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CITY OF MUSKEGON CITY COMMISSION MEETING APRIL 12, 2016 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA □ CALL TO ORDER: □ PRAYER: □ PLEDGE OF ALLEGIANCE: □ ROLL CALL: □ HONORS AND AWARDS: □ INTRODUCTIONS/PRESENTATION: Sister Cities Report □ CITY MANAGER’S REPORT: □ CONSENT AGENDA: A. Approval of Minutes City Clerk B. Approval of the Use & Maintenance of City Owned Property at 1349 6th Street Planning & Economic Development Department C. Intergovernmental Agreement for Traffic Signal Maintenance Contract Department of Public Works D. Request to Purchase Docks for Jaycee’s Launch Ramp Department of Public Works E. Sale of Buildable Vacant Lot at 1315 McLaughlin Planning & Economic Development F. Water System Reliability Study Department of Public Works G. Beverage Vending Contract for Parks/Marina Facilities Department of Public Works H. 2016/17 Water Treatment Sodium Hypochlorite Bids Department of Public Works – Water Filtration Plant □ PUBLIC HEARINGS: A. Request to Establish an Obsolete Property District – 794 Pine Street Planning & Economic Development B. Request to Issue an Obsolete Property Certificate – Corepark Investments, LLC – 794 Pine Street Planning & Economic Development □ COMMUNICATIONS: □ UNFINISHED BUSINESS: □ NEW BUSINESS: □ 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 MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724- 6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705. Date: April 6, 2016 To: Honorable Mayor and City Commissioners From: Ann Marie Meisch, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve minutes of the March 22, 2016 Regular City Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING MARCH 22, 2016 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, March 22, 2016. Commissioner Willie German, Jr. opened the meeting with prayer, after which the Commission and public recited the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Gawron, Vice-Mayor Hood, Commissioners Kenneth Johnson, Debra Warren, Willie German, Jr., Daniel Rinsema-Sybenga, and Byron Turnquist, City Manager Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Meisch. 2016-21 CONSENT AGENDA: A. Approval of Minutes City Clerk SUMMARY OF REQUEST: To approve minutes of the February 23, 2016 Regular City Commission Meeting, the March 7, 2016 Work Session Meeting, and the March 10, 2016 Special City Commission Meeting. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes. B. Aggregates, Highway Maintenance Materials, and Concrete Department of Public Works SUMMARY OF REQUEST: • Award supply of Calcium Chloride 38% (road brine) and 32% (winter salting) to Great Lakes Chloride • Award bid to supply bituminous products (Base and Top) to Asphalt Paving, Inc. • Award to supply Sylvax patching material to Unique Paving Materials • Award bid to supply AE-90 Asphalt Emulsions to Bit-Mat Products • Award bid for crack sealant to Sherwin Industries. • Award bid to supply H1/32FA limestone chip blend to Verplank Trucking Company • Award bid to supply road slag to Verplank Trucking Company • Award bid to supply road gravel to Verplank Trucking Complany • Award bid to supply 2NS sand to Yellow Rose Transport • Award bid to supply screened top soil to Accurate Excavators • Award bid to supply Fill Sand to Accurate Excavators • Award bid to supply 7-sack mix concrete to Port City Redi-Mix FINANCIAL IMPACT: $490,978.00 BUDGET ACTION REQUIRED: None; funds appropriated in several budgets. STAFF RECOMMENDATION: Recommend approval of bids as outlined in Summary of Request. C. Special Event Request – Catamaran Racing Association of Michigan (CRAM) Request to allow overnight camping at Pere Marquette Park (in conjunction with their annual Catamaran sailing regatta) Community & Economic Development SUMMARY OF REQUEST: C.R.A.M. is holding their annual Catamaran sailing regatta at Pere Marquette Park the weekend of July 29 – 31, 2016. They are again requesting permission for their participants to camp overnight at the park, as they have done in previous years. They would like to use the City-owned parking lot across from The Deck restaurant for overnight camping, provided that the Deck’s owners (Harris Hospitality) approve (they approved it last year; they will provide us with written permission from the Harris’s for this year also). They expect between 8 and 15 RVs in the lot overnight. This is the event’s ninth year of operation and there have been no problems in the past with this group. They will provide proof of liability insurance. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve overnight camping at Pere Marquette Park for this event on July 29, 30, and 31, 2016. D. Community Relations Committee Recommendations for Various City Boards and Committees City Clerk SUMMARY OF REQUEST: Accept the recommendations from the Community Relations Committee and appoint to the Citizen’s District Council, Veania Coleman, and to the Construction Code Board of Appeals James Marvin Fox. FINANCIAL IMPACT: None STAFF RECOMMENDATION: Approval COMMITTEE RECOMMENDATION: Approval Motion by Commissioner Turnquist, second by Vice Mayor Hood, to approve the Consent Agenda as presented. ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga, Turnquist, and Johnson Nays: None MOTION PASSES 2016-22 PUBLIC HEARINGS: A. Establishment of a Commercial Redevelopment District – 880 1st Street, 216 W. Clay Avenue, 208 W. Clay Avenue Planning & Economic Development SUMMARY OF REQUEST: Pursuant to Public Act 255 of 1978, as amended, the Planning Department is requesting the establishment of a Commercial Redevelopment District. The creation of the district will allow any future parcel owners to apply for a Commercial Facilities Exemption Certificate, which will freeze the taxable value on the rehab of any existing building and also reduce the taxes of any new construction. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Establishment of the Commercial Redevelopment District. Public Hearing Commenced – no comments were received from the public. Motion by Commissioner Johnson, second by Commissioner Warren, to close the public hearing and establish the Commercial Redevelopment District at 880 1st Street, 216 W. Clay Avenue, and 208 W. Clay Avenue ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist, Johnson, and Gawron Nays: None MOTION PASSES B. Request to Establish an Obsolete Property Rehabilitation District – 880 1st Street and 216 W. Clay Avenue Planning & Economic Development SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, the Planning Department is requesting the establishment of an Obsolete Property Rehabilitation District at 880 1st Street and 216 W Clay Avenue. The creation of the district will allow any future building owners to apply for an Obsolete Property Rehab Certificate, which would freeze the buildings taxes at the pre-rehabilitated rate for up to 12 years. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the creation of the Obsolete Property Rehabilitation District. Public Hearing Commenced – no comments were received from the public. Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to close the public hearing and approve the creation of the Obsolete Property Rehabilitation District at 880 1st Street and 216 W. Clay Avenue. ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and Hood Nays: None MOTION PASSES C. Recommendation for Annual Renewal of Liquor Licenses City Clerk SUMMARY OF REQUEST: To adopt a resolution recommending non-renewal of those liquor license establishments who are in violation of Section 50-146 and 50- 147 of the Code of Ordinances for the City of Muskegon. These establishments have been found to be in non-compliance with the City Code of Ordinances and renewal of their liquor licenses should not be recommended by the City Commission. If any of these establishments come into compliance by March 22, 2016, they will be removed from this resolution, and recommendation for their renewal will be forwarded to the Liquor Control Commission. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Adoption of the resolution. Public Hearing Commenced – no comments were received from the public. Motion by Commissioner German, second by Commissioner Warren, to close the public hearing and adopt the resolution recommending annual renewal of liquor licenses. ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and Warren Nays: None MOTION PASSES D. Soliciting Input for the Michigan Natural Resources Trust Fund Grant at Pere Marquette Park Engineering SUMMARY OF REQUEST: The City will be applying for grant money from the Michigan Natural Resources Trust Fund for upgrades at Pere Marquette Park. The first step in this process is to hold a public hearing soliciting input on what the funds should be used towards. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Adoption of the Resolution. Public Hearing Commenced – no comments were received from the public. Motion by Vice Mayor Hood, second by Commissioner German, to close the public hearing and adopt the resolution soliciting input for the Michigan Natural Resources Trust Fund Grant at Pere Marquette Park. ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, Warren, and German Nays: None MOTION PASSES 2016-23 UNFINISHED BUSINESS: A. Tobacco Products Ordinance Amendments (SECOND READING) Public Safety SUMMARY OF REQUEST: In order to have the City’s enforcement ordinances align with other neighboring communities, our ordinance involving the use or possession of tobacco products was amended. The amended ordinance reflects a county-wide effort to standardize the enforcement as it relates to tobacco use and sales. At the same time address the use of vapor products and the use of electronic devices, which dispense nicotine solution or other forms intended for human consumption. As such, Section 54-242, Article VII, of the City of Muskegon ordinance is being repealed and replaced. In addition to the use of e-cigarettes and vapor products, the ordinance decriminalizes the use of tobacco and associated products; those citizens will receive a civil infraction violation. Those that illegally supply tobacco and related products will receive a misdemeanor violation as described by ordinance. See revised ordinance Chapter 54, Article VII, Section 242 for details. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Adopt revised ordinance (54-242 Article VII) as presented. Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson, to adopt revised ordinance (54-242 Article VII) as presented. ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, German, and Rinsema-Sybenga Nays: None MOTION PASSES B. Local Parking Ordinance Amendments (SECOND READING) Public Safety SUMMARY OF REQUEST: During the City’s last codification, several sections of the parking ordinance were amended. In order to have the City’s enforcement ordinances align with State law, some ordinances were moved to different sections of the code. Some noted sections of the ordinance were inadvertently removed during codification while rewriting the municipal code. Staff has worked with the codification personnel, as well as our City Attorney, to draft the needed changes. Also, this action is to rescind the first reading approved by City Commission on December 8, 2015, with recommended revisions. As such, Sections 58-3, 92-33, 92-71, 92-73, and 46-204 of the City of Muskegon ordinances have been rewritten to reflect the previously adopted ordinances and updated modifications because of the changes to the Uniform Traffic Code and to include the fee schedule for parking, civil violations, boat launch permits, and local parking restrictions. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Adoption of the amended ordinances and fee schedule as presented. Motion by Commissioner Johnson, second by Commissioner Warren, to adopt the amended ordinances and fee schedule as presented regarding the local parking ordinances. ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga, and Turnquist Nays: None MOTION PASSES 2016-24 NEW BUSINESS: A. Regarding 245, 255, and 285 West Western Avenue SUMMARY OF REQUEST: The previously-approved development agreement for 245, 255, and 285 West Western Ave. called for certain investments on the properties by December 31, 2015. As of today’s date, those investments are incomplete. Staff is requesting permission to notify Parkland Properties of their default and begin the process of curing those defaults. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To authorize staff to proceed as recommended. Motion by Commissioner Johnson, second by Commissioner German, to authorize staff to proceed as recommended. ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga, Turnquist, and Johnson Nays: None MOTION PASSES PUBLIC PARTICIPATION: Public comments were received. ADJOURNMENT: The City Commission adjourned at 6:09 p.m. Respectfully Submitted, Ann Marie Meisch, MMC, City Clerk Commission Meeting Date: April 12, 2016 Date: March 22, 2016 To: Honorable Mayor & City Commission From: Planning & Economic Development Department RE: Approval of the Use & Maintenance of City Owned Property at 1349 6th St SUMMARY OF REQUEST: To approve the use and maintenance of the City owned property located at 1349 6th St for a community garden. The property is buildable and the City would retain the right to sell the property with the community garden members having time to remove the garden prior to any sales. FINANCIAL IMPACT: The City would save on the cost of maintenance of this property. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the attached resolution and maintenance agreement. COMMITTEE RECOMMENDATION: None Maintenance Agreement This Agreement is made April 12, 2016 (“Effective Date”), by and between the City of Muskegon (“City”), of 933 Terrace Street, Muskegon, Michigan 49440, and the Nelson Neighborhood Improvement Association, Muskegon, Michigan. Background A. “City” is the owner of the vacant lot located at 1349 6th St (“Property”). B. The parties wish to enter into an agreement regarding the installation and maintenance of a garden located at the Property. C. The group has agreed to perform the installation and physical maintenance of the garden at the Property pursuant to the terms set forth in this maintenance agreement. Therefore, the parties agree as follows: 1. General Agreement. Individual agrees, at the sole cost of the Individual, to perform the installation and physical maintenance of a garden at the Property. 