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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 27, 2013
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. 2013 – 2014 Muskegon High School Community Officer Agreement.
PUBLIC SAFETY
C. Emergency Pump Replacement of Sherman Lift Station. PUBLIC WORKS
D. City – MDOT Agreement for the Reconstruction of Laketon Avenue
between Park and Peck. ENGINEERING
E. Request to Re-Float Ten Finger Piers at Hartshorn Marina. PUBLIC
WORKS
F. Youth Basketball League and Open Gym Proposal – Muskegon Public
Schools. PLANNING & ECONOMIC DEVELOPMENT
G. Gaming License Request from the Muskegon Rotary Foundation. CITY
CLERK
PUBLIC HEARINGS:
A. Issuance of a Commercial Rehabilitation Certificate – 316 Morris
Avenue. PLANNING & ECONOMIC DEVELOPMENT
B. Establishment of a Commercial Rehabilitation District – 500 W. Western
Avenue. PLANNING & ECONOMIC DEVELOPMENT
COMMUNICATIONS:
CITY MANAGER’S REPORT:
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 Cummings, 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: August 27, 2013
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the August 12th
Commission Worksession Meeting, and the August 13th City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
City of Muskegon
City Commission Worksession
August 12, 2013
City Commission Chambers
5:30 PM
MINUTES
2013-67
Present: Commissioners Markowski, Gawron, Hood, Wierengo, German, Turnquist, and
Spataro.
Absent: None.
Smartzone Discussion.
In 2011 the City Commission approved an agreement to transfer the development agreement
from Belmont, LLC to Muskegon Lakefront, LLC. Although the City Commission approved the
agreement, it has not been signed because obligations have not been met.
Part of the agreement with Belmont Farms, LLC allows the City to place the special assessment
back onto the property, approximately $500,000.
There are two obligations that need to be made and kept. The first is the Brownfield Loan. It
was in default, but has been caught up. The second is the obligation that two units begin
construction by December 31, 2012.
The City is obligated to pay the debt service for the MAREC Center.
Tim Paul and Bryon Mazade met with representatives last week to discuss the situation.
Looking for today – make sure there is a good understanding of the situation and any direction
you want to give staff, we would welcome that.
The City Commission, by consensus, authorized the City Manager to negotiate and see if both
sides can come to a consensus on a new agreement. The City Manager is directed to make
contact and be ready to take action if a consensus can not be reached in 30 days.
Farmer’s Market/Bike Time.
Mayor Gawron reiterated the Commission’s stand that the Farmer’s Market would come first
over festivals. The farmers have indicated they do not believe the Farmer’s Market will work by
sharing the space with festivals.
Commissioner Hood agreed and indicated that he spoke to some of the farmers and they do not
believe it will work. As much as he would like to see it work, a promise was made to the
Farmer’s Market that they would be put first.
Commissioners stressed how much they enjoy Bike Time and want to see it continue to be
successful.
Clyde Whitehouse, owner of Hot Rod Harley Davidson, spoke. Bike Time is suggesting to have
a survey to see how the crowd feels. He believes there may be some confusion of what the
proposal actually is and thinks bringing 100,000 additional people to the market will be
beneficial. Bike Time also proposes to promote the market all year through their promotional
material. It is being requested that a decision be withheld until a survey can take place.
Moved by Vice Mayor Spataro, seconded by Commissioner Wierengo that the vendor rules
for the Muskegon Farmer’s Market will not be altered and we will not compete with any
other existing festival/special events.
ROLL CALL VOTE:
Ayes: Markowski, Gawron, Hood, Spataro, German, Wierengo, and Turnquist.
Nays: None.
MOTION PASSES
Adjournment.
Motion by Commissioner Hood, seconded by Commissioner Spataro to adjourn at 7:32
p.m.
MOTION PASSES
____________________________
Ann Marie Cummings, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 13, 2013
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, August 13, 2013.
Mayor Gawron opened the meeting with a prayer from Mr. George Monroe
from the Evanston Avenue Baptist Church after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro,
Commissioners Eric Hood, Willie German, Sue Wierengo, and Byron Turnquist, City
Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Ann Marie
Cummings.
