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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 9, 2010
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
A. 2010 Employee Service Awards. CIVIL SERVICE
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Contractual Agreement – Michigan Department of State. PUBLIC
SAFETY
C. Liquor License Request – Ingalls Business Acquisition, Inc., 555 W.
Western. CITY CLERK
D. Liquor License Request – Carlie & Tracy’s Saugatuck Breeze, LLC, 151
Shoreline Drive. CITY CLERK
E. Fireworks Display Permit. CITY CLERK
F. Transmittal of 6/30/10 Comprehensive Annual Financial Report.
FINANCE
PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate – Fleet
Engineers. PLANNING & ECONOMIC DEVELOPMENT
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
A. SECOND READING: Amendments to the Zoning Ordinance – Modify
Parking Restrictions. PLANNING & ECONOMIC DEVELOPMENT
NEW BUSINESS:
A. Rezoning Request for the Property Located at 1823 Commerce Street.
PLANNING & ECONOMIC DEVELOPMENT
B. Master Contract for the Muskegon County Wastewater System. CITY
MANAGER
C. Muskegon Summer Celebration Request. CITY MANAGER
ANY OTHER BUSINESS:
PUBLIC PARTICIPATION:
Reminder: Individuals who would like to address the City Commission shall do the following:
Fill out a request to speak form attached to the agenda or located in the back of the room.
Submit the form to the City Clerk.
Be recognized by the Chair.
Step forward to the microphone.
State name and address.
Limit of 3 minutes to address the Commission.
(Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
CLOSED SESSION:
ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD:
(231) 724-4172.
AGENDA ITEM
CITY COMMISSION MEETING
November 9, 2010
TO: Honorable Mayor and City Commissioners
FROM: Karen Scholle, Civil Service Personnel Director
DATE: October 29, 2010
RE: 2010 Employee Service Awards
SUMMARY OF REQUEST:
Commission participation in the 2010 Employee Service Awards presentations during
Honors and Awards portion of City Commission meeting.
FINANCIAL IMPACT:
Included in 2010 Civil Service budget.
BUDGET ACTION REQUIRED:
None. This is a 2010 Civil Service Budget item.
COMMITTEE RECOMMENDATION:
N/A
STAFF RECOMMENDATION:
Staff respectfully requests your participation in this year’s service awards event.
Date: November 9, 2010
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the City
Commission Meeting that was held on Tuesday, October 26, 2010.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 26, 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, October 26,
2010.
Vice Mayor Gawron opened the meeting with a prayer from Pastor Marcy
Miller from Samuel Lutheran Church after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Vice Mayor Stephen Gawron, Commissioners Sue Wierengo, Steve
Wisneski, Chris Carter, Clara Shepherd, and Lawrence Spataro, City Manager
Bryon Mazade, City Attorney John Schrier, and City Clerk Ann Marie Becker.
Absent: Mayor Stephen Warmington (excused).
2010-89 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the October 11th Commission
Worksession Meeting and the October 12th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Liquor License Request – Michigan Commerce Bank. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request to transfer all rights to renewal of an escrowed
2009 Class C Licensed Business with Dance-Entertainment Permit, located at 677
W. Laketon, Muskegon, from Cuti’s Sports Bar and Grill, Inc. to Michigan
Commerce Bank, with licenses to be held in Escrow.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
C. Amendments to the Zoning Ordinance – Modify Parking Restrictions.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Section 2326 (Off-Street
Parking and Loading) of Article XXIII (General Provisions) to modify parking
restrictions in the downtown parking overlay district. The amendment would
loosen the parking restrictions for small businesses that locate in to a previously
existing building.
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 14th meeting.
D. Donation Program for 2010 Individual Income Tax Returns. INCOME
TAX
SUMMARY OF REQUEST: Approval of multiple donations programs for the 2010
income tax returns. Every year our goal is to increase the number of refunds
donated to our designated programs. Last year, 463 taxpayers donated their
refunds to our donation programs for a grand total of $2,386.
For 2010 the three donation programs are Lakeshore Trail Improvements,
Muskegon Recreational Center, and the Downtown Main Street.
FINANCIAL IMPACT: The average amount collected each year is $2,000. Each
donated refund saves the City approximately $1.25 in checks, fees and
postage.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
E. DDA Bond Refunding. FINANCE
SUMMARY OF REQUEST: Historically low interest rates make it possible to refund
the remaining bonds outstanding from the 1990 Mall redevelopment effort. The
original bonds were restructured and refunded in 2001 at significant savings to
the DDA/City. Because the City pledges limited full faith and credit taxing
power to repayment of the bonds, both the City and the DDA must take action.
Interest rates are very favorable and a recent analysis shows that these bonds
can be refunded a second time with projected present value savings of
$102,858 (after issuance costs). This equates to 5.13% of the outstanding
principal. A general rule of thumb is that PV savings should equal at least 2% of
bond principal in order to proceed with a refunding.
FINANCIAL IMPACT: Present value savings of $102,858 (after issuance costs).
BUDGET ACTION REQUIRED: None at this time. Interest savings will be reflected
in future years’ DDA budgets.
STAFF RECOMMENDATION: Adoption of the bond authorizing resolution.
F. City – MDOT Agreement for Traffic Signals Upgrade to Box Span Along
Laketon at Hoyt, Getty and Roberts. ENGINEERING
SUMMARY OF REQUEST: To adopt the resolution and approve the contract with
MDOT to upgrade four traffic signals along Laketon Avenue at Hoyt, Wood,
Getty and Roberts and to authorize the Mayor and Clerk to sign said contract.