2. Site Design. Individual shall submit a garden design for the Property, and receive design approval from the City, prior to installation. City agrees not to unreasonably withhold its approval of the garden design. Any necessary permits or variances (fencing, lighting, electrical, plumbing, etc.) are the responsibility of the Individual and not the City and must be obtained prior to performing any work. 3. Maintenance. Individual shall be responsible for the physical installation of the garden and continuing maintenance of the Property, including i) mowing, trimming, fertilizing, weed control and any other routine maintenance of the grass, trees, shrubs and plantings at the Property, and ii) trash and litter removal from the Property. 4. Buildable Lot. City retains the right to sell the property at any time without prior notice to the Individual. In the event the property is sold, City shall notify the Individual, who shall have 30 days to remove any plantings and other items installed by the Individual. 5. Term. This maintenance agreement shall continue in effect until terminated by either party. Upon termination, Individual waives any claim against City for installation or maintenance of any item on the Property. 6. Insurance. Should the Individual place any items (picnic tables, grills, etc.) that are to remain on the property for an extended period of time, the Individual must purchase liability insurance and provide proof of the insurance to the City. 7. Hold Harmless. Individual shall indemnify, defend and save City harmless from and against any and all claims, actions, damages, liability and expense in connection with the loss of life, personal injury or damage to property arising from any occurrence in or about the Property or from the occupancy or use by Individual of the Property or any part thereof or resulting in whole or part from any act or omission of Individual, its employees, invitees, licensees, contractors or agents. City shall not be liable for any injury to the person or property of Individual or any other persons on the Property resulting from the criminal or negligent acts of third persons occurring on or nearby the Property. [signatures appear on following page] O:\CLERK\Common\Word\Agenda Items for Next Meeting\2016\041216\04b_maintenance agreement.doc City of Muskegon, a municipal corporation By: ______________________________ Name: Stephen J Gawron Title: Mayor Date: ___________________________ By________________________________ Name: Ann Meisch, MMC Title: Clerk Date: ___________________________ ___________________________________ ___________________________________ Name: ____________________________ Date: ____________________________ O:\CLERK\Common\Word\Agenda Items for Next Meeting\2016\041216\04b_maintenance agreement.doc Resolution No. _______ MUSKEGON CITY COMMISSION RESOLUTION APPROVING THE USE AND MAINTENANCE OF THE BUILDABLE LOT AT 1349 6th ST. WHEREAS, the Nelson Neighborhood Improvement Association be allowed to use and maintain the parcel designated as parcel number 24-205-389-0012-00, located at 1349 6th St; and WHEREAS, the City would reserve the right to sell the property and give the members time to remove the gardens prior to any sales; and WHEREAS, the maintenance would relieve the City from having to maintain the property and the maintenance costs while the garden is there; and NOW THEREFORE BE IT RESOLVED, that parcel number 24-205-389-0012-00, located at 1349 6th St be maintained for a community garden by the Nelson Neighborhood Improvement Association. CITY OF MUSKEGON REVISED PLAT OF 1903 N 1/2 LOT 12 BLK 389 Adopted this 12th day of April, 2016 Ayes: Nays: Absent By: _________________________ Stephen J. Gawron Mayor Attest: ________________________ Ann Meisch, MMC City Clerk CERTIFICATION I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on April 12, 2016. By: ________________________ Ann Meisch, MMC City Clerk AGENDA ITEM NO._____________ CITY COMMISSION MEETING ___________________ TO: Honorable Mayor and City Commission FROM: Department of Public Works DATE: April 12, 2016 SUBJECT: Intergovernmental Agreement for Traffic Signal Maintenance Contract SUMMARY OF REQUEST: Authorize Staff to sign an Intergovernmental Agreement for Traffic Signal Maintenance. This is a 3-year contract, with a possible 1-year extension, with the Muskegon County Road Commission, along with other municipalities from April 17, 2016 thru April 30, 2019 with