Absent: Commissioners Lea Markowski (arrived at 5:37 p.m.)
2013-68 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the July 23rd City Commission
Meeting and the July 30th, 31st and August 5th Special Commission Meetings.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
C. Letter of Support to WMSRDC’s Great Lakes Fisheries Trust Grant
Application. PUBLIC WORKS
SUMMARY OF REQUEST: Support the West Michigan Shoreline Regional
Development’s efforts to secure Fisheries grant to construct approximately 800’
of bike trail, fishing stations and possibly a picnic shelter (depending on the
dollars available) on the Hartshorne peninsula’s pier and authorize the Mayor to
sign the letter of support.
FINANCIAL IMPACT: None to the City, however, the application is expected to
request around $200,000.
BUDGET ACTION REQUIRED: None.
1
STAFF RECOMMENDATION: Endorse WMSRDC’s efforts and authorize the Mayor
to sign the letter of support.
E. SECOND READING: Fireworks Ordinance Amendment. PUBLIC SAFETY
SUMMARY OF REQUEST: It is requested the City Commission approve the
Ordinance Amendment which provides for the regulation of the ignition,
discharge and use of consumer fireworks, as allowed under the Michigan
Fireworks Safety Act.
The ordinance specifically limits the days and hours Consumer fireworks may be
ignited, discharged or used in the City. The ordinance prohibits the use of
fireworks while under the influence of alcohol or drugs. The Public Safety Office
wants to ensure no person shall recklessly endanger the life, health, safety, or
well-being of any person by the ignition, discharge, or use of consumer fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Ordinance as presented.
Motion by Vice Mayor Spataro, second by Commissioner Hood to adopt the
Consent Agenda as presented with the exception of items B and D.
ROLL VOTE: Ayes: Hood, Spataro, German, Wierengo, Turnquist, and Gawron
Nays: None
MOTION PASSES
2013-69 ITEMS REMOVED FROM THE CONSENT AGENDA:
B. Concession Contract for Concession Building at Pere Marquette Park.
PUBLIC WORKS
SUMMARY OF REQUEST: Staff is asking permission to enter into a one-year
contractual agreement for 2014 with Morse and Jinger Michael of Moji Inc. (DBA
The Beach Cove) for operating a Concession called “The Beach Cove” (“The
Island” Concession) at Pere Marquette Park.
FINANCIAL IMPACT: Contract revenue for “The Island” concession was $2,118
for the 2009 operating season, $3,625 in 2010, $1,830 in 2011 and $1,296 in 2012.
Concession revenue is normally 10% of gross receipts. However, if approved by
Commission, staff would negotiate “in-kind” services/donation to Pere
Marquette Park facilities or 10% commission of gross receipts.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize DPW Staff to enter into a one-year
Concession Agreement with Morse and Jinger Michael of Moji Inc., for a
Concession at the Concession (restroom/lifeguard) Building at Pere Marquette
Park for 2014.
2
Motion by Commissioner Turnquist, second by Commissioner Wierengo to
approve the one-year Concession Agreement with Morse and Jinger Michael of
Moji Inc., for a Concession at the Concession Building at Pere Marquette Park for
2014.
ROLL VOTE: Ayes: Spataro, German, Wierengo, Turnquist, Markowski, Gawron,
and Hood
Nays: None
MOTION PASSES
D. Farmers’ Market DMDC Relocation Site – Purchase Agreement between
the City of Muskegon (City) and Downtown Muskegon Development
Corporation (DMDC). PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The DMDC is developing a portion of their property
downtown for the relocated City Farmers’ Market. When the property has been
developed, the DMDC will transfer the land and improvements to the City for $1.
The Purchase Agreement outlines the terms for this transfer, which is expected to
occur in the spring of 2014.
FINANCIAL IMPACT: The City will be paying $1 for the land and improvements.
The City will continue to manage the Farmers’ Market, as well as the new
entities, such as the community kitchen. The City will collect the revenues and
pay for any future expenditures.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Purchase Agreement between the
City and DMDC and authorize the Mayor and Clerk to sign all necessary
documents, including closing documents at the time of sale.
