STANDING COMMITTEES AGENDA
Tuesday, March 11, 2014
8:10 a.m. COMMITTEE ON APPOINTMENTS* (Coms. Gutowski, Kelly, Lenear), Conference Room 601
1)
Resolution appointing a member to the Grand Rapids Historical Commission
2)
Resolution appointing a member to the City Planning Commission
3)
Resolution appointing a member to the Grand Rapids Police Civilian Appeal Board
4)
Discussion of the current Board/Commission Vacancy List
8:30 a.m. FISCAL COMMITTEE* (Coms. Kelly, Lumpkins, Shaffer), Commission Chambers
1)
Resolution authorizing the execution of agreements for legal services with Damon, Ver Merris,
Boyko, & Witte, PLC and Clark Hill PLC for representation in bankruptcy proceedings and civil
collection actions.
2)
Request for Budget Substitution
3)
Bid List
4)
Comptroller’s Report
5)
Treasurer’s Report
City Parking Ramp tickets may be validated by the Recorder after the meeting or at the City Clerk's Office on the 2nd Floor.
STANDING COMMITTEES AGENDA
Tuesday, March 11, 2014
8:30 a.m. COMMUNITY DEVELOPMENT COMMITTEE* (Coms. Bliss, Gutowski, Lenear),
Conference Room 601
1)
Resolution authorizing the City Assessor to spread Special Assessment Roll #8702 for Nuisance
charges
2)
Resolution scheduling a public hearing for Programmatic Agreements with the Michigan State
Historic Preservation Officer
3)
Resolution scheduling a public hearing for the FY2015 Consolidated Housing and Community
Development Annual Action Plan
4)
Resolution scheduling a public hearing to consider the designation of the Eastown Flats
Neighborhood Enterprise Zone (NEZ)
5)
Resolution approving and authorizing execution of an Assignment of Tax Increment Financing
related to the City of Grand Rapids Brownfield Redevelopment Authority’s MidTowne Village,
LLC Project
6)
Resolution scheduling a public hearing to consider a Brownfield Plan Amendment for the JB
Attorney Holdings Clancy 2, LLC Redevelopment Project
7)
Resolution scheduling a public hearing to consider a Brownfield Plan Amendment for the 1400
and 1415 Wealthy Street Redevelopment Project
8)
Resolution requesting additions to and de-certifications from the City's Local Street System
(2013 Act 51 Street System Report)
9)
Resolution approving a public utilities easement east of the Paul Henry Thornapple Trail
(Bretonfield Site Condominiums)
10) Resolution approving an agreement with the Michigan Department of Transportation and
authorizing expenditures for installation of Median Cable Barrier on I-196 from the South City
Limits to South of M-45 (Lake Michigan Drive)
11) Resolution approving an agreement with the Michigan Department of Transportation and
authorizing expenditures for the Overlay of Southbound US-131 bridge over Bridge Street.
12) Resolution awarding a contract to Kamminga & Roodvoets, Inc., for sanitary sewer stabilization
at various locations
13) Resolution approving an extension of the contract with Lodestar Construction, Inc. for trench
repairs over water and sewer lines, curb repair, parking lot repair, and traffic calming at various
locations – Contract No. 2013-1
14) Resolution approving an extension of the contract with Lodestar Construction, Inc. for trench
repair over water and sewer lines at various locations – Contract No. 2013-2
City Parking Ramp tickets may be validated by the Recorder after the meeting or at the City Clerk's Office on the 2nd Floor.
STANDING COMMITTEES AGENDA
Tuesday, March 11, 2014
9:30 a.m. COMMITTEE OF THE WHOLE*, Commission Chambers
1)
Resolution approving and authorizing execution of Addendum I to Water and Sanitary Wholesale
Agreement with Caledonia Charter Township
2)
Ordinance Amendment repealing section 9.136(3) of the City Code regarding Fortune Telling
3)
Ordinance Amendment repealing section 9.193 of the City Code regarding Birds and Birds’
Nests
4)
Ordinance Amendment repealing Chapter 66 of the City Code Natural and Artificial Drains
5)
Ordinance Amendment regarding Spitting in a Public Place
7:00 p.m. CITY COMMISSION MEETING, (agenda attached)
City Parking Ramp tickets may be validated by the Recorder after the meeting or at the City Clerk's Office on the 2nd Floor.
CITY OF GRAND RAPIDS
CITY COMMISSION MEETING
TUESDAY, MARCH 11, 2014
7:00 p.m.
City High Middle School
(auditorium)
1720 Plainfield Avenue NE
1.
Call to order
2.
Pledge of Allegiance
3.
Roll Call
4.
Approval of Minutes of February 25, 2014
5.
Public Comments on Agenda Items
6.
Petitions and Communications
1)
Communications (3) supporting the proposed WestSide Corridor Improvement District.
2)
Communication from Governor Rick Snyder approving the proposed amendment to the
Charter of the City of Grand Rapids, pursuant to the Home Rule City Act (HRCA), for
placement on the May 6, 2014 ballot.
3)
Communication from Gert Hobson requesting copies of reimbursement forms in
response to the South East Community Association’s (SECA) alleged misuse of funds.
7.
Reports of City Officers
8.
Ordinances
1)
An Ordinance amendment repealing in its entirety Chapter 158, entitled Consumer
Protection, of the City Code.
2)
An Ordinance to amend Chapter 94, entitled Taxicabs, of the City Code (Taximeters).
3)
An Ordinance amendment to combine Chapter 15, entitled Ward Apportionment, and
Chapter 3, entitled Elections, of the City Code.
4)
An Ordinance to amend Section 9.132(3) of Chapter 152, entitled Disorderly Conduct,
of the City Code (Wilfully Annoying Another Person).
5)
An Ordinance to amend Section 9.133 of Chapter 152, entitled Disorderly Conduct, of
the City Code (Failure to Pay Restaurant/Bar Bill).
6)
An Ordinance to amend Section 9.135 of Chapter 152, entitled Disorderly Conduct of
the City Code (Failure to Stop a Motor Vehicle).
City Parking Ramp tickets may be validated by the Recorder after the meeting or at the City Clerk's Office on the 2nd Floor.
7)
An Ordinance to amend Map 22 of Chapter 61 of the City Code rezoning 216 Fairbanks
Street NE and several properties on Clancy Avenue NE from Traditional Neighborhoods
- Low Density Residential to Special Districts - Planned Redevelopment District.
9.
Consent Agenda - items noted by asterisk (*)
10.
Reports of Standing Committees:
COMMITTEE ON APPOINTMENTS
COMMITTEE OF THE WHOLE
FISCAL COMMITTEE
COMMUNITY DEVELOPMENT COMMITTEE
PUBLIC SAFETY COMMITTEE
11.
City Commission Resolutions
1)
12.
Resolution authorizing the compromise and settlement of a workers’ compensation
claim.
Public Hearings
1)
Hearing to consider Special Assessment District No. 8698 for sidewalk in Turner
Avenue from Ann Street to US-131 (SB) Ramps.
2)
Hearing to consider Special Assessment District No. 8700 for sidewalk in 28th Street
from Kalamazoo Avenue to East Paris Avenue.
3)
Hearing to consider an Obsolete Property Rehabilitation District for Klingman Lofts I,
LLC and Klingman Lofts II, LLC located at 48 and 60 Wealthy Street SW.
4)
Hearing to consider Obsolete Property Rehabilitation Exemption Certificates (2) for
Klingman Lofts I, LLC and Klingman Lofts II, LLC located at 48 and 60 Wealthy Street
SW.
5)
Hearing to consider establishment of the WestSide Corridor Improvement Authority and
the designation of the Development Area.
6)
Hearing to consider the submittal of two Passport grant applications to the Michigan
Department of Natural Resources.
13.
Public Comments
14.
Comments by Commissioners
15.
Adjournment
City Parking Ramp tickets may be validated by the Recorder after the meeting or at the City Clerk's Office on the 2nd Floor.
Special Committees
Date
Meeting
Attending
Time
Mar 11 Tue
Special Briefing
11:00 AM
Mar 11 Tue
Economic Devel Project Team
Bliss, Heartwell, Shaffer
Mar 11 Tue
Civil Service Board
Kelly
2:30 PM
Mar 11 Tue
Renewable Energy Team
Heartwell, Kelly, Lumpkins
3:30 PM
Mar 12 Wed
Downtown Dev Authority
Heartwell
8:30 AM
Mar 12 Wed
Waste to Energy
Heartwell
1:30 PM
City Parking Ramp tickets may be validated by the Recorder after the meeting or at the City Clerk's Office on the 2nd Floor.
12:30 PM
Special Briefing Session
City Commission/Staff
March 11, 2014
11:00 am – City Commission Chambers
1. Blandford Nature Center Update
Annoesjka Steinman, Executive Director
City Parking Ramp tickets may be validated by the Recorder after the meeting or at the City Clerk's Office on the 2nd Floor.
CA0
DATE:
March 5, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE
LIAISON:
Committee on Appointments
Darlene O’Neal, Acting City Clerk
FROM:
Christian Borg, Administrative Analyst
SUBJECT:
APPOINTMENT TO THE GRAND RAPIDS HISTORICAL
COMMISSION
A resolution has been prepared to confirm Mayor Heartwell’s appointment of Donald
Van Stee as a member of the Grand Rapids Historical Commission. Mr. Van Stee will
serve the remainder of an unexpired three-year term ending January 2, 2017, replacing
Marlene Fabbro. Following the appointment of Mr. Van Stee, no vacancies will remain on
the Grand Rapids Historical Commission and the composition is as follows:
W1
W2
W3
OSC
Attachment
CLERKS-98-174
-
2
5
1
5
WM - 9
WF - 3
BF - 1
YOUR COMMITTEE ON APPOINTMENTS recommends adoption of a resolution
confirming Mayor Heartwell’s appointment of a member to the Grand Rapids Historical
Commission.
CORRECT IN FORM
_____________________
DEPARTMENT OF LAW
COMMITTEE ON APPOINTMENTS
Com. _____________________, supported by Com. _____________________,
moved adoption of the following resolution:
RESOLVED that Mayor Heartwell’s appointment of Donald Van Stee as a member
of the Grand Rapids Historical Commission for the remainder of an unexpired three-year
term ending January 2, 2017 be confirmed.
Drafted by Christian Borg for Darlene O’Neal, Acting City Clerk
Yeas
CLERKS-98-174
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
CA0
DATE:
March 5, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE
LIAISON:
Committee on Appointments
Darlene O’Neal, Acting City Clerk
FROM:
Christian Borg, Administrative Analyst
SUBJECT:
APPOINTMENT TO THE CITY PLANNING COMMISSION
A resolution has been prepared to confirm Mayor Heartwell’s appointment of Erica Van Ee
as a member of the City Planning Commission. Ms. Van Ee will serve the remainder of an
unexpired three-year term ending January 2, 2017, replacing Paul W. Potter. Following
the appointment of Ms. Van Ee, no vacancies will remain on the City Planning
Commission and the composition is as follows:
W1 - 3
W2 - 3
W3 - 3
Attachment
CLERKS-98-173
WM - 5
WF - 2
BM - 2
YOUR COMMITTEE ON APPOINTMENTS recommends adoption of a resolution
confirming Mayor Heartwell’s appointment of a member to the City Planning Commission.
CORRECT IN FORM
_____________________
DEPARTMENT OF LAW
COMMITTEE ON APPOINTMENTS
Com. _____________________, supported by Com. _____________________,
moved adoption of the following resolution:
RESOLVED that Mayor Heartwell’s appointment of Erica Van Ee as a member of
the City Planning Commission for the remainder of an unexpired three-year term ending
January 2, 2017 be confirmed.
Drafted by Christian Borg for Darlene O’Neal, Acting City Clerk
Yeas
CLERKS-98-173
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
DATE:
March 5, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE
LIAISON:
Committee on Appointments
Darlene O’Neal, Acting City Clerk
FROM:
Christian Borg, Administrative Analyst
SUBJECT:
APPOINTMENT TO THE GRAND RAPIDS POLICE CIVILIAN
APPEAL BOARD
A resolution has been prepared to recognize Commissioner Gutowski’s appointment of
Maria Moreno as a member of the Grand Rapids Police Civilian Appeal Board.
Ms. Moreno will serve the remainder of an unexpired term and an additional two-year term
ending May 2, 2016, replacing Jane Grischke. Following the appointment of Ms. Moreno,
no vacancies will remain on the Grand Rapids Police Civilian Appeal Board and the
composition is as follows:
W1 - 2
W2 - 4
W3 - 3
Attachment
CLERKS-98-175
WM
WF
BM
BF
HF
-
4
1
2
1
1
YOUR COMMITTEE ON APPOINTMENTS recommends adoption of a resolution
recognizing Commissioner Gutowski’s appointment of a member to the Grand Rapids
Police Civilian Appeal Board.
CORRECT IN FORM
_____________________
DEPARTMENT OF LAW
COMMITTEE ON APPOINTMENTS
Com. _____________________, supported by Com. _____________________,
moved adoption of the following resolution:
RESOLVED that Commissioner Gutowski’s appointment of Maria Moreno as a
member of the Grand Rapids Police Civilian Appeal Board for the remainder of an
unexpired term and additional two-year term ending May 2, 2016 be recognized.
Drafted by Christian Borg for Darlene O’Neal, Acting City Clerk
Yeas
CLERKS-98-175
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
CA0
2
DATE:
March 5, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE
LIAISON:
Committee on Appointments
Darlene O’Neal, Acting City Clerk
FROM:
Christian Borg, Administrative Analyst
SUBJECT:
CURRENT BOARD/COMMISSION VACANCY LIST
Attached is a listing of current vacancies for review by the Committee on Appointments.
Attachment
CLERKS-97-2
CITIZEN BOARDS AND COMMISSIONS
CURRENT VACANCY LIST
March 11, 2014
COMPOSITION OF
CURRENT MEMBERS
AUTOMOBILE PARKING COMMISSION (9 Members)
Mayoral Appointment
1) THREE-YEAR TERM ending 1/2/17
(to replace David LaGrand)
W1 W2 W3 OSC -
BOARD OF ART & MUSEUM COMMISSIONERS (5 Members)
City Commission Appointment
1) UNEXPIRED TERM ending 1/2/17
(to replace Larry Shay)
W2 - 2
OSC - 2
BOARD OF ZONING APPEALS (9 Members + 2 Alternates)
City Commission Appointment
1) UNEXPIRED TERM ending 1/5/15
(to replace Tim Mroz) - alternate
1
1
1
5
W1 - 3
W2 - 4+1
W3 - 2
WM WF BM HM -
4
1
2
1
WM - 1
BM - 2
HF - 1
WM WF BM HM -
4+1
3
1
1
CITY/COUNTY BUILDING AUTHORITY (3 Members)
City Commission Appointment
1) FOUR-YEAR TERM ending 1/4/16
(to replace Carl Eschels)
W1 - 1
OSC - 1
COMMUNITY RELATIONS COMMISSION (9 Members)
City Commission Appointment
1) UNEXPIRED TERM ending 1/5/15
(to replace Ira Hart)
W1 - 1
W2 - 3
OSC - 4
CONSTRUCTION CODE BOARD OF APPEALS (8 Members)
City Commission Appointment
1) UNEXPIRED TERM ending 1/1/18
(to replace Casey Shellenboom) on-call master plumber
W1 - 1
W3 - 4
OSC - 2
WM - 7
DOWNTOWN DEVELOPMENT AUTHORITY (9 Members)
Mayoral Appointment
1) FOUR-YEAR TERM ending 1/2/17
(to replace Mary Tuuk)
W2 - 7
OSC - 1
WM - 3
WF - 4
BM - 1
CLERKS-97-2
WM - 2
WM WF BF HM HF AAM AAF AIF -
1
1
1
1
1
1
1
1
Current Vacancy List
March 11, 2014
Page 2
COMPOSITION OF
CURRENT MEMBERS
HOUSING APPEALS BOARD (9 Members + 3 Alternates)
Mayoral Appointment
1) THREE-YEAR TERM ending 1/2/17
(to replace Michael Booker)
2) THREE-YEAR TERM ending 1/5/15
(to replace Steven Venhuizen)
3) UNEXPIRED TERM ending 1/4/16
(to replace Mary Milanowski)
W2 - 2+2
W3 - 4+1
WM WF BM AIF -
3+1
1
1+2
1
MADISON SQ. CORRIDOR IMPROVEMENT DIST. (6 Members)
Mayoral Appointment
1) UNEXPIRED TERM ending 12/31/16
(to replace Christian Parise)
2) UNEXPIRED TERM ending 12/31/16
(to replace Dean Wiers-Windemuller)
3) FOUR-YEAR TERM ending 12/31/17
(to replace Gertrude Hobson)
W3 - 1
OSC - 2
WM - 1
BM - 1
HM - 1
NORTH QTR. CORRIDOR IMPROVEMENT DIST. (9 Members)
Mayoral Appointment
1) UNEXPIRED TERM ending 12/31/15
(to replace Lynn Hansen)
2) FOUR-YEAR TERM ending 12/31/17
(to replace Larry Zeiser)
W2 - 4
OSC - 3
WM - 5
WF - 2
PARKS AND RECREATION ADVISORY BOARD (9 Members)
City Commission Appointment
1) THREE-YEAR TERM ending 1/1/18
(to replace Hal Froot)
2) UNEXPIRED TERM ending 1/5/15
(initial Board appointment)
3) UNEXPIRED TERM ending 1/2/17
(initial Board appointment)
W1 - 2
W2 - 2
W3 - 2
WM - 4
WF - 1
BF - 1
W1 - 1
W3 - 2
OSC - 2
WM - 4
WF - 1
SMARTZONE LOCAL DEV. FINANCE AUTH. (7 Members)
Mayoral Appointment
1) UNEXPIRED TERM ending 12/31/15
(to replace Richard Ortega)
2) UNEXPIRED TERM ending 12/31/15
(to replace Brent Mulder)
CLERKS-97-2
DATE:
March 5, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Fiscal Committee
Scott Buhrer, Chief Financial Officer
FROM:
Albert C. Mooney, City Treasurer
SUBJECT:
Legal Assistance For Bankruptcy And Civil Collection Cases
The Treasury Department utilizes special counsel for legal services to represent our
interests in various bankruptcy cases and occasional civil actions as they pertain to
property tax collections and situations where amounts owed to the City require litigation
to obtain collection. Though the use of special counsel has been markedly reduced as
City Attorney Catherine Mish and her staff has taken a more active role in addressing
the need for counsel to represent the City in collection matters, we have found it
desirable to have contracts for special counsel in instances where the City Attorneys are
not available or special circumstances arise.
The City's current contracts with Clark Hill PLC (our current primary special counsel)
and Damon, Ver Merris, Boyko, & Witte, PLC (our current alternate special counsel) will
expire this month. As such, we requested proposals for legal assistance from eight
separate local law firms who have represented clients in these types of matters.
We have provided for your reference the summary of the proposals we have received
for providing special counsel services on an as-needed basis in various collection
related matters. The review of the pricing in the proposals calls for switching the firm
that will be our primary special counsel. The two low bids are from the firms with which
we presently have contracts and firms that have had at least one three-year stint as our
primary special counsel. The lowest bid we are recommending is from Damon, Ver
Merris, Boyko, & Witte, PLC as their rate is significantly lower than the second low bid
from Clark Hill PLC.
Attached is the resolution that we wish to have presented to the City Commission that
would approve a contract with Damon, Ver Merris, Boyko, & Witte, PLC. The vast
majority of the expenses for representation by our primary counsel will be incurred at
the rate of $115 per hour for all three years of the contract. This is a very good rate and
should provide for the coverage needed for our work involving bankruptcy and collection
litigation. In addition, the resolution provides for a contract with Clark Hill PLC to
represent the City as our alternate special counsel for both bankruptcy cases and some
March 5, 2014
Gregory A. Sundstrom, City Manager
Page 2
civil collection actions. Clark Hill PLC, as our current primary provider of these legal
services in the contract that is expiring with a rate of $110 per hour, will have ongoing
expenses for cases presently underway. In addition, we may have call to request that
their firm represent us should a conflict of interest or other special need arise. The
majority of expenses for representation by Clark Hill PLC in the new contract will be
incurred at a rate of $150 per hour for the first year, a rate of $155 per hour for the
second year, and a rate of $160 for the third year of the agreement.
Please contact me at ext. 3285 with any questions on this matter. Thank you.
ACM:kg/LEGALBK 03-11-14.WRD
cc: Catherine Mish, City Attorney
Fred Raabe, Deputy City Treasurer
Elizabeth White, Deputy City Attorney
Cheryl Maier, Administrative Analyst
Scott Buhrer, Chief Financial Officer
Jeff Dood, Deputy CFO
Robin Dupuie, Public Accounts Collector
YOUR FISCAL COMMITTEE recommends adoption of the following resolution
authorizing the execution of agreements for legal services with Damon, Ver Merris,
Boyko, & Witte, PLC and Clark Hill PLC for representation in bankruptcy proceedings
and civil collection actions.
_________________________________
CORRECT IN FORM
____________________
DEPARTMENT OF LAW
_________________________________
_________________________________
FISCAL COMMITTEE
Com. _______________________, supported by Com. _________________________,
moved adoption of the following resolution:
WHEREAS, the City is involved in certain bankruptcy proceedings and civil actions for
which procurement of legal assistance is desired; and
WHEREAS, the City desires to engage the services of Damon, Ver Merris, Boyko, &
Witte, PLC and Clark Hill PLC to render consulting, legal advice, and assistance with
regard to bankruptcy proceedings and civil collection actions; therefore
RESOLVED: (1) the Mayor is hereby authorized to execute the agreements for legal
services on behalf of the City with Damon, Ver Merris, Boyko, & Witte, PLC and Clark
Hill PLC, in a form to be approved by the City Attorney; and
(2) Damon, Ver Merris, Boyko, & Witte, PLC shall be compensated for attorney services
at a rate of $115 per hour for representation and shall be compensated for paralegal
services at the rate of $95 per hour for the three year term of the agreement. The total
amount of compensation paid under this agreement shall not exceed $12,000 per year
for the term of the agreement, and
(3) Clark Hill PLC shall be compensated for paralegal services and other administrative
services at a rate of $100 per hour for the term of the agreement and shall be
compensated for attorney services at the rate of $150 per hour for representation during
the first year of the agreement, at the rate of $155 per hour for representation during the
second first year of the agreement and at the rate of $160 per hour for representation
during the third year of the agreement. The total amount of compensation paid under
this agreement shall not exceed $8,000 for the first year of the agreement and $3,000
for each of the second and third years of the agreement.
Drafted by: Albert C. Mooney
Proposals From Attorneys
For Bankruptcy & Civil Collection Cases
Firm
Hourly Rate Quotes - Fiscal Years
‘14-’15
‘15-’16
‘16-‘17
_____________________________________________________________________
Clark Hill PLC
Contact Attorney: Sandra S. Hamilton
Attorney:
$150
Paralegal:
$100
$155
$100
$160
$100
Administrative
Associates
$100
$100
$100
____________________________________________________________________
Damon, Ver Merris, Boyko, & Witte, PLC
Contact Attorney: Larry A. Ver Merris
Attorney:
Paralegal:
$115
$115
$115
$95
$95
$95
____________________________________________________________________
Foster Swift Collins & Smith PC
Contact Attorney: Scott Hogan
Attorney:
$150
$160
Paralegal:
$125
$135
$170
$145
Administrative
Associates
$75
$85
$95
____________________________________________________________________
Rhoades McKee PC
Contact Attorney: Terry Zabel
Attorney:
$190
$190
$190
Paralegal:
$75
$75
$75
Administrative
Associates
$50
$50
$50
FC02
DATE:
March 5, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Fiscal Committee
Scott Buhrer, Chief Financial Officer
FROM:
Mark A. De Clercq, P.E., City Engineer
SUBJECT:
Sanitary Sewer Stabilization at Various Locations-2013
On March 11, 2014, a resolution awarding a contract to Kamminga and Roodvoets, Inc, and
authorizing expenditures in connection with the above-captioned project will be presented to
the City Commission for consideration/approval. This project consists of stream bank
reinforcement at various locations to protect exposed sanitary sewer main along Plaster Creek
and along a tributary to Plaster Creek. Stabilization methods include placement of backfill,
flowable fill, rip-rap and sheet piling. Approval of the following substitution between Sewer
System Fund project accounts will provide a portion of the funding necessary for this project.
Sources/Appropriations
Project Description
Amount
(From)/To
4490510-9800-229999
Sanitary Sewer System Infrastructure
Investment Project
($161,085.00)
4490510-9800-221312
Var Loc Sanitary Sewer Stabilization
($161,085.00)
T:CD14\Budget\FC Sewer Stabilization
031114 #13021
SUMMARY OF ESTIMATED COSTS
For
Sanitary Sewer Stabilization
at Various Locations - 2013
Project Funding Source(s)
Currently
Approved
Sewer System Fund
Total Project Sources
$350,000
$350,000
Budget
Request(s)
$161,085
$161,085
Revised
Project
Estimate
$511,085
$511,085
Breakdown of Project Uses
Construction Contract
HRC’s previously authorized design and
bidding phase services
HRC’s construction phase services
Materials testing
Administration
$366,672
18,400
Sub-Total
$445,272
Contingencies (15%)
Total Project Uses
T:CD14\Budget\FC Sewer Stabilization
031114 #13021
33,700
2,500
24,000
65,813
$511,085
FC03
DATE:
March 11, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Fiscal Committee
Scott Buhrer, Chief Financial Officer
FROM:
Amie Merren, Purchasing Agent
SUBJECT:
Purchasing Bid List Resolution for March 11, 2014
The Bid List Resolution for March 11, 2014 (attached) includes the recommendation for
the award of eight (8) items for City Commission’s review and approval. Following is
information regarding the bid list recommendations:
Grand Arbor Group
1. PROCARE Tree Service (Tree Removal, Stump Grinding Svcs)
Various Prices
Lowest and best bids are recommended for a one-year term contract with two, oneyear renewal options for “as needed” complete tree removal and stump grinding
services for the Parks - Forestry Department from Grand Arbor Group (dba West
Michigan Tree Service) and PROCARE Tree Service for a total annual not-toexceed amount of $300,000.00 as follows:
Grand Arbor Group (dba West Michigan Tree Service) $250,000.00
PROCARE Tree Service (dba CHOP)
$ 50,000.00
Services scheduled under this contract will be funded through the Refuse Fund; as
other City departments are also able to utilize the contracts as needs arise, such
services will be funded out of various funds as applicable. Invitations to bid were
issued to 28 companies; 5 responses were received (bid tabulation attached). The
awards are based on the responses providing the lowest total costs that meet all
requirements and specifications of the City; a multiple award is recommended to
ensure adequate service coverage and service availability. As Grand Arbor Group
proposed slightly lower pricing for tree removal, they will be the initial contact for
those services; PROCARE proposed slightly lower pricing for stump grinding, and
will be the initial contact for those services. The lower bids by F&K Tree Service for
items 1 and 5; and by T&G Tree Service for items 6-10 do not represent the best
value for the City, as administrative costs of scheduling multiple service calls for only
a particular size tree or stump are outweighed by the overall cost savings provided
through a single service request for multiple size trees and stumps.
Services provided under these contracts are intended to supplement services
provided by City Forestry crews, and are intended for removal and stump grinding of
municipal trees in right-of-way-trees, parks, etc located throughout the City; ash
trees infected by the emerald ash borer constitute a large portion of required
services. Wood materials and chips generated during services are recycled (as
applicable) into various mulches/chips and fuel wood by both Contractors.
Contracts will be prepared for the Mayor’s signature in a form to be approved by the
City Attorney.
2. Agile Safety
(Gas Detector Sensors & Parts, Fixed Systems)
Various Prices
Lowest and best bid is recommended for a one-year term contract with two, oneyear renewal options for the “as needed” purchase of OEM gas detector sensors
and related parts for the Environmental Services Department from Agile Safety for
an annual amount of $40,000.00.
Purchases under this contract will be funded by the Environmental Services
Department through the Enterprise Fund. Invitations to bid were issued to 49
companies; 2 responses were received (bid tabulation attached). The award was
based on the low total bid that met all requirements and specifications of the City.
Lower bid by Airgas Great Lakes for Year 1 for Items 29, 30, 33, 36, 37, 38, 39, 49,
54, 55, and 57 do not represent the best value for the City, as administrative costs to
split orders and to re-bid for year two and three pricing are outweighed by the overall
cost savings provided. This contract is for the “as needed” purchase of fixed gas
detector sensors and parts to be used with existing equipment in the Environmental
Services Department.
A Contract will be prepared for the Mayor’s signature in a form to be approved by the
City Attorney.
EMS Grand Rapids
HECO Inc
3. Jones Electric Company
(Electric Motor Repair, Replacement)
Various Prices
All bids received are recommended for a one-year term contract with two, one-year
renewal options for “as needed” electric motor repair and replacement services for
Citywide use for a total annual not-to-exceed amount of $75,000.00, allocated as
follows:
EMS Grand Rapids
HECO Inc
Jones Electric Company
$25,000.00
$25,000.00
$25,000.00
Services and orders placed under the contracts will be funded by individual
departments through varying fund sources; historical usage has shown that the
majority of services will be funded through the Enterprise Fund (e.g. Lake Filtration
Plant, Coldbrook Pumping, Environmental Services). The total contract amount
requested is based on historical usage by City departments; individual contract
amounts will be adjusted based on actual usage throughout the life of the contracts.
