City Commission Packet 11-22-2011

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  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                 NOVEMBER 22, 2011
 CITY COMMISSION CHAMBERS @ 5:30 P.M.
                           AGENDA

CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
  A. Approval of Minutes. CITY CLERK
  B. Approval of Realtor and Title Company for CNS.      COMMUNITY &
     NEIGHBORHOOD SERVICES
  C. Budgeted Vehicle Replacement. PUBLIC WORKS
  D. Intergovernmental Agreement for Traffic Signal Maintenance Contract
     Extension. PUBLIC WORKS
  E. Consideration of Bids/Contract Award for Roof Replacement over
     Police Department. ENGINEERING
  F. Request to Amend Existing Resolution 2011-69(b) for an Obsolete
     Property Certificate – J&J Bail Bonds, 41 E Apple Ave. PLANNING &
     ECONOMIC DEVELOPMENT
PUBLIC HEARINGS:
  A. Request for an Industrial Facilities Exemption Certificate – ADAC
     Plastics. PLANNING & ECONOMIC DEVELOPMENT
  B. Request for Exemption of New Personal Property (PA 328) – ADAC
     Plastics. PLANNING & ECONOMIC DEVELOPMENT
  C. Establishment of a Commercial Rehabilitation District – 363 Ottawa
     Street. PLANNING & ECONOMIC DEVELOPMENT
COMMUNICATIONS:
   CITY MANAGER’S REPORT:
   UNFINISHED BUSINESS:
   NEW BUSINESS:
   A. Holidays in the City – Resolution of Support.                             PLANNING & ECONOMIC
      DEVELOPMENT
   B. Winter Ice Rink in Downtown Muskegon.                                   PLANNING & ECONOMIC
      DEVELOPMENT
   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 Cummings, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or
TTY/TDD: dial 7-1-1 and request a representative to dial (231) 724-6705.
Date:    November 22, 2011
To:      Honorable Mayor and City Commissioners
From:    Ann Marie Cummings, City Clerk
RE:      Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the November 7th
City Commission Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                    NOVEMBER 7, 2011
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                MINUTES
   The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, November 7,
2011.
   Mayor Warmington opened the meeting with a prayer from George Monroe
after which the Commission and public recited the Pledge of Allegiance to the
Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
  Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Lawrence Spataro, Sue Wierengo, Steve Wisneski, Chris Carter,
and Clara Shepherd, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Cummings.
2011-80 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the City Commission Meeting
that was held on Tuesday, October 25, 2011.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Budgeted Equipment Purchase. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase one 2012 full-size Ford F-150
4x4 pick-up truck for fleet replacement from Vanderhyde Ford who was the
lowest responsible bidder. This vehicle will replace Water Department truck
#30582 (2003).
FINANCIAL IMPACT: $22,085 Equipment Fund.
BUDGET ACTION REQUIRED: None, the price of this truck is within the amount
budgeted.
STAFF RECOMMENDATION: Authorize staff to purchase one 2012 Ford F-150 4x4
pick-up from Vanderhyde Ford.


                                      1
      C. Construction Engineering Agreement with Dixon Engineering for Roberts
         and Marshall Elevated Tanks (W-730). ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Dixon Engineering for a total cost of $30,860 to perform the
necessary inspection on the painting of the Marshall and Roberts elevated
tanks. Dixon is being recommended since they were designer on this project.
FINANCIAL IMPACT: The contract cost of $30,860.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to enter into an engineering service
agreement with Dixon Engineering.
Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro
            Nays: None
MOTION PASSES
2011-81 UNFINISHED BUSINESS:
      A. SECOND  READING:   Vacant  Building Registration           Ordinance
         Amendment. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend the Code of Ordinances Chapter 10,
Section 107, Annual Registration of Vacant Buildings and Registration Fees, for
the purposes of adding a two-year waiver for properties that are in probate,
being actively rehabbed so it may be occupied, or while a home appears to be
occupied but is vacant by definition with proof of each being supplied by the
property owner and the property may not be cited by any City department and
all fees owed to the City are paid.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of Chapter 10,
Section 107, Annual Registration of Vacant Buildings and Registration Fees, for
the purposes stated.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to adopt the
amendment of Chapter 10, Section 107 of the Annual Registration of Vacant
Buildings and Registration Fees for the purposes stated.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None


