City Commission Packet 03-09-2020

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                        CITY OF MUSKEGON
                  CITY COMMISSION WORKSESSION

                        Monday, March 9, 2020
                              5:30 p.m.
                      City Commission Chambers


                          AGENDA
1. Media Marketing

2. Public Hearing – Request to Establish an Obsolete Property District
  at 1125 3rd Street – Action Item

3. Public Hearing – Request for an Obsolete Property Rehabilitation
  Exemption Certificate at 1125 3rd Street – Action Item

4. Mobile Food Vending Ordinance Update – City Clerk

5. Beach Parking Discussion

6. Nelson Neighborhood Rezoning Presentation

7. Marsh Field Storage Building – Action Item

8. Chapter 6 - Suburban Nation Review

9. Adjournment
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: March 9, 2020                Title: Public Hearing – Request to Establish
                                                      an Obsolete Property District at 1125 3rd St

Submitted By: Mike Franzak                            Department: Planning

Brief Summary:


Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Square Two Development has
requested the establishment of an Obsolete Property District for their property at 1125 3rd St. The
establishment of the Obsolete Property District would allow them to apply for an Obsolete Property
Rehabilitation Exemption Certificate.



Detailed Summary:



Amount Requested:                                    Amount Budgeted:

Fund(s) or Account(s):                               Fund(s) or Account(s):

Recommended Motion: To approve the establishment of an Obsolete Property District at 1125 3rd
St.



Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                                    CITY OF MUSKEGON
                                MUSKEGON COUNTY, MICHIGAN

                                     RESOLUTION NO. _____


A resolution establishing an Obsolete Property Rehabilitation District at 1125 3rd St.

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
                                                  Clerk
CERTIFICATION

This resolution was adopted at a meeting of the City Commission, held on March 9, 2020. 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 E 1/2 LOT 2 & LOT 15 EXC SLY 1 FT IN WIDTH & W
3 FT OF LOT 14 BLK 367 SUBJT TO ESMT FOR INGRESS/EGRESS RECOR'D IN L 3607 P 145
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: March 9, 2020                 Title: Public Hearing – Request for an
                                                       Obsolete Property Rehabilitation Exemption
                                                       Certificate at 1125 3rd St

Submitted By: Mike Franzak                             Department: Planning

Brief Summary:


Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Square Two Development has
requested the issuance of an Obsolete Property Rehabilitation Exemption Certificate for their
project at 1125 3rd St. The estimated cost of the rehabilitation is $80,000, which qualifies them for
an 8 year abatement under the city abatement policy.



Detailed Summary: They will be rehabbing the old tattoo place (red building) on 3rd St and
expanding the Griffins Rest.



Amount Requested:                                     Amount Budgeted:

Fund(s) or Account(s):                                Fund(s) or Account(s):

Recommended Motion: To approve the establishment of an Obsolete Property District at 1125 3rd
St.



Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                                    CITY OF MUSKEGON
                                MUSKEGON COUNTY, MICHIGAN

                                         RESOLUTION NO.


A resolution approving the application for an Obsolete Property Rehabilitation Exemption Certificate
by Square Two Development.

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 Square Two Development to apply to the improvements located
       in an Obsolete Property Rehabilitation District established by previous resolution. All items
       described under “Instructions” (a) through (f) of the application for Obsolete Property
       Rehabilitation Exemption Certificate have been provided to the City of Muskegon, the
       Qualified Local Government Unit, by the applicant.

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 March 9, 2020.

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 exceedance 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 March 9, 2020 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, Square Two Development is not delinquent any taxes related to the facility.