Invitations to bid were issued to 21 companies; 3 responses were received (bid
tabulation attached). Awarding to multiple vendors will assist departments in
ordering and securing services from the vendors in the best interests of the City, as
all bids received met the requirements and specifications of the City.
Individual projects will be quoted among the awarded vendors to obtain the best
value for the City for individual “as needed” service and order requests based on the
rates proposed. Past service requests have included rewinding of motors, on-site
vibration testing, balancing, and other repair and rebuild services, as well as minor
orders for new, unused smaller horsepower motors.
A Contract will be prepared for the Mayor’s signature in a form to be approved by the
City Attorney.
4. DLT Solutions
(AutoCAD Licensing)
Various Prices
On March 3, 2011 Proceeding No. 80167, the City Commission approved a one-year
term contract with annual one-year renewal options for O.E.M. (Original Equipment
Manufacturer) authorized distributor licensing and support services for Citywide use
from DLT Solutions for an annual amount of $22,000.00.
At this time, it is recommended to continue with these services, and establish a new
one-year term contract with two, one-year renewal options for O.E.M. licensing and
support services for Citywide use from DLT Solutions for an annual not-to-exceed
amount of $28,000.00. AutoCAD has designated DLT Solutions as the O.E.M.
authorized reseller for local and state governments. As the various licenses and
subscriptions expire, renewals will be processed per the costs received from DLT
Solutions.
Orders placed under this contract will be funded by individual departments through
varying fund sources; the largest expenditures will be funded through the Internal
Services Fund (Engineering) and Enterprise Fund (Water, Environmental Services).
The annual amount requested is based on current licenses utilized throughout the
City. There is no bid tabulation for this item.
5. HydroDynamics
(Pump Repair)
Various Prices
It is recommended to award the inspection, repair and re-installation services of a
Worthington Pump for the Lake Michigan Filtration Plant to HydroDynamics for a
not-to-exceed amount of $21,000.00.
This is for the repair of one of the high lift pumps used to pump water from the Lake
Michigan Filtration Plant into Grand Rapids. Due to the pump failure, the department
contacted HydroDynamics to remove and diagnose the failed pump; as part of the
diagnosis services, a partial tear-down of the pump was required. At this time, it is
not cost effective to reassemble the pump and ship to another vendor in order to
provide similar tear-down and diagnose services in order to provide additional cost
quotes.
This project will be funded by Lake Michigan Filtration through the Enterprise Fund.
The department expects the proposed repairs to extend the life of the pump by an
additional 10 years; the cost to replace the pump with a new unit is estimated at
$150,000.00, including installation services. There is no bid tabulation for this item.
6. Vigh Landscape Management
(Snowplowing Services)
Contract Increase
On October 8, 2013 Proceeding No.82836, the City Commission approved a
one-year term contract with two, one-year renewal options for snowplowing services
for Parking Services, Impound, Engineering and Facilities Management from Vigh
Landscape Management LLC for an annual amount of $99,294.00.
At this time, the departments are requesting a one-time increase of $70,000.00 to
the contract, due to the unanticipated amount of snow that the City of Grand Rapids
has experienced so far this winter. The contract was based on a 72” average
snowfall. After the 72” average snowfall is reached, the vendor is paid 5% of the
base bid for each time they plow. The 72” average snowfall was reached on
January 26, 2014. The increase is also due to loading and hauling services to
remove an exorbitant amount of snow from parking areas. The requested one-time
increase will allow for payment of invoices received for services already completed,
as well as allow for snowplowing services for the remainder of this snow season.
These services will be funded through the Enterprise Fund, Special Revenue Fund,
Local Streets Fund, Major Streets Fund, and Internal Services Fund. There is no bid
tabulation for this item.
A contract amendment will be prepared for the Mayor’s signature in a form to be
approved by the City Attorney.
7. AmeriGlobe
(Flood Barrier, TrapBag)
Various Prices
On April 18, 2013 the City of Grand Rapids experienced significant flooding of the
Grand River that resulted in numerous emergency purchases of various equipment
and items to assist in combating the flood threat, including TrapBag flood barrier
materials purchased from AmeriGlobe for a total amount of $326,762.48.
As a precaution against similar flooding concerns and events this year, prior
authorization is requested for the “as needed” purchase of additional TrapBag flood
barrier materials that will allow for redeployment of the TrapBag flood barrier system
at the Wastewater Treatment Plant. If needed, it is estimated that an additional 3800
feet of the barrier material, 3 sections of frame and 3 days of technical services
would be required to re-establish the flood barrier.
At this time, Environmental Services is requesting the “as needed” approval to
purchase flood barrier materials from AmeriGlobe (dba TrapBag), the O.E.M.
(Original Equipment Manufacturer), for a “not-to-exceed” amount of $150,000.00 for
the materials and services referenced. Expedited shipping and delivery charges
would be charged at that time.
This purchase would be funded by the Environmental Services Department through
the Enterprise Fund. A quote was received from AmeriGlobe to establish costs in
the event materials and services are needed (bid tabulation attached). Any purchase
would be made on an “as needed” basis; if the barrier materials are not needed,
there would be no costs to the City.
8. Falcon Road Maint Equip
(Asphalt Recycling Hot Patcher)
$35,516.00
A cooperative purchase with the State of Michigan through the MiDEAL program is
recommended for the purchase of two (2) asphalt recycling hot patchers for the
Streets Department from Falcon Road Maintenance Equipment for a total amount of
$35,516.00.
This purchase will be funded by the Local and Major Streets Fund. The equipment
will be new to the fleet and operations, and will be utilized for asphalt maintenance
by the street repair crews. There is no bid tabulation for this item.
YOUR FISCAL COMMITTEE recommends adoption of the following resolution
authorizing the Purchasing Agent to proceed with awards to the following bidders.
CORRECT IN FORM
____________________________________
__________________________
DEPARTMENT OF LAW
____________________________________
___________________________________
FISCAL COMMITTEE
Com.________________________, supported by Com._______________________
moved adoption of the following resolution.
WHEREAS, the Fiscal Committee has considered the attached bids;
RESOLVED that the Purchasing Agent be authorized to proceed with awards to
the following bidders, that contracts be prepared between the City and the vendors noted
(*), and that the Mayor be authorized to sign the contracts on behalf of the City in a form
to be approved by the City Attorney.
1) *Grand Arbor Group
(Tree Removal, Stump Grinding Svcs)
Various Prices
*PROCARE Tree Service
2) *Agile Safety (Gas Detector Sensors & Parts, Fixed Systems) Various Prices
3) *EMS Grand Rapids
(Electric Motor Repair, Replacement)
Various Prices
*HECO Inc
*Jones Electric Company
4) DLT Solutions
(AutoCAD Licensing)
Various Prices
5) HydroDynamics
(Pump Repair)
Various Prices
6) *Vigh Landscape Management (Snowplowing Services)
Contract Increase
7) AmeriGlobe
(Flood Barrier, TrapBag)
Various Prices
8) Falcon Road Maint Equip
(Asphalt Recycling Hot Patcher)
$35,516.00
Page 1 of 2
BID TAB
BID REF #968-88-14
BID OPENING DATE: 01/31/2014
FOR: Tree Removal, Disposal, and Stump Grinding Svcs
# BIDDERS SOLICITED: 28
BUYER: TW
DEPT: Public Works - Forestry
Item 1
1 Inch/DBH
"As Needed" Tree
Removal Services,
4" - 10" DBH
$/inch
Item 2
1 Inch/DBH
"As Needed" Tree
Removal Services,
11" - 17" DBH
$/inch
Item 3
1 Inch/DBH
"As Needed" Tree
Removal Services,
18" - 24" DBH
$/inch
Item 4
1 Inch/DBH
"As Needed" Tree
Removal Services,
25" - 34" DBH
$/inch
Item 5
1 Inch/DBH
"As Needed" Tree
Removal Services,
35" + DBH
$/inch
$60.00
$75.00
$75.00
$80.00
$90.00
$65.00
$85.00
$85.00
$85.00
$95.00
$70.00
$95.00
$95.00
$90.00
$100.00
*$6.75
$13.00
$18.25
$24.00
*$29.50
*$6.75
$13.00
$18.25
$24.00
*$29.50
*$6.75
$13.00
$18.25
$24.00
*$29.50
$24.00
$30.00
$40.00
$50.00
$56.00
$26.00
$32.00
$42.00
$54.00
$58.00
$28.00
$34.00
$44.00
$56.00
$60.00
$10.71
$10.71
$10.71
$22.41
$42.85
$10.71
$10.71
$10.71
$22.41
$42.85
$11.21
$11.21
$11.21
$22.91
$43.35
$6.43
$9.91
$14.40
$19.81
$26.16
$6.69
$10.31
$14.99
$20.60
$27.21
$6.89
$10.62
$15.44
$21.22
$28.03
Year 1
Year 2
Year 3
T&G Tree Service
Frank Walton/dba F&K Tree Service
Treeworks Inc.
PROCARE Tree Service
Grand Arbor Group
*Not considered to be the best value for the City
Page 2 of 2
BID TAB
BID REF #968-88-14
BID OPENING DATE: 01/31/2014
FOR: Tree Removal, Disposal, and Stump Grinding Svcs
# BIDDERS SOLICITED: 28
BUYER: TW
DEPT: Public Works - Forestry
Item 6
1 Inch
"As Needed" Svcs,
Stump Grinding
4"-10" Diameter
$/inch
Item 7
1 Inch
"As Needed" Svcs,
Stump Grinding
11"-17" Diameter
$/inch
Item 8
1 Inch
"As Needed" Svcs,
Stump Grinding
18"-24" Diameter
$/inch
Item 9
1 Inch
"As Needed" Svcs,
Stump Grinding
25"-34" Diameter
$/inch
Item 10
1 Inch
"As Needed" Svcs,
Stump Grinding
35" + Diameter
$/inch
*$3.00
*$4.00
*$5.00
*$5.50
*$7.00
*$3.50
*$4.75
*$6.00
*$6.50
*$8.00
*$3.75
*$5.25
*$6.75
*$7.50
$9.00
$6.25
$7.00
$8.25
$9.25
$10.25
$6.25
$7.00
$8.25
$9.25
$10.25
$6.25
$7.00
$8.25
$9.25
$10.25
$10.00
$9.00
$8.00
$8.00
*$8.00
$10.00
$9.00
$8.00
$8.00
*$8.00
$10.00
$9.00
$8.00
$8.00
*$8.00
$4.95
$4.95
$4.95
$4.95
$4.95
$4.95
$4.95
$4.95
$4.95
$4.95
$5.45
$5.45
$5.45
$5.45
$5.45
$6.14
$6.14
$6.75
$7.43
$8.17
$6.39
$6.39
$7.02
$7.73
$8.50
$6.58
$6.58
$7.23
$7.96
$8.76
Year 1
Year 2
Year 3
T&G Tree Service
Frank Walton/dba F&K Tree Service
Treeworks Inc.
PROCARE Tree Service
Grand Arbor Group
*Not considered to be the best value for the City
Page 1 of 9
BID TAB
BID REF #345-16-35
BID OPENING DATE: December 6, 2013
FOR: Gas Detector Sensors & Parts
# BIDDERS SOLICITED: 49
BUYER: KC
DEPT: Environmental Services Department
Item 1
1 Each
Controller
#HA40PY-C
Item 2
1 Each
Controller
#HA40N4
Item 3
1 Each
4-Channel
AI Card
Item 5
1 Each
6 Optional
Relay Card
Item 6
1 Each
50W DC
Power Supply
$/Each
Item 4
1 Each
4-Channel
4-20Ma
Output Card
$/Each
$/Each
$/Each
Item 7
1 Each
XNX
Transmitter
XNX-UTAV
$/Each
$/Each
$/Each
$1,914.00
$1,208.00
$99.00
$199.00
$152.00
$320.00
$582.00
$2,015.00
$1,272.00
$104.00
$210.00
$160.00
$337.00
$614.00
$2,127.00
$1,342.00
$110.00
$221.00
$169.00
$356.00
$648.00
$2,082.60
No Bid
$106.67
$215.24
$163.81
$364.76
$633.33
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
Year 1
Year 2
Year 3
Agile Safety
Airgas Great Lakes
*Not considered to be the best value for the City.
Page 2 of 9
BID TAB
BID REF #345-16-35
BID OPENING DATE: December 6, 2013
FOR: Gas Detector Sensors & Parts
# BIDDERS SOLICITED: 49
BUYER: KC
DEPT: Environmental Services Department
Item 8
1 Each
XNX
Transmitter
w/LEL Sensor
$/Each
Item 9
1 Each
XNX
Transmitter w/
IR LEL Sensor
$/Each
Item 10
1 Each
MPD LEL
Sensor
Assembly
$/Each
Item 11
1 Each
MPD IR
LEL Sensor
Assembly
$/Each
Item 12
1 Each
MPD LEL
Sensor
Item 13
1 Each
MPD IR
LEL Sensor
$/Each
$/Each
$1,064.00
$1,283.00
$482.00
$700.00
$219.00
$350.00
$1,120.00
$1,350.00
$507.00
$737.00
$231.00
$369.00
$1,182.00
$1,425.00
$535.00
$778.00
$244.00
$389.00
$1,157.14
$1,395.24
$523.81
$761.90
$238.10
$380.95
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
Year 1
Year 2
Year 3
Agile Safety
Airgas Great Lakes
*Not considered to be the best value for the City.
Page 3 of 9
BID TAB
BID REF #345-16-35
BID OPENING DATE: December 6, 2013
FOR: Gas Detector Sensors & Parts
# BIDDERS SOLICITED: 49
BUYER: KC
DEPT: Environmental Services Department
Item 14
1 Each
Ferrite
Bead
Item 16
1 Each
Collecting
Cone w/
Remote
$/Each
Item 17
1 Each
Ceiling
Mount
Bracket
$/Each
Item 18
1 Each
Remote
Gassing
Kit
$/Each
Item 19
1 Each
Weatherproof
Cap
$/Each
Item 15
1 Each
3-Wire
Junction
Box
$/Each
$/Each
Item 20
1 Each
XNX
Transmitter
XNX-UTAE
$/Each
$5.00
$137.00
$62.00
$128.00
$119.00
$67.00
$854.00
$6.00
$144.00
$65.00
$135.00
$125.00
$70.00
$899.00
$6.00
$152.00
$69.00
$142.00
$132.00
$74.00
$949.00
No Bid
$147.60
$66.67
$138.10
$128.57
$71.43
$928.57
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
Year 1
Year 2
Year 3
Agile Safety
Airgas Great Lakes
*Not considered to be the best value for the City.
Page 4 of 9
BID TAB
BID REF #345-16-35
BID OPENING DATE: December 6, 2013
FOR: Gas Detector Sensors & Parts
# BIDDERS SOLICITED: 49
BUYER: KC
DEPT: Environmental Services Department
Item 21
1 Each
XNX Oxygen
Sensor
Assembly
$/Each
Item 22
1 Each
XNX Hydrogen
Sulfide Sensor
Assembly
$/Each
Item 23
1 Each
XNX Carbon
Monoxide Sensor
Assembly
$/Each
Item 24
1 Each
XNX Nitrogen
Dioxide
Sensor Asmbly
$/Each
Item 25
1 Each
Oxygen
Plug In
Cell
$/Each
Item 26
1 Each
Hydrogen
Sulfide Plug
In Cell
$/Each
$350.00
$350.00
$350.00
$438.00
$198.00
$198.00
$369.00
$369.00
$369.00
$461.00
$208.00
$208.00
$389.00
$389.00
$389.00
$486.00
$220.00
$220.00
$380.95
$380.95
$380.95
$476.19
$214.29
$214.29
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
Year 1
Year 2
Year 3
Agile Safety
Airgas Great Lakes
*Not considered to be the best value for the City.
Page 5 of 9
BID TAB
BID REF #345-16-35
BID OPENING DATE: December 6, 2013
FOR: Gas Detector Sensors & Parts
# BIDDERS SOLICITED: 49
BUYER: KC
DEPT: Environmental Services Department
Item 27
1 Each
Carbon
Monoxide
Plug In Cell
$/Each
Item 28
1 Each
Nitrogen
Dioxide
Plug In Cell
$/Each
Item 29
1 Each
Weather
Protection
Housing
$Each
Item 30
1 Each
XCD LEL
Transmitter
Kit
$/Each
Item 31
1 Each
XCD LEL
Transmitter
Kit w/Sensor
$/Each
Item 32
1 Each
XCD LEL
Sensor
$/Each
Item 33
1 Each
XCD
Toxic
Transmitter
$/Each
$198.00
$285.00
$43.00
$577.00
$988.00
$302.00
$313.00
$208.00
$300.00
$45.00
$613.00
$1,049.00
$318.00
$333.00
$220.00
$317.00
$48.00
$645.00
$1,104.00
$335.00
$350.00
$214.29
$309.52
*$42.86
*$540.89
No Bid
$327.62
*$294.05
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
Year 1
Year 2
Year 3
Agile Safety
Airgas Great Lakes
*Not considered to be the best value for the City.
Page 6 of 9
BID TAB
BID REF #345-16-35
BID OPENING DATE: December 6, 2013
FOR: Gas Detector Sensors & Parts
# BIDDERS SOLICITED: 49
BUYER: KC
DEPT: Environmental Services Department
Item 34
1 Each
XCD
Transmitter
w/H2S Sensor
$/Each
Item 35
1 Each
XCD
Transmitter
w/CO Sensor
$/Each
Item 36
1 Each
XCD
Transmitter
w/NO2 Sensor
$/Each
Item 37
1 Each
XCD Transmitter
w/ H2S Sensor
& J Box
$/Each
Item 38
1 Each
XCD Transmitter
w/ CO Sensor
& J Box
$/Each
Item 39
1 Each
XCD Transmitter
w/ NO2 Sensor
& J Box
$/Each
$768.00
$768.00
$768.00
$892.00
$892.00
$892.00
$817.00
$817.00
$817.00
$948.00
$948.00
$948.00
$860.00
$860.00
$860.00
$998.00
$998.00
$998.00
$887.62
$887.62
*$721.19
*$837.26
*$837.26
*$837.26
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
Year 1
Year 2
Year 3
Agile Safety
Airgas Great Lakes
*Not considered to be the best value for the City.
Page 7 of 9
BID TAB
BID REF #345-16-35
BID OPENING DATE: December 6, 2013
FOR: Gas Detector Sensors & Parts
# BIDDERS SOLICITED: 49
BUYER: KC
DEPT: Environmental Services Department
Item 40
1 Each
XCD
Hydrogen
Sulfide Assembly
$/Each
Item 41
1 Each
XCD Carbon
Monoxide
Assembly
$/Each
Item 42
1 Each
XCD Nitrogen
Dioxide
Assembly
$/Each
Item 43
1 Each
XCD Hydrogen
Sulfide
Sensor
$/Each
Item 44
1 Each
XCD Carbon
Monoxide
Sensor
$/Each
Item 45
1 Each
XCD Nitrogen
Dioxide
Sensor
$/Each
Item 46
1 Each
XCD
Weather
Housing
$/Each
$563.00
$563.00
$563.00
$398.00
$398.00
$398.00
$49.00
$593.00
$593.00
$593.00
$419.00
$419.00
$419.00
$52.00
$625.00
$625.00
$625.00
$442.00
$442.00
$442.00
$54.00
$573.21
$573.21
$573.21
$405.36
$405.36
$405.36
$55.24
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
Year 1
Year 2
Year 3
Agile Safety
Airgas Great Lakes
*Not considered to be the best value for the City.
Page 8 of 9
BID TAB
BID REF #345-16-35
BID OPENING DATE: December 6, 2013
FOR: Gas Detector Sensors & Parts
# BIDDERS SOLICITED: 49
BUYER: KC
DEPT: Environmental Services Department
Item 47
1 Each
XCD Toxic
Calibration
Kit
$/Each
Item 48
1 Each
XCD CAL
Flow
Housing
$/Each
Item 49
1 Each
XCD Transmitter
w/O2 Sensor
& Housing
$/Each
Item 50
1 Each
XCD Oxygen
Sensor
Assembly
$/Each
Item 51
1 Each
58L H2S
Balance N2
Calibration Gas
$/Each
Item 52
1 Each
103L Zero
Air
Calibration Gas
$/Each
$173.00
$66.00
$769.00
$277.00
$100.00
$76.00
$184.00
$70.00
$817.00
$291.00
$105.00
$80.00
$194.00
$74.00
$860.00
$307.00
$110.00
$84.00
$187.50
$70.54
*$721.19
$281.25
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
Year 1
Year 2
Year 3
Agile Safety
Airgas Great Lakes
*Not considered to be the best value for the City.
Page 9 of 9
BID TAB
BID REF #345-16-35
BID OPENING DATE: December 6, 2013
FOR: Gas Detector Sensors & Parts
# BIDDERS SOLICITED: 49
BUYER: KC
DEPT: Environmental Services Department
Item 53
1 Each
58L H2S
250 PPM
Calibration Gas
$/Each
Item 54
1 Each
H2S Gaspoint
Sensor
Assembly
$/Each
Item 55
1 Each
Oxygen
Gaspoint
Sens. Assembly
$/Each
Item 56
1 Each
Oxygen
Gaspoint
Sensor
$/Each
Item 57
1 Each
Combustible
Gaspoint
Sensor Assembly
$/Each
$100.00
$490.00
$560.00
$165.00
$490.00
$105.00
$516.00
$590.00
$174.00
$516.00
$110.00
$544.00
$622.00
$184.00
$544.00
No Bid
*$424.11
*$468.75
No Bid
*$401.79
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
Year 1
Year 2
Year 3
Agile Safety
Airgas Great Lakes
*Not considered to be the best value for the City.
BID TAB
BID REF #929-61-01
BID OPENING DATE: Februrary 18, 2014
FOR: "As Needed" Electric Motor Repair Svcs, Orders
# BIDDERS SOLICITED: 21
BUYER: TW
DEPT: Citywide
ITEM 1
Percent Discount
from List:
New, Unused
Motors
%
ITEM 2
1 Hour
All-Inclusive
Hourly Billable
Service Repair Rate
$/Hour
49%
$75.00
50%
$75.00
52%
$75.00
26.5%
$48.00
26.5%
$49.00
26.5%
$50.00
Cost + 10%
$60.00
Cost + 10%
$60.00
Cost + 10%
$60.00
Year 1
Year 2
Year 3
EMS Grand Rapids
HECO Inc
Jones Electric Company
Page 1 of 1
BID TAB
BID REF #578-37-02
BID OPENING DATE: 02/20/14
FOR: TrapBag Barrier
# BIDDERS SOLICITED: 1
BUYER: AM
DEPT: Environmental Protection
ITEM 1
TrapBag
4 ft
Barriers
ITEM 2
Frames
4 ft
ITEM 3
Technical
Services
$/Ft
$/ea
$/day
$29.50
$750.00
$1,800.00
Ameriglobe
Page 1 of 1
FC04
DATE:
March 11, 2014
TO:
Mayor George Heartwell & City Commissioners
COMMITTEE:
LIAISON:
Fiscal Committee
Scott Buhrer
FROM:
Sara Vander Werff, City Comptroller
SUBJECT:
COMPTROLLER’S REPORT
PERIOD OF February 19, 2014 through March 4, 2014
Cash payments released totaled $__19,066,263.20_including $__3,408,966.46_ for
Payroll and $__138,728.31_for Income Tax warrants for the above captioned period.
__2,045_ Income Tax Refunds and 1,323 _ Accounts Payable checks were issued
including those Accounts Payable checks over $20,000, detailed on the following
schedules for your reference.
VENDOR
CHECKS ISSUED TO VENDORS > $20,000
FOR THE PERIOD FEBRUARY 19, 2014 TO MARCH 4, 2014
AMOUNT
DESCRIPTION
DEPT
CHECK #
Police
1202299
United States Treasury
Treasurer
1202302
Grand Rapids Public Schools
153,755.95 Distribution of Property Taxes Posted - 1/16/2014-1/31/2014
Treasurer
1202303
County of Kent
360,648.91 Distribution of Current County Property Taxes Posted - 1/16/2014-1/31/2014
Treasurer
1202305
Kent Intermediate School
District
54,973.60 Distribution of Property Taxes Posted - 1/16/2014-1/31/2014
Treasurer
1202306
Grand Rapids Community
College
20,939.03 Distribution of Property Taxes Posted - 1/16/2014-1/31/2014
Treasurer
1202307
County of Kent
69,931.98 Distribution of State Education Property Taxes Posted - 1/16/2014-1/31/2014
61st DC
1202347
County of Kent
Human Res.
1202403
Aon Risk Services Central, Inc.
37,500.00 Employee Counseling - Installment 1 & 2
Engineering
1202436
Bazen Electric
43,165.00 Upgrade to the DDC Controls at the CARC
Info. Tech.
1202466
Data Strategy, LLC
32,504.24 VMWare Renewal - vSphere, View 5 Premier Bundle Starter Kit, & vCenter Serv 5 for vSphere
Fiscal Srvcs
1202526
Public Museum of West
Michigan
32,835.00 CARC Rent - January 2014
Parking/HR/Fiscal
1202589
Elwood Staffing
24,879.66 Temporary/Seasonal Staffing - January 2014
Various Dept.
1202596
Fifth Third Bank
46,742.17 Procurement Card Purchases - January 2014
Payroll
1202615
Vantagepoint Transfer 457
69,880.09 (City Employee ) 457 Plan Withholding ICMA PPE 02/15/2014
Payroll
1202639
State of Michigan
253,480.64 Withholding Tax - January 2014
Payroll
1202641
The Northern Trust Company
861,855.20 (City Employee/Employer) General, Police/Fire PPE 02/15/2014
Payroll
1202643
Vantagepoint Transfer 401
73,206.97 (City Employee ) 401 Plan Withholding ICMA PPE 02/15/2014
Payroll
1202644
MERS
52,736.20 MERS - EMPLOYER CONTRIB-HCSP-GENERAL - PPE 02/15/2014
Water
1202646
Michigan Gas Utilities Corp
34,052.55 Commercial Gas - January 2014
Comm. Dev.
1202650
Salvation Army
55,013.35 Housing Assessment Program - Financial Assistance Fund - Period Ending 9/30/13 & 12/31/13
City Hall/Lib/WWTP
1202651
Consumers Energy
57,080.65 Electricity - February 2014
22,010.00 Seized Drug Money - IRS Investigation
114,758.86 Operational Expenses for Kent County Courthouse - March 2014
VENDOR
CHECKS ISSUED TO VENDORS > $20,000
FOR THE PERIOD FEBRUARY 19, 2014 TO MARCH 4, 2014
AMOUNT
DESCRIPTION
DEPT
CHECK #
Comptroller
1202660
MERS
Water/EPSD
1202783
EMA Inc.
Comm. Dev.
1202797
Salvation Army
192,278.82 Short Term Rental Assistance 7/1/13-2/28/14, Housing Assessment Program & Financial Assistance
Fund
Water
1202798
Consumers Energy
112,143.64 Electricity - February 2014
Treasurer
1202800
County of Kent
908,270.43 Distribution of Current Property Taxes - 2/1/14-2/15/14
Treasurer
1202802
County of Kent
97,336.71 Distribution of State Education Property Taxes - 2/1/14-2/15/14
Treasurer
1202805
Interurban Transit Partnership
24,284.06 Distribution of Property Taxes - 2/1/14-2/15/14
Treasurer
1202806
Kent Intermediate School Distr.
77,551.24 Distribution of Property Taxes - 2/1/14-2/15/14
Treasurer
1202844
Grand Rapids Community
College
29,539.41 Distribution of Property Taxes - 2/1/14-2/15/14
Treasurer
1202846
Grand Rapids Public Schools
120,142.00 Distribution of Property Taxes - 2/1/14-2/15/14
DDA/Treasurer
1202852
Kent Intermediate School Distr.
918,826.87 FY12/FY13 DDA Tax Increment - Excess Capture
Econ Dev.
1202862
55 Ionia Partners LLC
90,138.00 Brownfield Revolving Loan Agreement- Morton House Redevelopment
Human Res.
1202917
Meritain Health
31,136.94 Administrative Fees - March 2014
Streets & Sanit.
1202934
Jackie Strong MJS Lawncare
24,278.19 Snow Removal Alleys 1/28/14, 2/2/14, 2/6/14
Streets & Sanit.
1202955
Cascade Engineering Inc.
21,757.28 Service Center Crew Refuse/Recycle Program - January 2014
Info. Tech.
1202963
Grand Rapids Community
Media
138,977.90 Public Access Cable Channel Operations- January - March 2014
Info. Tech.
1202969
CPR Computer Products &
Resources
141,606.14 On-Site Contracted Employees - Network & System Engineers - January 2014
DDA/Treasurer
1202989
Grand Rapids Public Schools
Streets & Sanit.
1202990
County of Kent
EPSD
1203150
Grand Valley Regional Biosolids
Human Resources
1203152
Cheniqua D Pinder
38,300.71 Redemption Order and Resignation of Employment
Engineering
1203160
Hoekstra Electrical Services
24,382.00 Electrical Upgrades to the Public Service Center and Various Locations
250,000.00 February 2014 - Defined Benefit Payment
55,585.69 Assessment & Preliminary Design - January 2014 & Asset Management for January 2014
1,173,216.39 FY2014 School Tax Increment - Excess Capture
39,863.25 Waste to Energy - 1/16/2014-1/31/2014
355,814.51 Partner Share of Revenue - February 2014
VENDOR
CHECKS ISSUED TO VENDORS > $20,000
FOR THE PERIOD FEBRUARY 19, 2014 TO MARCH 4, 2014
AMOUNT
DESCRIPTION
DEPT
CHECK #
Streets & Sanit.