Windemuller Electric Inc., as the Traffic Signal Maintenance Contractor. The agreement calls for MCRC to administer the project and charge a one-time administration fee of $200.00 for the preparation and letting of the bid proposal. The local agencies included in the Muskegon County Signal Maintenance Group, which are each billed separately for services rendered by the Contractor, are the Muskegon County Road Commission, the Cities of Muskegon, North Muskegon, Norton Shores, Roosevelt Park, the Village of Fruitport and MDOT. FINANCIAL IMPACT: Approximate costs for the previous contract including emergency repairs have been $39,310, $33,411, $34,997 and $37,721 over the last four years. BUDGET ACTION REQUIRED: None. Budgeted for in the Highway Majors Budget. STAFF RECOMMENDATION: Approve request. COMMITTEE RECOMMENDATION: Commission Meeting Date: April 12, 2016 Date: April 11, 2016 (Corrected version) To: Honorable Mayor & City Commission From: Planning & Economic Development Department RE: Sale of Buildable Vacant Lot at 1315 McLaughlin. SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 1315 McLaughlin. (Parcel #24-750-000-0003- 00) to Pamela Roesch to combine with her property at 1307 McLaughlin Ave., Muskegon, MI. The lot is 62 x 120 ft. and is being offered to Pamela Roesch for $500 plus the fee to register the deed. Pamela Roesch will be combining this property with her existing property. The City has owned the property since April 1995 with no inquiries for potential construction. By combining this with Ms. Roesch’s property; this will give her a side yard; which she currently doesn’t have (not a backyard as previously written). This is in the Sheldon Park Neighborhood. The City has spent an average of $233.83 per year in maintenance of the vacant lot since 2002. FINANCIAL IMPACT: The sale of this lot will generate additional tax revenue for the City and will place the property back on the City’s tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the attached resolution and to authorize both the Mayor and the Clerk to sign said resolution and deed. Resolution No. _______ MUSKEGON CITY COMMISSION RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 1315 MCLAUGHLIN FOR $500. WHEREAS, Pamela Roesch will be allowed to purchase the parcel designated as number 24-750-000-0003- 00, located at 1315 McLaughlin for $500; and WHEREAS, Pamela Roesch will combine this with the property she owns at 1307 McLaughlin; and WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of further maintenance costs; and WHEREAS, the sale of a buildable lot would require a home to be constructed; instead she will be combining this with her current property that does have a home; and WHEREAS, she will not be constructing a new home on this parcel; and NOW THEREFORE BE IT RESOLVED, that parcel number 24-750-000-0003-00, located at 1315 McLaughlin. be sold to Pamela Roesch for $500. CITY OF MUSKEGON SAMBURT PARK LOT 3 AND WEST 1/2 LOT 4 Adopted this 12th day of April, 2016. Ayes: Nays: Absent By: _________________________ Stephen J. Gawron Mayor Attest: ________________________ Ann Meisch, MMC City Clerk I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on April 12, 2016. By: ________________________ Ann Meisch, MMC City Clerk 2 Original Resolution is Correct. 1315 McLaughlin (City owned lot). Portion of white house on right is 1304 McLaughlin. 1307 McLaughlin (adjacent to the City lot). This is the McLaughlin side. 1307 McLaughlin (Burton side of the home). Map reflects the area on a larger scale. 1) 1307 McLaughlin is on the corner of McLaughlin & Burton. 2) 1315 McLaughlin (has red star on the property) is owned by the City. -The side of 1307 McLaughin reflects how close to the property line it is. -Ms. Roesch is aware of the guidelines for placement of the fence that she would like to install. QUIT CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440, QUIT CLAIMS TO: Pamela Roesch, whose address is 1307 McLaughlin, Muskegon, MI 49442. the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: CITY OF MUSKEGON SAMBURT PARK LOT 3 AND WEST 1/2 LOT 4, otherwise known as 1315 McLaughlin Ave. (#24-750-000-0003-00). for the sum of: Five Hundred Dollars ($500.00) PROVIDED, HOWEVER, whenever possible, this property is to be combined with the owner’s original parcel #24-750-000-0001-00, otherwise known as 1307 McLaughlin Ave. This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i). Dated this ____ day of _________, 2016 Signed in the presence of: CITY OF MUSKEGON ______________________________ By_________________________________ Stephen J. Gawron, Its Mayor ______________________________ and________________________________ Ann Meisch, MMC, Its Clerk STATE OF MICHIGAN COUNTY OF MUSKEGON The