Motion by Commissioner German, second by Vice Mayor Spataro to approve
the Purchase Agreement between the City of Muskegon and the Downtown
Muskegon Development Corporation.
ROLL VOTE: Ayes: German, Wierengo, Turnquist, Markowski, Gawron, Hood, and
Spataro
Nays: None
MOTION PASSES
2013-70 NEW BUSINESS:
A. Presentation of Veterans’ Memorial Park. PUBLIC WORKS
SUMMARY OF REQUEST: Allow staff and the engineer to make a required public
presentation on the proposed improvements to the Veterans’ Park. The City of
Muskegon, in cooperation with MDOT, the City of North Muskegon, Muskegon
County, the Lions of Michigan, and local veterans groups, is undertaking the
3
design and construction of improvements to the Veterans’ Memorial Causeway
Park to improve barrier-free accessibility. Since the project is within a publicly
owned park, public informational meetings are required by MDOT to be held to
allow for public comment.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Allow the presentation and greet any and all
comments offered by the public at the meeting.
City Engineer/Public Works Director Mohammed Al-Shatel introduced Frank
Bednarek, Hooker Dejong Architects, 316 Morris, who gave an overview of the
project. Bruce Callen, Callen Engineering, 15172 Carriage Way, Spring Lake,
explained barrier free accessibility and relocation of monuments.
Dr. Cobler, 1045 Camelot, Laketon Township, stated the water fountain and two
cannons will get a make-over. These two items are not in the scope of this
funding.
Mohammed Al-Shatel stated that by accepting this project you are okaying the
removal of streetlights.
Tom Thompson, 5564 Southshore Dr., Fruitland Twp., commented on the
decorative trees blocking the view of the interior.
County Commissioners Terry Sabo and Rillastine Wilkins support the project.
B. Designation of Voting Delegates for the Michigan Municipal League
Annual Business Meeting. CITY CLERK
SUMMARY OF REQUEST: To designate by action of the Commission, one of our
officials who will be in attendance at the Convention as an official
representative to cast the vote of the municipality at the annual meeting; and, if
possible, to designate one other official to serve as alternate.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to designate
Cathy Brubaker-Clarke as the delegate and Mohammed Al-Shatel as the
alternate for the convention.
ROLL VOTE: Ayes: Turnquist, Markowski, Gawron, Hood, Spataro, German, and
Wierengo
Nays: None
MOTION PASSES
4
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:12 pm.
Respectfully submitted
Ann Marie Cummings, MMC
City Clerk
5
Agenda Item No. _________
Date: 08/27/13
To: Honorable Mayor and City Commission
From: Department of Public Works
RE: Emergency Pump Replacement of Sherman
Lift Station.
________________________________________________________
SUMMARY OF REQUEST: Authorize staff to purchase one new 25
HP Flygt Submersible Sewage Pump from Kennedy Industries for the
quoted price of $16,958.
FINANCIAL IMPACT: Total cost $16,958.
BUDGET ACTION REQUIRED: None, expenditures for the purchase
would come from the Sewer Budget.
STAFF RECOMMENDATION: Approve purchase.
Memorandum
To: Mohammed Al-Shatel
From: Dave Baker
Date: 8/21/2013
Re: Pump Repair or Replacement of Sherman Lift Station
One of the pumps at the Sherman Lift Station is in need of repair or
replacement. Both pumps at this station are the original pumps from the early
1990’s, and each one was rebuilt in 2006 at a cost of $4,605 each. Repair estimates
for the current pump failure is $6500 from Jones Electric or $9,500 from Kennedy
Industries. I’m still waiting for official quotes but phone estimates for replacement
are $16,958 from Kennedy Industries and over $17,000 from Jones Electric.
This station is currently running on two older pumps, both of which have had
issues. This station takes in all the businesses along Sherman and some businesses
in the Industrial Park area, including the State Prison. For these reasons, I am
recommending replacing the pump instead of throwing more and more money
towards repairs. This would give us a new, efficient and reliable pump, and give us
time to budget for the eventual replacement of the other pump.