                                      2
MOTION PASSES
2011-82 NEW BUSINESS:
      A. Special Events     –   “Love   Notes”.      PLANNING     &   ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: The Community Foundation, in celebration of its 50th
year, provided $3,000 for six, $500 “Love Notes” mini-grants to individuals,
businesses and organizations in the community. The idea for “love notes” was
generated from a workshop conducted by consultant Peter Kageyama, which
was attended by community members, including several representatives from
the City of Muskegon. The winners were decided through the Foundation’s
Facebook page. Since some of the “love notes” may require a Special Event
permit, staff is requesting that the permit fee be waived for the first year of the
“event”, as a gesture of the City’s partnership in this creative (and fun)
endeavor. However, if any City services are required, there may be a charge
for those services.
FINANCIAL IMPACT: The special event permit application fee will be waived,
resulting in a loss of $50 per permit required (not all “love notes” will require a
permit), for the first year of the event.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To allow a fee waiver for any “love notes” that
require a special event permit for the first year of the event.
Motion by Commissioner Spataro, second by Commissioner Wierengo to allow a
fee waiver for any “love notes” that require a special event permit for the first
year of the event to show partnership with this endeavor.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments received.
ADJOURNMENT: The City Commission Meeting adjourned at 5:49 p.m.


                                            Respectfully submitted,




                                            Ann Marie Cummings, MMC
                                            City Clerk



                                        3
                     Commission Meeting Date:                   November 22, 2011

Date:         November 8, 2011

To:           Honorable Mayor & City Commission

From:         Community and Neighborhood Services Department

RE:           Approval of Realtor and Title Company for CNS
____________________________________________________________________________________________

SUMMARY OF REQUEST: To extend the Procurement Contract to June 30, 2012
for Exit Lakeshore Realty and Midstate Title Agency to be used by the City of
Muskegon Community and Neighborhood Services office.
The CNS office put out public notices for a variety of trades. No bids were received
for realtors or title companies. We already have a good working relationship with
Exit Lakeshore Realty and Midstate Title Agency. We would like to extend their
contract until June 30, 2012.
FINANCIAL IMPACT: The funding for any project the realtor or title company
would be used for would come out of the funds the house was originally
established under: CDBG, HOME or NSP1.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the extension of the Procurement
Contracts for Exit Lakeshore Realty and Midstate Title Agency for the Community
and Neighborhood Services office.
COMMITTEE RECOMMENDATION: None required.
Date:      11/22/2011
To:        Honorable Mayor and City Commission
From:      Equipment Division
RE:        Budgeted Vehicle Replacement




SUMMARY OF REQUEST: Authorize staff to purchase one(1) 2012 Ford F-
450 4X4 Dump Truck. This vehicle will be an addition to the Highway Dept. for
alley plowing and cul-de-sac clean up.


FINANCIAL IMPACT: $28,396.00


BUDGET ACTION REQUIRED: None. The price of this vehicle is under what
the Equipment Division has budgeted.


STAFF RECOMMENDATION: Authorize staff to purchase 0ne(1) 2012 Ford F-
450 4X4 Dump Truck from Vanderhyde Ford who was the lowest responsible
bidder.
Date:      11/16/11

                      2012 F-450 4X4 Dump Truck                             Name of Bidder          Name of bidder       Name of Bidder
Requisition:


                                                             Vendor      Gorno Ford(State Bid) Fremont Ford            Vanderhyde Ford
                                                             Telephone   (734)676-7647         (231)924-3200           (616)696-1541
                                                             Quoted by   Eddie Williams            Doug Blamer         Bernie Beier