1203218
County of Kent
Engineering
1203224
Black & Veatch LTD of MI
154,344.39 Construction - ESCSO #21& 22 & DWRF Plan Update
Streets & Sanit.
1203226
North American Salt Company
133,557.70 Bulk Safe-T-Salt
Engineering
1203237
Tetra Tech Inc
21,631.70 Construction - WWTP- North Secondary Treatment System
Water
1203237
Ancor Information Management
28,039.64 Mailing Services for January 2014
Comm. Dev.
1203253
LINC Community Revitization
47,352.19 Acquisition Costs - 511 Umatilla St SE
Comm. Dev.
1203254
Southtown Square LDHALP
73,653.20 Rehab Costs - 516 Gilbert
Fire Dept
1203277
Advanced Wireless Telecom
23,334.00 (6) Panasonic Tough Books
DID
1203301
Grand Rapids Downtown
Alliance
29,055.38 Marketing/Communication/Maintenance/Beautification - December 2014
Engineering
1203322
Erhardt Construction Company
Engineering
1203324
Kamminga & Roodvoets Inc
58,750.00 Construction of Pleasant Park at Southeast Corner of Pleasant St & Madison Ave
DGRI (DDA)
1203343
Interurban Transit Partnership
98,370.05 Design and Construction of Rail Station - Amtrak
Fiscal Srvcs
1203343
Monroe Place LLC
37,779.85 Property Management Fee - One North Division - March 2014
Streets & Sanit.
1203350
North American Salt Company
39,654.79 Bulk Safe-T-Salt
Engineering
1203355
Alternative Mechanical LLC
32,097.22 Drain Disconnection- East Leonard Heights and Maryland Estates
DGRI
1203365
Block by Block
23,567.85 Consulting - January 2014 - Safety Ambassador Program
Lib/Street Lighting
1203368
Consumers Energy
Treasurer
1203370
GSA Property Tax Consultants
26,694.16 Duplicate Summer & Winter 2013Taxes - Relax Properties LLC
Treasurer
1203371
GSA Property Tax Consultants
27,480.08 Duplicate Summer & Winter 2013Taxes - GR Equities LLC
Treasurer
1203372
CWD 50 Monroe LLC
90,288.38 Duplicate Summer & Winter 2013Taxes - 50 Monroe LLC
Treasurer
1203374
GSA Property Tax Consultants
36,201.01 Duplicate Summer & Winter 2013Taxes - Victor S Barnes & Co
33,259.95 Waste to Energy - 2/1/14-2/15/14
156,895.00 Concrete Restoration Phase 5 and Improvements to Filter Cells
149,676.09 Electricity - February 2014
CHECKS ISSUED TO VENDORS > $20,000
FOR THE PERIOD FEBRUARY 19, 2014 TO MARCH 4, 2014
AMOUNT
DESCRIPTION
DEPT
CHECK #
VENDOR
Engineering
1203432
Nagel Construction Inc
Engineering
1203437
Davis Construction Inc
Engineering
1203441
Diversco Construction Co
Water/Sewer
1203469
Consumers Energy
21,564.47 Electricity - February 2014
Police
1203474
County of Kent
46,734.64 Care of Prisoners Housed at the Kent County Jail and Processing Fees - January 2014
Fleet Mgmt.
1203528
Lemmen Oil Co
35,471.06 Fuel
Fiscal Services
1203537
Gabriel Roeder Smith & Co
33,050.00 OPEB and Pension valuation work for General and Police & Fire Systems
Traffic Safety
1203541
Utillity Supply & Construction Co
55,917.91 Power Line Luminaries, Powerline Supply 100W Fixture, Hydrolake SL pole
DGRI
1203589
Block by Block
23,567.85 Consulting - October 2013 - Safety Ambassador Program
Engineering
1203689
Fishbeck, Thompson, Carr &
Huber
33,121.77 Construction Engineering services - LMFP ph 5
Parking
1203709
Interurban Transit Partnership
136,258.56 Construction - ESCSO #21
28,150.13 Construction - East Paris Service Center
200,001.40 Construction - Plaster Creek - Sewer & Storm Drain
109,458.66 DASH Bus Services - January 2014
CHECKS TO BE ISSUED - In Accordance to Admin Policy 69-03 revised 9/2/97
WIRE TRANSFERS
FOR THE PERIOD FEBRUARY 19, 2014 TO MARCH 4, 2014
159,587.79 Employee FICA - PPE 2/15/2014
159,587.79 Employer FICA - PPE 2/15/2014
300,197.02 FIT
644,990.07 Meritain
668,727.33 Meritain
2,851,949.32 Bank of NY- Water Sewer monthly Debt Service
261,905.00 US Bank Debt Service - CIB series 2007
FC05
DATE:
March 4, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Fiscal Committee
Scott Buhrer, Chief Financial Officer
FROM:
Albert C. Mooney, City Treasurer
SUBJECT:
TREASURER'S REPORT FOR PERIOD OF FEBRUARY 18,
2014 THROUGH MARCH 4, 2014
The City Treasurer's Office invested monies in our short-term money market accounts,
local government investment pool, and trust funds during the above captioned period.
The investments continue to earn a better yield in these financial instruments for the
short term. The Treasurer’s Office will continue to implement the laddered investment
portfolio strategy as is prudent given liquidity and market conditions.
Please contact me at ext. 3285 with any questions on this Treasurer's report. Thank
you.
ACM/acm:FC TREASURER’S REPORT CITY COMMISSON 03-11-14.WRD
cc:
Fred Raabe, Deputy City Treasurer
John Globensky, Administrative Analyst
Levi Boldt, Investment Analyst
CD01
DATE:
March 5, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Community Development Committee
Eric DeLong, Deputy City Manager
FROM:
Fred Raabe, Deputy City Treasurer
SUBJECT:
RESOLUTION AUTHORIZING ASSESSOR TO SPREAD
NUISANCE CHARGES FOR CERTAIN OUTSTANDING
ACCOUNTS RECEIVABLES - ROLL #8702
Please find attached a resolution for City Commission approval directing the City
Assessor to begin preparation of an assessment roll for unpaid nuisance charges and
requiring that proper notice be given to the affected property owners. This roll is
primarily comprised of property maintenance services invoiced to properties during the
period from September 1, 2013 through January 31, 2014. Attached is a summary of
the charges included. Following is a summary of the charges. (The full assessment roll
is available for review at the City Assessor’s Office.)
Type
Blight
Demolition
Housing Violation
Refuse Violation
Rental Certification-Multi Unit
Rental Certification-One Unit
Rental Certification-Two Unit
Securing
Sidewalk Repair
Sidewalk Snow
Vehicle
Yard
Zoning
No. of Charges
281
4
325
8
82
328
284
186
94
4
44
661
1
Amount
63,472.15
16,995.25
86,167.55
785.00
25,146.45
74,891.86
68,044.50
24,522.10
35,570.99
630.00
4,751.60
118,708.99
20.40
2,302
$519,706.84
Total
Please contact me at ext. 3023 if you have any questions on this matter. Thank you.
FR:kg/CD – NUIS8702 – 03-11-14.WRD
cc:
Albert C. Mooney, City Treasurer
Trisha Splese, Accountant I
Scott Engerson, City Assessor
Cheryl Maier, Administrative Analyst
Virginia Million, Code Compliance Manager
Michelle Braate Slykhouse, Administrative Analyst
YOUR COMMUNITY DEVELOPMENT COMMITTEE recommends adoption of
the following resolution authorizing the City Assessor to spread Special Assessment
Roll #8702 for Nuisance charges.
____________________________________
CORRECT IN FORM
_____________________
DEPARTMENT OF LAW
____________________________________
____________________________________
COMMUNITY DEVELOPMENT COMMITTEE
Com. _____________________, supported by Com. ____________________,
moved adoption of the following resolution:
WHEREAS, pursuant to Title X, Section 24, of the Charter of the City of Grand Rapids,
it is the duty of every owner of land situated in the City of Grand Rapids to abate and
remove any nuisance thereon and comply with all orders and demands made by the
Director of Public Welfare for the sanitary and healthful management and use of said
lands and buildings and the appurtenances thereon situated, and
WHEREAS, pursuant to said charter provision and the pertinent provisions of the City
Code, the owners of certain real property located in the City of Grand Rapids have been
ordered to abate and remove any nuisances thereon, and
WHEREAS, the Code Compliance Manager, as the designated representatives of the
Director of Public Welfare, have heretofore given notice in the manner provided by
charter and ordinance to the owner/responsible person to abate said nuisance and
specifying the character of the work to be done, and
WHEREAS, the owner/responsible person of such property has in each instance failed
to abate said nuisance as required by said notice, and
WHEREAS, the Code Compliance Manager has caused the nuisance to be abated at
the expense of the City, and the City has a lien on such land for such amount, together
with the costs, penalties and interest thereon until paid, and
WHEREAS, the Code Compliance Manager has kept a duplicate of said notice and
endorsed thereon the date and manner of such service, and
WHEREAS, a certified account of the expense thereof to abate said nuisances has
been prepared by the Code Compliance Manager and filed with the City Treasurer, and
a copy of such certified account has been furnished to the owner of each property, if
known, and
WHEREAS, pursuant to attached Exhibit A, the City Treasurer, in accordance with Title
X, Section 25, of the City Charter has reported to the City Commission the accounts for
nuisances remaining unpaid from billings in the period from September 1, 2013 through
January 31, 2014.
RESOLVED that the City Assessor be and is hereby ordered and directed to prepare
and make assessment roll #8702, with each description of property constituting a
separate assessment district and the several assessment districts to be combined in
one assessment roll, and the amount of the unpaid account as herein stated, plus
applicable late charges and billing fees, is to be assessed against the respective
descriptions of property.
FURTHER RESOLVED that upon completion of the making of said assessment roll, the
City Assessor shall give such notice of the proceedings that shall be had with respect
thereto as is provided for assessment rolls for public and special improvements under
Chapter 10 of the Ordinance Code of the City of Grand Rapids, and the City Assessor
shall give notice of the session of the City Commission acting thereon and notice of the
opportunity to be heard to all persons liable to be assessed on Roll #8702.
Drafted by: Fred Raabe
Yeas
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
EXHIBIT A
Pursuant to Title X, Section 25, of the City Charter, I hereby submit my report to the City
Commission of certified accounts remaining unpaid for nuisances charges, which
certified accounts had previously been filed in this Office by the Code Compliance
Manager, the designated representative of the Director of Public Welfare pursuant to
Title X, Section 24, of the City Charter.
Date: ____________________
___________________________________
Fred Raabe, Deputy City Treasurer
CD02
DATE:
February 28, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Community Development Committee
Eric DeLong, Deputy City Manager
FROM:
Connie M. Bohatch
Managing Director of Community Services
SUBJECT:
Public Hearing for Programmatic Agreements with the
Michigan State Historic Preservation Officer
Attached is a resolution scheduling a public hearing on April 15, 2014 to provide citizens the
opportunity to comment on the effect of activities funded through certain federal programs on
the character of historic properties.
Programmatic Agreements. The City has two programmatic agreements with the Michigan
State Historic Preservation Officer (SHPO) to facilitate compliance with the City’s Section 106
responsibilities for various programs and activities funded by the U.S. Department of Housing
and Urban Development (HUD).
Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies to
consider the effects of their undertakings on historic properties. HUD has delegated
responsibility to local agencies to act on their behalf as the responsible federal agency in the
Section 106 process. The NHPA allows the execution of programmatic agreements to comply
with Section 106 requirements via an alternate process. The stipulations outlined in the City’s
agreements with the SHPO allow greater local control and significantly reduce the time
required for review of individual projects.
Public Comment Period and Public Hearing. A public notice will be published on March 21,
2014, and a public comment period will be held March 21, 2014 – April 21, 2014 for the
following:
Agreement Regarding Administration of Certain Housing and Community Development
Programs. This agreement covers non-lead hazard reduction activities implemented with
funds from the following programs: Community Development Block Grant (CDBG), HOME
Investment Partnerships (HOME), Emergency Solutions Grants (ESG), and Neighborhood
Stabilization Program (NSP).
Agreement Regarding the Administration of Lead Hazard Reduction Programs and Activities.
This agreement covers lead hazard reduction activities implemented with funds from the Lead
Hazard Control Program and the Lead Hazard Reduction Demonstration Program, and
emergency lead hazard reduction activities funded with CDBG and HOME funds.
Please forward this item for consideration at the March 11, 2014 City Commission meeting.
COMDEV-89-2202 (2/21/2014, cmb)
YOUR COMMUNITY DEVELOPMENT COMMITTEE recommends adoption of
the following resolution setting the date for a public hearing to obtain public comment on
the effect of activities funded through certain federal programs on the character of
historic properties.
_____________________________________
CORRECT IN FORM
__________________
DEPARTMENT OF LAW
_____________________________________
_____________________________________
COMMUNITY DEVELOPMENT COMMITTEE
Com. _____________________, supported by Com. _____________________,
moved adoption of the following resolution:
RESOLVED:
1. That a public hearing be held on Tuesday, April 15, 2014 at 7:00 p.m. in City
Commission Chambers, City Hall, 300 Monroe Avenue, NW to obtain public
comment on the effect of activities on the character of historic properties
implemented with funds from the U.S. Department of Housing and Urban
Development, including the Community Development Block Grant (CDBG),
HOME Investment Partnerships Program (HOME), Emergency Solutions
Grants (ESG), Neighborhood Stabilization Program (NSP), Lead Hazard
Control Program, and the Lead Hazard Reduction Demonstration Program;
and
2. That the Programmatic Agreements between the Michigan State Historic
Preservation Officer and the City of Grand Rapids be available for review in
the Community Development Department, City Hall, Suite 460, Grand Rapids,
Michigan, during normal business hours from 8:00 a.m. on March 21, 2014
through 5:00 p.m. on April 21, 2014 and at www.grcd.info; and
3. That the City Clerk is directed to publish notice of said public hearing.
This resolution was drafted by Chris Bennett, Contract Administrator
CD03
DATE:
February 28, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Community Development Committee
Eric DeLong, Deputy City Manager
FROM:
Connie M. Bohatch
Managing Director of Community Services
SUBJECT:
Public Hearing for the FY 2015 Consolidated Housing and
Community Development Annual Action Plan
Attached is a resolution scheduling a public hearing on Tuesday, April 15, 2014 to provide
citizens the opportunity to comment on funding recommendations for the City of Grand Rapids
Neighborhood Investment Plan and Emergency Solutions Grants program under the
Consolidated Housing and Community Development Annual Action Plan.
Consolidated Housing and Community Development Annual Action Plan. The U.S.
Department of Housing and Urban Development (HUD) requires submission of an Annual
Action Plan that serves as a planning document for the Community Development Block Grant
(CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grants (ESG)
programs. The FY 2015 Annual Plan covers the period from July 1, 2014 – June 30, 2015 and
represents the fourth year of the FY 2012-2016 Consolidated Housing and Community
Development (HCD) Plan.
Public Comment Period and Public Hearing. HUD requires a public comment period and
public hearing on the draft Housing and Community Development Annual Action Plan be held
prior to submission to HUD in May, 2014. A public notice will be published on March 21, 2014
and a public comment period will be held from March 21, 2014 – April 21, 2014 on the FY 2015
Annual Action Plan, including funding recommendations for the:
FFY 2014 Community Development Block Grant;
FFY 2014 HOME Investment Partnerships Program;
FFY 2014 Emergency Solutions Grants; and
FFY 2013 Justice Assistance Grant.
A City Commission discussion on funding recommendations will take place on April 22, 2014,
with final funding awards to be approved on May 13, 2014.
Please forward this item for consideration at the March 11, 2014 City Commission meeting.
cc: Erin Banchoff
COMDEV-89-2201 (rev. 2/21/14, CLB)
YOUR COMMUNITY DEVELOPMENT COMMITTEE recommends adoption of
the following resolution setting the date for a public hearing to obtain public comment on
the FY 2015 Housing and Community Development Annual Action Plan.
_____________________________________
CORRECT IN FORM
__________________
DEPARTMENT OF LAW
_____________________________________
_____________________________________
COMMUNITY DEVELOPMENT COMMITTEE
Com. _____________________, supported by Com. _____________________,
moved adoption of the following resolution:
RESOLVED:
1. That a public hearing be held on April 15, 2014 at 7:00 p.m. in City
Commission Chambers, City Hall, 300 Monroe Avenue, NW to obtain public
comment on the draft FY 2015 Housing and Community Development Annual
Action Plan, including funding recommendations for the FFY 2014 Community
Development Block Grant, FFY 2014 HOME Investment Partnerships, FFY
2014 Emergency Solutions Grants, and the FFY 2013 Justice Assistance
Grant programs; and
2. That the draft FY 2015 Annual Action Plan be available for review at the
Community Development Department, City Hall, 300 Monroe Avenue, NW,
Suite 460, Grand Rapids, Michigan, during normal business hours from 8:00
a.m. on March 21, 2014 through 5:00 p.m. on April 21, 2014 and
at www.grcd.info; and
3. That the City Clerk is directed to publish notice of said public hearing.
This resolution was drafted by Chris Bennett, Contract Administrator
CD04
DATE:
March 5, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Community Development
Eric R. Delong, Deputy City Manager
FROM:
Haris Alibašić, Office of Energy and Sustainability Manager
Kara L. Wood, Economic Development Director
SUBJECT:
Resolution Scheduling a Public Hearing to Consider the
Designation of the Eastown Flats Neighborhood Enterprise
Zone (NEZ)
The attached resolution sets the date of March 25, 2014 at 7:00 p.m. as the time when the
City Commission will hold a public hearing to consider the designation of the Eastown Flats
as a Neighborhood Enterprise Zone. The Eastown Community Association, together with
1400 Wealthy, LLC and 1415 Wealthy, LLC (collectively the “Developer”) have submitted an
NEZ Designation Request that an NEZ be created in the portion of the Eastown
neighborhood located at 1400 and 1415 Wealthy Street SE (the “Property”) and as identified
in the attached map. The proposed NEZ area has been identified by the Eastown
Neighborhood Association and the Developer as an area in need of revitalization and
improvements. The Developer proposes a three-story, 20,000 square foot building at the
1400 Wealthy Street property, which will contain 19 market-rate residential rental apartments
and approximately 900 square feet of commercial retail space on the ground floor. On the
1415 Wealthy Street property, the Developer proposes a four-story, 18,000 square foot
building with 16 market-rate residential rental units and approximately 1,300 square feet of
commercial retail space on the ground floor.
The Developer has applied for and received approval from the Planning Commission and City
Commission to rezone the property as Special District – Transit Oriented Development (SDTOD), and in addition has received approval of their application for Special Land Use to allow
residential on the ground floor of the proposed buildings.
This proposed designation of as a NEZ would be consistent with current development efforts.
This development project can serve as a catalyst for potential further development in this
important central neighborhood. Total capital investment in the project is estimated to be
approximately $5.2 million with hard construction costs of approximately $4.1 million.
The hearing to be held is in accordance with P.A. 147 of 1992, as amended, that requires
that the City Commission holds a public hearing not later than 45 days after notice is provided
to the City Assessor and each taxing unit that levies property taxes in the proposed NEZ.
The proposed NEZ satisfies the criteria for the NEZ designation as outlined within City
Commission Policy No. 900-45 on NEZs. The goals of an NEZ designation are to: revitalize
existing neighborhoods and promote the creation of new residential areas; promote new
construction and the rehabilitation of housing; encourage investments, advance City
strategies for homeownership, economic development, mixed income development,
sustainability, infill, and elimination of blight. The proposed Eastown Flats NEZ is consistent
with the Master Plan and City neighborhood preservation and economic development goals.
The Master Plan land use vision and the Zoning Ordinance all identify the proposed NEZ
area for mixed commercial and residential use.
As part of the NEZ designation process, the City Commission will need to adopt a resolution
establishing the Eastown Flats as a qualified downtown revitalization district for the purposes
of P.A. 147 of 1992, as amended, Chapter 69 of Title V of the Code of the City of Grand
Rapids, and City Commission Policy 900-45.
As per P.A. 147 of 1992, as amended, the "Qualified downtown revitalization district" means
an area located within 1 or more of the following:
• The boundaries of a downtown district.
• The boundaries of a principal shopping district or a business improvement district
• The boundaries of the local governmental unit in an area that is zoned and primarily
used for business as determined by the local governmental unit.
The proposed NEZ is located within the Uptown Corridor Improvement District Authority and
they will consider this request at their March 5th meeting. Members of the Economic
Development Project Team discussed and were supportive of the proposed project and NEZ
designation request. The Eastown Business Association also supports the NEZ designation
request for the area.
Please submit this item for consideration by the City Commission at their next scheduled
meeting.
HA
Attachments
YOUR COMMUNITY DEVELOPMENT COMMITTEE recommends adoption of the
following resolution scheduling a public hearing on the designation of the Eastown Flats
Neighborhood Enterprise Zone (NEZ), in accordance with P.A. 147 of 1992, as amended.
____________________________________
CORRECT IN FORM
_____________________
DEPARTMENT OF LAW
____________________________________
_____________________________________
COMMUNITY DEVELOPMENT COMMITTEE
Com. __________________, supported by Com. ___________________, moved
adoption of the following resolution:
RESOLVED:
1.
That a public hearing shall be held on March 25, 2014 at 7:00 PM, City Hall, City
Commission Chambers, 9th Floor, 300 Monroe Ave NW, Grand Rapids, MI
49503, to consider the designation of the Eastown Flats Neighborhood Enterprise
Zone as a Neighborhood Enterprise Zone, as highlighted in the attached map and
the land situated in the County of Kent, City of Grand Rapids, State of Michigan
and legally described as follows:
1400 Wealthy Street SE: Lot 2, of Teachout, Marvin and Fogg Subdivision,
according to the plat thereof as recorded in Liber 14 of Plats, page 11, Kent
County Records. Also, Lots 5 and 6, of J.A. Giddings Logan Street Addition,
according to the plat thereof as recorded in Liber 14 of Plats, page 5, Kent County
Records.
1415 Wealthy Street SE: Lot 8, except the East 15 feet thereof, and Lot 9, of J.A.
Giddings Addition, according to the plat thereof as recorded in Liber 10 of Plats,
Page 22, Kent County Records, and Lot 13, of L.K. Bishop Addition, according to
the plat thereof as recorded in Liber 13 of Plats, Page 2, Kent County Records.
2.
That the City Clerk shall give written notice to the City Assessor and to the
governing body of each taxing unit that levies ad valorem property taxes in the
proposed Neighborhood Enterprise Zone and shall publish a notice of the public
hearing in the press.
Drafted by Haris Alibašić
------- - Proposed Eastown Flats NEZ District Boundary shown above in red
CD05
DATE:
March 5, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Community Development Committee
Eric R. DeLong, Deputy City Manager
FROM:
Kara L. Wood, Economic Development Director
SUBJECT:
Resolution Approving and Authorizing Execution of an
Assignment of Tax Increment Financing Related to the City of
Grand Rapids Brownfield Redevelopment Authority’s Mid
Towne Village, LLC Project
Attached is a resolution consenting to the assignment of tax increment financing related
to a 2013 Development and Reimbursement Agreement (the “2013 Agreement)
between the Grand Rapids Brownfield Redevelopment Authority (GRBRA) and Mid
Towne Village, LLC (“Mid Towne”) which amended, in part, a 2004 Development and
Reimbursement Agreement (the “2004 Agreement”) between the City of Grand Rapids,
the GRBRA and Mid Towne.
In 2004, the GRBRA and the City Commission approved a project under Act 381 of
1996 for Mid Towne and entered into a Development and Reimbursement Agreement to
define the obligations of Mid Towne and the method by which tax increment would be
captured and reimbursed to the Developer.
In 2013, Mid Towne proposed a second phase to the project which included additional
eligible costs which are to be reimbursed to Mid Towne pursuant to the 2013 Agreement
between the GRBRA and Mid Towne. The 2013 Agreement, beginning on July 1, 2015,
amends the 2004 Agreement by removing the portion of the property on which the
second phase of the project is to be completed from the “Eligible Property” as defined in
the 2004 Agreement.
In all other respects, the 2004 Agreement remains in full force and effect. Because the
City is not a party to the 2013 Agreement, but the 2013 Agreement amends the 2004
Agreement, Mid Towne has requested the City’s consent to the requested assignment
of the tax increment related to the 2013 Agreement in connection with private financing
of the second phase of the Mid Towne Village development.
KLW/jk
cc: Eric R. DeLong
YOUR COMMUNITY DEVELOPMENT COMMITTEE recommends adoption of the
following resolution approving and authorizing the execution of an Assignment of Tax
Increment Financing related to the City of Grand Rapids Brownfield Redevelopment
Authority Mid Towne Village, L.L.C. Phase II Project.
____________________________________
CORRECT IN FORM
_____________________
DEPARTMENT OF LAW
____________________________________
____________________________________
COMMUNITY DEVELOPMENT COMMITTEE
Com. _____________________, supported by Com. _____________________,
moved to adopt the following resolution:
RESOLVED,
1.
That the Assignment of Tax Increment (the “Assignment”) related to the
City of Grand Rapids Brownfield Redevelopment Authority Mid Towne Village, L.L.C.
Phase II Project is approved and the Mayor and Acting City Clerk are authorized and
directed to execute the Assignment for and on behalf of the City in a form approved by
the City Attorney or special counsel; and
2.
That all resolutions or parts of resolutions in conflict herewith shall be and
the same are rescinded.
Prepared by Richard A. Wendt, Esq.
Yeas
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
CD06
DATE:
March 5, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Community Development Committee
Eric R. DeLong, Deputy City Manager
FROM:
Kara L. Wood, Economic Development Director
SUBJECT:
Resolution Scheduling a Public Hearing to Consider a
Brownfield Plan Amendment for the JB Attorney Holdings
Clancy 2, LLC Redevelopment Project
Attached is a resolution setting the date of March 25, 2014 at 7:00 p.m. as the time
when the City Commission will hold a public hearing to consider a project under Act 381
of 1996 located at 601, 607, 613, 615, 619, 623, 627, 629, 633, 635, 637, 641, and 643
Clancy Avenue NE and 216 Fairbanks Street NE (the “Property”). The properties qualify
as “facilities” as defined by Part 201 of the State of Michigan Natural Resources and
Environmental Protection Act, Act 451 of 1994, due to the presence of several
constituents in excess of generic residential cleanup criteria detected in the soil and
groundwater, or as adjacent and contiguous to facilities.
The project proposed by JB Attorney Holdings Clancy 2, LLC (the “Developer”) includes
the demolition of the existing structures and site improvements, remediation of the site,
and the construction of four new multi-story residential buildings which will result in
approximately 70,000 square feet of new, market-rate rental apartment space near
downtown. The project as proposed will have 66 units consisting of one, two and three
bedroom apartments.
Total investment in the project is estimated to be $8 million. Three new jobs are
anticipated in connection with the project with wages ranging from $15 to $30/hr without
benefits. In addition to the employment related income tax, it is anticipated that new
residents to Grand Rapids living in the redevelopment could pay an additional $18,437
in city income tax.
The Developer is seeking tax increment financing from local taxes, school operating
taxes and state education tax millages for brownfield eligible activities at the site
including environmental site assessment, environmental response activities, demolition,
asbestos abatement, site preparation, public infrastructure improvements, underground
parking, urban stormwater management, and preparation of a Brownfield Plan
Amendment and Act 381 Work Plan totaling up to $1,842,723. Construction is expected
to begin in mid-2014 and be completed by late 2015. Reimbursement of eligible costs
is estimated to take 14 years, following project completion.
There are no known environmental enforcement issues at the property and taxes are
current. The Planning Commission has reviewed the Developer’s plans and has
recommended the rezoning of the Property to a Planned Redevelopment District which
will help to facilitate the project. The City Commission approved the rezoning at its
meeting on February 25, 2014. The Economic Development Project Team will review
the project at its meeting on March 11.
PROJECT PROJECTIONS
Total Amount
Investment – Real Property
Investment – Personal Property
Retained Jobs
New Jobs
Average Hourly Wage
Total New Taxes Generated (1 year)
Taxes Paid (1 year)
New City Income Taxes*
KLW/jk
Attachments
cc: Eric R. DeLong
$8,000,000
$0
0
3
$20.00
$151,097
$151,097
City of Grand Rapids
Portion
$29,742
$29,742
$19,373
YOUR COMMUNITY DEVELOPMENT COMMITTEE recommends adoption of the
following resolution scheduling a public hearing on an amendment to the Brownfield Plan
of the City of Grand Rapids Brownfield Redevelopment Authority related to the JB Attorney
Holdings Clancy 2, LLC Redevelopment Project.