David Baker
Public utilities Supervisor
1
QUOTATION
DATE NUMBER PAGE
8/9/2013 48018 1 of 1
Accepted By:
B MUS500 Company:
I
CITY OF MUSKEGON
L
611 SENIC DRIVE Date:
L
MUSKEGON, MI 49445
T
PO#:
O
ATTENTION:
DAVE BAKER P: 231-724-6988 [email protected]
WE ARE PLEASED TO PROPOSE THE FOLLOWING FOR YOUR CONSIDERATION:
CUSTOMER REF/PO # JOB # JOB TITLE SLP SHIPPING TYPE
QUOTE 48018 CP 3152 PUMP REPAIR / REPLACEMENT ACS / MJH FRT ALLOWED
QTY DESCRIPTION
REPAIR CP 3152:
(1) ESTIMATED REPAIR BASED ON COMMON PARTS INCLUDING IMPELLER, WEAR RINGS AND SEAL KIT. INCLUDES
PICKUP AND DELIVERY.
NET PRICE INCLUDING FREIGHT, BUT NO TAX -- $ 9,500.00
**************************************************************************************************
REPLACE WITH NEW CP 3152 (OLD DESIGN):
(1) FLYGT EXPLOSION PROOF SUBMERSIBLE PUMP MODEL CP 3152.091 WITH 454 IMP. PUMP RATED 20 HP, 3/460V
WITH 6" DISCHARGE AND 50' MOTOR AND SENSOR CABLE.
(1) START-UP ASSISTANCE.
NET PRICE INCLUDING FREIGHT, BUT NO TAX -- $ 17,383.00
***************************************************************************************************
REPLACE WITH CURRENT DESIGN, NP 3171:
(1) FLYGT EXPLOSION PROOF SUBMERSIBLE PUMP MODEL NP 3171.095 WITH 455 IMP. PUMP RATED 25 HP, 3/460V
WITH 4" DISCHARGE AND 50' MOTOR AND SENSOR CABLE.
(1) SET OF SPACER BLOCKS TO FIT PUMP TO EXISTING GUIDE RAILS.
(1) START-UP ASSISTANCE.
NET PRICE INCLUDING FREIGHT, BUT NO TAX -- $ 16,958.00
***************************************************************************************************
WE DO NOT INCLUDE: INSTALLATION, SITE WORK, CONCRETE, ANCHOR BOLTS, PIPING, STARTERS, CONTROLS, CONDUIT,
WIRING, OR JUNCTION BOXES.
WE APPRECIATE THIS OPPORTUNITY TO QUOTE AND LOOK FORWARD TO BEING OF FUTURE SERVICE.
SINCERELY,
MARK J. HEMEYER / ADAM C. SHARP
KENNEDY INDUSTRIES INC.
This proposal is subject to Kennedy's standard terms and conditions of sale (rev'd 5/2011), which are attached or
viewable at www.kennedyind.com. Terms of payment are net 30 days from date of invoice with 1-1/2% per month
additional charge on unpaid balance.
NO TAXES OF ANY KIND ARE INCLUDED IN THIS PROPOSAL
P.O. Box 180 52900 Grand River New Hudson, MI 48165-0180 Phone: 248-684-1200 Fax: 248-684-6011
www.KennedyInd.com
Page 1 of 1
Linda Potter
From: Dave Baker
Sent: Monday, August 19, 2013 1:31 PM
To: 'M Passage'
Subject: RE: pump
Hey Mike,
Per our conversation, this e‐mail will serve as your bid for the replacement of the pump at Sherman Lift Station.
Pump replacement‐ $19,000.
Thanks
Dave Baker
Public utilities Supervisor
City of Muskegon
231‐724‐4184
From: M Passage [mailto:[email protected]]
Sent: Monday, August 05, 2013 2:33 PM
To: Dave Baker
Subject: pump
David
We are pleased to quote the following.
Flygt pump motor repair.
disassemble
clean
surge test
ground test
replace all seals and bearings
replace cord
replace wear rings
replace impeller
assemble
tank test 48 hours
paint
$6500.00 plus shipping for parts.