          Quantity Description                                                   Price                   Price                Price

          One(1)      Ford F-450 4X4 Dump Truck                                       $28,875.00          $28,453.46            $28,396.00




                      TOTAL BID                                                       $28,875.00          $28,453.46            $28,396.00

                                                                         Lowest bid                       $28,396.00
                      Joe Buckingham, Equipment Supervisor
Bid Requested by:
                            AGENDA ITEM NO._____________

                 CITY COMMISSION MEETING ___________________



TO:           Honorable Mayor and City Commission


FROM:         Department of Public Works


DATE:         November 22, 2011


SUBJECT:      Intergovernmental Agreement for Traffic Signal Maintenance Contract Extension


SUMMARY OF REQUEST:
Authorize Staff to sign an Intergovernmental Agreement for Traffic Signal Maintenance. This is
a one year contract extension, from a previous 3-year contract, with the Muskegon County Road
Commission, along with other municipalities from March 9, 2012 thru March 9, 2013 with
Windemuller Electric Inc as the traffic signal maintenance contractor. The agreement calls for
MCRC to administer the project and charge the participating agencies 15% overhead. The local
agencies included in the Muskegon County Signal Maintenance Group are Muskegon, Muskegon
Heights, Norton Shores, Roosevelt Park and MDOT.


FINANCIAL IMPACT:
Approximate costs for the previous contract including emergency repairs have been $35, 064 in
2009, and $33,982 in 2010.


BUDGET ACTION REQUIRED:
None. Budgeted for in the Highway Majors budget.


STAFF RECOMMENDATION:
Approve request.


COMMITTEE RECOMMENDATION:
Date:        November 22, 2011
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          Consideration of Bids/Contract Award
             Roof Replacement over P.D


SUMMARY OF REQUEST:
Authorize staff to enter into agreement with Gale Roofing out of Hart to replace the roofing
system over the police department portion of City Hall for (Jefferson Side) for a total cost
of $12,223.00. Gale was the lowest responsible bidder with the only other bidder being J.
Stevens Construction for $19,600.

FINANCIAL IMPACT:
The construction cost of $12,223.

BUDGET ACTION REQUIRED:
None. This project was budgeted for in the 2011/2012 CIP


STAFF RECOMMENDATION:
Authorize staff to enter into agreement with Gale Roofing to replace the roofing system over
P.D.



COMMITTEE RECOMMENDATION:
                 Commission Meeting Date: November 22, 2011




Date:         November 16, 2011
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Request to amend existing resolution 2011-69(b) for an
              Obsolete Property Certificate –J&J Bail Bonds– 41 E Apple Ave


SUMMARY OF REQUEST:

Pursuant to Public Act 146 of the Michigan Public Acts of 2000, J&J Bail Bonds, 41 E
Apple Avenue, was approved for an obsolete property certificate on September 27, 2011. The
Michigan State Tax Commission has requested that the resolution be amended to include
language stating that the City will not allow an extension of additional years, pursuant to
the City of Muskegon Obsolete Property Rehabilitation Policy.



FINANCIAL IMPACT:

None



BUDGET ACTION REQUIRED:

None



STAFF RECOMMENDATION:

Staff recommends approval.



COMMITTEE RECOMMENDATION:

None
                                         CITY OF MUSKEGON
                                     MUSKEGON COUNTY, MICHIGAN

                                      RESOLUTION NO. _____


A resolution amending existing resolution number 2011-69(b) passed by the City Commission on September
27, 2011.


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 J&J Bail Bonds, 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 hearing on September 27, 2011, being the same date that the district was
       established.

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 September 27, 2011, 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, J&J Bail Bonds, is not delinquent any taxes related to the facility.

H.     The exemption to be granted by this resolution is for eight (8) years.

I.      The applicant was approved for less than twelve (12) years and the City Commission is not allowing
        any extension of the exemption.

J.     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.

K.      Commencement of the rehabilitation has not occurred before the establishment of the district.
L.      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.