____________________________________
CORRECT IN FORM
_____________________
DEPARTMENT OF LAW
____________________________________
____________________________________
COMMUNITY DEVELOPMENT COMMITTEE
Com. _____________________, supported by Com. _____________________,
moved to adopt the following resolution:
WHEREAS, the City Commission previously approved the Brownfield Plan (the
"Plan") of the City of Grand Rapids Brownfield Redevelopment Authority (the
"Authority") on December 22, 1998, pursuant to the Brownfield Redevelopment
Financing Act, Act 381 of the Public Acts of Michigan of 1996, as amended, MCL
125.2651 et seq.; and
WHEREAS, the Authority has pursuant to Act 381 approved and recommended
an amendment of the Plan for the JB Attorney Holdings Clancy 2, LLC Redevelopment
project (the “Project”), identified therein (the " Amendment"); and
WHEREAS, before considering approval of the Amendment the City Commission
must hold a public hearing in accordance with Act 381; therefore
RESOLVED:
1.
That a public hearing be held to consider the Amendment to the Plan of
the Authority; and
2.
That the public hearing be held on Tuesday, March 25, 2013, at 7:00 p.m.,
in the City Commission Chambers on the 9th Floor of the City Hall, 300 Monroe Avenue,
N.W., in the City; and
3.
That the City Clerk give or cause to be given public notice of the hearing in
accordance with Act 381; and
4.
That, in accordance with the provisions of Act 381, the City Clerk give or
cause to be given notice of the public hearing to each of the taxing jurisdictions that levy
taxes on property included in the Project subject to capture under Act 381; and
5.
That a copy of the Amendment be held in the Economic Development
Office of the City located on the 9th Floor of City Hall, 300 Monroe Avenue, N.W., in the
City for public examination and inspection; and
6.
That all resolutions or parts of resolutions in conflict herewith shall be and
the same are hereby rescinded.
Prepared by Richard A. Wendt
Yeas
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
A PUBLIC HEARING ON AN AMENDMENT TO THE BROWNFIELD
PLAN OF THE CITY OF GRAND RAPIDS BROWNFIELD
REDEVELOPMENT AUTHORITY FOR THE JB ATTORNEY HOLDINGS
CLANCY 2, LLC REDEVELOPMENT PROJECT
A public hearing will be held before the Grand Rapids City Commission in the
City Commission Chambers, 9th Floor, City Hall at 300 Monroe Avenue, N.W., in the
City of Grand Rapids on Tuesday, March 25, 2014, at 7:00 p.m., in accordance with the
Brownfield Redevelopment Financing Act, Act 381 of the Public Acts of Michigan of
1996, as amended, MCL 125.2651 et seq. ("Act 381").
The hearing is to consider whether an amendment to the Brownfield Plan of the
City of Grand Rapids Brownfield Redevelopment Authority (the "Authority") related to
the JB Attorney Holdings Clancy 2, LLC Redevelopment Project (the "Project"), as
described therein and recommended to the City Commission (the "Amendment"), (a)
meets the requirements of Act 381, (b) proposes a method of financing the costs of
eligible activities which is able to be arranged and is feasible, (c) proposes eligible
activities that are reasonable and necessary to carry out the purposes of Act 381, and
(d) sets forth a reasonable estimate of captured taxable value to result from adoption of
the Amendment.
The Amendment applies to property located at 601, 607, 613, 615, 619, 623,
627, 629, 633, 635, 637, 641 and 643 Clancy Avenue, N.E. and 216 Fairbanks Street,
N.E. in the City of Grand Rapids, Michigan.
The Project described in the Amendment includes the demolition of 14 existing
structures and construction of four new three-story residential buildings containing
approximately 66 market-rate residential rental units including approximately 69 parking
spaces.
All information related to the Project and the Amendment, including maps and a
description of the Project and the Amendment is available for public inspection at the
City's Economic Development Office, 9th Floor, City Hall, 300 Monroe Avenue, N.W.,
Grand Rapids, Michigan, between the hours of 8:00 a.m. and 5:00 p.m. weekdays. Any
aspect of the Project and the Amendment may be discussed at the public hearing and
all interested persons will be given an opportunity to be heard.
If you would prefer to send written comments for consideration, please forward
them prior to the public hearing to the City's Economic Development Office, Attention:
Kara Wood, Economic Development Director, at the above address. Or, if you have
questions, you may call 456-3196. We'll be pleased to answer them.
Darlene O’Neal
Acting City Clerk
CD07
DATE:
March 5, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Community Development Committee
Eric R. DeLong, Deputy City Manager
FROM:
Kara L. Wood, Economic Development Director
SUBJECT:
Resolution Scheduling a Public Hearing to Consider a
Brownfield Plan Amendment for the 1400 and 1415 Wealthy
Street Redevelopment Project
Attached is a resolution setting the date of March 25, 2014 at 7:00 p.m. as the time
when the City Commission will hold a public hearing to consider a project under Act 381
of 1996, located at 1400 and 1415 Wealthy Street SE (the “Property”). The 1400 Wealthy
property qualifies as “functionally obsolete” as determined by a Level IV Assessor, and the
1415 Wealthy Street property qualifies as being adjacent to the 1400 Wealthy property.
1400 Wealthy, LLC and 1415 Wealthy, LLC (collectively the “Developer”) are proposing
to demolish the existing functionally obsolete structure and site improvements to
prepare the Property for construction of two new mixed-use buildings. The Developer
proposes a three-story, 20,000 square foot building at the 1400 Wealthy Street property,
which will contain 19 market-rate residential rental apartments and approximately 900
square feet of commercial retail space on the ground floor. On the 1415 Wealthy Street
property, the Developer proposes a four-story, 18,000 square foot building with 16
market-rate residential rental units and approximately 1,300 square feet of commercial
retail space on the ground floor.
The Developer has applied for and received approval from the Planning Commission
and City Commission to rezone the property as Special District – Transit Oriented
Development (SD-TOD), and in addition has received approval of their application for
Special Land Use to allow residential on the ground floor of the proposed buildings.
Total capital investment in the project is estimated to be approximately $5.2 million with
hard construction costs of approximately $4.1 million. Although no tenants have been
secured for the commercial space, the Developer estimates that 10 new part-time jobs
could be created with an average wage of approximately $10/hour which would
generate $1,040 in new income tax. In addition to the employment income tax, staff
estimates that the residents of the apartment units could pay $7,385 of income tax that
would be new to the City.
The Developer is seeking tax increment financing from local taxes, school operating
taxes and state education tax millages for brownfield eligible activities at the site
including demolition, site preparation, public infrastructure improvements and
preparation of the Brownfield Plan Amendment and an Act 381 Work Plan totaling up to
$191,700. Based on projections, the reimbursement will take approximately eight years
following project completion, after which the Brownfield Redevelopment Authority will
capture tax increment revenues for five years to fund the Local Site Remediation
Revolving Fund.
The Developer, in collaboration with the Eastown Community Association, has
requested a Neighborhood Enterprise Zone (NEZ) for the Property. The NEZ
designation would qualify the residential portion of the project for an approximately 50%
reduction in the tax millage rate.
As the project lies within the boundaries of the Uptown Corridor Improvement
Authority’s development district, the project will be presented to that board for its
consideration at their meeting on March 5, 2014, prior to consideration by the
Brownfield Redevelopment Authority and City Commission. The project was reviewed
by the Economic Development Project Team at its meeting on February 11.
There are no outstanding environmental violations at the property and the Developer is
current on its tax obligations to the City. The project is in accordance with the City’s
Master Plan and is permitted as proposed, pursuant to approvals granted by the
Planning Commission.
PROJECT PROJECTIONS
Total Amount
Investment – Real Property
Investment – Personal Property
Retained Jobs
New Jobs
Average Hourly Wage
Total New Taxes Generated (1 year)
New Taxes Abated (1 year)
New Taxes Paid (1 year)
New City Income Taxes
KLW/jk
Attachments
cc: Eric R. DeLong
$4,173,818
$0
0
5 (FTE)
$10.00
$72,948
$35,040
$37,908
City of Grand Rapids
Portion
$13,343
$6,410
$6,933
$8,425
YOUR COMMUNITY DEVELOPMENT COMMITTEE recommends adoption of the
following resolution scheduling a public hearing on an amendment to the Brownfield Plan
of the City of Grand Rapids Brownfield Redevelopment Authority related to 1400 and 1415
Wealthy Street Redevelopment Project.
____________________________________
CORRECT IN FORM
_____________________
DEPARTMENT OF LAW
____________________________________
____________________________________
COMMUNITY DEVELOPMENT COMMITTEE
Com. _____________________, supported by Com. _____________________,
moved to adopt the following resolution:
WHEREAS, the City Commission previously approved the Brownfield Plan (the
"Plan") of the City of Grand Rapids Brownfield Redevelopment Authority (the
"Authority") on December 22, 1998, pursuant to the Brownfield Redevelopment
Financing Act, Act 381 of the Public Acts of Michigan of 1996, as amended, MCL
125.2651 et seq.; and
WHEREAS, the Authority has pursuant to Act 381 approved and recommended
an amendment of the Plan for the 1400 and 1415 Wealthy Street Redevelopment project
(the “Project”), identified therein (the " Amendment"); and
WHEREAS, before considering approval of the Amendment the City Commission
must hold a public hearing in accordance with Act 381; therefore
RESOLVED:
1.
That a public hearing be held to consider the Amendment to the Plan of
the Authority; and
2.
That the public hearing be held on Tuesday, March 25, 2013, at 7:00 p.m.,
in the City Commission Chambers on the 9th Floor of the City Hall, 300 Monroe Avenue,
N.W., in the City; and
3.
That the City Clerk give or cause to be given public notice of the hearing in
accordance with Act 381; and
4.
That, in accordance with the provisions of Act 381, the City Clerk give or
cause to be given notice of the public hearing to each of the taxing jurisdictions that levy
taxes on property included in the Project subject to capture under Act 381; and
5.
That a copy of the Amendment be held in the Economic Development
Office of the City located on the 9th Floor of City Hall, 300 Monroe Avenue, N.W., in the
City for public examination and inspection; and
6.
That all resolutions or parts of resolutions in conflict herewith shall be and
the same are hereby rescinded.
Prepared by Richard A. Wendt
Yeas
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
A PUBLIC HEARING ON AN AMENDMENT TO THE BROWNFIELD
PLAN OF THE CITY OF GRAND RAPIDS BROWNFIELD
REDEVELOPMENT AUTHORITY FOR THE 1400 & 1415 WEALTHY
STREET REDEVELOPMENT PROJECT
A public hearing will be held before the Grand Rapids City Commission in the
City Commission Chambers, 9th Floor, City Hall at 300 Monroe Avenue, N.W., in the
City of Grand Rapids on Tuesday, March 25, 2014, at 7:00 p.m., in accordance with the
Brownfield Redevelopment Financing Act, Act 381 of the Public Acts of Michigan of
1996, as amended, MCL 125.2651 et seq. ("Act 381").
The hearing is to consider whether a revised amendment to the Brownfield Plan
of the City of Grand Rapids Brownfield Redevelopment Authority (the "Authority")
related to the 1400 & 1415 Wealthy Street Redevelopment Project (the "Project"), as
described therein and recommended to the City Commission (the "Amendment"), (a)
meets the requirements of Act 381, (b) proposes a method of financing the costs of
eligible activities which is able to be arranged and is feasible, (c) proposes eligible
activities that are reasonable and necessary to carry out the purposes of Act 381, and
(d) sets forth a reasonable estimate of captured taxable value to result from adoption of
the Amendment.
The Amendment applies to property located at 1400 and 1415 Wealthy Street,
S.E. in the City of Grand Rapids, Michigan.
The Project described in the Amendment includes two mixed use residential and
commercial buildings containing approximately 35 market-rate residential rental units
and approximately 2200 square feet of ground floor commercial space.
All information related to the Project and the Amendment, including maps and a
description of the Project and the Amendment is available for public inspection at the
City's Economic Development Office, 9th Floor, City Hall, 300 Monroe Avenue, N.W.,
Grand Rapids, Michigan, between the hours of 8:00 a.m. and 5:00 p.m. weekdays. Any
aspect of the Project and the Amendment may be discussed at the public hearing and
all interested persons will be given an opportunity to be heard.
If you would prefer to send written comments for consideration, please forward
them prior to the public hearing to the City's Economic Development Office, Attention:
Kara Wood, Economic Development Director, at the above address. Or, if you have
questions, you may call 456-3196. We'll be pleased to answer them.
Darlene O’Neal
Acting City Clerk
CD08
DATE:
March 5, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Community Development Committee
Eric DeLong, Deputy City Manager
FROM:
Mark A. De Clercq, P.E., City Engineer
SUBJECT:
Additions to and Decertifications from the City's Local Street
System (2013 Act 51 Street System Report)
It is necessary for the City to formally certify and decertify the linear footage of streets to be
added and deleted from the active streets system for Public Act 51 purposes. The additions will
recognize the alley connections which were constructed as part of Eastside Sewer
Improvements Program Separation Project – Contracts No. 20 and 23B. The decertifications
will recognize vacation of public right-of-way and the Grand Rapids Community College
Encroachment Agreement in Bostwick Avenue, which only allows non-motorized traffic.
The following streets are to be certified for addition to the City’s Act 51 Report for 2013:

Fountain Street Alley from the centerline of Batavia Place to the centerline of VanDine
Place (add 198 feet).

Fairmount Street Alley from the centerline of Donald Place to the centerline of Freyling
Place (add 323 feet).
The following streets are to be decertified for subtraction from the City’s Act 51 Report for
2013:

Lexington Avenue from the centerline of First Street to the centerline of Second Street
(subtract 366 feet).

Union Avenue from the centerline of Cottage Grove Street to the south line of CSX
Railroad right-of-way (subtract 279 feet).

Bostwick Avenue from the centerline of Fountain Street to the centerline of Lyon Street
(subtract 688 feet)
The attached resolution further provides for the dedication of Fountain Street Alley as public
right-of-way.
RDV/CEB/wfa
Attachment
cc:
James Hurt
Robert Swain
T:\CD14\Rightway\CD Act 51 Cert & Decert 2013
031114
YOUR COMMUNITY DEVELOPMENT COMMITTEE recommends adoption of the
following resolution certifying and decertifying streets and dedicating public right-of-way for the
2013 Act 51 Street System Report.
____________________________________
CORRECT IN FORM
_____________________
DEPARTMENT OF LAW
____________________________________
_____________________________________
COMMUNITY DEVELOPMENT COMMITTEE
Com. _____________________, supported by Com. _____________________, moved
adoption of the following resolution:
WHEREAS, it is necessary to furnish certain information to the State of Michigan to
place streets within the City of Grand Rapids Street System, and to decertify portions of streets
that have been vacated or closed to traffic, all for the purpose of obtaining funds under Act 51,
P.A. 1951 as amended; and
WHEREAS, on August 28, 2012 (Proceeding No. 81750) the City approved the use of
eminent domain proceedings to acquire property for Fountain Street Alley public right-of-way;
and on March 8, 2013 the Circuit Court for the County of Kent approved an Order Vesting Title
and Possession to the City that is recorded in Instrument No. 20130322-029772, Kent County
Register of Deeds; and on August 14, 2012 (Proceeding No. 81710) the City accepted a
Warranty Deed that is recorded in Instrument No. 20121121-0108203, Kent County Register of
Deeds; and it is necessary to dedicate the property acquired through the Court Order and by
the Warranty Deed as public right-of-way; therefore
RESOLVED:
1.
purposes:
That the following described property is hereby dedicated to street and highway
Part of 56 Batavia Pl. NE, PPN 41-14-29-155-005
The North 18.0 feet of the following described parcel: Part of the West 1/2
of the Northwest 1/4 of Section 29, Town 7 North, Range 11 West, City of
Grand Rapids, Kent County, Michigan, described as: Commencing at a
point on the South line of the Northwest 1/4, 9 chains East of the West 1/4
post; thence North parallel with the West line of Section, 100 feet; thence
East 66 feet; thence South 100 feet; thence West 66 feet to beginning,
excepting the West 12 feet of the South 70 feet and the West 18 feet of
the North 30 feet for public road. Now assessed as Lot 1177 of
Steinmann’s Assessor’s Plat No. 42, as recorded in Liber 42 of Plats,
Page 13, Kent County Records. Contains 972 square feet, more or less.
Part of 53 VanDine Pl. NE, PPN 41-14-29-155-017
The North 25.0 feet of Lot 1202, Steinmann’s Assessor’s Plat No. 42, City
of Grand Rapids, Kent County, Michigan, as recorded in Liber 42 of Plats,
Page 13, Kent County Records. Contains 2,737.55 square feet, more or
less.
A.
That, subject to the supervision and control of the City Manager, the
Director of Public Service shall manage and have charge of the above-described
property in accordance with Title VI, Section 9, of the Charter of the City of Grand
Rapids.
B.
That the City Engineer and other affected City officials and departments
are hereby directed to designate and delineate said property on the official maps and
records of the City as public right-of-way to be known as Fountain Street Alley for the
use and benefit of the public at large.
C.
That the City Clerk be authorized and directed to notify the State
Treasurer of the State of Michigan of the dedication of the aforesaid property by the City
of Grand Rapids as public right-of-way.
D.
That the City shall certify 198 feet for the City of Grand Rapids Act 51
report for 2013 to the State of Michigan in connection with the aforesaid dedication of
Fountain Street Alley public right-of-way.
2.
That the following described streets are hereby certified as a part of the City of
Grand Rapids Street System:
A.
Fountain Street Alley from the centerline of Batavia Place to the centerline
of VanDine Place with a length of 198 feet. Said street is dedicated as public right-of-way
by the City by this resolution, and was open to the public on March 8, 2013.
B.
Fairmount Street Alley from the centerline of Donald Place to the
centerline of Freyling Place with a length of 323 feet. Said street was dedicated as public
right-of-way by the City on June 15, 2010 (Proceeding No. 79443) and on June 19, 2012
(Proceeding No. 81587) and was open to the public on June 21, 2013.
C.
That the above-described streets are located within a City of Grand
Rapids right-of-way and are under the control of the City of Grand Rapids.
D.
That said streets are public streets and are for public street purposes.
E.
That said streets are accepted into the City of Grand Rapids Local Street
System and were open to the public on March 8, 2013 and June 21, 2013.
3.
That the following described streets are hereby decertified from the City of Grand
Rapids Street System:
A. Lexington Avenue from the centerline of First Street to the centerline of
Second Street for a street decertification length of 366 feet. Said street vacation was
approved by the City on May 28, 2013 (Proceeding No. 82461).
B. Union Avenue from the centerline of Cottage Grove Street to the south line of
CSX Railroad right-of-way for a street decertification length of 279 feet. Said street
vacation was approved by the City on November 19, 2013 (Proceeding No. 82977).
C. Bostwick Avenue from the centerline of Fountain Street to the centerline of
Lyon Street for a decertification length of 688 feet. Said street was closed to traffic as
approved by the City on December 16, 1997 (Proceeding No. 64179).
4.
That the City Clerk is hereby authorized and directed to record this resolution
with the Kent County Register of Deeds.
This resolution was drafted by Mark A. De Clercq, P.E., City Engineer
Yeas
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
CD09
DATE:
March 5, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Community Development Committee
Eric DeLong, Deputy City Manager
FROM:
Mark A. De Clercq, P.E., City Engineer
SUBJECT:
Public Utilities Easement East of the Paul Henry Thornapple
Trail (Bretonfield Site Condominiums)
The Developer of the future Bretonfield Site Condominiums has secured an easement for a
future sanitary sewer extension from the property owner at 5793 Wing Avenue S.E.
The attached resolution provides for the acceptance of a Public Utilities Easement from the
property owner, Mark and Cheryl Ter Haar, for a compensation amount of $7,500.00. Said
compensation amount was paid to the property owner by the Developer; the City has no
financial obligations associated with this Public Utilities Easement.
MAD/RDV/wa
cc:
Chuck Schroeder
T:\CD14\Rightway\CD Bretonfield
031114
YOUR COMMUNITY DEVELOPMENT COMMITTEE recommends adoption of the
following resolution accepting a Public Utilities Easement in connection with the future
Bretonfield Site Condominiums in Public Easement east of the Paul Henry Thornapple Trail.
____________________________________
CORRECT IN FORM
_____________________
DEPARTMENT OF LAW
____________________________________
_____________________________________
COMMUNITY DEVELOPMENT COMMITTEE
Com. _____________________, supported by Com. _____________________, moved
adoption of the following resolution:
WHEREAS, it is necessary to accept a Public Utilities Easement for the future
Bretonfield Site Condominiums; therefore
RESOLVED:
1.
That the City accepts a Public Utilities Easement from the following property
owner for the described property for the compensation amount noted (said compensation has
been paid to the property owner by the Bretonfield Site Condominiums developer):
Mark and Cheryl Ter Haar
5793 Wing Avenue S.E.
Kentwood, Michigan 49512
$7,500.00
5793 Wing Avenue S.E., Parcel No. 41-18-34-401-019
Parent Parcel: Part of Northwest one-quarter (¼), Southeast one-quarter (¼) of
Section Thirty Four (34) of Township Six (6) North, Range Eleven (11) West, City
of Kentwood, Kent County, Michigan. Easement Area: The South 40.00 Feet of
the following described parcel: That part of the South 445.50 feet of the
Northwest one-quarter (¼), Southeast one-quarter (¼) of Section Thirty Four (34)
of Township Six (6) North, Range Eleven (11) West, City of Kentwood, Kent
County, Michigan lying East of the abandoned railroad right-of-way (100’ wide)
except the East 175.00 Feet of the South 40 Feet thereof. Containing 0.39 acres
(16,828 square feet), more or less.
2.
That the Mayor is hereby authorized to execute the said Sanitary Sewer
Easement on behalf of the City, contingent upon approval by the City Attorney as to form.
3.
That the City Clerk is hereby authorized and directed to record the aforesaid
Sanitary Sewer Easement with the Kent County Register of Deeds.
This resolution was drafted by Mark A. De Clercq, P.E., City Engineer
CD10
DATE:
March 5, 2013
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Community Development Committee
Eric DeLong, Deputy City Manager
FROM:
Mark A. De Clercq, P.E., City Engineer
SUBJECT:
Trunkline: Installation of Cable Barrier on I-196 from South City Limits
to South of M-45 (Lake Michigan Drive)
This project, proposed by the Michigan Department of Transportation (MDOT), is the
installation of median cable barrier on I-196 from South City limits to South of M-45 (Lake
Michigan Drive). The project is estimated to cost $188,100 of which Federal grant and
MDOT’s shares are estimated to be $169,300 and $16,400, respectively. The City’s share of
costs is estimated to be $5,500.
The attached resolution provides for the approval of an agreement with MDOT in connection
with the above-captioned project and authorizes the Mayor to execute the same, contingent
upon approval as to form by the City Attorney. The agreement defines the cost participation
and conditions under which the work is to be done. Also, the resolution authorizes total
expenditures of $5,500 for the City’s share of costs, as well as estimated expenditures for
administration and contingencies.
The City’s share of costs as noted above will be financed by the Streets Capital Fund.
MAD/RDV/wa
Attachments
cc:
James Hurt
Alex Thomas
T:\CD14\MDOT\CD I-196
031114 #14007
SUMMARY OF ESTIMATED COSTS
for
Installation of Cable Barrier on I-196
from South City Limits to South of M-45 (Lake Michigan Drive)
Project Funding Source(s)
Currently
Approved
Federal Grant Funds
MDOT Funds
Streets Capital Fund
Total Project Sources
$169,300
16,400
5,500
$191,200
Budget
Request(s)
0
0
0
0
Revised
Project
Estimate
$169,300
16,400
5,500
$191,200
Breakdown of Local Uses
Local Share of Project Costs
Administration
$2,400
1,500
Sub-Total
$3,900
Contingencies (41%)
Total Local Project Uses
T:\CD14\MDOT\CD I-196
031114 #14007
1,600
$5,500
YOUR COMMUNITY DEVELOPMENT COMMITTEE recommends adoption of the
following resolution approving an agreement with the Michigan Department of Transportation
and authorizing expenditures, all in connection with the Installation of Cable Barrier on I-196
from South City Limits to South of M-45 (Lake Michigan Drive).
CORRECT IN FORM
_____________________
DEPARTMENT OF LAW
_____________________________________
_____________________________________
_____________________________________
COMMUNITY DEVELOPMENT COMMITTEE
Com. _____________________, supported by Com. _____________________, moved
adoption of the following resolution:
WHEREAS, it is necessary to enter into an agreement with the Michigan Department of
Transportation for Installation of Cable Barrier on I-196 from South City Limits to South of M-45
(Lake Michigan Drive), hereinafter referred to as the “Project,” and to authorize expenditures in
connection therewith; therefore
RESOLVED:
1.
That the City enter into an agreement with the Michigan Department of
Transportation for the Project and that, upon approval as to form by the City Attorney, the
Mayor is hereby authorized to execute the aforesaid agreement on behalf of the City.
2.
That total expenditures for the Project be authorized in an amount not to exceed
$5,500, which includes the City’s share of costs as defined in the aforesaid agreement, as well
as expenditures for administration and contingencies. Said amount of $5,500 to be charged to
Code No. 2260405-9800-221301.
3.
That the City Comptroller is hereby authorized and directed to make payment, in
amounts and to said payees, as the City Engineer requests in connection with the Project.
This resolution was drafted by Mark A. De Clercq, P.E., City Engineer
Yeas
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
CD11
DATE:
March 5, 2013
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Community Development Committee
Eric DeLong, Deputy City Manager
FROM:
Mark A. De Clercq, P.E., City Engineer
SUBJECT:
Trunkline: Overlay of Southbound US-131 Bridge over Bridge
Street
This project, proposed by the Michigan Department of Transportation (MDOT), is for the
concrete overlay of Southbound US-131 bridge over Bridge Street. The project is estimated to
cost $687,000 of which Federal grant and MDOT’s shares are estimated to be $562,300 and
$109,100, respectively. The City’s share of costs is estimated to be $20,000.
The attached resolution provides for the approval of an agreement with MDOT in connection
with the above-captioned project and authorizes the Mayor to execute the same, contingent
upon approval as to form by the City Attorney. The agreement defines the cost participation
and conditions under which the work is to be done. Also, the resolution authorizes total
expenditures of $20,000 for the City’s share of costs, as well as estimated expenditures for
administration and contingencies.
The City’s share of costs as noted above will be financed by the Streets Capital Fund.
MAD/RDV/wa
Attachments
cc:
James Hurt
Alex Thomas
T:\CD14\MDOT\CD US-131 over Bridge St
031114 #14009
SUMMARY OF ESTIMATED COSTS
for
Overlay of Southbound US-131 Bridge over Bridge Street
Project Funding Source(s)
Currently
Approved
Federal Grant Funds
MDOT Funds
Streets Capital Fund
Total Project Sources
$562,300
109,100
20,000
$691,400
Budget
Request(s)
$0
0
0
$0
Revised
Project
Estimate
$562,300
109,100
20,000
$691,400
Breakdown of Local Uses
Local Share of Project Costs
Administration
$15,600
1,500
Sub-Total
$17,100
Contingencies (17%)
Total Local Project Uses
T:\CD14\MDOT\CD US-131 over Bridge St
031114 #14009
2,900
$20,000
YOUR COMMUNITY DEVELOPMENT COMMITTEE recommends adoption of the
following resolution approving an agreement with the Michigan Department of Transportation
and authorizing expenditures, all in connection with the Overlay of Southbound US-131 bridge
over Bridge Street.
_____________________________________
CORRECT IN FORM
_____________________
_____________________________________
DEPARTMENT OF LAW
_____________________________________
COMMUNITY DEVELOPMENT COMMITTEE
Com. _____________________, supported by Com. _____________________, moved
adoption of the following resolution:
WHEREAS, it is necessary to enter into an agreement with the Michigan Department of
Transportation for Overlay of Southbound US-131 bridge over Bridge Street, hereinafter
referred to as the “Project,” and to authorize expenditures in connection therewith; therefore
RESOLVED:
1.
That the City enter into an agreement with the Michigan Department of
Transportation for the Project and that, upon approval as to form by the City Attorney, the
Mayor is hereby authorized to execute the aforesaid agreement on behalf of the City.
2.
That total expenditures for the Project be authorized in an amount not to exceed
$20,000, which includes the City’s share of costs as defined in the aforesaid agreement, as
well as expenditures for administration and contingencies. Said amount of $20,000 to be
charged to Code No. 2260405-9800-220001.
3.
That the City Comptroller is hereby authorized and directed to make payment, in
amounts and to said payees, as the City Engineer requests in connection with the Project.
This resolution was drafted by Mark A. De Clercq, P.E., City Engineer
Yeas
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
CD12
DATE:
March 5, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Community Development Committee
Eric DeLong, Deputy City Manager
FROM:
Mark A. De Clercq, P.E., City Engineer
SUBJECT:
Sanitary Sewer Stabilization at Various Locations-2013
This project consists of stream bank reinforcement at various locations to protect exposed
sanitary sewer main along Plaster Creek and along a tributary to Plaster Creek. Stabilization
methods include placement of backfill, flowable fill, rip-rap and sheet piling.
Bids were received on February 25, 2014, for the above-captioned project. The Consultant’s
(Hubbell, Roth and Clark Inc. – HRC) estimate is $259,517 and Kamminga and Roodvoets,
Inc. (K&R) submitted a bid of $366,672 (low discounted bid was $363,005.28). K&R does not
anticipate utilizing any subcontractors to complete the work. Engineering Department staff
reviewed the bid tab with Environmental Services Department, and they concur with the
consultant’s recommendation to award to K&R. Reference the attached Equal Business
Opportunity – Construction Worksheet regarding the applicable bid discounts for this project.
