service.
2012-79 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the October 8th Commission
Worksession Meeting and the October 9th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
C. West Michigan Metropolitan Transportation Planning Program
(WestPlan) Dues FY 2013 (October 1, 2012 – September 30, 2013). CITY
MANAGER
SUMMARY OF REQUEST: To approve the City of Muskegon’s portion of the
WestPlan dues, payable to West Michigan Shoreline Regional Development
Commission. This agency determines projects and distributes federal
1
transportation funds.
FINANCIAL IMPACT: $16,040.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve this request.
D. Polling Place Accessibility Improvement Grant. CITY CLERK
SUMMARY OF REQUEST: The Michigan Department of State has issued a grant in
the amount of $48,660 to the City to make various improvements to polling
locations for accessibility. Polling locations are currently located in City buildings
and School buildings.
Before actual repairs are made, agreements will need to be signed authorizing
the building to be used as a polling location for six years.
FINANCIAL IMPACT: Engineering costs. There is no match to the grant.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreements with the condition that
we secure six year agreements for use of the buildings as a polling location.
E. U. S. Environmental Protection Agency (USEPA) Grant Submittal.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Site Assessment grants that the City of Muskegon
has received through the United States Environmental Protection Agency
(USEPA) and the Michigan Department of Environmental Quality (MDEQ) have
been invaluable in assisting the development of our community. Unfortunately,
the current USEPA Site Assessment funds have nearly been exhausted. However,
we would like to apply for the 2012 USEPA Hazardous Substances and Petroleum
Brownfield Assessment Grant. The application is due November 19, 2012.
Envirologic Technologies Inc. (Kalamazoo), our current USEPA grant manager,
has once again agreed to prepare the grant on the City of Muskegon’s behalf
(with assistance from our staff). The City will apply for both “hazardous
substances” and “petroleum” brownfield assessment funds. The City will go
through a RFP process for environmental consultants if we are approved for the
grants.
FINANCIAL IMPACT: If approved, the City of Muskegon will receive up to
$200,000 in hazardous substances assessment funds and up to $200,000 in
petroleum assessment funds to assist in brownfield redevelopment.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign.
2
F. Lynx Network – Request for Permit Under METRO Act. ENGINEERING
SUMMARY OF REQUEST: Approve the request for a permit from the LYNX Group
and authorize the Mayor to sign the Unilateral permit form.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request for a permit to install fiber
optics in the City’s right of way; Terrace and Clay area.
G. Amendment to the Zoning Ordinance. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Section 1504 of the
zoning ordinance amend the preamble of the WI-PUD, Waterfront Industrial
Planned Unit Development Districts to modify dimensional requirements on new
principal buildings.
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 October 11, 2012, meeting by a unanimous
decision.
H. Amendment to the Zoning Ordinance. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Section 1504 of the
zoning ordinance to allow manufacturing when associated with port activity as
a use permitted in WI-PUD, Waterfront Industrial Planned Unit Development
Districts.
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 October 11, 2012, meeting by a unanimous
decision.
I. Liquor License Request – Unruly Brewing Company, LLC, 360 W.
Western. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Unruly Brewing Company, LLC, for a new
Micro Brewer License and a Small Wine Maker License located at 360 W.
3
Western Avenue.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Hood, second by Vice Mayor Spataro to approve the
Consent Agenda as read except item B.
ROLL VOTE: Ayes: Wierengo, Turnquist, Markowski, Gawron, Hood, Spataro, and
German
Nays: None
MOTION PASSES
2012-80 ITEM REMOVED FROM THE CONSENT AGENDA:
B. SECOND READING: Eliminate On-Street Parking Prohibition During
Winter Months. CITY MANAGER
SUMMARY OF REQUEST: To amend Chapter 92, Article II, of the Code of
Ordinances of the City of Muskegon to repeal Section 8.31, which prohibited
parking on the street between 2:00 a.m. and 6:00 a.m. on any day between the
dates of November 15 and April 15 or any other time when snow removal is
necessary.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the ordinance amendment.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to approve
the elimination of on-street parking prohibition during winter months.
ROLL VOTE: Ayes: Markowski, Gawron, Hood, Spataro, German, Wierengo, and
Turnquist
Nays: None
MOTION PASSES
2012-81 PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate – Forming
Technologies. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Forming Technologies, LLC, 1885 E. Laketon Ave., has requested the issuance of
an Industrial Facilities Tax Exemption Certificate. The total capital investment will
be $70,694 in real property and $561,059 in personal property and will create 21
jobs. This qualifies them for a tax abatement of 12 years on real property
4
and 9 years on personal property.
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 for real property and 9
years for personal property.
The Public Hearing opened to hear and consider any comments from the
public. Comments were heard from David Hembree, 1885 W. Laketon,
representative from Forming Technologies.
Motion by Commissioner Hood, second by Vice Mayor Spataro to close the
Public Hearing and approve the resolution granting an Industrial Facilities
Exemption Certificate for a term of 12 years for real property and 9 years for
personal property for Forming Technologies.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Wierengo, Turnquist, and
Markowski
Nays: None
MOTION PASSES
2012-82 NEW BUSINESS:
A. First Quarter 2012-13 Budget Reforecast. FINANCE
SUMMARY OF REQUEST: At this time staff is transmitting the First Quarter 2012-13
Budget Reforecast which outlines proposed changes to the original budget that
have come about as result of changes in revenue projections, policy priorities,
labor contracts, updated economic conditions, or other factors. This year there
are more changes than normal for the first quarter reforecast.
FINANCIAL IMPACT: Specific proposed changes to the budget include:
• The beginning fund balance for the General Fund is $5,020,045 (as
audited) up from $4,576,273 estimated at the time the budget was
prepared;
• General Fund revenues are reforecast to be $271,412 (-1.2%) lower than
originally budgeted. The decrease is mostly attributable to the following
changes:
• Lower property tax revenues due to the tax appeal settlement with
Consumers Energy;
• This loss is somewhat offset by estimated higher income tax and
state shared revenues;
• General Fund expenditures are estimated to be $633,024 (-2.6%) lower
than originally budgeted:
5
• Benefit costs are projected lower for all departments due to better
than expected actuarial valuation results for retiree healthcare and
pensions.
• Privatization of inspections and the new streetlighting contract with
Consumers Energy also contribute to lower costs;
• The contingency account is increased $150,000 for possible tax
appeal outcomes.
• The General Fund operating deficit is $214,126 as compared to $575,738
when the original budget was adopted.
BUDGET ACTION REQUIRED: City Commission approval of this reforecast will
formally amend the City’s 2012-13 budget.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to approve
the First Quarter 2012-2013 Budget Reforecast.
ROLL VOTE: Ayes: Spataro, German, Wierengo, Turnquist, Markowski, Gawron,
and Hood
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:04 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
6
Sign up for City of Muskegon Emails