M.      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.

N.      The City Commission determines that the applicant shall have twelve (12) months to complete the
        rehabilitation. It shall be completed by September 27, 2012, or one year after the Certificate is
        issued, whichever occurs later.

O.      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 J&J Bail Bonds., for an Obsolete Property
        Rehabilitation Exemption Certificate, to be effective for a period of eight (8) 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 ___________________________
                                                             Ann Cummings, City Clerk



CERTIFICATE


This resolution was adopted at a meeting of the City Commission held on September 27, 2011. 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 Cummings, City Clerk
                    ATTACHMENT A: PROPERTY DESCRIPTION
CITY OF MUSKEGON REVISED PLAT OF 1903 PART OF LOTS 5-8 & 14 BLK 219 COM AT SE COR LOT
7 TH SWLY ON N LN CONCORD AVE 64 FT FOR POB TH SWLY ON N LN OF CONCORD AVE 137.3 FT
TH NWLY 152.89 FT TO A PT 2.35 FT W OF E LN LOT 15 FT TH ELY ON S LN APPLE AVE EX 160 FT
M/L TH SELY PAR WITH ELY LN LOT 7 73.05 FT TO BEG
                 Commission Meeting Date: November 22, 2011




Date:         November 16, 2011
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Public Hearing - Request for an Industrial Facilities Exemption
              Certificate – ADAC Plastics


SUMMARY OF REQUEST:

Pursuant to Public Act 198 of 1974, as amended, ADAC Plastics, 1801 E Keating Ave, has
requested the issuance of an Industrial Facilities Tax Exemption Certificate. The company
will be making an investment of $4,690,000 in real property improvements and plans on
creating 130 jobs within two years. They are eligible for a 12 year abatement.

FINANCIAL IMPACT:

The City will capture certain additional property taxes generated by the expansion (see
attached Summary Sheet).

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval of the attached resolution granting an Industrial Facilities Exemption Certificate for
a term of 12 years on real property.

COMMITTEE RECOMMENDATION:

None




11/16/2011
                                              Resolution No. _______

                                        MUSKEGON CITY COMMISSION

                           RESOLUTION APPROVING APPLICATION FOR ISSUANCE
                            OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
                                             ADAC Plastics


WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed public hearing held on July 26, 1983,
     this Commission by resolution established an Industrial Development District as requested by the City
     of Muskegon for Port City Industrial Park, including the property owned by ADAC Plastics, 1801 E
     Keating Ave, Muskegon, Michigan 49442; and

WHEREAS, ADAC Plastics has filed an application for the issuance of an Industrial Facilities Tax Exemption
     Certificate with respect to a building expansion within said Industrial Development District ; and

WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on
     November 22, 2011, at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which hearing
     the applicant, the assessor and representatives of the affected taxing units were given written notice
     and were afforded an opportunity to be heard on said application; and

WHEREAS, construction of the facility and installation of new machinery and equipment had not begun earlier
     than six (6) months before November 3, 2011, the date of acceptance of the application for the
     Industrial Facilities Exemption Certificate; and

WHEREAS, the building expansion is calculated to and will have the reasonable likelihood to retain, create, or
     prevent the loss of employment in Muskegon, Michigan; and

WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will
     not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real
     property thus exempted.

NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
      Michigan that:

           1) The Muskegon City Commission finds and determines that the Certificate considered together with
              the aggregate amount of certificates previously granted and currently in force under Act No. 198 of
              the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as amended shall
              not have the effect of substantially impeding the operation of the City of Muskegon or impairing the
              financial soundness of a taxing unit which levies ad valorem property taxes in the City of
              Muskegon.

           2) The application of ADAC Plastics, for the issuance of an Industrial Facilities Tax Exemption
              Certificate with respect to the building expansion and installation of new machinery and equipment
              on the following described parcels of real property situated within the City of Muskegon to wit:

                   Parcel number 61-24-691-000-0015-00 and parcel number 61-24-691-000-0015-10 (they
                   will be combined before commencement and retain the same address, 1801 E Keating Ave)


           3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and
              effect for a period of 12 years on real property.