The attached resolution provides for the award of the construction contract for this project to
K&R in the amount of $366,672, with total expenditures not to exceed $511,085. This amount
includes the costs of the construction contract, HRC’s previously authorized design phase
services, HRC’s construction phase services, materials testing, administration, and an
approximate fifteen percent allowance for contingencies. HRC will provide the construction
phase services including inspection pursuant to its existing term contract for as-needed
engineering services with the City.
This project is being financed by the Sewer System Fund.
JDM/JEB/wa
Attachments
cc:
Mike Lunn
Chuck Schroeder
Alex Thomas
Reviewed by O.D.I.
T:CD\CD14\Bid Award\CD Sewer Stabilization
031114 #13021
SUMMARY OF ESTIMATED COSTS
For
Sanitary Sewer Stabilization
at Various Locations - 2013
Project Funding Source(s)
Currently
Approved
Sewer System Fund
Total Project Sources
$350,000
$350,000
Budget
Request(s)
$161,085
$161,085
Revised
Project
Estimate
$511,085
$511,085
Breakdown of Project Uses
Construction Contract
HRC’s previously authorized design and
bidding phase services
HRC’s construction phase services
Materials testing
Administration
$366,672
18,400
Sub-Total
$445,272
Contingencies (15%)
Total Project Uses
T:CD\CD14\Bid Award\CD Sewer Stabilization
031114 #13021
33,700
2,500
24,000
65,813
$511,085
YOUR COMMUNITY DEVELOPMENT COMMITTEE recommends adoption of the
following resolution awarding a contract to Kamminga and Roodvoets, Inc. and authorizing
expenditures in connection with Sanitary Sewer Stabilization at Various Locations - 2013.
____________________________________
CORRECT IN FORM
_____________________
____________________________________
DEPARTMENT OF LAW
_____________________________________
COMMUNITY DEVELOPMENT COMMITTEE
Com. _____________________, supported by Com. _____________________, moved
adoption of the following resolution:
WHEREAS, bids were received on February 25, 2014, for the following project:
Sanitary Sewer Stabilization at Various Locations - 2013
(hereinafter referred to as the “Project”);
and Kamminga and Roodvoets, Inc. submitted a bid of $366,672 for which the Consultant’s
(Hubbell, Roth and Clark Inc – HRC) estimate is $259,517; and
RESOLVED:
1.
That the bid of Kamminga and Roodvoets, Inc. in an amount of $366,672 be
accepted and that, upon approval by the City Attorney as to form, the Mayor be authorized to
execute the contract documents for the Project on behalf of the City.
2.
That total expenditures for the Project be authorized in an amount not to exceed
$511,085 which includes the costs of the construction contract, HRC’s previously authorized
design phase services, HRC’s construction phase services, materials testing, administration,
and an allowance for contingencies. Said amount of $511,085 to be charged to Code No.
4490510-9800-221312.
3.
That the City Comptroller is hereby authorized and directed to make payment, in
amounts and to said payees, as the City Engineer requests in connection with the Project.
This resolution was drafted by Mark A. De Clercq, P.E., City Engineer
Sanitary Sewer Stabilization
at VARIOUS LOCATIONS- 2013
Bids Rec'd 02.25.14 at 11:00 a.m. at the City Engineer's Office
T:\13021\1SR-BidDocuments\13021 Bidtab
ITEM
NO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
UNIT
ITEM
Mobilization, Max. $12,500.00
Soil Erosion and Sedimentation Control- Breton Ave
Location
Soil Erosion and Sedimentation Control- 28th St
Location
Soil Erosion and Sedimentation Control- Eastern Ave
Location
Soil Erosion and Sedimentation Control- Chicago Dr
Locations 1 & 2
Storm Water Operator's Inspections
Maintaining Traffic
Site Preparation
Existing Riprap Modification
Riprap, Grouted
Riprap, Heavy
Non-Woven Geotextile, Separator
3" Topsoil, Seed and Coir Blanket
Class II Fill (C.I.P.)
21AA Fill (C.I.P.)
Flowable Fill
Steel Sheet Piling, PZ35, Permanent
Steel Sheet Piling, PZ27, Permanent
Wax-Tape Pipe Wrap (30-inch Pipe)
Remove Tree, 8 - 18 inch
Remove Tree, 19 - 36 inch
Turbidity Curtain (Shallow, MDOT Detail E&S 1A)
Turbidity Curtain (Deep, MDOT Detail E&S 1A)
Silt Fence
Original Bid Amount (TOTAL)
Allowable Discount Points
Allowable Discount Amount
DISCOUNTED BID
Discounted BID Ranking
QUAN
ENGINEER'S
KAMMINGA &
J E KLOOTE
JACKSON MERKEY
ESTIMATE
ROODVOETS INC
CONTRACTING INC
CONTRACTORS INC
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
Lump Sum
1 $
12,500.00 $
12,500.00
$
12,500.00
$
12,500.00
$
12,500.00
$
12,500.00
$
12,500.00
$
12,500.00
Lump Sum
1 $
1,000.00 $
1,000.00
$
4,000.00
$
4,000.00
$
1,500.00
$
1,500.00
$
9,000.00
$
9,000.00
Lump Sum
1 $
1,000.00 $
1,000.00
$
2,500.00
$
2,500.00
$
1,500.00
$
1,500.00
$
8,000.00
$
8,000.00
Lump Sum
1 $
1,000.00 $
1,000.00
$
2,500.00
$
2,500.00
$
1,500.00
$
1,500.00
$
9,500.00
$
9,500.00
1 $
1,000.00 $
Lump Sum
Ea
Lump Sum
LS
LS
SYD
SYD
SYD
SYD
CYD
CYD
CYD
SF
SF
LF
Ea
Ea
LF
LF
LF
30
1
1
1
85
650
735
345
235
46
126
3,360
756
85
3
5
110
255
70
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
100.00
1,000.00
6,000.00
3,500.00
120.00
100.00
2.50
16.00
12.00
14.00
50.00
30.00
26.00
60.00
500.00
1,300.00
8.00
10.00
3.00
1,000.00
$
2,500.00
$
2,500.00
$
1,500.00
$
1,500.00
$
10,000.00
$
10,000.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
3,000.00
1,000.00
6,000.00
3,500.00
10,200.00
65,000.00
1,837.50
5,520.00
2,820.00
644.00
6,300.00
100,800.00
19,656.00
5,100.00
1,500.00
6,500.00
880.00
2,550.00
210.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
100.00
12,000.00
37,500.00
2,000.00
95.00
80.00
5.00
13.00
30.00
82.00
185.00
39.00
35.00
130.00
685.00
1,275.00
23.00
24.00
2.50
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
3,000.00
12,000.00
37,500.00
2,000.00
8,075.00
52,000.00
3,675.00
4,485.00
7,050.00
3,772.00
23,310.00
131,040.00
26,460.00
11,050.00
2,055.00
6,375.00
2,530.00
6,120.00
175.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
125.00
2,500.00
95,000.00
1,500.00
95.00
60.00
2.00
7.00
35.00
100.00
135.00
39.00
36.00
112.00
900.00
1,800.00
7.00
7.00
4.50
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
3,750.00
2,500.00
95,000.00
1,500.00
8,075.00
39,000.00
1,470.00
2,415.00
8,225.00
4,600.00
17,010.00
131,040.00
27,216.00
9,520.00
2,700.00
9,000.00
770.00
1,785.00
315.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
75.00
20,000.00
57,250.00
2,800.00
125.00
75.00
4.70
15.00
25.00
50.00
200.00
35.00
23.00
50.00
450.00
950.00
35.00
26.00
4.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
2,250.00
20,000.00
57,250.00
2,800.00
10,625.00
48,750.00
3,454.50
5,175.00
5,875.00
2,300.00
25,200.00
117,600.00
17,388.00
4,250.00
1,350.00
4,750.00
3,850.00
6,630.00
280.00
$
259,517.50
$
366,672.00
1.0
3,666.72
363,005.28
1
$
384,391.00
0.0
384,391.00
2
$
388,777.50
0.0
388,777.50
3
$
$
Page 1 of 4
$
$
$
$
Sanitary Sewer Stabilization
at VARIOUS LOCATIONS- 2013
Bids Rec'd 02.25.14 at 11:00 a.m. at the City Engineer's Office
T:\13021\1SR-BidDocuments\13021 Bidtab
ITEM
NO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
UNIT
ITEM
Mobilization, Max. $12,500.00
Soil Erosion and Sedimentation Control- Breton Ave
Location
Soil Erosion and Sedimentation Control- 28th St
Location
Soil Erosion and Sedimentation Control- Eastern Ave
Location
Soil Erosion and Sedimentation Control- Chicago Dr
Locations 1 & 2
Storm Water Operator's Inspections
Maintaining Traffic
Site Preparation
Existing Riprap Modification
Riprap, Grouted
Riprap, Heavy
Non-Woven Geotextile, Separator
3" Topsoil, Seed and Coir Blanket
Class II Fill (C.I.P.)
21AA Fill (C.I.P.)
Flowable Fill
Steel Sheet Piling, PZ35, Permanent
Steel Sheet Piling, PZ27, Permanent
Wax-Tape Pipe Wrap (30-inch Pipe)
Remove Tree, 8 - 18 inch
Remove Tree, 19 - 36 inch
Turbidity Curtain (Shallow, MDOT Detail E&S 1A)
Turbidity Curtain (Deep, MDOT Detail E&S 1A)
Silt Fence
Original Bid Amount (TOTAL)
Allowable Discount Points
Allowable Discount Amount
DISCOUNTED BID
Discounted BID Ranking
QUAN
ENGINEER'S
WYOMING
GEORGETOWN
DIVERSCO CONSTRUCTION
ESTIMATE
EXCAVATORS INC
CONSTRUCTION CO
COMPANY INC
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
Lump Sum
1 $
12,500.00 $
12,500.00
$
12,500.00
$
12,500.00
$
12,500.00
$
12,500.00
$
12,500.00
$
12,500.00
Lump Sum
1 $
1,000.00 $
1,000.00
$
3,500.00
$
3,500.00
$
2,000.00
$
2,000.00
$
9,700.00
$
9,700.00
Lump Sum
1 $
1,000.00 $
1,000.00
$
3,500.00
$
3,500.00
$
2,000.00
$
2,000.00
$
5,250.00
$
5,250.00
Lump Sum
1 $
1,000.00 $
1,000.00
$
3,500.00
$
3,500.00
$
2,000.00
$
2,000.00
$
11,000.00
$
11,000.00
1 $
1,000.00 $
Lump Sum
Ea
Lump Sum
LS
LS
SYD
SYD
SYD
SYD
CYD
CYD
CYD
SF
SF
LF
Ea
Ea
LF
LF
LF
30
1
1
1
85
650
735
345
235
46
126
3,360
756
85
3
5
110
255
70
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
100.00
1,000.00
6,000.00
3,500.00
120.00
100.00
2.50
16.00
12.00
14.00
50.00
30.00
26.00
60.00
500.00
1,300.00
8.00
10.00
3.00
1,000.00
$
3,500.00
$
3,500.00
$
2,000.00
$
2,000.00
$
38,750.00
$
38,750.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
3,000.00
1,000.00
6,000.00
3,500.00
10,200.00
65,000.00
1,837.50
5,520.00
2,820.00
644.00
6,300.00
100,800.00
19,656.00
5,100.00
1,500.00
6,500.00
880.00
2,550.00
210.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
66.00
1,500.00
105,692.00
4,235.00
108.00
77.00
3.00
8.00
15.00
48.00
110.00
40.00
30.00
28.00
495.00
1,045.00
18.00
23.00
3.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
1,980.00
1,500.00
105,692.00
4,235.00
9,180.00
50,050.00
2,205.00
2,760.00
3,525.00
2,208.00
13,860.00
134,400.00
22,680.00
2,380.00
1,485.00
5,225.00
1,980.00
5,865.00
210.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
180.00
6,000.00
41,000.00
4,000.00
200.00
105.00
3.00
22.00
43.00
100.00
270.00
40.00
30.00
105.00
600.00
1,200.00
16.00
23.00
5.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
5,400.00
6,000.00
41,000.00
4,000.00
17,000.00
68,250.00
2,205.00
7,590.00
10,105.00
4,600.00
34,020.00
134,400.00
22,680.00
8,925.00
1,800.00
6,000.00
1,760.00
5,865.00
350.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
85.00
9,500.00
13,000.00
6,000.00
100.00
115.00
4.65
13.00
21.00
57.00
155.00
50.00
35.00
151.00
1,000.00
2,000.00
18.00
28.00
4.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
2,550.00
9,500.00
13,000.00
6,000.00
8,500.00
74,750.00
3,417.75
4,485.00
4,935.00
2,622.00
19,530.00
168,000.00
26,460.00
12,835.00
3,000.00
10,000.00
1,980.00
7,140.00
280.00
$
259,517.50
$
397,920.00
2.0
7,958.40
389,961.60
4
$
402,450.00
1.0
4,024.50
398,425.50
5
$
456,184.75
1.0
4,561.85
451,622.90
6
$
$
Page 2 of 4
$
$
$
$
Sanitary Sewer Stabilization
at VARIOUS LOCATIONS- 2013
EBO - Construction Worksheet
T:\13021\1SR-BidDocuments\13021 Bidtab
Original Bid Amounts (Total)
KAMMINGA &
J E KLOOTE
JACKSON MERKEY
ROODVOETS INC
CONTRACTING INC
CONTRACTORS INC
$366,672.00
$384,391.00
$388,777.50
Prosperous Economy (A) MLBE:
N/A
Total Micro-LBE Participation
Micro-LBE Discount Points
MLBE:
$0 N/A
0.00%
$
MLBE:
$0 N/A
0.00%
-
$
$0
0.00%
-
$
0.0
0.0
0.0
0.0
0.0
0.0
0.0
1.0
1.0
1.0
0.0
0.0
0.0
0.0
-
SUMMARY:
Prosperous Economy (A)
Social Equity (B)
Prosperous Economy - Annual (C)
Enriched Lives (D)
Clean Environment (E)
TOTAL DISCOUNT POINTS
Allowable Discount Points
Discount Amount $
$
Allowable Discount Amount
DISCOUNTED BID $
Discounted BID Ranking
3,666.72
3,666.72
363,005.28
$
$
$
1
384,391.00
2
Page 3 of 4
$
$
$
388,777.50
3
Sanitary Sewer Stabilization
at VARIOUS LOCATIONS- 2013
EBO - Construction Worksheet
T:\13021\1SR-BidDocuments\13021 Bidtab
Original Bid Amounts (Total)
WYOMING
GEORGETOWN
DIVERSCO CONSTRUCTION
EXCAVATORS INC
CONSTRUCTION CO
COMPANY INC
$397,920.00
$402,450.00
$456,184.75
Prosperous Economy (A) MLBE:
N/A
Total Micro-LBE Participation
Micro-LBE Discount Points
MLBE:
$0 N/A
0.00%
$
MLBE:
$0 N/A
0.00%
-
$
$0
0.00%
-
$
0.0
0.0
0.0
0.0
0.0
0.0
0.0
1.0
1.0
2.0
2.0
1.0
-
SUMMARY:
Prosperous Economy (A)
Social Equity (B)
Prosperous Economy - Annual (C)
Enriched Lives (D)
Clean Environment (E)
TOTAL DISCOUNT POINTS
Allowable Discount Points
Discount Amount $
$
Allowable Discount Amount
DISCOUNTED BID $
Discounted BID Ranking
1.0
1.0
1.0
1.0
1.0
7,958.40
7,958.40
389,961.60
$
$
$
4
4,024.50
4,024.50
398,425.50
5
Page 4 of 4
$
$
$
4,561.85
4,561.85
451,622.90
6
CD13
DATE:
March 5, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Community Development Committee
Eric DeLong, Deputy City Manager
FROM:
Mark A. De Clercq, P.E., City Engineer
SUBJECT:
Trench Repairs over Water and Sewer Lines, Curb Repair,
Parking Lot Repair, and Traffic Calming at VARIOUS
LOCATIONS – Contract No. 2013-1
On April 30, 2013 (Commission Proceeding No. 82371) the City awarded a contract to
Lodestar Construction, Inc. (Lodestar) for the above-captioned project.
The contract
documents provided, at the City's option, for an extension of the contract for an additional two
years (in one year increments) at a six percent increase in unit prices, as noted in Lodestar’s
original bid proposal. However, Lodestar has agreed to extend the contract at the same unit
prices as originally bid for the second year of the contract. This is the first extension request of
this contract; therefore, it is recommended that the contract be extended for an additional
period of time to June 30, 2015, at no increase in unit prices.
The extension of this contract provides for making repairs to water and sewer trenches that will
occur this summer, fall, winter, and next spring, and for bituminous concrete and brick
pavement repair at various locations. Quantities of work for this time period have been
estimated and included in this contract extension.
The attached resolution provides for the extension of the contract with Lodestar (at no increase
in the unit prices) in the amount of $650,000 with total expenditures not to exceed $800,000,
which includes the costs of the construction contract, engineering/ inspection, testing, and an
approximate twelve percent allowance for contingencies. The items in the above contract are
estimated quantities. If the actual quantities significantly exceed the estimated amounts, it will
be necessary to request an amendment to the contract at a future date.
This project is being financed by the Water System Fund, Sewer System Fund, Street Fund,
Parking Services Fund, Street Lighting Fund, and Traffic Safety Fund. Costs will be charged
to the appropriate department budgets for which these repairs are needed.
JDM/wa
Attachment
cc:
Tom Drake
James Hurt
Wayne Jernberg
Mike Lunn
T:CD14\Increase\Trench Repair 2013-1
031114 #13016
Chuck Schroeder
Joellen Thompson
Alex Thomas
Joellen Thompson
Victor Rose
Pam Ritsema
Chris Zull
SUMMARY OF ESTIMATED COSTS
for
Trench Repairs over Water and Sewer Lines,
Curb Repair, Parking Lot Repair,
and Traffic Calming at
VARIOUS LOCATIONS – Contract No. 2013-1
Project Funding Source(s)
Currently
Approved
Various Department Funds
Total Project Sources
$800,000
$800,000
Budget
Request(s)
$0
Revised
Project
Estimate
$800,000
$800,000
Breakdown of Project Uses
Construction Contract
Engineering/Inspection
Testing
$650,000
50,000
15,000
Sub-Total
$715,000
Contingencies (12%)
Total Project Uses
T:\CD14\Increase\CD Trench Repair 2013-1
031114 #13016
85,000
$800,000
YOUR COMMUNITY DEVELOPMENT COMMITTEE recommends adoption of the
following resolution approving an extension of the contract with Lodestar Construction, Inc. for
Trench Repairs over Water and Sewer Lines, Curb Repair, Parking Lot Repair, and Traffic
Calming at Various Locations – Contract No. 2013-1.
____________________________________
CORRECT IN FORM
_____________________
DEPARTMENT OF LAW
____________________________________
_____________________________________
COMMUNITY DEVELOPMENT COMMITTEE
Com. _____________________, supported by Com. _____________________, moved
adoption of the following resolution:
WHEREAS, on April 30, 2013 (Commission Proceeding No. 82371) the City awarded a
contract to Lodestar Construction, Inc. for Trench Repairs over Water and Sewer Lines, Curb
Repair and Parking Lot Repair, and Traffic Calming at Various Locations – Contract No.
2013-1; and
WHEREAS, the contract documents for the aforesaid project include a provision for the
City, at its option, to extend the contract with Lodestar Construction, Inc. for additional periods
of time and the City desires to extend the contract to June 30, 2015, at no increase in unit
prices, as agreed to by Lodestar Construction, Inc., therefore
RESOLVED:
1.
That the extension of the contract with Lodestar Construction, Inc. in connection
with the aforesaid project for an additional period of time to June 30, 2015, at no increase in
unit prices is hereby approved in the amount of $650,000.
2.
That total expenditures for the extension of the contract with Lodestar
Construction, Inc. in connection with the aforesaid project be authorized in an amount not to
exceed $800,000 which includes the construction contract extension, engineering/inspection,
testing, and contingencies. Said amount of $800,000 to be charged to the appropriate
department budgets for which these repairs are needed.
3.
That the City Engineer is hereby authorized to execute the necessary change
order to the aforesaid contract with Lodestar Construction, Inc. in connection with said contract
extension.
4.
That the City Comptroller is hereby authorized and directed to make payment, in
amounts and to said payees, as the City Engineer requests in connection with the aforesaid
project.
This resolution was drafted by Mark A. De Clercq, P.E., City Engineer
CD14
DATE:
March 5, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Community Development Committee
Eric DeLong, Deputy City Manager
FROM:
Mark A. De Clercq, P.E., City Engineer
SUBJECT:
Trench Repairs over Water and Sewer Lines at VARIOUS
LOCATIONS – Contract No. 2013-2
On April 30, 2013 (Commission Proceeding No. 82372) the City awarded a contract to
Lodestar Construction, Inc. (Lodestar) for the above-captioned project.
The contract
documents provided, at the City's option, for an extension of the contract for an additional two
years (in one year increments) at a six percent increase in unit prices, as noted in Lodestar’s
original bid proposal. However, Lodestar has agreed to extend the contract at the same unit
prices as originally bid for the second year of the contract. This is the first extension request of
this contract; therefore, it is recommended that the contract be extended for an additional
period of time to June 30, 2015, at no increase in unit prices.
The extension of this contract provides for making repairs to water and sewer trenches that will
occur this summer, fall, winter, and next spring, and for bituminous concrete and brick
pavement repair at various locations. Quantities of work for this time period have been
estimated and included in this contract extension.
The attached resolution provides for the extension of the contract with Lodestar (at no increase
in the unit prices) in the amount of $470,000 with total expenditures not to exceed $600,000,
which includes the costs of the construction contract, engineering/ inspection, testing, and an
approximate twelve percent allowance for contingencies. The items in the above contracts are
estimated quantities. If the actual quantities significantly exceed the estimated amounts, it will
be necessary to request an amendment to the contract at a future date.
This project is being financed by the Water System Fund and Sewer System Fund.
JDM/wa
Attachment
cc:
Wayne Jernberg
Mike Lunn
Pam Ritsema
T:CD14\Increase\Trench Repair 2013-2
031114 #13017
Chuck Schroeder
Joellen Thompson
SUMMARY OF ESTIMATED COSTS
for
Trench Repairs over Water and Sewer Lines at
VARIOUS LOCATIONS – Contract No. 2013-2
Project Funding Source(s)
Currently
Approved
Water System Fund
Sewer System Fund
Total Project Sources
$540,000
60,000
$600,000
Budget
Request(s)
0
0
$0
Revised
Project
Estimate
$540,000
60,000
$600,000
Breakdown of Project Uses
Construction Contract
Engineering/Inspection
Testing
$470,000
50,000
15,000
Sub-Total
$535,000
Contingencies (12%)
Total Project Uses
T:CD14\Increase\Trench Repair 2013-2
031114 #13017
65,000
$600,000
YOUR COMMUNITY DEVELOPMENT COMMITTEE recommends adoption of the
following resolution approving an extension of the contract with Lodestar Construction, Inc. for
Trench Repairs over Water and Sewer Lines at Various Locations – Contract No. 2013-2.
____________________________________
CORRECT IN FORM
_____________________
DEPARTMENT OF LAW
____________________________________
_____________________________________
COMMUNITY DEVELOPMENT COMMITTEE
Com. _____________________, supported by Com. _____________________, moved
adoption of the following resolution:
WHEREAS, on April 30, 2013 (Commission Proceeding No. 82372) the City awarded a
contract to Lodestar Construction, Inc. for Trench Repairs over Water and Sewer Lines at
Various Locations – Contract No. 2013-2; and
WHEREAS, the contract documents for the aforesaid project include a provision for the
City, at its option, to extend the contract with Lodestar Construction, Inc. for additional periods
of time and the City desires to extend the contract to June 30, 2015, at no increase in unit
prices, as agreed to by Lodestar Construction, Inc., therefore
RESOLVED:
1.
That the extension of the contract with Lodestar Construction, Inc. in connection
with the aforesaid project for an additional period of time to June 30, 2015, at no increase in
unit prices is hereby approved in the amount of $470,000.
2.
That total expenditures for the extension of the contract with Lodestar
Construction, Inc. in connection with the aforesaid project be authorized in an amount not to
exceed $600,000 which includes the construction contract extension, engineering/inspection,
testing, and contingencies. Said amount of $600,000 to be charged as follows: $540,000 to
Code No. 433175-9330 and $60,000 to Code No. 442501-8180.
3.
That the City Engineer is hereby authorized to execute the necessary change
order to the aforesaid contract with Lodestar Construction, Inc. in connection with said contract
extension.
4.
That the City Comptroller is hereby authorized and directed to make payment, in
amounts and to said payees, as the City Engineer requests in connection with the aforesaid
project.
This resolution was drafted by Mark A. De Clercq, P.E., City Engineer
CW01
DATE:
February 24, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Committee of the Whole
Greg Sundstrom, City Manager
FROM:
Pam Ritsema, Managing Director Enterprise Services
SUBJECT:
Addendum I to Water and Sanitary Wholesale Agreement
between City of Grand Rapids and Caledonia Charter Township
Several months ago Caledonia Township approached the City of Grand Rapids
regarding the City’s willingness to provide sanitary sewage transportation, treatment
and disposal service to a portion of Caledonia Township. Currently Caledonia
Township (Township) sewage is collected by the Township and transported to the
Village of Caledonia for treatment. Because of capacity limitations at Caledonia
Village’s treatment plant, the Township is seeking to enter into an agreement with the
City of Grand Rapids (City) for treatment and disposal of sanitary sewage originating
within the Township’s Service Area, over a ten year phase-in period. The City is willing
to provide sanitary sewer treatment and disposal service through the City’s sanitary
sewer system on a wholesale basis to the Township for sanitary sewage originating
from the Township Service Area. Addendum I to Water and Sanitary Sewer Service
Agreement – Wholesale has been prepared to define the terms of service.
In order for the City’s sanitary sewer system to treat and dispose of sanitary sewage
through the Township Service Area, it is necessary that the sanitary sewage be
transported through Gaines Township sanitary sewer transport system. Gaines
Township (Gaines) and the Township of Byron (Byron) jointly own and share some
components to collect and convey sanitary sewage to the City. Gaines and Byron
agree to transport sanitary sewage collected by Caledonia Township within the
Caledonia service area, through Gaines using the Anderson Drain Trunk Sewer to the
City at the point where the Anderson Drain Trunk Sewer is connected to the City sewer
system. Gaines and Byron approved the three-party Sanitary Sewage Transportation
agreement on February 10, 2014.
The Phase In commencement date is the date the connection infrastructure is in place
and operational. If the Phase-In commencement date does not occur by December 31,
2014, the addendum terminates. Sewage flow will be determined by a meter installed at
a mutually accepted location. The Township is required to send a minimum of 3,650,000
gallons per year through 2018 and 18,250,000 gallons per year in 2019 – 2023. The
rate setting methodology is defined in the addendum.
On the effective date of the Addendum, Caledonia Township shall be a full member of
the Utility Advisory Board. Caledonia Township approved Addendum I and the Sanitary
Sewage Transportation Agreement between Caledonia Township, Byron and Gaines on
February 5, 2014. Addendum I, including the Sanitary Sewage Transportation
Agreement, all Exhibits, and a map of the sewer district boundary are attached.
At their February 20, 2014 meeting, the Utility Advisory Board moved to recommend to
the City of Grand Rapids City Commission, approval and execution of Addendum I to
the Water and Sanitary Sewer Service Agreement – Wholesale with Caledonia Charter
Township.
YOUR COMMITTEE OF THE WHOLE recommends approving and authorizing
execution of Addendum I to Water and Sanitary Sewer Service Agreement – Wholesale
with Caledonia Charter Township
CORRECT IN FORM
DEPARTMENT OF LAW
COMMITTEE OF THE WHOLE
Com. _________________,
moved adoption of the following:
seconded
by
Com._____________________,
RESOLVED, that Addendum I to Water and Sanitary Sewer Service
Agreement – Wholesale (the “Addendum”) between the City and Caledonia Charter
Township (the “Township”) providing sanitary sewage transportation, treatment and
disposal services to the Township in the form to be approved by the City Attorney or
special legal counsel, is approved and the Mayor and Acting City Clerk are authorized
and directed to execute the Addendum for and on behalf of the City.
FURTHER, RESOLVED, that all resolutions or parts of resolutions in conflict
herewith shall be and the same are rescinded.
Prepared by:
Richard A. Wendt, Esq.
12/12/13 RAW
ADDENDUM I TO WATER AND SANITARY SEWER
SERVICE AGREEMENT—WHOLESALE
THIS ADDENDUM I TO WATER AND SANITARY SEWER SERVICE
AGREEMENT—WHOLESALE is made and executed as of this ____ day of
________________, 2014 (“Addendum I”), by and between the CITY OF GRAND RAPIDS,
Kent County, Michigan, a Michigan municipal corporation (the “City”), and CALEDONIA
CHARTER TOWNSHIP, Kent County, Michigan, a Michigan charter township (the
“Township”).
RECITALS
A.
The Township built, owns and operates a sanitary sewer collection system to
serve users within the Township (the “Township Collection System”).
B.
Sanitary sewage collected through the Township Collection System is transported
for treatment and disposal to the Village of Caledonia (the “Village”) pursuant to an agreement
between the Township and the Village that contains certain capacity limitations.
C.