Parts are 4 weeks out.
Thanks
Mike Passage
Jones Electric Company
[email protected]
231-726-5001 ph
231-722-4761 fax
8/21/2013
Date: August 27, 2013
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City – MDOT Agreement for the reconstruction of:
Laketon Ave. between Park & Peck
SUMMARY OF REQUEST:
Approve the attached contract with MDOT for the reconstruction of Laketon Ave.
between Peck & Park and approve the attached resolution authorizing the Mayor and
City Clerk to sign the contract.
FINANCIAL IMPACT:
MDOT’s participation is limited to the approved federal funds of $704,475. The
estimated total construction cost is $1,129,000 plus engineering cost.
BUDGET ACTION REQUIRED:
none at this time
STAFF RECOMMENDATION:
Approve the attached contract and resolution authorizing the mayor & clerk to sign
both.
COMMITTEE RECOMMENDATION:
RESOLUTION__________
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR THE RECONSTRUCTION OF LAKETON AVE. BETWEEN
PARK & PECK TOGETHER WITH OTHER NECESSARY RELATED WORK ITEMS
AND AUTHORIZATION FOR MAYOR STEPHEN J. GAWRON AND CITY CLERK,
ANN CUMMINGS, TO EXECUTE SAID CONTRACT
Moved by_____________________________________and supported by
Commissioner___________________________that the following Resolution be
adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 13-5425 between the
Michigan Department of Transportation and the City of Muskegon for the
reconstruction of Laketon Ave. between Park & Peck within the City is in the best
interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 13-5425 be and
the same is hereby authorized and approved and the Mayor and Clerk are
authorized to execute said contract for and on behalf of the City of Muskegon.
Adopted this____________day of____________, 2013.
BY
Stephen J. Gawron, Mayor
ATTEST
Ann Cummings, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
____________, 2013. 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
Commission Meeting Date: August 27, 2013
Date: August 20, 2013
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Youth Basketball League and Open Gym
Proposal- Muskegon Public Schools
SUMMARY OF REQUEST: The City of Muskegon has contracted with the
Muskegon Public Schools (“Schools”) for the management of the Youth Basketball
League and Open Gym since 2010. The program has been successful (see
attached report) and the Schools would like to manage the program for the 2013-
2014 school year. The Commission is requested to approve the attached proposal
and authorize staff to enter into an agreement with the Schools for oversight of the
basketball program and the Open Gym program.
FINANCIAL IMPACT: The cost for the program is $18,500 (which has not changed
since 2010).
BUDGET ACTION REQUIRED: Funds are available through the Leisure Services
budget.
STAFF RECOMMENDATION: To approve the “Youth Basketball League and Open
Gym Proposal” and authorize staff to enter into a formal agreement with the Schools.
21st CCLC After School Programs 349 W. Webster Avenue, Muskegon, MI 49440 231-720-2000 Fax 231-720-2050
August 14, 2013
Youth Basketball League Proposal
From: Muskegon Public Schools
To: The City of Muskegon
Muskegon Public Schools is continually looking for new ways to "reach out and change lives" in
our community. Collaborating with the City of Muskegon will help offer safe, positive after school
recreational opportunities for the students serviced throughout our communities. Last year's Youth
Basketball and Open Gym program established a successful foundation to sustain this collaborative
effort. Based on review of expenses our current proposal is as follows:
1.) The MPS Youth Support Services Office located @ Muskegon Hackley Administration Building,
would administer the following programs: Open Gym and the Youth Basketball League. These
programs would run between October 2013 and March 2014.
2.) The City of Muskegon would contribute $18,500 towards this partnership. The funds would be used
for the following expenses: program administration and supervision, custodial services,
supplies/materials and support personnel (i.e. referee's and statisticians).
Program Descriptions:
1.) Boy's and girl's basketball seasons would run consecutively for (6) weeks with the (6th) week being
tournament play to conclude each season. The girl’s season would start Fall of 2013 and the boy’s would
begin after the conclusion of Christmas break (Winter 2014).