H.     The exemption to be granted by this resolution is for eight (8) years and no extensions will
       be granted.

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 twenty-four (24) months to
       complete the rehabilitation. It shall be completed by March 9, 2022, or two years 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 Square Two Development for an
       Obsolete Property Rehabilitation Exemption Certificate, to be effective for a period of eight
       (8) years and no extensions will be granted;

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 March 9, 2020. 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 E 1/2 LOT 2 & LOT 15 EXC SLY 1 FT IN WIDTH & W
3 FT OF LOT 14 BLK 367 SUBJT TO ESMT FOR INGRESS/EGRESS RECOR'D IN L 3607 P 145
                     Agenda Item Review Form
                     Muskegon City Commission
Commission Meeting Date: March 9, 2020                Title: Marsh Field Storage Building

Submitted By: Leo Evans                               Department: Public Works

Brief Summary: City staff is seeking to construct a new storage building at Marsh Field. The
low bidder was Buck Construction, of Muskegon. Staff is seeking authorization to contract with
Buck Construction at a cost not to exceed $97,500 to construct a 30 x 50 storage building.

Detailed Summary: City staff previously sought approval from the Commission to build a
storage building at Marsh Field using an estimate of $25,000. This was approved on the Consent
agenda May 14, 2019. Upon additional discussions with SAFEbuilt and Planning staff, we have
decided that the proposed garage is not suitable for the park. The major change is the need for a
full foundation and a staff desire to construct the structure partially from masonry materials to
improve aesthetics. We received two acceptable bids for the 1,500 square foot building. There are
a number of options that we are considering to keep costs down, so we bid it with multipole options.
Buck Construction’s bids ranged from $40 to $60 per square foot ($60,000-$90,000).. Platinum
Construction’s bids ranged from $57 to $73 per square foot ($85,500 to $109,300). Engineering
costs are estimated at $7,500. Staff is seeking permission to award the contract to Buck
Construction at a total cost not to exceed $97,500. Muskegon Baseball will commit $12,500 in equal
monthly installments over a 24 month period beginning July 1, 2020.

Amount Requested: $$97,500                           Amount Budgeted: $0

Fund(s) or Account(s): General Fund - Parks          Fund(s) or Account(s): N/A

Recommended Motion: Authorize the construction of a storage garage at Marsh Field at a cost not
to exceed $97,500, with $12,500 being reimbursed by Muskegon Baseball.

Check if the following Departments need to approve the item first:
Police Dept.         Fire Dept.         IT Dept.


For City Clerk Use Only:
Commission Action:
                             Suburban Nation Review
                                         February 2020


Chapter 6 – Sprawl and the Developer

   A. The Decline of the American Developer
      1. Prior to 1945, developers were building towns.
      2. Community is more difficult to build with today’s prevailing zoning codes.
      3. Trading nature for sprawl is not fair.
      4. If construction on undeveloped land can create a place of culture, the trade seems fair.
   B. The Insidious Influence of the Market Experts
      1. Consider how questions are framed.
          a. Do you like alleys?
          b. Would you prefer a streetscape of garage doors or one where porches face the street
              and garages are placed in a rear alley?
      2. The designs that are recommended become overbuilt, and developers lose money.
      3. Banks require comparables which leads to more developments that look the same.
   C. Questionable Conventional Wisdom
      1. Location, location, location
          a. The difference design makes. Same size house and lot. $370,000 v. $1.4M
          b. The difference community makes. Houses sell for more in town center than on ocean or
              golf course.
      2. Infrastructure costs
          a. Suburban development – less salable frontage
          b. Traditional development – alley cost similar to driveway cost, narrower streets
      3. Smaller Phases
          a. Traditional – each phase includes starter, move-up, family, retirement
          b. Suburban – each home type requires its own pod
   D. Need for Appropriate Architecture
      1. Locate garage in rear
      2. Simplify design of roof and façade
      3. Variety in home styles not façade
      4. Define transition between public and private realms
      5. Each home needs to be considered as part of the overall neighborhood
   E. Good community or good house?
      1. Americans prefer good community by margin of 3 to 1
      2. Challenge to convince builders of this
      3. Will be driven by ability to profit
      4. Proven success in Seaside, Kentlands, Laguna West, Newpoint

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