The Township has requested that the City, because of the capacity limitations in
the Township’s agreement with the Village, phase-in the treatment and disposal of sanitary
sewage originating initially from an area within the Township identified on the attached
Exhibit A as the Utility Services District, as that term is used in the hereinafter identified
Agreement (the “Township Service Area”); which will result, after a ten-year phase-in period,
encompassing calendar years 2014 through 2023, inclusive (the “Phase-In Period”), in all of the
sanitary sewage originating from the Township Service Area being treated and disposed through
the City’s Sanitary Sewer System.
D.
Subject to the terms and conditions of this Addendum I, the City is willing to
provide sanitary sewer treatment and disposal service through the City’s sanitary sewer system
{01520455 1 }
GRAPIDS 60855-272 300241v2
(the “City’s Sanitary Sewer System”) on a wholesale basis to the Township for sanitary sewage
originating from the Township Service Area.
E.
In order to provide wholesale sanitary sewer service to the Township, the
Township will, simultaneously with the execution of this Addendum I and subject to the
provisions of this Addendum I, become a party to (i) the wholesale Water and Sanitary Sewer
Service Agreement dated January 1, 1999, (ii) the wholesale First Amendment to Water and
Sanitary Sewer Service Agreement dated March 28, 2000, (iii) the wholesale Second
Amendment to Water and Sanitary Sewer Service Agreement dated July 1, 2002, (iv) the
wholesale Third Amendment to Water and Sanitary Sewer Service Agreement dated
December 1, 2006, and (v) the wholesale Fourth Amendment to Water and Sanitary Sewer
Service Agreement dated August 1, 2010 (collectively together with any future amendments
executed by the Township, the “Agreement”), each between the City and certain Customer
Communities identified therein, and, including upon execution of this Addendum I, the
Township as a Customer Community.
F.
The City and the Township have entered into this Addendum I for the purpose of
dealing with those matters that are peculiar to providing wholesale sanitary sewer treatment and
disposal service to the Township, and this Addendum I shall have no effect on the other
Customer Communities that are parties to the Agreement.
NOW, THEREFORE, in consideration of the respective representations and agreements
contained herein, the parties hereto agree as follows:
Section 1. Township Service Area. The initial Township Service Area shall be the
Utility Services District (as that term is used in the Agreement) identified in the attached
Exhibit A which Township Service Area may be expanded and/or revised as provided in the
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GRAPIDS 60855-272 300241v2
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Agreement incorporating other areas in the Urban Utility Boundary (as that term is used in the
Agreement) as such Urban Utility Boundary may be revised from time to time as provided in the
Agreement. For purposes of determining rates and charges pursuant to the annual Rate Study
and the Rate Setting Methodology, the entire Township Service Area shall be considered the
Utility Services District both during the Phase-In Period and after the Phase-In Period for the
treatment and disposal of sanitary sewage by the City’s Sanitary Sewer System originating from
the Township Service Area.
Section 2. Approval of Gaines Charter Township. In order for the City’s Sanitary
Sewer System to treat and dispose of sanitary sewage from the Township Service Area, it is
necessary that such sanitary sewage be transported through the Gaines Charter Township
(“Gaines”) sanitary sewer transport system. The agreement between the Township and Gaines to
transport sanitary sewage from the Township Service Area to the City’s Sanitary Sewer System
is attached hereto as Exhibit B.
Section 3. Metering of Sanitary Sewage. Sanitary sewage flow originating from the
Township Service Area shall be determined by a meter installed at a location mutually
acceptable to the Township and the City. The cost of the meter and its installation, including any
subsequent repair and replacement thereof, shall be the responsibility of the Township. The type
of meter installed shall be approved by the City, and the City shall have access to the meter for
purposes of reading the meter to determine sanitary sewage flow from the Township Service
Area. In the event of meter failure, the provisions of Section 5.C. of the Agreement shall apply.
Section 4. Phase-In Commencement Date. The effective date for the commencement
of the Phase-In Period (the”Phase-In Commencement Date”) shall be the date that the
infrastructure to be located in the Township and in Gaines, which is required to connect the
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GRAPIDS 60855-272 300241v2
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existing Township Collection System in the Township Service Area to the existing Gaines
infrastructure which transports sanitary sewage to the City for treatment and disposal in
accordance with that certain Sanitary Sewer Service Agreement dated June 7, 1988 (the “Gaines
Agreement”), between the City and Gaines, including all necessary modifications to the
Township Collection System, is constructed, operational and available for transportation of
sanitary sewage from the Township Service Area to the City for treatment and disposal by the
City’s Sanitary Sewer System, as certified in writing to the City and the Township by the
Township’s consulting engineer.
If the Phase-In Commencement Date does not occur by December 31, 2014, this
Addendum I shall terminate and neither the City nor the Township shall have any further
obligation to each other under either the Agreement or this Addendum I.
Section 5. Phase-in of Service. Sanitary sewer treatment and disposal service through
the City’s Sanitary Sewer System of sanitary sewage originating from the Township Service
Area shall be phased in in accordance with the following schedule:
Calendar Years
Minimum Average Gallons Per Day
2014 through 2018
10,000 (3,650,000 gallons per year) to be prorated for 2014,
which is expected to be a partial year of service.
2019 through 2023
50,000 (18,250,000 gallons per year)
The Township shall provide, for treatment and disposal through the City’s Sanitary
Sewer System, at least the minimum sanitary sewage flows required in the preceding paragraph
of this Section 5.
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GRAPIDS 60855-272 300241v2
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Commencing in calendar year 2024 and thereafter during the term of the Agreement, one
hundred percent (100%) of the sanitary sewage flow from the Township Service Area shall be
treated and disposed through the City’s Sanitary Sewer System.
Section 6. Rate, Charges and Fees. During the Phase-In Period, the annual Township
commodity charge and monthly service charge shall be determined in accordance with the Rate
Setting Methodology as modified by the model set forth in the attached Exhibit C. For purposes
of calculating rates and charges during each year of the Phase-In Period, the rate shall be based
on the minimum average gallons per day for such year, as set forth in the schedule in Section 5
of this Addendum I, even though actual flow may exceed that. For example, for Calendar Year
2015, rates and charges shall be based on average flow of 10,000 gallons per day and 3,650,000
gallons per year. The commodity charge and monthly service charge applicable to the Township
for the first year of the Phase-In Period, i.e., calendar year 2014, is set forth in the attached
Exhibit C. Effective upon the Phase-In Commencement Date, the Township will be billed by the
City monthly for service the monthly service charge plus a commodity charge based on usage
during a billing period as metered.
The Township rates and charges for calendar year 2024 and thereafter shall be
determined by the annual Rate Study in accordance with the Rate Setting Methodology, provided
that in determining the three-year average flow in the Township for calendar years 2024, 2025
and 2026, the three-year average shall include all sanitary sewage flow from the Township
Service Area, regardless of whether such flow is sent to the Township or the Village for
treatment and disposal.
The Township elects to have the City calculate the revenue requirements of the Township
in accordance with Option A to Exhibit C of the Agreement subject to the reservation by the
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GRAPIDS 60855-272 300241v2
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Township of the right to elect either Option A or Option B for any year upon 1 year’s advance
written notice in accordance with Exhibit C of the Agreement.
New users in the Township Service Area connecting to the Township Collection System
after the Phase-In Commencement Date shall pay the City’s sanitary system’s integrated
connection fee as established and determined in accordance with Section 6.B. and Exhibit C of
the Agreement.
Section 7.
Utility Advisory Board.
On the effective date of this Addendum I
a Township appointee shall be a full member of the Utility Advisory Board.
Section 8. Effect of Agreement. During the Phase-In Period, the provisions of the
Agreement shall apply to the City and the Township, subject to the terms and modifications
contained in this Addendum I.
After completion of the Phase-In Period and beginning in
calendar year 2024, the provisions of this Addendum I, other than (i) the determination of the
three-year average flow for the Township for the Rate Study for the years 2024, 2025 and 2026
as provided in Section 6 hereof, (ii) the reservation of rights of the Township as provided in
Section 6 and Section 10 hereof, (iii) the term of the Agreement applicable to the Township as
provided in Section 12 hereof and (iv) the approvals, determinations, representations and
warranties of the City as provided in Section 13 hereof shall no longer apply, and the Township
shall be a party to the Agreement as a separate Customer Community and one of the wholesale
Customer Communities that are parties to the Agreement.
Section 9. Nature of Exclusivity. During the Phase-In Period the wholesale sanitary
sewer treatment and disposal service provided by the City to the Township by the Agreement
and this Addendum I shall be non-exclusive and the Township shall have the right to send a
portion of the sanitary sewage originating from the Township Service Area to the Village for
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GRAPIDS 60855-272 300241v2
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treatment and disposal, provided, the minimum flow requirements of Section 5 are met.
Commencing in calendar year 2024 and thereafter during the term of the Agreement applicable
to the Township, the wholesale sanitary sewer treatment and disposal service provided by the
City to the Township shall be exclusive and all of the sanitary sewage originating from the
Township Service Area shall be treated and disposed of through to City’s Sanitary Sewer
System.
Section 10. Reservation of Rights. The Township shall have the right, without the
consent or approval of the City, to serve any portion of the Township, including the Township
Service Area, with public water service. The Township shall have the right, without the consent
or approval of the City, to serve, and continue to service, any portion of the Township located
outside the Township Service Area with sewer treatment and disposal service provided by an
entity other than the City.
Section 11. Notices. The address of the Township for purposes of notices, certificates or
other communications under this Agreement, or this Addendum I shall be as follows:
Caledonia Charter Township
Attention: Supervisor
8196 Broadmoor Avenue, S.E.
Caledonia, Michigan 49316
Section 12. Term of Agreement Applicable to the Township. The Agreement shall be
applicable to the Township for a term which expires upon the earlier of (A) the final date of the
term of the Gaines Agreement, as the term of the Gaines Agreement is extended or earlier
terminated in accordance with the terms of the Gaines Agreement, or (B) the final date of the
term of the Agreement applicable to the Township, as the term of the Agreement applicable to
the Township is extended or earlier terminated in accordance with the terms of the Agreement.
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Section 13. Miscellaneous.
A.
This Addendum I constitutes all approvals by the City required for the City to
provide wholesale sanitary sewer treatment and disposal service to the Township for sanitary
sewage originating from the Township Service Area and the Township and Gaines may rely on
this Addendum as evidence of such approvals.
B.
The City represents and warrants to the Township that, except as provided in
Section 2 hereof with respect to Gaines, no approvals or consents are required from any of the
Customer Communities, as defined in the Agreement, for the provision by the City of wholesale
sanitary sewer treatment and disposal service to the Township for sanitary sewage originating
from the Township Service Area or for use of any of the City’s Sanitary Sewer System
infrastructure necessary to enable the City to provide such wholesale sanitary sewer treatment
and disposal service to the Township.
C.
The Township shall not be required to prepare and submit to the City and Utility
Advisory Board a utility master plan for review as required by Section 18 of the Agreement until
the same time in calendar year 2016 as updated utility master plans must be submitted pursuant
to said Section 18 by other Customer Communities.
D.
The City represents and warrants to the Township that the Urban Cooperation
Agreement referenced in the Agreement (as such Urban Cooperation Agreement has been
amended or restated, the “Urban Cooperation Agreement”) has been terminated and the Urban
Cooperation Board established in accordance with said Urban Cooperation Agreement has been
dissolved and that, accordingly, neither the Urban Cooperation Agreement nor the terms and
conditions thereof nor the Urban Cooperation Board shall apply to the Township.
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GRAPIDS 60855-272 300241v2
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Section 14. Defined Terms. All terms not specifically defined in this Addendum I shall
have those meanings as defined in the Agreement.
Section 15.
Conflict.
If there shall be a conflict between the provisions of this
Addendum I and the Agreement, the provisions of this Addendum I shall control.
Section 16. Effective Date of Addendum I.
This Addendum I shall be effective
__________________, 2014.
IN WITNESS WHEREOF, the City and the Township have created these presents to be
signed by their respective duly-authorized officers, all as of the day and year first written above.
CITY OF GRAND RAPIDS
By: ________________________________
George K. Heartwell, Mayor
Attest: ________________________________
Darlene O’Neal, Acting City Clerk
CALEDONIA CHARTER TOWNSHIP
By: ________________________________
Bryan Harrison, Supervisor
Attest: ________________________________
Jennifer Christian, Township Clerk
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GRAPIDS 60855-272 300241v2
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EXHIBIT A
Township Service Area
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GRAPIDS 60855-272 300241v2
A-1
EXHIBIT B
Agreement between Caledonia and
Gaines Charter Townships
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GRAPIDS 60855-272 300241v6v2
B-1
Revised Draft Dated
January 24, 2014
SANITARY SEWAGE TRANSPORTATION AGREEMENT
THIS AGREEMENT made as of this ____ day of _________, 2014 (the “Agreement”),
by and between the CHARTER TOWNSHIP OF GAINES, a Michigan Municipal Corporation
located in the County of Kent, Michigan, and whose address is 8555 Kalamazoo Avenue, S.E.,
Caledonia, Michigan, 49316 (hereinafter referred to as “Gaines”), the TOWNSHIP OF BYRON,
a Michigan Municipal Corporation located in the County of Kent, Michigan and whose address
is 8085 Byron Center, S.W., Byron Center, Michigan, 49315, (hereinafter referred to as
“Byron”), and the CHARTER TOWNSHIP OF CALEDONIA, a Michigan Municipal
Corporation located in the County of Kent, Michigan, and whose address is 8196 Broadmoor
Ave., Caledonia, Michigan 49316 (hereinafter referred to as “Caledonia”). Gaines, Byron and
Caledonia may be individually referred to in this Agreement as a “Party” and Gaines, Byron and
Caledonia together may be collectively referred to as the “Parties.”
WITNESSETH:
WHEREAS, Byron and Gaines are parties to that certain 2003 Agreement Re:
Byron/Gaines Water Supply System and Sewage Disposal System dated as of July 1, 2003 (the
“Joint Byron/Gaines Sewer Agreement”) with respect to the public sanitary sewer systems which
jointly serve Byron and Gaines (the “Joint Byron/Gaines Sewer System”); and
WHEREAS, in accordance with the Joint Byron/Gaines Sewer Agreement, Byron and
Gaines jointly own the Shared Use Components (as defined in the Joint Byron/Gaines
Agreement) of the Joint Byron/Gaines Sewer System; and
WHEREAS, certain Shared Use Components (known as the “Anderson Drain Trunk
Sewer”) are used to collect and convey sanitary sewage to the City of Grand Rapids Sanitary
Sewer System (the “City Sewer System”) for treatment by the City of Grand Rapids Sewage
Treatment Plant (the “City WWTP”) pursuant to that certain Sanitary Sewer Service Agreement
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dated June 7, 1988 between the City of Grand Rapids (the “City”) and Gaines (the “City/Gaines
Service Agreement”); and
WHEREAS, Caledonia is party to that certain Addendum I to Water and Sanitary Sewer
Service Agreement – Wholesale dated _________, 2014 (“City Addendum I”); and
WHEREAS, in accordance with the terms of City Addendum I, Caledonia is also party to
the wholesale Water and Sanitary Sewer Service Agreement dated January 1, 1999, and amended
on March 28, 2000, July 1, 2002, December 1, 2006 and August 1, 2010 (together, the “City
Wholesale Sewer Agreement”) with the City and other wholesale customer communities of the
City; and
WHEREAS, the City, in accordance with City Addendum I and the City Wholesale
Sewer Agreement, has agreed to provide sanitary sewer treatment and disposal service on a
wholesale basis to Caledonia for sanitary sewage originating from a service area located in the
northwest portion of Caledonia (the “Caledonia Service Area”), a map of which is attached to
this Agreement as Exhibit A and collected from properties located within the Caledonia Service
Area by a sanitary sewer collection system owned by Caledonia (the “Caledonia Collection
System”); and
WHEREAS, the parties are entering this Agreement to set forth the terms and conditions
by which the sanitary sewage which originates in the Caledonia Service Area, and is collected by
the Caledonia Collection System, is transported from the Caledonia Service Area to the City
Sewer System using the Caledonia Township Extension (defined in Paragraph 6) and the
Anderson Drain Trunk Sewer, as shown on Exhibit B; and
NOW THEREFORE, in consideration of their mutual undertakings, it is hereby agreed
by and between the Parties hereto as follows:
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2
1.
Transportation by Anderson Drain Trunk Sewer of Sanitary Sewage from
Caledonia Service Area. Byron and Gaines agree to transport sanitary sewage collected by the
Caledonia Collection System within the Caledonia Service Area and received from the Caledonia
Township Extension (as defined in Paragraph 6) in the Anderson Drain Trunk Sewer to the City
Sewer System at the point where the Anderson Drain Trunk Sewer is connected to the City
Sewer System.
2.
Capacity in the Anderson Drain Trunk Sewer. Caledonia shall at no time
discharge to the Anderson Drain Trunk Sewer more than 630,000 gallons of sanitary sewage in
any one calendar day, nor discharge more than 84,000 gallons of sanitary sewage in any one hour
period. Byron and Gaines agree to provide capacity in the Anderson Drain Trunk Sewer to
accommodate the Caledonia discharge within the foregoing discharge limits.
3.
Payment by Caledonia for Capacity in the Anderson Drain Trunk Sewer.
Since the Anderson Drain Trunk Sewer constitutes contributed capital of the Joint Byron/Gaines
Sewer System, Caledonia shall not be required to pay a capacity charge or capacity payment for
the use of capacity in the Anderson Drain Trunk Sewer.
4.
Annual Reporting of Capacity Usage; Engineering Study.
a.
Commencing on or before March 31, 2015, and on or before March 31 of
each calendar year thereafter during the term of this Agreement, Caledonia shall provide a
written report to Byron and Gaines detailing for the previous calendar year the average daily
flow, the peak daily flow and the peak hourly flow of sanitary sewage discharged by Caledonia
at the First Manhole (as defined in Paragraph 9), as measured, in each case, by the Master Meter
(as defined in Paragraph 8). In addition, this annual report shall include projections of additional
anticipated discharges reasonably expected to result from new customers in the Caledonia
Service Area or the increased usage by existing customers in the Caledonia Service Area.
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3
b.
At such time as the flow of sanitary sewage from the Caledonia Service
Area equals or exceeds 80% of either the daily flow or the hourly flow limits set forth in
Paragraph 2, more than three times in any 90-day period, Caledonia agrees to direct its
consulting engineer to prepare a study on the existing and anticipated usage by customers located
within the Caledonia Service Area. If this study reasonably concludes that Caledonia needs to
increase the capacity limits set forth in Paragraph 2, either on a daily flow basis or on an hourly
flow basis, or both, then the Parties, in good faith, agree to discuss and, if appropriate, negotiate
an amendment to this Agreement to increase the capacity limits.
5.
Future Connections to Caledonia Township Extension located within Gaines
Township; Payback of Connection Fees to Caledonia.
a.
Connections shall be permitted by Gaines, in accordance with applicable
Gaines sewer ordinances, to that portion of the Caledonia Township Extension located in Gaines
west of the First Manhole.
b.
No connections shall be permitted by any Party to that portion of the
Caledonia Township Extension located between the Master Meter and the First Manhole.
c.
Gaines, in consideration for the construction of the Caledonia Township
Extension at the cost of Caledonia and the conveyance by Caledonia to Gaines of the First
Manhole and that portion of the Caledonia Township Extension located in Gaines west of the
First Manhole, shall pay to Caledonia on a quarterly basis an amount equal to ninety-eight
percent (98%) of all sewer availability fees (within the meaning of the Gaines Sewer Ordinance)
received by Gaines with respect to connections to the Caledonia Township Extension in
accordance with subsection (a) during the ten (10) year period which commences upon the date
of the written notice provided by Gaines to Caledonia in accordance with Paragraph 7. The
remaining two percent (2%) of such sewer availability fees received by Gaines shall be retained
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4
by Gaines to cover the administrative expense incurred by Gaines to collect and distribute such
funds.
6.
Design and Construction of Caledonia Township Extension. Caledonia agrees
to direct its Township Engineer to design appropriate connecting infrastructure, including the
Master Meter referred to in Paragraph 8, to connect the existing Caledonia Collection System
located within the Caledonia Service Area to the Anderson Drain Trunk Sewer located in Gaines
Township (such connecting infrastructure shall be referred to as the “Caledonia Township
Extension”).
A map of an approximate location of the Caledonia Township Extension is
attached to this Agreement as Exhibit B. The plans for the Caledonia Township Extension shall
be subject to review and approval by the consulting engineer for Byron and Gaines. It is
anticipated that Caledonia will apply to the Michigan Department of Environmental Quality
(“MDEQ”) for the necessary permits to construct the Caledonia Township Extension; however,
should it be necessary for Gaines and/or Byron to apply for such MDEQ permit or to be a coapplicant for such MDEQ permit, Byron and Gaines agree to do so. The Caledonia Township
Extension shall be designed and constructed in accordance with standard specifications
applicable to the Joint Byron/Gaines Sewer System. The Caledonia Township Extension shall be
connected to the Anderson Drain Trunk Sewer at a point of connection (the “Point of
Connection”) to be designated in the final plans and specifications prepared by Caledonia’s
consulting engineer and approved by Byron and Gaines. The current expected location of the
Point of Connection, subject to such final design and approval, is shown on Exhibit B attached to
this Agreement. Caledonia shall be responsible for and shall pay all cost attributable to the
Caledonia Township Extension including, without limitation, the cost of design and construction,
engineering and inspection, site, easement and right-of-way acquisition, legal, financial,
administrative and all similar directly related costs. Byron and Gaines shall have the right to
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5
have the Caledonia Township Extension, including the Master Meter referred to in Paragraph 8,
and the connection of the Caledonia Township Extension to the Anderson Drain Trunk Sewer at
the Point of Connection inspected by an engineer acceptable to Byron and Gaines at the cost of
Caledonia.
7.
Commencement of Use of Caledonia Township Extension. Caledonia may
discharge sanitary sewage from the Caledonia Service Area by use of the Caledonia Township
Extension commencing upon the receipt by Caledonia of written notice from Gaines that Byron
and Gaines have approved and accepted that portion of the Caledonia Township Extension
constructed within Gaines Township.
8.
Master Meter. A master meter (the “Master Meter”) to measure the flow of
sanitary sewage from the Caledonia Service Area to the Anderson Drain Trunk Sewer shall be
constructed as part of the Caledonia Township Extension at the sole cost of Caledonia upstream
of the First Manhole at approximately the Caledonia/Gaines Township line at a location
acceptable to the Parties and approved by the City in accordance with City Addendum I and the
City Wholesale Sewer Agreement.
In general, the Master Meter shall be calibrated, read,
operated and maintained at the expense of Caledonia in accordance with City Addendum I and
the City Wholesale Sewer Agreement. Notwithstanding the foregoing, the Parties recognize that
the accuracy of readings of the Master Meter are of material importance to Byron and Gaines
because the flow of sanitary sewage measured by the Caledonia Master Meter will also flow
through and be metered by the existing Gaines master meter, which measures the flow of
sanitary sewage discharged from the Anderson Drain Trunk Sewer to the City Sewer System in
accordance with the City/Gaines Service Agreement. Accordingly, Byron and Gaines shall have
the right to verify the testing and calibration of the Master Meter from time to time. If Gaines
and Byron disagree with the calibration or similar issues relating to the Master Meter, Caledonia
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6
shall resolve with the City, at the sole cost of Caledonia, the concerns expressed by Byron and
Gaines, to the reasonable satisfaction of Byron and Gaines. Gaines and Byron shall have the
right to require Caledonia to check the Master Meter or to have the City check the Master Meter
on behalf of Caledonia in the event of a sudden unexpected increase in the flow of sanitary
sewage measured by the Gaines master meter without the addition of new customers either in the
Caledonia Service Area or the area serviced in Gaines in accordance with the City/Gaines
Service Agreement. All costs reasonably incurred by Byron and Gaines in accordance with this
paragraph shall be reimbursed by Caledonia to Byron and Gaines.
9.
Ownership of Caledonia Township Extension.
Caledonia shall own that
portion of the Caledonia Township Extension located east of the first manhole in the Caledonia
Township Extension west of Patterson Avenue (the “First Manhole”). Byron and Gaines shall
own, as part of the Joint Byron/Gaines Sewer System, the First Manhole and that portion of the
Caledonia Township Extension located west of the First Manhole. Caledonia agrees to convey
title to the First Manhole and that portion of the Caledonia Township Extension lying west of the
First Manhole to Byron and Gaines using mutually acceptable instruments of conveyance, upon
the reasonable request of Byron and Gaines.
10.
Operation, Maintenance and Repair of Caledonia Township Extension;
Hydrogen Sulfide Monitoring.
a.
The First Manhole and the portion of the Caledonia Township Extension
located west of the First Manhole will be operated, maintained and repaired by the Byron-Gaines
Utility Authority (the “Authority”) as part of the Joint Byron/Gaines Sewer System in
accordance with the existing Operation and Maintenance Agreement for the Byron/Gaines Water
Supply System and Sewage Disposal System dated as of July 1, 2003 by and between Byron,
Gaines and the Authority, as such agreement may be amended from time to time (the “Authority
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7
O&M Agreement”). The Parties acknowledge that in performing its obligations and duties under
the Authority O&M Agreement, the Authority is required to exercise the due care normally and
reasonably provided with respect to the operation, maintenance and repair of publicly owned
sanitary sewer systems. Caledonia acknowledges receipt of a copy of the Authority O&M
Agreement.
b.
Caledonia, at the sole expense of Caledonia, shall operate, maintain and
repair the Caledonia Collection System and that portion of the Caledonia Township Extension
located east of the First Manhole, including the Master Meter. In performing these operation and
maintenance responsibilities, Caledonia shall exercise the due care normally and reasonably
provided with respect to the operation, maintenance and repair of publicly owned sanitary sewer
systems.
c.
Caledonia, at the sole expense of Caledonia, shall operate, maintain, repair
and as needed, replace an appropriate device to monitor and log the concentration of Hydrogen
Sulfide (H2S) gas at the Point of Connection, or if agreeable to Byron and Gaines, some other
location along the Caledonia Township Extension.
The H2S gas concentrations shall be
measured at the elevation of the top of the sewer pipe(s) that are connected as part of the
Caledonia Township Extension to the manhole at which the monitoring is performed. The
monitor and logging device shall be capable of measuring and logging H2S gas concentrations
with a resolution of one (1) part per million (“ppm”) and with an accuracy of two percent (2%).
H2S gas concentrations shall be recorded every ten (10) minutes during monitoring periods. All
recorded data is to be provided to Byron and Gaines. Byron and Gaines shall have the right to
verify the testing and calibration of the monitor from time to time. If Byron and Gaines disagree
with the calibration or similar issues relating to the monitor, Caledonia shall resolve, at the sole
cost of Caledonia, the concerns expressed by Byron and Gaines, to the reasonable satisfaction of
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8
Byron and Gaines. During the first year the Caledonia Township Extension is in service (the
“First Year”) monitoring shall occur for a minimum of two (2) weeks per month. If, after the
First Year or any subsequent 12-month period of monitoring, H2S concentrations do not exceed
nine (9) ppm but exceed three (3) ppm, monitoring shall continue to occur for a minimum of two
(2) weeks per month. If, after the First Year or any subsequent 12-month period of monitoring,
H2S concentrations do not exceed three (3) ppm, monitoring shall continue to occur two (2)
weeks in each of the months of July and August in each year thereafter. If H2S concentrations
over nine (9) ppm are detected daily for any five (5) day period, then monitoring shall be
increased to occur continuously and Caledonia shall promptly determine, and within four (4)
months implement, appropriate measures to reduce H2S concentrations such that concentrations
over 9 ppm are not detected. Monitoring shall occur continuously any time measures are being
implemented to reduce H2S concentrations.
If corrosion of sewer components is found to be occurring in the Anderson Drain Sewer,
Byron, Gaines, and Caledonia agree to work together in good faith to determine sources of H2S
gas in the Anderson Drain Sewer, and reevaluate the above H2S monitoring requirements and
the above H2S concentration limits.
d.
The repair of a sewer element, as distinguished from the rehabilitation or
replacement of a sewer element, is discussed by Paragraph 12c.
11.
Caledonia Share of Operation, Maintenance and Repair Expense of
Byron/Gaines System. As partial consideration for this Agreement, Caledonia shall pay to
Byron and Gaines on a monthly basis one-twelfth of Caledonia’s share of the annual operation,
maintenance and repair budget of the Joint Byron/Gaines Sewer System which is attributable to
the Anderson Drain Trunk Sewer, the First Manhole and that portion of the Caledonia Township
Extension located west of the First Manhole (the “Caledonia O&M Share”). The Caledonia
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9
O&M Share shall be determined in accordance with the methodology attached to this Agreement
as Exhibit C. The obligation by Caledonia to pay the Caledonia O&M Share shall commence
upon the date of the written notice provided by Gaines to Caledonia in accordance with
Paragraph 7. Caledonia shall have 30 days from the date of receipt to pay the monthly invoice
received from Byron or Gaines, or from the Authority on their behalf, for the Caledonia O&M
Share. In the event Caledonia fails to pay a monthly invoice when due, a late fee penalty shall be
added to the amount due of 1% per month until the amount due is paid in full.
Following the completion of each fiscal year applicable to the Joint Byron/Gaines Sewer
system, the annual Caledonia O&M Share for the completed fiscal year shall be subject to
adjustment, upwards or downwards, based on the comparison of audited operation, maintenance
and repair expenses to the actual activity reported by the Authority in its Work Plan (as
referenced in Exhibit C) for the Joint Byron/Gaines Sewer System.