11/16/11
Adopted this 22nd Day of November, 2011.


Ayes:

Nays:

Absent:

                                                   BY: __________________________________
                                                          Stephen J. Warmington
                                                          Mayor

                                              ATTEST: __________________________________
                                                         Ann Cummings
                                                         Clerk




                                               CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on November 22, 2011.

                                                            ______________________________
                                                            Ann Cummings
                                                            Clerk




11/16/11
                 Commission Meeting Date: November 22, 2011




Date:         November 16, 2011
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Public Hearing - Request for Exemption of New Personal
              Property (PA 328) – ADAC Plastics


SUMMARY OF REQUEST:

Pursuant to Public Act 328 of 1998, as amended, ADAC Plastics, Inc, 1801 E Keating Ave,
has requested an exemption of new personal property. The company plans on investing
$15,780,000 in personal property improvements and is seeking a 12 year exemption on
personal property. The exemption would include all new personal property investments
during the duration of the exemption.

FINANCIAL IMPACT:

The City will forgo 100% of the personal property taxes for the length of the abatement.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval of the exemption of new personal property for a duration on twelve (12) years.

COMMITTEE RECOMMENDATION:

None




11/16/2011
                                             Resolution No. _______

                                        MUSKEGON CITY COMMISSION

 RESOLUTION APPROVING APPLICATION FOR EXEMPTION OF NEW PERSONAL PROPERTY UNDER
                                   PA 328 OF 1998
                                   ADAC Plastics


WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed public hearing held on July 26,
     1983, this Commission by resolution established an Industrial Development District as requested
     by the City of Muskegon for Port City Industrial Park, including the property owned by ADAC
     Plastics, 1801 E Keating Ave, Muskegon, Michigan 49442; and

WHEREAS, ADAC Plastics has filed an application for Exemption of New Personal Property with respect to
     new personal property to be installed within said Industrial Development District ; and

WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on
     November 22, 2011, at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which hearing
     the applicant, the assessor and representatives of the affected taxing units were given written notice
     and were afforded an opportunity to be heard on said application; and

WHEREAS, installation of new machinery and equipment had not begun earlier than six (6) months before
     November 3, 2011, the date of acceptance of the application for the Exemption of New Personal
     Property; and

WHEREAS, the installation of machinery and equipment is calculated to and will have the reasonable likelihood
     to retain, create, or prevent the loss of employment in Muskegon, Michigan; and


NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
      Michigan that:

           1) The Muskegon City Commission finds and determines that the Exemption considered together
              with the aggregate amount of certificates previously granted and currently in force under Act No.
              328 of the Public Act of 1998 as amended and Act No. 198 of the Public Act of 1974 as amended
              and Act No. 255 of the Public Acts of 1978 as amended shall not have the effect of substantially
              impeding the operation of the City of Muskegon or impairing the financial soundness of a taxing
              unit which levies ad valorem property taxes in the City of Muskegon.

           2) The application of ADAC Plastics, for the Exemption of New Personal Property with respect to the
              personal property expansion on the following described parcels of real property situated within the
              City of Muskegon to wit:

                   Parcel number 61-24-691-000-0015-00 and parcel number 61-24-691-000-0015-10 (they
                   will be combined before commencement and retain the same address, 1801 E Keating Ave)

           3) The Exemption of New Personal Property is issued and shall be and remain in force and effect for
              a period of twelve (12) years on personal property.




11/16/11
Adopted this 22nd Day of November 2011.


Ayes:

Nays:

Absent:

                                                   BY: __________________________________
                                                          Stephen J. Warmington
                                                          Mayor

                                              ATTEST: __________________________________
                                                         Ann Cummings
                                                         Clerk




                                               CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on November 22, 2011.