foregoing instrument was acknowledged before me this _____ day of ___________, 2016, by STEPHEN J. GAWRON and ANN MEISCH, MMC, the Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City. ____________________________________ PREPARED BY: Hope Mitchell _______________________, Notary Public City of Muskegon Acting in the County of Muskegon, MI 933 Terrace St Rm 202 Muskegon County, MI Muskegon, MI 49440 My Comm. Expires: ___________________ Telephone: (231) 724-6760 WHEN RECORDED RETURN TO: GRANTEE SEND SUBSEQUENT TAX BILLS TO: GRANTEE AGENDA ITEM NO. __________ CITY COMMISSION MEETING ____________________ TO: Honorable Mayor and City Commission FROM: Department of Public Works DATE: April 6, 2016 SUBJECT: Water System Reliability Study SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Prein & Newhof to perform a State mandated “Reliability Study” per Michigan’s Safe Drinking Water Act of 1976 with the City of Roosevelt Park and the City of North Muskegon. Prein & Newhof is currently working on other surrounding area municipal reliability studies and we are trying to take advantage of their request for proposals. FINANCIAL IMPACT: Total Cost $52,000 of which $32,000 is our responsibility. BUDGET ACTION REQUIRED: None as the cost was anticipated and budgeted for in the CIP’s Water fund. STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Prein & Newhof AGENDA ITEM NO._____________ CITY COMMISSION MEETING ___________________ TO: Honorable Mayor and City Commission FROM: Department of Public Works DATE: April 12, 2016 SUBJECT: Beverage Vending Contract for Parks/Marina Facilities SUMMARY OF REQUEST: Authorize staff to enter into 3-year contractual agreement with Pepsi Beverages Company to provide vending service at various City Parks and Marina Facilities. FINANCIAL IMPACT: Commission of 35% from vending sales for duration of contract. Previous contract with Pepsi resulted in commissions of $980.00 for 2013, $1005.00 in 2014 and $844.00 in 2015. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve contract and authorized staff to enter into a 3-year agreement with Pepsi Beverages Company. COMMITTEE RECOMMENDATION: To: Mohammed Al-Shatel Date: 4/4/16 From: Doug Sayles RE: Beverage Vending Contract for Parks/Marina Facilities Proposals were received for the request to supply beverage vending at various outdoor Parks and Marina facilities. Proposals that were solicited are as follows: Company Address Commission on Sales Coca Cola 1208 Butterworth, Grand Rapids, MI No bid Pepsi 4900 Paul Court, Norton Shores, MI 35% Dr. Pepper/Snapple 545 East 32nd Street, Holland, MI 20% Upon calling each vendor and requesting they submit a proposal to me by Friday April 1, 2016 @5pm the following responses were submitted: One vendor declined to submit a proposal (Coca Cola) based on new restrictions on volume placements for vending machines. The two proposals that we received were from Pepsi and Dr. Pepper/Snapple each requesting a 3-year exclusive beverage vending agreement. Dr. Pepper/Snapple offered a 20% commission of cash collected and Pepsi offered a commission of 35% on Cash in Bag. Based on the proposals submitted I am recommending that we award an exclusive 3-year contract to Pepsi Beverage Company for the years 2016, 2017, 2018. Date: April 12, 2016 To: Honorable Mayor and City Commissioners From: Dept of Public Works – Water Filtration Plant RE: 2016/17 Water Treatment Sodium Hypochlorite Bids SUMMARY OF REQUEST: Recommend endorsement of lowest responsible bidder to supply sodium hypochlorite for the water filtration plant. FINANCIAL IMPACT: An estimated annual cost of $57,620 (based on average annual water pumped and feed rates with adjustments for the addition of Fruitport and Norton Shores). BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission endorse the low bid received and allow staff to enter into a contract with Alexander for sodium hypochlorite for one year, beginning April 16, 2016. COMMITTEE RECOMMENDATION: Memorandum To: M. Al-Shatel - DPW Director From: M. Grenier – WFP Superintendent Date: 4/7/2016 Re: Sodium Hypochlorite Bids – Water Filtration Chemical Bidding Muskegon, Muskegon Heights, Grand Haven, Grand Rapids and Holland (West Michigan Cooperative Purchasing Group) collectively bid for treatment chemicals. 