The upgrade at the Wood Street intersection consists of installing left turn
movement detection. As for the other three intersections; convert the signals
into Box Span which will make it easier for traffic to see and thus safer
intersections.
FINANCIAL IMPACT: The estimated cost of the project is $275,400 of which MDOT
pays up to $215,200 toward participating items of work and the remaining is the
City’s share.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both
Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, and Spataro
Nays: None
MOTION PASSES
2010-90 NEW BUSINESS:
A. eTax Withholding Software. INCOME TAX
SUMMARY OF REQUEST: The Income Tax Department seeks approval to enter
into a contract with InSource Solutions Group to purchase the eTax Withholding
program. The eTax Withholding tool enables business to make withholding
payments electronically, submit W-2’s electronically, and print withholding
booklets directly off our website.
FINANCIAL IMPACT: This product alone will save our department $3,000 annually
because we will no longer have to print and mail over 1,200 withholding
booklets. Companies that withhold will simply login to our website to download
all the necessary forms. Also, they can submit their monthly or quarterly
payments online.
BUDGET ACTION REQUIRED: $7,500/one time set up fee
$2,500 Annual Maintenance
$ 75/per month Hosting
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the contract with InSource Solutions Group.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, and Wierengo
Nays: None
MOTION PASSES
B. 2010 National League of Cities Membership Dues. CITY CLERK
SUMMARY OF REQUEST: The 2010 National League of Cities Membership Dues
has been received.
FINANCIAL IMPACT: $3,813.
BUDGET ACTION REQUIRED: Not budgeted for.
STAFF RECOMMENDATION: None.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the National League of Cities membership dues payment.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Wierengo, Wisneski, and Carter
Nays: None
MOTION PASSES
C. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
753 Oak Avenue (REMOVED PER STAFF REQUEST)
1554 Pine Street (Area 11)
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structure is unsafe,
substandard, a public nuisance and that it be demolished within 30 days. 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.
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Shepherd, second by Commissioner Wierengo to
concur with the Housing Board of Appeals notice and order to demolish 1554
Pine Street.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Wierengo, and Wisneski
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 5:58 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
City Commission Meeting
Tuesday November 9, 2010
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
DATE: October 28, 2010
SUBJECT: Contractual Agreement-Michigan Department of State
________________________________________________________________________
Summary of Request:
The Director of Public Safety is requesting approval to enter into an agreement with the
Michigan Department of State whereby the Department of State will provide driver,
vehicle, and related information to the city. The purpose for entering into this agreement
is to assist code enforcers with obtaining accurate information to meet district court
requirements when completing civil infraction citations.
Financial Impact:
None
Budget Action Required:
None
Staff Recommendation:
Approval of the agreement.
Date: November 9, 2010
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Liquor License Request
Ingalls Business Acquisition, Inc.
555 W. Western
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Ingalls Business Acquisition,
Inc., 555 W. Western (Mikes Inn) for a New Entertainment Permit to be
held in conjunction with 2010 Class C Licensed Business.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval.
Date: November 9, 2010
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Liquor License Request
Carlie & Tracy’s Saugatuck Breeze, LLC
151 Shoreline Drive
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Carlie & Tracy’s Saugatuck
Breeze, LLC is requesting a New Resort Class C License to be issued
under MCL 436.1531(3) with Entertainment Permit, Outdoor Service (1
Area), New Dance Permit, Official Food, and Three Additional Bar
Permits (Total of 4) to be located at 151 Shoreline Drive.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval.
Date: November 9, 2010
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Fireworks Display Permit
SUMMARY OF REQUEST: Lisa Lohman, Performers of the U.S. is
requesting approval of a fireworks display permit for November 17th at
the Muskegon Lumberjacks game. Fire Marshall Metcalf has reviewed
the request and recommends approval contingent on inspection of the
fireworks and approval of the insurance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of the insurance.
Date: November 9, 2010
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Transmittal of 6/30/10 Comprehensive Annual Financial Report
________________________________________________________________
SUMMARY OF REQUEST: The City's 6/30/10 Comprehensive Annual
Financial Report (CAFR) has previously been distributed to City Commissioners.
This audit covers the six month transition period that was needed for the City to
change its fiscal year. At this time the CAFR is being formally transmitted to the
Commission in accordance with state law. The CAFR has been prepared in
accordance with GASB accounting standards. The CAFR also includes the
single-audit of federal grants received by the City.
FINANCIAL IMPACT: None. The CAFR report summarizes the City's
financial activities for the six-month transition period and includes the
independent auditor's unqualified opinion on the City's financial statements.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Acceptance of the CAFR for the period
ended 6/30/10.
COMMITTEE RECOMMENDATION: The Committee of the Whole will
th
review the CAFR in detail at its November 8 meeting.
AGENDA ITEM NO. ______________
CITY COMMISSION MEETING _____________________
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: November 2, 2010
RE: Master Contract for the Muskegon County Wastewater System
SUMMARY OF REQUEST:
To consider approving the proposed Master Contract for the Muskegon County Wastewater
System. This contract would replace the 1970 Access Rights Agreement and the 1998
Amended Service Agreement.
FINANCIAL IMPACT:
The contract will be the basis for determining the wastewater rates charged to the City for
the next 20(+) years.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
None.
COMMITTEE RECOMMENDATION:
None.
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