                                                            ______________________________
                                                            Ann Cummings
                                                            Clerk




11/16/11
                 Commission Meeting Date: November 22, 2011




Date:         November 16, 2011
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Public Hearing – Establishment of a Commercial Rehabilitation
              District – 363 Ottawa St


SUMMARY OF REQUEST:

Pursuant to Public Act 210 of 2005, as amended, Lake Welding Supply has requested the
establishment of a Commercial Rehabilitation District. The creation of the district will allow
the building owner to apply for a Commercial Rehabilitation Certificate, which will freeze the
taxable value of the building and exempt the new real property investment from local
taxes. The school operating tax and the State Education Tax (SET) are still levied on
the new investment. Land and personal property cannot be abated under this act.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Establishment of the Commercial Rehabilitation District at 363 Ottawa St.

COMMITTEE RECOMMENDATION:

None




11/16/2011
                                             Resolution No. _______

                                       MUSKEGON CITY COMMISSION

        RESOLUTION APPROVING THE CREATION OF A COMMERCIAL REHABILITATION DISTRICT
                                     363 Ottawa St.

WHEREAS, Lake Welding Supply has requested in writing for the City to establish a Commercial Rehabilitation
     District at 363 Ottawa St in a letter dated October 21, 2011; and

WHEREAS, the creation of this district is calculated to and will have the reasonable likelihood to retain, create,
     or prevent the loss of employment in Muskegon, Michigan; and

WHERAS, the building at this location is at least 15 years old and is located in a downtown district; and

WHEREAS, a Public Hearing was held on November 22, 2011 at which the applicant, the assessor and
     representatives of the affected taxing units were given written notice and were afforded an opportunity
     to be heard;

NOW, THEREFORE, BE IT RESOLVED, the City Commission of Muskegon does hereby establish a
      “Commercial Rehabilitation District” for the property at 363 Ottawa St on the following described
      parcel of real property

        CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 1-7 BLK 144 ALSO N 1/2 VAC JACKSON AVE




Adopted this 22nd Day of November 2011.


Ayes:

Nays:

Absent:




                                                     BY: __________________________________
                                                            Stephen J. Warmington
                                                            Mayor

                                               ATTEST: __________________________________
                                                          Ann Cummings
                                                          Clerk




11/16/11
                                               CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on November 22, 2011.

                                                            ______________________________
                                                            Ann Cummings
                                                            Clerk




11/16/11
                                 Staff Notes

1. The project includes a rehab and expansion of the building. The total real
   property investment is $1,400,000.
2. A Commercial Rehab Certificate would freeze the real property taxes at their
   current rate for a duration of 5-10 years.
3. The City must first establish a Commercial Rehab District.
4. The City must then send the resolution to the County. The County has 28 days to
   reject the resolution.
5. After 28 days, the applicant must come back to City Commission to request a
   Commercial Rehab Certificate.


                       Project Notes from Application
                 Commission Meeting Date: November 22, 2011




Date:         November 16, 2011
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Holidays in the City – Resolution of Support


SUMMARY OF REQUEST:

A request to sign the resolution in support of Holidays in the City, an event starting this
Saturday in downtown Muskegon that will showcase the holiday events and unique retail
destinations of downtown Muskegon. Everyone is encouraged to come downtown for the
Teddy Bear Breakfast, Festival of Trees, the lighting of Hackley Park, shopping and dinning,
a window decorating contest with prizes for voters and a movie showing at the Frauenthal
Theatre.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval of the resolution

COMMITTEE RECOMMENDATION:

None




11/16/2011
                                           Resolution No. _______

                                      MUSKEGON CITY COMMISSION

                                          HOLIDAYS IN THE CITY
                                        RESOLUTION OF SUPPORT


WHEREAS, Holidays in the City will begin this Saturday, November 26 and continue through the holiday
     season. This event will showcase the holiday gatherings and unique retail shopping destinations
     of downtown Muskegon.