3 venders submitted bids as follows for a 1 year contract for Sodium Hypochlorite. Sodium Hypochlorite Rowell Chemical $139.00/Ton Alexander Chemical $131.80/Ton JCI Jones Chemical $166.50/Ton Current Cost: Alexander Chemical $133.80/Ton The other treatment chemicals will come up for bid later this year. (Aluminum Sulfate, Activated Carbon and Hydrofluosilicic Acid) It is my recommendation that we request approval of the lowest cost bid from Alexander Chemical for a year at a cost of $131.80/Ton. 1 Liquid Sodium Hypochlorite - March 24, 2016 Rowell Chemical KA Steel Chemical Alexander Chemical JCI Jones Chemcial Cities of Holland, Wyoming, Muskegon, Muskegon Heights, Grand Haven and Grand Rapids, MI. 1 Year: ending April 15, 2017 Cost Per Ton: $ 139.00 NO BID $ 131.80 $ 166.50 Cost Per Gallon: $ 0.70 NO BID $ 0.66 $ 0.83 Lead-time ARO 1 - 2 days 1 day 1 - 2 days Commission Meeting Date: April 12, 2016 Date: March 24, 2016 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Public Hearing - Request to Establish an Obsolete Property District – 794 Pine St SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Corepark Investments, LLC, 111 W Western Ave, Muskegon, MI 49442, has requested the establishment of an Obsolete Property District for their property at 794 Pine St. The establishment of the Obsolete Property District would allow them to apply for an Obsolete Property Rehabilitation Exemption Certificate. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the Obsolete Property District COMMITTEE RECOMMENDATION: None. 1 CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN RESOLUTION NO. _____ A resolution establishing an Obsolete Property Rehabilitation District. The City Commission of the City of Muskegon hereby RESOLVES: Recitals A. The City of Muskegon has been designated as a qualified local government unit for the purpose of establishing Obsolete Property Rehabilitation Districts and approving Applications for Obsolete Property Rehabilitation Exemption Certificates. B. The area located in the land described in this resolution is known to the City Commission and is clearly characterized by the presence of obsolete commercial property, and the land and improvements are obsolete commercial property. C. Notice has been given by certified mail to the owners of all real property within the proposed Obsolete Property Rehabilitation District and a hearing has been held offering an opportunity to all owners and any other resident or taxpayer of the City to appear and be heard. Said notice was given at least ten (10) days before the hearing. NOW, THEREFORE, THE CITY COMMISSION RESOLVES: 1. That the property described in this resolution and proposed as an Obsolete Property Rehabilitation District is characterized by obsolete commercial property. 2. That the obsolete commercial property, the subject of this resolution, as is described in Attachment A. 3. That the City Commission hereby establishes an Obsolete Property Rehabilitation District on the lands and parcels set forth in the attached description. This resolution passed. Ayes __________________________________________________________________ Nays __________________________________________________________________ CITY OF MUSKEGON BY: __________________________________ Stephen J. Gawron Mayor ATTEST: __________________________________ Ann Meisch City Clerk CERTIFICATION This resolution was adopted at a meeting of the City Commission, held on April 12, 2016. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By ___________________________ Ann Meisch, City Clerk ATTACHMENT A: PROPERTY DESCRIPTION CITY OF MUSKEGON REVISED PLAT OF 1903 THAT PART OF LOT 4 BLK 177 LYING WLY OF A LN WHICH BEGINS AT A POINT ON SLY LN CLAY AVE 37.2 FT NELY FROM NW COR LOT 4 & RUNS SELY TO A POINT ON SLY LN LOT 4 35.7 FT NE OF THE MOST SLY COR LOT 4 ALSO LOTS 5 & 6 BLK 177 Commission Meeting Date: April 12, 2016 Date: March 24, 2016 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Public Hearing - Request to issue an Obsolete Property Certificate – Corepark Investments, LLC – 794 Pine St SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Corepark Investments, LLC, 111 W Western Ave, Muskegon, MI has requested the issuance of an Obsolete Property Certificate for their property located at 794 Pine St. Total capital investment for this project is $600,000. The applicant is eligible for a 12-year abatement because of the amount of investment. FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes would be frozen at the pre- rehabilitated rate for the duration of the certificate. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the Obsolete Property Rehabilitation Exemption Certificate COMMITTEE RECOMMENDATION: None CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN RESOLUTION NO. _____ A resolution approving the application for an Obsolete Property Rehabilitation Exemption Certificate by Corepark Investments, LLC. The City Commission of the City of Muskegon hereby RESOLVES: Recitals A. The City Commission has received an Application for an Obsolete Property Rehabilitation Exemption Certificate from Corepark Investments, LLC, to apply to the improvements located in an Obsolete Property Rehabilitation District established by previous resolution. B. The City of Muskegon is a qualified local governmental unit as determined by STC Bulletin No. 9 of 2000, dated July 12, 2000. C. An Obsolete Property Rehabilitation District in which the application property is located was established after a hearing on April 12, 2016. D. The taxable value of the property proposed to be exempt, plus the aggregate taxable value of properties already exempted under PA 146 of 2000 and under PA 198 of 1974, does not exceed five percent (5%) of the total taxable value of the City of Muskegon. E. In the event it is determined that the said taxable values do exceed five percent (5%), the City Commission determines further that the said excedence will not have the effect of substantially impeding the operation of the City of Muskegon or impairing the financial soundness of any affected taxing units. F. This resolution of approval is considered by the City Commission on April 12, 2016, after a public hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was held on this date. G. The applicant, Corepark Investments, LLC, is not delinquent any taxes related to the facility. H. The exemption to be granted by this resolution is for twelve (12) years. I. The City Commission finds that the property for which the Obsolete Property Rehabilitation Exemption Certificate is sought is obsolete property within the meaning of Section 2(h) of Public Act 146 of 2000 in that the property, which is commercial, is functionally obsolete. The City has received from the applicant all the items required by Section 9 of the application form, being the general description of the obsolete facility, a general description of the proposed use, a description of the general nature and extent of the rehabilitation to be undertaken, a descriptive list of fixed building equipment that will be part of the rehabilitated facility, a time schedule for undertaking and complete the rehabilitation, and statement of the economic advantages expected from the exemption. J. Commencement of the rehabilitation has not occurred before the establishment of the district. K. The application relates to a rehabilitation program that when completed will constitute a rehabilitated within the meaning of PA 146 of 2000 and will be situated within the Obsolete Property Rehabilitation District established by the City under PA 146 of 2000. L. Completion of the rehabilitated facility is calculated to and will, at the time of the issuance of the Certificate, have the reasonable likelihood to increase commercial activity and create employment; it will revitalize an urban area. The rehabilitation will include improvements aggregating more than ten percent (10%) of the true cash value of the property at the commencement of the rehabilitation. M. The City Commission determines that the applicant shall have twelve (12) months to complete the rehabilitation. It shall be completed by April 12, 2017, or one year after the Certificate is issued, whichever occurs later. N. That notice pursuant to statute has been timely given to the applicant, the assessor for the City of Muskegon, representatives of the affected taxing units and the general public. NOW, THEREFORE, THE CITY COMMISSION RESOLVES: 1. Based upon the statements set forth in, and incorporating the recitals to this resolution, the City Commission hereby approves the application filed by Corepark Investment, LLC, for an Obsolete Property Rehabilitation Exemption Certificate, to be effective for a period of twelve (12) years; 2. BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set forth in Attachment A, the legal description containing the facilities to be improved; 3. BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant shall comply with the representations and conditions set forth in the recitals above and in the application material submitted to the City. This resolution passed. Ayes: __________________________________________________________________ Nays: __________________________________________________________________ CITY OF MUSKEGON BY: __________________________________ Stephen J. Gawron Mayor ATTEST: __________________________________ Ann Meisch Clerk CERTIFICATE This resolution was adopted at a meeting of the City Commission held on April 12, 2016. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By ___________________________ Ann Meisch, City Clerk ATTACHMENT A: PROPERTY DESCRIPTION CITY OF MUSKEGON REVISED PLAT OF 1903 THAT PART OF LOT 4 BLK 177 LYING WLY OF A LN WHICH BEGINS AT A POINT ON SLY LN CLAY AVE 37.2 FT NELY FROM NW COR LOT 4 & RUNS SELY TO A POINT ON SLY LN LOT 4 35.7 FT NE OF THE MOST SLY COR LOT 4 ALSO LOTS 5 & 6 BLK 177
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