Based upon this
reconciliation, Caledonia agrees to pay any supplemental invoice for an increase in the annual
Caledonia O&M Share on the terms set forth in the preceding paragraph. In the alternative,
Byron and Gaines agree to reimburse, or cause the Authority to reimburse on their behalf, in
either case within thirty (30) days following the completion of the reconciliation, any
overpayment found to be owing to Caledonia.
Byron and Gaines shall promptly provide, or cause the Authority to promptly provide, to
Caledonia the annual (1) calculation of the Caledonia O&M Share and (2) budget or rate
documentation related to the Joint Byron/Gaines Sewer System.
12.
Rehabilitation and Replacement.
a.
Caledonia shall be solely responsible to pay the cost of rehabilitation and
replacement, including all related engineering, permitting and other costs, if necessary, of the
{01505023 1 }
10
Caledonia Collection System, the Master Meter and that portion of the Caledonia Township
Extension located east of the First Manhole, and all individual components of the foregoing.
b.
In the event that the First Manhole, that portion of the Caledonia
Township Extension located west of the First Manhole, or the Anderson Drain Trunk Sewer, or
any individual component thereof, require rehabilitation or replacement for any reason, the cost
of the rehabilitation or replacement, including all related engineering, permitting and other costs,
shall be allocated between the Parties in the following manner:
(1)
The cost of a single rehabilitation or replacement event which is
$5,000 or less, shall be paid by the Authority as part of the annual expense of operating and
maintaining the Joint Byron/Gaines Sewer System, for which Caledonia shall pay the Caledonia
O&M Share in accordance with Paragraph 11.
(2)
A portion of the cost of a single rehabilitation or replacement event
which exceeds $5,000 and which does not result in an increase in capacity shall be allocated to
Caledonia based on the percentages of Caledonia’s share of cost shown on Exhibit D. The
remainder of the cost shall be allocated to Gaines and, if applicable, other communities.
(3)
In the event the cost of a single rehabilitation or replacement event
which results in an increase of capacity in the infrastructure being replaced exceeds $5,000, the
Parties agree to negotiate in good faith to determine an equitable allocation of the cost of the
rehabilitation or replacement.
In all circumstances, the cost of a single rehabilitation or replacement event shall include
the cost of design engineering, permitting, inspection, acquisition and construction.
Each Party agrees to provide as much advance notice of a rehabilitation or replacement
event as is reasonably possible after the need for a rehabilitation or replacement has been
identified.
{01505023 1 }
11
c.
For the sake of clarity, a repair of an existing sewer element includes,
without limitation, the correction of a leaky pipe joint, a rehabilitation of an existing sewer
element includes, without limitation, restoration of a sewer element as an alternative to
replacement, for example, pipe slip-lining, and the replacement of an existing sewer element
includes the removal and replacement of an existing sewer element, for example, the removal of
the existing sewer pipe and the installation of a new length of pipe in its place. As used in the
preceding sentence, a sewer element is any component of a public sanitary sewer system
including all pipes, manholes, forcemains, pumps, controls and appurtenances thereto.
13.
Consent to Use of Public Rights of Way. Gaines hereby agrees and consents to
the use of the streets, highways, alleys, other public places and easements located within the
municipal limits of Gaines by Caledonia for the purpose of constructing, operating, maintaining,
using, repairing, rehabilitating and/or replacing therein, the Caledonia Township Extension. This
consent is intended to satisfy all requirements for consent applicable by the terms of Section 29,
Article VII of the Michigan Constitution of 1963 and, in addition, is intended to supersede the
provisions of any existing agreement or ordinance to the contrary. Gaines, upon request, shall
execute separate instruments granting permanent easements and rights-of-way to Caledonia in
any public right-of-way or other public lands located within the municipal limits of Gaines for
the purpose of constructing, operating, maintaining, using, repairing, rehabilitating and/or
replacing the Caledonia Township Extension. Gaines agrees to assist Caledonia, at the sole cost
of Caledonia, in obtaining any easements and rights-of-way over private property which may be
necessary for the Caledonia Township Extension.
In the event of construction, operation, maintenance, use, repair, rehabilitation and/or
replacement of the Caledonia Township Extension by Caledonia within such easements or rightsof-way, Caledonia shall restore the rights-of-way and/or easements (including all facilities,
{01505023 1 }
12
pavement and soil located thereon) to as good a condition as existed before such construction,
operation, maintenance, use, repair, rehabilitation and/or replacement occurred. To the extent
permitted by state law, Caledonia agrees to save and hold Byron and Gaines harmless from any
and all liability, claims, suits, or causes of action for bodily injury and/or property damage
arising out of Caledonia’s acts or omissions in the construction, operation, maintenance, use,
repair, rehabilitation and/or replacement of the Caledonia Township Extension during the term of
this Agreement. Caledonia shall pay all costs attributable to the acquisition of easements and
interests in land necessary for the Caledonia Township Extension, including, without limitation,
the cost of design and construction, engineering and inspection, site, easement and right-of-way
acquisition, legal, financial, administrative and all similar directly related costs.
14.
Caledonia Subject to Rules, Regulations and Restrictions. Caledonia, with
respect to the Caledonia Collection System located within the Caledonia Service Area, shall be
subject to all rules, regulations, restrictions and requirements that apply to the Joint
Byron/Gaines Sewer System.
Caledonia agrees to adopt ordinances with such use and
pretreatment restrictions which are not less restrictive than those ordinance provisions in place
from time to time in Gaines with regard to the Joint Byron/Gaines Sewer System. In the event of
an amendment to existing Gaines ordinances, Gaines shall provide reasonable advance notice to
Caledonia of such changes and the need therefore and, upon receipt of such notice, Caledonia
agrees to implement such changes by amending its sewer use ordinance in a reasonable period of
time.
The Parties also acknowledge that Caledonia will be subject to rules, regulations,
restrictions and requirements imposed by the City in accordance with City Addendum I and the
City Wholesale Sewer Agreement.
15.
Inspection of Caledonia Records. All records of Caledonia with respect to the
Caledonia Service Area, the Caledonia Collection System and the discharge of sanitary sewage
{01505023 1 }
13
from the Caledonia Service Area by the Caledonia Township Extension shall be available for
inspection and copying by representatives of Byron, Gaines and the Authority upon reasonable
advance notice.
16.
Insurance.
a.
Minimum Insurance Coverages for Joint Byron/Gaines Sewer System.
Byron and Gaines shall require the Authority to provide and maintain, as a cost of the operation
and maintenance of the Joint Byron/Gaines System, the minimum insurance coverages required
by Paragraph 9b of the Authority O&M Agreement, with all such coverage to be extended to
include the First Manhole and that portion of the Caledonia Township Extension located in
Gaines west of the First Manhole. Caledonia, together with its respective officers, employees
and agents, shall be listed as an additional named insured on all insurance policies purchased by
the Authority in accordance with this Agreement.
b.
Minimum Insurance Coverage to be Provided by Caledonia.
Caledonia shall provide and maintain at its expense insurance for the Caledonia Collection
System located in the Caledonia Service Area and that portion of the Caledonia Township
Extension located east of the First Manhole, including the Master meter and sampling station, of
the types and in the following minimum insurance coverages:
(1)
Property and Premises Liability Coverage on all insurable system
(2)
Comprehensive General Liability Insurance with a minimum limit
assets.
of four million dollars ($4,000,000) per occurrence and four million dollars ($4,000,000)
aggregate.
(3)
Workers Compensation Insurance in compliance with the statutes
of the State of Michigan which has jurisdiction of Caledonia employees with statutory coverage.
{01505023 1 }
14
(4)
Automobile Liability Insurance (owned, non-owned or hired units)
with a minimum combined single coverage limit of one million dollars ($1,000,000).
(5)
Sanitary Sewer Backup Insurance to the extent available on
commercially reasonable terms as determined by Caledonia.
(6)
Other insurance to protect the interests of Caledonia and the
officers, employees and agents thereof against loss or damage of the comprehensive type
customarily carried by municipalities with respect to public sanitary sewer systems, including
without limitation public officials errors and omissions, employee benefits, boiler and
machinery, fidelity bonds, crime coverage, inland marine coverage which shall include electronic
data processing and portable equipment and contractual liability.
The Authority, Byron and Gaines, together with their respective officers, officials,
employees and agents shall be listed as additional named insureds on all insurance policies
purchased by Caledonia in accordance with this Agreement.
17.
Sewage Disposal System Event Procedures.
a.
In general, the Parties shall be immune from tort liability for the overflow
or backup of sanitary sewage from either the Joint Byron/Gaines System, the Caledonia
Collection System or the Caledonia Township Extension unless the overflow or backup of
wastewater is a “sewage disposal system event” as defined in Act 222 of the Public Acts of
Michigan of 2001, as amended (“Act 222”).
b.
In accordance with the Authority O&M Agreement, the Authority shall
administer, in compliance with the requirements of Act 222, uniform notice and claim
procedures for sewage disposal system events in the Joint Byron/Gaines System, which, in
accordance with Paragraph 9, shall include the First Manhole and that portion of the Caledonia
Township Extension located in Gaines west of the First Manhole. Byron and Gaines agree to
{01505023 1 }
15
require the Authority to provide prompt written notice to Caledonia in the event a claim is made
against the Authority or one of the Parties as a result of a “sewage disposal system event,” as
defined in Act 222.
c.
Damage or compensation payable in accordance with the requirements of
Act 222 with respect to a sewage disposal system event in the Joint Byron/Gaines System shall
be paid, except to the extent provided by subparagraph d, by, or at the direction of, the Authority
either as an expense of the Joint Byron/Gaines System or from the proceeds of sanitary sewer
backup insurance provided and maintained by the Authority in accordance with Paragraph 9b of
the Authority O&M Agreement, or a combination thereof.
d.
If a sewage disposal system event occurs with respect to the Joint
Byron/Gaines System as a result of a defect in the Caledonia Collection System or that portion of
the Caledonia Township Extension located east of the First Manhole, including the Master Meter
and sampling station, and, if ninety (90) or more days prior to the occurrence of the sewage
disposal system event, the Authority, Byron or Gaines notified Caledonia in writing of the
defect, and Caledonia failed to correct the defect, then the damage or compensation payable in
accordance with the requirements of Act 222 for the sewage disposal system event shall be paid
by Caledonia.
e.
Damage or compensation payable in accordance with the requirements of
Act 222 with respect to a sewage disposal system event in the Caledonia Collection System or
that portion of the Caledonia Township Extension located east of the First Manhole, including
the Master Meter and sampling station, shall be paid by, or at the direction of, Caledonia as an
expense of the Caledonia Sewer System or from the proceeds of sanitary sewer backup insurance
provided and maintained by Caledonia in accordance with Paragraph 16b, or a combination
thereof.
{01505023 1 }
16
18.
Operating Liability. Each of the Parties will attempt to provide and maintain
regular and uninterrupted service under this Agreement, but shall not be liable for any claim,
liability, damage, cost, or expense (including attorneys’ fees) to any other Party, the customers of
the Joint Byron/Gaines Sewer System or the Caledonia Collection System, or any other party
caused by interruptions of service, line breaks, a sewage disposal system event (except to the
extent required by Act 222, and then in accordance with Paragraph 17) or any other cause. The
Parties agree that the facilities and service provided under this Agreement are a governmental
function as defined in Act 170 of the Public Acts of Michigan of 1964, as amended.
19.
Payment of Costs Incurred by Byron and Gaines. Caledonia shall pay all costs
incurred by Byron and Gaines in connection with the negotiation and execution of this
Agreement including, without limitation, the cost of legal, engineering and similar expenses.
20.
Consent and Acknowledgement by Gaines. This Agreement constitutes the
consent by Gaines for all purposes of the City/Gaines Service Agreement with respect to the
entry by Caledonia into the City Wholesale Sewer Agreement and City Addendum I.
In
addition, Gaines acknowledges and consents that, under the terms and limitations of the City
Wholesale Sewer Agreement and City Addendum I, Caledonia may, in its discretion, elect to
only send a portion of the sanitary sewage which originates in the Caledonia Service Area to the
City for treatment and that, accordingly, Caledonia may, in its discretion, continue to send a
portion of the sanitary sewage which originates in the Caledonia Service Area to the Village of
Caledonia for treatment.
21.
Acts of God. The Parties hereto shall be excused from any liability, damage
and/or material breach of this Agreement caused by riot, strike, disaster, war, act of God, or other
causes beyond their reasonable control.
{01505023 1 }
17
22.
Enforcement. Any party may enforce the terms of this Agreement by way of an
action for specific performance in Kent County Circuit Court.
23.
Alternate Dispute Resolution. The Parties may mutually agree upon an alternate
dispute resolution mechanism for resolving any disputes which may arise under this Agreement.
24.
Term of Agreement. The Agreement shall terminate upon the earlier of (A) the
final date of the term of the City/Gaines Service Agreement, as the term of the City/Gaines
Service Agreement is extended or earlier terminated in accordance with the terms of the
City/Gaines Service Agreement, or (B) the final date of the term of the City Wholesale Sewer
Agreement applicable to the Township, as the term of the City Wholesale Sewer Agreement
applicable to the Township is extended or earlier terminated in accordance with the terms of the
City Wholesale Sewer Agreement.
25.
Transition Upon Termination.
In recognition of the practical difficulties
presented upon the termination of this Agreement, the Parties agree to work together in good
faith to resolve any financial, legal and operational difficulties that are caused by or arise as a
result of the termination of this Agreement, including the continued need for treatment of
sanitary sewage which originates from the Caledonia Service Area.
26.
Notices. All notices required or permitted by this Agreement shall be in writing
and shall be delivered personally or sent by ordinary mail properly addressed with sufficient
postage prepaid, to the following addresses, or such other address or addresses as shall be
specified in writing by the Parties hereto from time to time:
If to the Charter Township of Gaines:
Charter Township of Gaines
Attention: Supervisor
8555 Kalamazoo Ave. SE
Caledonia, Michigan 49316-8270
{01505023 1 }
18
If to the Township of Byron:
Township of Byron
Attention: Supervisor
8085 Byron Center Ave. SW
Byron Center, Michigan 49315-9401
If to the Charter Township of Caledonia:
Charter Township of Caledonia
Attention: Supervisor
8196 Broadmoor Ave. SE
Caledonia, MI 49316-9509
A copy of all notices provided to a Party shall be delivered in the manner set forth above
to:
Byron-Gaines Utility Authority
Attention: Manager
1381 84th St., S.E.
Byron Center, MI 49315
27.
Definition of Sanitary Sewage. Sanitary Sewage shall mean any liquid or water
carried waste received from residential, commercial and industrial customers including domestic
sewage, industrial wastes and any infiltration or inflow as may be present.
28.
Miscellaneous. This Agreement shall inure to the benefit of and be binding upon
the Parties hereto and their respective successors and permitted assigns. This Agreement has
been executed in the State of Michigan and shall be governed by Michigan law. This Agreement
may only be amended pursuant to a written document executed by all of the Parties hereto. The
waiver by any Party hereto of a breach or violation of any provision of this Agreement shall not
be a waiver of any subsequent breach of the same or any other provision of this Agreement. If
any section or provision of this Agreement is unenforceable for any reasons, the unenforceability
thereof shall not impair the remainder of this Agreement, which shall remain in full force and
effect. It is contemplated that this Agreement shall be executed in multiple counterparts, all of
which together shall be deemed to be one contract.
{01505023 1 }
19
This Agreement represents the entire
understanding and agreement between the Parties hereto with regard to the matters addressed
herein. All prior oral or, except to the extent provided herein, written understandings and
agreements with regard to the matters addressed herein are specifically merged herein. The
captions in this Agreement are for convenience only and shall not be considered as a part of this
Agreement or in any way to amplify or modify the terms and provisions hereof. This Agreement
shall be enforceable only by the Parties hereto and their successors in interest by virtue of an
assignment which is not prohibited under the terms of this Agreement, and no other person shall
have the right to enforce any of the provisions contained herein. The Parties acknowledge that
each Party has had the opportunity to participate in the drafting of this Agreement. As a result,
in the event of any ambiguity in this Agreement, it shall not be interpreted for or against any
Party on account of the drafting by any Party. All Exhibits attached hereto are incorporated
herein by reference as though fully stated herein.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
and delivered by their respective duly authorized officers, all as of the day and year first written
above.
CHARTER TOWNSHIP OF GAINES
By: ____________________________________
Donald R. Hilton, Sr.
Its Supervisor
By: ____________________________________
Crystal Osterink
Its Clerk
TOWNSHIP OF BYRON
By: ____________________________________
Audrey Nevins-Weiss
Its Supervisor
{01505023 1 }
20
By: ____________________________________
Joel Hondorp
Its Clerk
CHARTER TOWNSHIP OF CALEDONIA
By: ____________________________________
Bryan Harrison
Its Supervisor
By: ____________________________________
Jennifer Christian
Its Clerk
{01505023 1 }
21
{01505023 1 }
{01505023 1 }
Exhibit C
Sample Computation of Caledonia Share of
Operation and Maintenance Expense
of Joint Byron/Gaines Sewer System
The Caledonia O&M Share shall be determined in the following manner:
First, Byron and Gaines shall cause the Authority to determine the percentage of the
annual Work Plan under the Authority O&M Agreement that is attributable to the operation,
maintenance and repair of the Joint Byron/Gaines Sewer System.
Second, the percentage so determined shall be applied against the annual Authority
Operation and Maintenance Budget with the result being the annual Authority Operation and
Maintenance Budget for the Joint Byron/Gaines Sewer System.1
Third, the Caledonia O&M Share shall be determined by multiplying the annual
Authority Operation and Maintenance Budget for the Joint Byron/Gaines Sewer System by the
pro rata length of sanitary sewer in the Joint Byron/Gaines Sewer System in use by Caledonia, as
follows:
Total lineal feet of the
Anderson Drain Trunk Sewer
that will transport
Caledonia Sanitary Sewage
+
Total lineal feet of
Caledonia Township Extension
located in Gaines west of
the First Manhole
Divided By:
Total lineal feet of
sanitary sewer in Joint
Byron/Gaines Sewer System
(including Anderson Drain
Trunk Sewer)
+
Total lineal feet of
Caledonia Township Extension
located in Gaines west of
the First Manhole
Multiplied By:
Annual Operation and Maintenance Budget of
Joint Byron/Gaines Sewer System (as determined above)
Equals:
Caledonia O&M Share
NOTE:
1
The annual Authority Operation and Maintenance Budget does not include rehabilitation and
replacement (within the meaning of Paragraph 12c of the Sanitary Sewage Transportation
Agreement to which this Exhibit C is attached) expenses in excess of $5,000 for a single
rehabilitation or replacement event because such rehabilitation and replacement expenses are
budgeted by the Authority in a separate Capital Improvement Budget.
{01505023 1 }
{01505023 1 }
EXHIBIT C
{01520455 1 }
GRAPIDS 60855-272 300241v2
C-1
CW02
DATE:
March 4, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Committee of the Whole
Gregory A. Sundstrom, City Manager
FROM:
Catherine M. Mish
City Attorney
SUBJECT:
Ordinance Amendment Repealing Section 9.136(3) of the City
Code Regarding Fortune Telling
Currently, Title IX of the City Code, entitled “Police Regulations”, contains a Chapter
152 “Disorderly Conduct,” Article 1 “In General”, Section 9.136 “Miscellaneous
Provisions.” This section of the City Code was last amended in 1978.
City Code Section 9.136(3) currently prohibits any person from engaging in fortune
telling or pretending to tell fortunes for hire, gain or reward. Section 9.136 currently
provides as follows:
“Sec. 9.136. - Miscellaneous Offenses.
No person shall:
(1)
Engage in peeping in the windows of any inhabited place.
(2)
Make an indecent exposure of his or her person.
(3)
Engage in fortune telling or pretend to tell fortunes for hire, gain or reward.
(4)
Knowingly engage in or advertise any business which offers as its
principal activity the providing of nude models for artists or photographers.
(5)
Fire or shoot any air gun, spring gun, bow and arrow, slingshot or other
dangerous weapon or instrument in any street, avenue, alley, public place or in
any place in such a manner as to endanger or be likely to endanger any person
or property.
(6)
Loiter in any public building or in any other building or premises owned by
another person after having been requested to leave by the lawful owner or
occupant or a representative of the owner or occupant.”
I recommend that the City Commission repeal City Code Section 9.136(3) and renumber the following sub-sections. The telling of fortunes within the City of Grand
Rapids does not seem to present a significant public safety problem, and the issue no
longer merits inclusion in the City Code.
The attached ordinance would therefore repeal Section 9.136(3) of City Code, and
would re-number the following sub-sections. The attached resolution would authorize
publication of the proposed ordinance amendment as part of the proceedings and would
schedule a vote on consideration of adoption for March 25, 2014.
Please place this item on the next available agenda of the Committee of the Whole.
Thank you.
YOUR COMMITTEE OF THE WHOLE recommends adoption of the following
resolution providing for the publication of a proposed ordinance amending Section 9.136 of
Chapter 152 of Title IX of the Code of the City of Grand Rapids.
_____________________________________
CORRECT IN FORM
_____________________
_____________________________________
DEPARTMENT OF LAW
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
COMMITTEE OF THE WHOLE
Com. __________________, supported by Com. ___________________, moved
adoption of the following resolution:
RESOLVED that:
1.
The attached ordinance amending Section 9.136 of Chapter 152 of Title IX
of the Code of the City of Grand Rapids shall be published as part of the
proceedings; and
2.
Pursuant to Section 10 of Title V of the City Charter, the City Clerk shall
publish the attached ordinance in a newspaper of general circulation in the
City; and
3.
The proposed ordinance shall be considered for adoption on March 25,
2014.
Drafted by Catherine M. Mish, City Attorney
AN ORDINANCE TO AMEND SECTION 9.136 OF CHAPTER 152 OF TITLE IX OF
THE CODE OF THE CITY OF GRAND RAPIDS.
ORDINANCE NO. 14THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:
Section 1.
That Section 9.136 of Chapter 152 of Title IX of the Grand Rapids
City Code be and is hereby amended in its entirety, to read as follows:
“Sec. 9.136. - Miscellaneous Offenses.
No person shall:
(1)
Engage in peeping in the windows of any inhabited place.
(2)
Make an indecent exposure of his or her person.
(3)
Knowingly engage in or advertise any business which offers as its
principal activity the providing of nude models for artists or photographers.
(4)
Fire or shoot any air gun, spring gun, bow and arrow, slingshot or other
dangerous weapon or instrument in any street, avenue, alley, public place or in
any place in such a manner as to endanger or be likely to endanger any person
or property.
(5)
Loiter in any public building or in any other building or premises owned by
another person after having been requested to leave by the lawful owner or
occupant or a representative of the owner or occupant.”
Drafted by Catherine M. Mish, City Attorney
Yeas
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
CW03
DATE:
March 4, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Committee of the Whole
Gregory A. Sundstrom, City Manager
FROM:
Catherine M. Mish
City Attorney
SUBJECT:
Ordinance Amendment Repealing Section 9.193 of the City
Code Regarding “Birds and Birds’ Nests”
Currently, Title IX of the City Code, entitled “Police Regulations”, contains a Chapter
155 entitled “Animals,” which in turn contains an Article 1 “General Provisions”, and a
Section 9.193 “Birds and Birds’ Nests.” This section of the City Code was last amended
in 2003, during a comprehensive re-write of Chapter 155 “Animals”. Section 9.193
currently provides as follows:
“Sec. 9.193. - Birds and Birds' Nests.
No person except a police officer acting in his or her official capacity, shall
molest, injure, kill or capture any wild bird, or molest or disturb any wild bird's
nest or the contents thereof.”
This City Code language is likely an echo from prior, long-repealed City Code language
that once governed the shooting of birds. See Ord. 1967-11, Section 9.176 “Shooting
Protected Birds, Animals” (enacted April 25, 1967), and repealed by Ord. 2006-15,
(enacted April 11, 2006).
Under Section 9.193 of the City Code, as currently written, a private homeowner would
commit a criminal misdemeanor offense if he or she removed a birds’ nest from the
eaves of their front porch, or from the attic of their private residence, where the birds
might be causing property damage. Because there does not currently seem to be a
problem in the City requiring special code language to protect birds’ nests, I recommend
that the City Commission repeal Section 9.193 of the City Code as outdated language.
Even if Section 9.193 is repealed, birds will remain protected by City Code Section
9.191, which states that “no person shall cruelly treat or abuse any animal or bird.”
Birds would also remain protected under City Code Section 9.192, which states that “no
person shall throw or deposit any poisonous substance on any exposed public or
private place where it endangers, or is likely to endanger, any animal or bird.”
The attached ordinance would therefore repeal Section 9.193 “Birds and Birds’ Nests”
of City Code. The attached resolution would authorize publication of the proposed
ordinance repeal as part of the proceedings and would schedule a vote on
consideration of adoption for March 25, 2014.
Please place this item on the next available agenda of the Committee of the Whole.
Thank you.
YOUR COMMITTEE OF THE WHOLE recommends adoption of the following
resolution providing for the publication of a proposed ordinance repealing Section 9.193 of
Chapter 155 of Title IX of the Code of the City of Grand Rapids.
_____________________________________
CORRECT IN FORM
_____________________
_____________________________________
DEPARTMENT OF LAW
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
COMMITTEE OF THE WHOLE
Com. __________________, supported by Com. ___________________, moved
adoption of the following resolution:
RESOLVED that:
1.
The attached ordinance repealing Section 9.193 of Chapter 155 of Title IX of
the Code of the City of Grand Rapids shall be published as part of the
proceedings; and
2.
Pursuant to Section 10 of Title V of the City Charter, the City Clerk shall
publish the attached ordinance in a newspaper of general circulation in the
City; and
3.
The proposed ordinance shall be considered for adoption on March 25,
2014.
Drafted by Catherine M. Mish, City Attorney
AN ORDINANCE TO REPEAL SECTION 9.193 OF CHAPTER 155 OF TITLE IX OF
THE CODE OF THE CITY OF GRAND RAPIDS.
ORDINANCE NO. 14THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:
Section 1.
That Section 9.193 of Chapter 155 of Title IX of the Grand Rapids
City Code be and is hereby repealed in its entirety.
Drafted by Catherine M. Mish, City Attorney
Yeas
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
CW04
DATE:
March 4, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Committee of the Whole
Gregory A. Sundstrom, City Manager
FROM:
Catherine M. Mish
City Attorney
SUBJECT:
Ordinance Amendment Repealing Chapter 66 of the City Code
“Natural and Artificial Drains”
Currently, Title V of the City Code, entitled “Zoning and Planning”, contains a Chapter
66 entitled “Natural and Artificial Drains.” This section of the City Code was adopted in
1969, and has not been amended since. Chapter 66 currently provides as follows:
“Chapter 66 - NATURAL AND ARTIFICIAL DRAINS
Sec. 5.366. - Interference with Natural or Artificial Drains.
It shall be unlawful for any person to stop, fill up, confine, pave, alter the
course of or otherwise interfere with any drain, ditch, watercourse or drainage
facility, natural or artificial, within the City of Grand Rapids without first submitting
suitable Plans thereof to the City Commission and obtaining its approval. Said
plans, when so approved, shall be filed with the City Engineer where the same
shall be available for public inspections. No drain, ditch, watercourse or drainage
facility shall be constructed, altered, stopped, filled up, confined, paved, or
otherwise interfered with except in strict accordance with plans so approved by
the City Commission, or with further plans subsequently approved by it in the
same manner.
Sec. 5.367. - Responsibility and Liability.
The City of Grand Rapids shall have no responsibility or liability with respect
to conditions arising as a result of the approval of any such Plans or the failure
on the part of any person to comply with the requirements of this Section.”
I recommend that the City Commission repeal Chapter 66 of the city Code, because it
duplicates language already contained in another Chapter of the City Code.
Currently, Title II of the City Code, entitled “Utilities and Services”, contains a Chapter
32 entitled “City Stormwater Drainage System,” which in turn contains a Section 2.233
“Interference with Natural or Artificial Drains.” This section of the City Code was
adopted in 2001 and last amended in 2007. The language of Chapter 32 provides as
follows:
“Sec. 2.233. Interference with Natural or Artificial Drains.
(1)
It shall be unlawful for any person to stop, fill, dam, confine, pave, alter
the course of, or otherwise interfere with any natural or constructed drain, ditch,
watercourse or drainage facility that is a part of the CSDS without first submitting
a suitable plan and receiving a permit from the City Manager.
(2)
Nothing in this Section shall preclude emergency action taken to prevent
or mitigate conditions that would be injurious to the environment, the public
health, safety or welfare. Any emergency action taken, which interferes or
modifies any natural or artificial drain, shall be reported to the City Manager upon
occurrence and a detailed report of the actions taken shall be filed within five (5)
days. The report shall include location, date and time thereof, type of action and
corrective actions taken. Failure to notify the City Manager immediately and the
failure to file a report shall be considered a separate violation of this Chapter.”
As you can see from the above, the language of Chapter 66 is substantially similar to
the language of Chapter 32, Section 2.233. I recommend eliminating the duplicate
language from the City Code. The older, stand-alone Chapter 66 should be eliminated.
The newer language, integrated within a larger and more comprehensive Chapter 32,
should be retained.
