City Commission Packet 04-12-2016

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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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