WHEREAS, Saturday’s events will kick off with the Teddy Bear Breakfast and Festival of Trees at the
     Muskegon Museum of Art, continuing with downtown holiday shopping and a store window decorating
     contest, followed by the lighting of Hackley Park, and wrapping up with a showing of “Like There’s No
     Tomorrow” at the Frauenthal Theatre.

WHERAS, everyone is encouraged to enjoy the holiday events in downtown Muskegon and participate in the
     window decorating contest, where voters will be eligible to win gift baskets from local retailers.

WHEREAS, the City Commission of Muskegon encourages everyone shop locally this holiday season and to
     enjoy all of the festivities taking place in downtown Muskegon.


Adopted this 22nd Day of November 2011.


Ayes:

Nays:

Absent:

                                                   BY: __________________________________
                                                          Stephen J. Warmington
                                                          Mayor

                                              ATTEST: __________________________________
                                                         Ann Marie Cummings
                                                         Clerk




                                               CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on November 22, 2011.

                                                            ______________________________
                                                            Ann Marie Cummings
                                                            Clerk




11/16/11
        Commission Meeting Date: November 22, 2011




Date:       November 16, 2011
To:         Honorable Mayor & City Commission
From:       Planning & Economic Development Department
RE:         Winter Ice Rink in Downtown Muskegon


SUMMARY OF REQUEST: Downtown Muskegon Now (DMN) is
planning an outdoor ice rink in downtown Muskegon, from mid-January
to mid-February. The ice rink will be a located on the vacant lot owned
by Parkland Properties. The ice rink will provide another opportunity for
the public to enjoy the downtown during the winter season (free of
charge), in addition to shopping, restaurant and entertainment venues.
Andrew Haan, DMN Director, has been working with City staff to
develop a plan for installation of the rink. Since they are unable to use
the fire hydrant, a separate water service must be installed. The costs
for the installation are attached. DMN is requesting that the costs
associated with establishing this service be waived (see letter attached).
Other partners in this venture include Parkland Properties (Jon Rooks),
the Muskegon Lumberjacks and the Muskegon Winter Sports Complex.
FINANCIAL IMPACT: If the Commission chooses to waive the entire fee
(which includes materials, equipment and labor), the total is estimated to
be $1,964.07. Of this amount, the cost for materials (which must be
purchased) is $611.69.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To consider the request from DMN and
partner with the organization on some level to ensure the ice rink is
established in downtown Muskegon for the benefit of the public.
Ice Rink Western Ave
                                                                                                   10/31/2011

1" Water Service / Meter Pit

Materials                        Desription             Quanity         Unit Price         Total Price




                 1               1" Corp                            1           $42.00                 $42.00
                 2               Meter Pit Complete                 1          $215.00                $215.00
                 3               1" copper tubing                  10            $4.16                 $41.60
                 4               Angle Valve                        1           $33.25                 $33.25
                 5               Meter Yoke                         1           $22.42                $22.42
                 6               Stop and Waste Valve               1           $22.42                $22.42
                 7               3/4 Meter / Radio                  1          $235.00               $235.00

                                 Total MaterialsCost                                                 $611.69



                     WATER AND SEWER MAINTANCE                 $18.20                 16             $291.20
                     HIGHWAY MAINTANCE                         $18.20                  8             $145.60
                     SUPERVISOR                                $27.07                  2              $54.14

                     Sub Total                                                                       $490.94
                                                        FRINGE                       53%             $260.20

                     TOTAL LABOR COST                                                                $751.14

EQUIPMENT

                                 DISCRIPTION            RATE            HOURS              TOTAL

                 1               PICK UP TRUCK                  $9.53                  8              $76.24
                 2               BACKHOE                       $56.25                  8             $450.00
                 4               COMPACTOR                     $10.22                  0               $0.00
                 5               BARRICADES                    $75.00                  1              $75.00


                                 TOTAL EQUIPMENT COST                                                $601.24


                                 TOTAL ESTIMATE                                                    $1,964.07

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