2.) Student registration fee would remain $25 per student to include: reversible game jerseys, individual
participation medals, team plaques, and trophies for the tournament champion and runner up teams.
3.) MPS will accept responsibility for all administrative and supervisory obligations for the Youth
Basketball League.
Open Gym:
1.) Open gym will be offered for (3) hours the day following the Saturday basketball games for both
girls and boys season.
2.) MPS will accept responsibility for all administrative and supervisory obligations for the Open Gym
program.
It is the policy of the Public Schools of the City of Muskegon that no person shall, on the basis of race, color, religion, national origin or ancestry, sex, age,
disability, height, weight, or marital status be excluded from participation in, be denied the benefits of, or be subjected to discrimination during any program or
activity or in employment. If you feel you have been discriminated against, please contact the Office of the Assistant Superintendent of Human Resources, 349
W. Webster Avenue, Muskegon, MI 49440 (231) 720-2000
Grant Contacts
Kimberly Leavell 231-720-2557
Director
21st CCLC
[email protected]
George Sharp 231-720-2061
Assistant Director
21st CCLC
[email protected]
Muskegon Public Schools looks forward to our partnership for the 2013/2014 academic year.
It is the policy of the Public Schools of the City of Muskegon that no person shall, on the basis of race, color, religion, national origin or ancestry, sex, age,
disability, height, weight, or marital status be excluded from participation in, be denied the benefits of, or be subjected to discrimination during any program or
activity or in employment. If you feel you have been discriminated against, please contact the Office of the Assistant Superintendent of Human Resources, 349
W. Webster Avenue, Muskegon, MI 49440 (231) 720-2000
Date: August 27, 2013
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Gaming License Request from the Muskegon
Rotary Foundation
SUMMARY OF REQUEST: The Muskegon Rotary Foundation is
requesting a resolution recognizing them as a non-profit organization
operating in the City for the purpose of obtaining a Gaming License.
They have been recognized as a 501(c)(3) organization by the State.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Commission Meeting Date: August 27, 2013
Date: August 21, 2013
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing – Issuance of a Commercial Rehabilitation
Certificate – 316 Morris Ave.
SUMMARY OF REQUEST:
Pursuant to Public Act 210 of 2005, as amended, The Hinman Company has requested the
issuance of a Commercial Rehabilitation Certificate. The City Commission approved the
creation of the Commercial Rehabilitation District on January 22, 2013. The certificate 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. The company will be investing over $450,000 in the
building, which qualifies them for an abatement of 10 years.
FINANCIAL IMPACT:
The real property taxes would be frozen at their pre-rehabilitated rate for the duration of the
certificate
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Establishment of the Commercial Rehabilitation Certificate
COMMITTEE RECOMMENDATION:
None
8/21/2013
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF A COMMERCIAL REHABILITATION CERTIFICATE
Hinman Lake, LLC
WHEREAS, pursuant to P.A. 210 of 2005 as amended, after duly noticed public hearing held on January
22, 2013, this Commission by resolution established a Commercial Rehabilitation District as
requested by Hinman Lake, LLC for the building at 363 Ottawa St, Muskegon, Michigan 49442;
and
WHEREAS, Hinman Lake, LLC has requested in writing for the City to establish a Commercial Rehabilitation
District at 363 Ottawa St in a letter dated December 18, 2012; and
WHEREAS, the application for the issuance of a Commercial Rehabilitation Certificate was filed within six
months of the projects commencement; and
WHEREAS, the rehabilitation of this building is calculated to and will have the reasonable likelihood to retain,
create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, Hinman Lake, LLC is not delinquent in any taxes related to the facility; and
WHEREAS, the application is for commercial property as defined in section 2(a) of Public Act 210 of
2005; and
WHEREAS, Hinman Lake, LLC has provided answers to all required questions under the application
instructions to the City of Muskegon; and
WHEREAS, the City of Muskegon requires that rehabilitation of the facility shall be completed by August
22, 2014; and
WHEREAS, the application relates to a rehabilitation program that when completed constitutes a qualified
facility within the meaning of Public Act 210 of 2005 and that is situated within a Commercial
Rehabilitation District established under Public Act 210 of 2005; and
WHEREAS, the rehabilitation includes improvements aggregating 10% or more of the true cash value of
the property at commencement of the rehabilitation as provided by section 2(j) of Public Act 210
of 2005; and
WHEREAS, a Public Hearing was held on August 27, 2013 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; 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:
8/21/13
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. 210 of
the Public Act of 2005 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 Hinman Lake, LLC, for the issuance of a Commercial Rehabilitation Certificate
with respect to the building improvements and equipment on the following described parcel of real
property situated within the City of Muskegon to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903 THAT PT OF BLKS 558-562 VAC ALLEY VAC
JEFFERSON ST & VAC WATER ST DESC AS FOLS COM AT W MOST COR LOT 17 OF SD BLK 561 FOR
POB TH S 39D 47M E ALG ELY LN OF N FIRST ST 193.65 FT TO NLY LN OF MORRIS AVE TH N 21D 59M
27S E ALG NLY LN MORRIS AVE 203.46 FT TH N 27D 33M E ALG NLY LN MORRIS AVE 275.90 FT TO
SWLY LN OF TERRACE ST(125.00 FT WIDE) TH N 62D 44M W ALG SWLY LN TERRACE ST(125 FT
WIDE) 449.40 FT TH WLY ALG THE ARC OF THE 177.48 FT R CURVE TO LT A DISTANCE 138.36 FT TO
ELY LN OF C&O RR ROW(THE LONG CHORD OF SD CURVE BEARS N 85D 04M W 134.90 FT)
3) The Commercial Rehabilitation Certificate is issued and shall be and remain in force and effect for
a period of ten (10) years, ending on December 31, 2023.
Adopted this 27th Day of August, 2013.
Ayes:
Nays:
Absent:
BY: __________________________________
Stephen Gawron
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 August 27, 2013.
______________________________
Ann Cummings
Clerk
8/21/13
Commission Meeting Date: August 27, 2013
Date: August 21, 2013
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing – Establishment of a Commercial Rehabilitation
District – 500 W Western Ave.
SUMMARY OF REQUEST:
Pursuant to Public Act 210 of 2005, as amended, 500 W Western Ave LLC 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.
COMMITTEE RECOMMENDATION:
None
8/21/2013
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE CREATION OF A COMMERCIAL REHABILITATION DISTRICT
500 W Western Ave
WHEREAS, 500 W Western Ave has requested in writing for the City to establish a Commercial Rehabilitation
District at 500 W Western Ave in a letter received by the city on July 26, 2013; 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 August 27, 2013 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 500 W Western Ave on the following
described parcel of real property
CITY OF MUSKEGON REVISED PLAT OF 1903 THAT PT OF BLKS 558-562 VAC ALLEY VAC JEFFERSON
ST & VAC WATER ST DESC AS FOLS COM AT W MOST COR LOT 17 OF SD BLK 561 FOR POB TH S
39D 47M E ALG ELY LN OF N FIRST ST 193.65 FT TO NLY LN OF MORRIS AVE TH N 21D 59M 27S E
ALG NLY LN MORRIS AVE 203.46 FT TH N 27D 33M E ALG NLY LN MORRIS AVE 275.90 FT TO SWLY LN
OF TERRACE ST(125.00 FT WIDE) TH N 62D 44M W ALG SWLY LN TERRACE ST(125 FT WIDE) 449.40
FT TH WLY ALG THE ARC OF THE 177.48 FT R CURVE TO LT A DISTANCE 138.36 FT TO ELY LN OF
C&O RR ROW(THE LONG CHORD OF SD CURVE BEARS N 85D 04M W 134.90 FT)
Adopted this 27th Day of August 2013.
Ayes:
Nays:
Absent:
BY: __________________________________
Stephen Gawron
Mayor
ATTEST: __________________________________
Ann Cummings
Clerk
8/21/13
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 August 27, 2013.
______________________________
Ann Cummings
Clerk
8/21/13