The attached ordinance would therefore repeal Chapter 66 of City Code to eliminate the
Chapter titled “Natural and Artificial Drains.” The attached resolution would authorize
publication of the proposed ordinance repeal as part of the proceedings and would
schedule a vote on consideration of adoption for March 25, 2014.
Please place this item on the next available agenda of the Committee of the Whole.
Thank you.
YOUR COMMITTEE OF THE WHOLE recommends adoption of the following
resolution providing for the publication of a proposed ordinance repealing Chapter 66 of
Title V of the Code of the City of Grand Rapids.
_____________________________________
CORRECT IN FORM
_____________________
_____________________________________
DEPARTMENT OF LAW
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
COMMITTEE OF THE WHOLE
Com. __________________, supported by Com. ___________________, moved
adoption of the following resolution:
RESOLVED that:
1.
The attached ordinance repealing Chapter 66 of Title V of the Code of the
City of Grand Rapids shall be published as part of the proceedings; and
2.
Pursuant to Section 10 of Title V of the City Charter, the City Clerk shall
publish the attached ordinance in a newspaper of general circulation in the
City; and
3.
The proposed ordinance shall be considered for adoption on March 25,
2014.
Drafted by Catherine M. Mish, City Attorney
AN ORDINANCE TO REPEAL CHAPTER 66 OF TITLE V OF THE CODE OF THE
CITY OF GRAND RAPIDS.
ORDINANCE NO. 14THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:
Section 1.
That Chapter 66 of Title V of the Grand Rapids City Code be and is
hereby repealed in its entirety.
Drafted by Catherine M. Mish, City Attorney
Yeas
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
CW05
DATE:
March 4, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Committee of the Whole
Gregory A. Sundstrom, City Manager
FROM:
Catherine M. Mish
City Attorney
SUBJECT:
Ordinance Amendment Regarding Spitting in a Public Place
Currently, Title IX of the City Code, entitled “Police Regulations”, contains a Chapter
152 “Disorderly Conduct,” Article 1 “In General”, Section 9.133 “Property Offenses”.
Subsection (9) of Section 9.133 prohibits spitting in any public place. This language
was written into the City Code in 1976, as a revision of the prior 1965 City Code
language. City Code Section 9.133(9) currently provides as follows:
“Sec. 9.133. - Property Offenses.
No person shall:
***
(9) Expectorate, urinate, defecate or perform any other act which creates a
hazardous or deleterious condition in any public place or upon the property of
any other person. This subsection shall not apply to public restroom facilities.
I recommend deleting the word “expectorate” from Section 9.133(3), so that it would no
longer be a violation of the Grand Rapids City Code to spit in a public place. Historical
research indicates that this language was added to the City Code in an era when the
use of chewing tobacco was quite prevalent, and spittoons were a common sight in
business establishments open to the public. The City Code language, however, did not
disappear as quickly as the spittoon. Because this City Code language appears to be
antiquated and no longer needed to ensure public health, safety, and welfare, I
recommend deleting the word “expectorate” from Section 9.133(9).
I have consulted the Kent County Health Department, to verify whether any public
health concerns would be implicated by potential repeal of this City Code provision.
Adam London, Administrative Health Officer for the Kent County Health Department,
issued the following statement in response to my inquiry:
“Spitting in public has long been regarded as a potential health threat, in addition
to having a negative social context. The health threat was connected to illness
and disease such as tuberculosis. There are still some health and safety threats
associated with spitting in public, i.e. influenza, slipping on spit, however, the
Kent County Health Department does not view spitting in public as a serious
health threat in this era. We also do not believe repealing the ban will result in an
increase in the number of people spitting in public.”
Because the Kent County Health Department does not raise any objection to the
ordinance amendment on public health grounds, I recommend deleting the identified
language from the City Code.
The attached ordinance would therefore amend Section 9.133(9) of City Code to
eliminate spitting in a public place as a criminal offense. The attached resolution would
authorize publication of the proposed ordinance revision as part of the proceedings and
would schedule a vote on consideration of adoption for March 25, 2014.
Please place this item on the next available agenda of the Committee of the Whole.
Thank you.
YOUR COMMITTEE OF THE WHOLE recommends adoption of the following
resolution providing for the publication of a proposed ordinance amending Section 9.133 of
Article 1 of Chapter 152 of Title IX of the Code of the City of Grand Rapids.
_____________________________________
CORRECT IN FORM
_____________________
_____________________________________
DEPARTMENT OF LAW
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
COMMITTEE OF THE WHOLE
Com. __________________, supported by Com. ___________________, moved
adoption of the following resolution:
RESOLVED that:
1.
The attached ordinance amending Section 9.133 of Article 1 of Chapter 152
of Title IX of the Code of the City of Grand Rapids shall be published as part
of the proceedings; and
2.
Pursuant to Section 10 of Title V of the City Charter, the City Clerk shall
publish the attached ordinance in a newspaper of general circulation in the
City; and
3.
The proposed ordinance shall be considered for adoption on March 25,
2014.
Drafted by Catherine M. Mish, City Attorney
AN ORDINANCE TO AMEND SECTION 9.133 OF CHAPTER 152 OF TITLE IX OF
THE CODE OF THE CITY OF GRAND RAPIDS.
ORDINANCE NO. 14THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:
Section 1.
That Section 9.133 of Article 1 of Chapter 152 “Disorderly Conduct”
of Title IX “Police Regulations” of the Grand Rapids City Code be and is hereby
amended to read as follows:
“Sec. 9.133. - Property Offenses.
No person shall:
(1)
Trespass upon the premises of another or unlawfully remain upon the
premises of another to the annoyance or disturbance of the lawful occupants.
(2)
Prowl about the premises of any other person in the nighttime without
authority or the permission of the owner of such premises.
(3)
Lurk, lie in wait or be concealed in any business, yard or other premises with
intent to commit any crime or offense whatsoever.
(4)
Wilfully, wantonly or recklessly damage, destroy, alter or deface public
property or the property of any other person.
(5)
Take or remove or attempt to take or remove any property not his or her
own.
(6)
Obtain or attempt to obtain goods or money by fraud, trick or under false
pretenses.
(7)
Meddle with, tamper with, interfere with, move, damage or disconnect any
property not his or her own.
(8)
Destroy, damage or in any manner alter or deface any drinking fountain or
public toilet or restroom; or deposit or throw any substance in any water
fountain for drinking; or in any manner pollute the water therein.
(9)
Urinate, defecate or perform any other act which creates a hazardous or
deleterious condition in any public place or upon the property of any other
person. This subsection shall not apply to public restroom facilities.
(10)
Affix, paste or otherwise attach to any vehicle owned by another person any
notice, poster, leaflet, broadside or other item or device which interferes with
the vision of the driver or causes or tends to cause damage to said vehicle.
This subsection shall not apply to parking violation notices placed on motor
vehicles by duly authorized representatives of the City or by law enforcement
officers of any other governmental unit when acting in the course of their
official duties.
(11)
Commit the following conduct:
a. Order, procure, or consume any food and/or beverage at any
restaurant, bar, café or any other type of establishment serving food
and/or drink;
b. Without paying therefore, except when credit is given therefore by
express agreement;
c. With intent to defraud such establishment out of the pay for the same.
d. In all prosecutions under this sub-section, prima facie evidence of
intent to defraud shall include the following:
(i) obtaining such food and/or beverage by false pretense; or
(ii) obtaining such food and/or beverage by false or fictitious show
of any method of payment; or
(iii) refusal, neglect or otherwise failure to pay therefore on demand;
or
(iv) payment thereof with a credit card, debit card, check, draft, or
order upon a bank or depository on which payment was refused or
otherwise declined; or
(v) absconding without paying or offering to pay therefore.
e. No conviction shall be had under the provisions of this subsection
unless complaint is made within 60 days of the time of the violation
hereof.”
Drafted by Catherine M. Mish, City Attorney
Yeas
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
ORD01
DATE:
March 4, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
City Commission
Gregory A. Sundstrom, City Manager
FROM:
Catherine M. Mish
City Attorney
SUBJECT:
Information Item Regarding the Proposed Ordinance
Amendment Repealing Chapter 158 of the City Code
Regarding Consumer Protection
The attached ordinance amendment proposal was presented to the City Commission for
a first reading on February 25, 2014. At that time, the City Commission voted to publish
the proposed ordinance amendment and scheduled a vote on consideration of adoption
for March 11, 2014.
Currently, Title IX of the City Code, entitled “Police Regulations”, contains a Chapter
158 entitled “Consumer Protection.” This Chapter of the City Code was adopted in
1978. The Chapter refers to the Department of Consumer Protection, which existed in
prior times, but which no longer exists within the City’s organizational chart.
Chapter 158 primarily addresses “weights and measures that are inaccurate, of faulty
construction, or facilitate the perpetration of fraud.” The Chapter instructs the Director
of the Consumer Protection Department to “conduct inspections and tests as
appropriate in order to verify the accuracy and correctness of ‘weights and measures’ in
use.” The Chapter also contains various restrictions regarding commodities sold by
weight or by liquid measure.
I recommend that the City Commission repeal Chapter 158 of the City Code, as this
Chapter is outdated and no longer of use in the City’s current operations.
Please place this item on the March 11, 2014 night meeting agenda of the City
Commission.
Thank you.
AN ORDINANCE TO REPEAL CHAPTER 158 “CONSUMER PROTECTION” OF TITLE
IX OF THE CODE OF THE CITY OF GRAND RAPIDS.
ORDINANCE NO. 14THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:
Section 1.
That Chapter 158 “Consumer Protection” of Title IX “Police
Regulations” of the Grand Rapids City Code be and is hereby repealed in its entirety.
Drafted by Catherine M. Mish, City Attorney
Yeas
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
ORD02
DATE:
March 4, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
City Commission
Gregory A. Sundstrom, City Manager
FROM:
Catherine M. Mish
City Attorney
SUBJECT:
Information Item Regarding the Proposed Ordinance
Amendment Concerning Taximeters
The attached ordinance amendment proposal was presented to the City Commission for
a first reading on February 25, 2014. At that time, the City Commission voted to publish
the proposed ordinance amendment and scheduled a vote on consideration of adoption
for March 11, 2014.
This agenda item is a companion item to the proposed ordinance amendment repealing
Chapter 158 of the City Code, entitled “Consumer Protection.”
Within Chapter 158, Section 9.289 “Taximeters” contains several provisions which
remain relevant to the operation and licensing of taxicabs within the City. The Licensing
Coordinator of the City Clerk’s office has therefore requested that if Chapter 158 is to be
repealed in its entirety, that language from Section 9.289 be inserted into Title VII of the
City Code, “Licensing and Regulation”, within Chapter 94 “Taxicabs”.
To accomplish this task, Section 7.100 would be amended and a new Section 7.106
would be added to Chapter 94. This ordinance amendment would not place any
additional duties or responsibilities onto licensed taxicab owners or drivers, and would
not place any additional duties or responsibilities onto the City’s Licensing Coordinator,
beyond those already set forth in the current City Code. This ordinance amendment
would simply consolidate all of the City Code provisions regarding taximeters into a
single location within the City Code, at Chapter 94 “Taxicabs.”
Please place this item on the March 11, 2014 night meeting agenda of the City
Commission. Thank you.
AN ORDINANCE TO AMEND SECTION 7.100 AND ADD A NEW SECTION 7.106 OF
CHAPTER 94 OF TITLE VII OF THE CODE OF THE CITY OF GRAND RAPIDS.
ORDINANCE NO. 14THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:
Section 1.
That Section 7.100 of Chapter 94 of Title VII of the Code of the City
of Grand Rapids is hereby amended to read as follows:
“Sec. 7.100. - Condition of Vehicle.
(1)
Each taxicab operating under this Chapter shall be kept in a clean, safe and
sanitary manner and condition. All taxicabs shall be subject to inspection at all
times by the City to ensure that the safety and mechanical devices are in safe
and proper working order and that their general condition is clean and sanitary.
(2)
All persons engaged in the taxicab business in the City of Grand Rapids
operating under the provisions of this Chapter shall pass a safety equipment
inspection performed by a state-certified mechanic/automotive technician for
each vehicle to be licensed. Such inspection shall be required before initial
licensing and within forty-five (45) days of the annual license renewal.
Certification must be submitted on the form provided by the City Clerk prior to
issuance of the license. The City reserves the right to require recertification at
any time it has reasonable grounds to believe that any of the safety equipment
on any vehicle is no longer in safe operating condition.
(3)
All taxicabs shall be marked only with the names and color scheme as
designated on the certificate.”
Section 2.
That Section 7.106 of Chapter 94 of Title VII of the Code of the City
of Grand Rapids is hereby amended to read as follows:
“Sec. 7.106. - Meters.
(1)
All taxicabs shall be equipped with lighted meters in good working condition,
subject to inspection at all times.
(2)
A taximeter shall calculate fares only upon the basis of: (a) mileage traveled, (b)
time elapsed, or (c) a combination of mileage traveled and time elapsed.
(3)
Rates shall be clearly illuminated and displayed such that they may be easily
seen and understood by passengers sitting in the back seat of the taxicab.
(4)
To ensure that taximeters are maintained in good working order, a mileage road
test of a taximeter may be conducted by the Licensing Coordinator. A road test
shall consist of driving the vehicle over a precisely measured course of at least
one (1) mile in length.
(5)
Each taxicab driver shall keep and maintain a continuous and progressive trip
sheet dated for each twenty-four hour period and such records shall be subject to
inspection by the City Clerk or any other properly identified representative of the
City at any time. These trip sheets shall be retained and filed and available for
inspection for a period of not less than one (1) year from the date thereon.”
Drafted by Catherine M. Mish, City Attorney
Yeas
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
ORD03
DATE:
March 4, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
City Commission
Gregory A. Sundstrom, City Manager
FROM:
Catherine M. Mish
City Attorney
SUBJECT:
Information Item Regarding the Proposed Ordinance
Amendment Combining Chapter 15 of the City Code
Regarding “Ward Apportionment” and Chapter 3 of the City
Code Regarding “Elections”
The attached ordinance amendments were presented to the City Commission for a first
reading on February 25, 2014. At that time, the City Commission voted to publish the
proposed ordinance amendments and scheduled a vote on consideration of adoption for
March 11, 2014.
As part of the ongoing effort to streamline the City Code, I have recommended these
proposed ordinances for the City Commission’s consideration.
Currently, Title I of the City Code contains a Chapter 3 titled “Elections” and a Chapter
15 entitled “Ward Apportionment”. Chapter 15 contains a single section, which defines
the metes and bounds of the City’s three electoral wards. Given other recent
amendments to City Code, all that remains in Chapter 3 is a single section, which
establishes the 77 election precincts within the City, with the boundaries shown on the
Election Precinct Map filed with the City Clerk.
Because the content of Chapter 15 and Chapter 3 both pertain to elections, and
because both Chapters now contain only a single section of code language each, I
recommend that the text from Chapter 15 regarding “Ward Apportionment” be moved
into Chapter 3. This will increase the readability of the City Code for members of the
general public, because all of the City Code language pertaining to election matters
would now be found in the same Chapter.
Two proposed ordinances are therefore attached to this memo. The first would repeal
Chapter 15 in its entirety. The second would re-adopt the City Code language
regarding “Ward Apportionment” into Chapter 3.
Please place this item on the March 11, 2014 night meeting agenda of the City
Commission. Thank you.
AN ORDINANCE TO REPEAL CHAPTER 15 OF TITLE I OF THE CODE OF THE
CITY OF GRAND RAPIDS.
ORDINANCE NO. 14THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:
Section 1.
That Chapter 15 of Title I entitled “Ward Apportionment” of the
Grand Rapids City Code be and is hereby repealed in its entirety.
Drafted by Catherine M. Mish, City Attorney
Yeas
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
AN ORDINANCE TO AMEND CHAPTER 3 OF TITLE I OF THE CODE OF THE CITY
OF GRAND RAPIDS.
ORDINANCE NO. 14THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:
That Chapter 3 of Title I entitled “Elections” of the Grand Rapids
Section 1.
City Code be and is hereby amended in its entirety, to read as follows:
“Article 1 – WARD APPORTIONMENT
Sec. 1.41. – Ward Apportionment.
The City of Grand Rapids shall be divided into three (3) Wards, as follows:
First Ward. All that part of the City lying westerly of a line described as commencing
at the centerline of the Grand River at the north City limits, thence south along said
centerline to the centerline of the Conrail Railroad (vacated), thence southeasterly
along said centerline of the Conrail Railroad (vacated) to the centerline of Fulton
Street, thence east along said centerline to the centerline of Jefferson Avenue,
thence south along said centerline to the centerline of Burton Street, thence east
along said centerline to the centerline of Eastern Avenue, thence south along said
centerline to the south City limits.
Second Ward. All that part of the City lying easterly and northerly of a line described
as commencing at the centerline of the Grand River at the north City limits near
Four Mile Road, thence generally south along said centerline to the centerline of the
Conrail Railroad (vacated), thence southeasterly along said centerline of the Conrail
Railroad (vacated) to the centerline of Fulton Street, thence east along said
centerline to the centerline of Jefferson Avenue, thence south along said centerline
to the centerline of Wealthy Street, thence east along said centerline to the
centerline of Lake Drive, thence southeast along said centerline to the common
boundary with East Grand Rapids.
Third Ward. All that part of the City lying easterly and southerly of a line described
as commencing at the centerline of Eastern Avenue at the south City limits, thence
north along said centerline and the City limits to the centerline of Burton Street,
thence west along said centerline to the centerline of Jefferson Avenue, thence
north along said centerline to the centerline of Wealthy Street, thence east along
said centerline to the centerline of Lake Drive, thence southeast along said
centerline to the common boundary with East Grand Rapids.
Sec. 1.42. – 1.45 – Reserved.
Article 2 – VOTING PRECINCTS
Sec. 1.46 – Voting Precincts.
That pursuant to Title I, Section 5(a) of the Charter of the City of Grand Rapids, the
City Commission hereby establishes seventy-seven (77) election precincts with the
boundaries shown on the Election Precinct Map filed with the City Clerk.
Sec. 1.47 - 1.70. – Reserved.”
Drafted by Catherine M. Mish, City Attorney
Yeas
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
ORD 04
DATE:
March 4, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
City Commission
Gregory A. Sundstrom, City Manager
FROM:
Catherine M. Mish
City Attorney
SUBJECT:
Information Item Regarding the Proposed Ordinance
Amendment Repealing Section 9.132(3) of the City Code,
“Wilfully Annoying” Another Person
The attached ordinance amendment proposal was presented to the City Commission for
a first reading on February 25, 2014. At that time, the City Commission voted to publish
the proposed ordinance amendment and scheduled a vote on consideration of adoption
for March 11, 2014.
Currently, Title IX of the City Code, entitled “Police Regulations”, contains a Chapter
152 “Disorderly Conduct,” Article 1 “In General”, Section 9.132 “Offenses Against
Persons.” This section of the City Code was adopted in 1976, and has not been
amended since. Section 9.132 of the City Code currently reads as follows:
“Sec. 9.132. Offenses Against Persons.
No person shall:
(1)
Commit an assault or battery upon another person.
(2)
Molest another person.
(3)
Wilfully annoy another person.
(4)
Recklessly endanger the life, health or well-being of any person.
(5)
Wilfully obstruct free or uninterrupted passage in any street, on any sidewalk,
in any public place or in any other place to which the public is admitted.”
I recommend that the City Commission repeal Section 9.132(3) of the city Code,
because it does not provide fair notice of the conduct sought to be prohibited.
Therefore, I believe this sub-section would likely be interpreted by the courts as
unconstitutionally vague and unenforceable.
A law may be challenged for vagueness on three grounds: (1) that it is overbroad and
impinges upon First Amendment freedoms, (2) that it does not provide fair notice of the
conduct proscribed, and (3) that it is so indefinite that it confers unstructured and
unlimited discretion on the trier of fact to determine whether the law has been violated.
People v Noble, 238 Mich App 647 (1999). In order to provide fair notice, a law must
give a person of ordinary intelligence a reasonable opportunity to know what is
prohibited. The law cannot use terms that require persons of ordinary intelligence to
guess its meaning and differ about its application. Id.; People v Hrlic, 277 Mich App 260
(2007).
In my opinion, the City Code language stating that no person shall “wilfully annoy
another person” is subject to a variety of interpretations. The City Code section, as
currently written, does not provide a person of ordinary intelligence a reasonable
opportunity to know what is prohibited. The language could be subject to a variety of
interpretations.
The attached ordinance would therefore amend Section 9.132 of City Code to eliminate
sub-section (3), and would sequentially re-number the remaining sub-sections.
Please place this item on the March 11, 2014 night meeting agenda of the City
Commission.
Thank you.
AN ORDINANCE TO AMEND SECTION 9.132 OF CHAPTER 152 OF TITLE IX OF
THE CODE OF THE CITY OF GRAND RAPIDS.
ORDINANCE NO. 14THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:
Section 1.
That Section 9.132 of Article 1 of Chapter 152 “Disorderly Conduct”
of Title IX “Police Regulations” of the Grand Rapids City Code be and is hereby
amended in its entirety, to read as follows:
“Sec. 9.132. Offenses Against Persons.
No person shall:
(1) Commit an assault or battery upon another person.
(2) Molest another person.
(3) Recklessly endanger the life, health or well-being of any person.
(4) Wilfully obstruct free or uninterrupted passage in any street, on any sidewalk, in
any public place or in any other place to which the public is admitted.”
Drafted by Catherine M. Mish, City Attorney
Yeas
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
ORD05
DATE:
March 4, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
City Commission
Gregory A. Sundstrom, City Manager
FROM:
Catherine M. Mish
City Attorney
SUBJECT:
Information Item Regarding the Proposed Ordinance
Amendment on Failure to Pay Restaurant / Bar Bill
The attached ordinance amendment proposal was presented to the City Commission for
a first reading on February 25, 2014. At that time, the City Commission voted to publish
the proposed ordinance amendment and scheduled a vote on consideration of adoption
for March 11, 2014.
Currently, Title IX of the City Code, entitled “Police Regulations”, contains a Chapter
152 “Disorderly Conduct,” Article 1 “In General”, Section 9.133 “Property Offenses”.
This is the section of City Code where all of the general theft / damage offenses are
located.
Specific cases which have arisen in the course of daily law enforcement and
prosecution work give rise for the need to amend Section 9.133, to create a new subsection (11). This amendment would address the situation where a person orders and
consumes food and/or beverage at an establishment that serves food and/or drink, but
then fails to pay for the food and/or beverage consumed.
When these types of situations currently arise, the City has charged the responsible
person with the generic offense of “Removing Property Not One’s Own,” under City
Code Section 9.133(5). However, a specific City Code provision that is tailored to
address this exact situation would be preferable. Therefore, I recommend adoption of
Section 9.133(11), as set forth below:
“Sec. 9.133. - Property Offenses.
No person shall:
***
(11) Commit the following conduct:
(a) order, procure, or consume any food and/or beverage at any
restaurant, bar, café or any other type of establishment serving food
and/or drink;
(b) without paying therefore, except when credit is given therefore by
express agreement;
(c) with intent to defraud such establishment out of the pay for the same.
(d) In all prosecutions under this sub-section, prima facie evidence of
intent to defraud shall include the following:
(i) obtaining such food and/or beverage by false pretense; or
(ii) obtaining such food and/or beverage by false or fictitious show
of any method of payment; or
(iii) refusal, neglect or otherwise failure to pay therefore on demand;
or
(iv) payment thereof with a credit card, debit card, check, draft, or
order upon a bank or depository on which payment was refused or
otherwise declined; or
(v) absconding without paying or offering to pay therefore.
(e) No conviction shall be had under the provisions of this subsection
unless complaint is made within 60 days of the time of the violation
hereof.”
The attached ordinance would therefore amend Section 9.133 of City Code to create a
new sub-section (11).
Please place this item on the March 11, 2014 night meeting agenda of the City
Commission. Thank you.
AN ORDINANCE TO AMEND SECTION 9.133 OF CHAPTER 152 OF TITLE IX OF
THE CODE OF THE CITY OF GRAND RAPIDS.
ORDINANCE NO. 14THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:
Section 1.
That Section 9.133 of Article 1 of Chapter 152 “Disorderly Conduct”
of Title IX “Police Regulations” of the Grand Rapids City Code be and is hereby
amended to add an additional subsection 9.133(11), to read as follows:
“Sec. 9.133. - Property Offenses.
No person shall:
(1)
Trespass upon the premises of another or unlawfully remain upon the
premises of another to the annoyance or disturbance of the lawful occupants.
(2)
Prowl about the premises of any other person in the nighttime without
authority or the permission of the owner of such premises.
(3)
Lurk, lie in wait or be concealed in any business, yard or other premises with
intent to commit any crime or offense whatsoever.
(4)
Wilfully, wantonly or recklessly damage, destroy, alter or deface public
property or the property of any other person.
(5)
Take or remove or attempt to take or remove any property not his or her own.
(6)
Obtain or attempt to obtain goods or money by fraud, trick or under false
pretenses.
(7)
Meddle with, tamper with, interfere with, move, damage or disconnect any
property not his or her own.
(8)
Destroy, damage or in any manner alter or deface any drinking fountain or
public toilet or restroom; or deposit or throw any substance in any water
fountain for drinking; or in any manner pollute the water therein.
(9)
Expectorate, urinate, defecate or perform any other act which creates a
hazardous or deleterious condition in any public place or upon the property of
any other person. This subsection shall not apply to public restroom facilities.
(10) Affix, paste or otherwise attach to any vehicle owned by another person any
notice, poster, leaflet, broadside or other item or device which interferes with
the vision of the driver or causes or tends to cause damage to said vehicle.
This subsection shall not apply to parking violation notices placed on motor
vehicles by duly authorized representatives of the City or by law enforcement
officers of any other governmental unit when acting in the course of their
official duties.
(11) Commit the following conduct:
(a) order, procure, or consume any food and/or beverage at any
restaurant, bar, café or any other type of establishment serving food
and/or drink;
(b) without paying therefore, except when credit is given therefore by
express agreement;
(c) with intent to defraud such establishment out of the pay for the same.
(d) In all prosecutions under this sub-section, prima facie evidence of
intent to defraud shall include the following:
(i) obtaining such food and/or beverage by false pretense; or
(ii) obtaining such food and/or beverage by false or fictitious show
of any method of payment; or
(iii) refusal, neglect or otherwise failure to pay therefore on demand;
or
(iv) payment thereof with a credit card, debit card, check, draft, or
order upon a bank or depository on which payment was refused or
otherwise declined; or
(v) absconding without paying or offering to pay therefore.
(e) No conviction shall be had under the provisions of this subsection
unless complaint is made within 60 days of the time of the violation
hereof.”
Drafted by Catherine M. Mish, City Attorney
Yeas
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
ORD06
DATE:
March 4, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
City Commission
Gregory A. Sundstrom, City Manager
FROM:
Catherine M. Mish
City Attorney
SUBJECT:
Information Item Regarding the Proposed Ordinance
Amending Section 9.135 of the City Code, Regarding Failure
to Stop a Motor Vehicle
The attached ordinance amendment proposal was presented to the City Commission for
a first reading on February 25, 2014. At that time, the City Commission voted to publish
the proposed ordinance amendment and scheduled a vote on consideration of adoption
for March 11, 2014.
Currently, Title IX of the City Code, entitled “Police Regulations”, contains a Chapter
152 “Disorderly Conduct,” Article 1 “In General”, Section 9.135 “Offenses Against
Government Order”. This Section of the City Code was first adopted in 1976, and was
subsequently amended in 1980 and again in 2005.
Specific cases that have arisen in the course of traffic enforcement give rise for the
need to amend Section 9.135, to create a new sub-section (7). This amendment would
address the situation where a police officer attempts to pull over a motor vehicle, and
the operator of the motor vehicle fails or refuses to stop.
Section 9.135(2) currently provides that a person commits a criminal misdemeanor
offense when he or she fails or refuses to obey a lawful order of a law enforcement
officer. However, that section of the code does not specifically apply to cases involving
motor vehicles.
State law currently provides that an operator of a motor vehicle commits a state law
felony offense when he or she attempts to flee or elude a police officer. MCL 257.602a.
However, that state law only applies when the operator of a motor vehicle increases
speed, extinguishes the lights of the motor vehicle, or otherwise attempts to flee and
elude the officer.
Reading the existing City Code and state law provisions together, it appears that there
is a gap in the law, where there is no provision for situations where a police officer
clearly signals with lights and/or siren that a motor vehicle is to pull over, and the driver
of that motor vehicle fails and/or refuses to do so, but does not increase speed or
extinguish the lights on the vehicle.
In order to close this loophole, I recommend adoption of Section 9.135(7), as set forth
below:
“Sec. 9.135. - Offenses Against Government Order.
No person shall knowingly and willfully:
(1) Assault, batter, resist or obstruct any police officer or other law enforcement
officer in the performance of his or her duties as such.
(2) Fail or refuse to obey a lawful order of any law enforcement officer that is
issued in the performance of the officer's official duties provided that the officer
is in uniform or otherwise identifies or offers to identify himself or herself as a
law enforcement officer.
(3) Fail or refuse to identify oneself when requested to do so by any law
enforcement officer when the officer is attempting to issue to such person a
citation or appearance ticket for a violation of this Code or of any City or State
law.
(4) When operating a motor vehicle which has been stopped in response to a law
enforcement officer's signal, command or direction, leave or attempt to leave
the scene unless and until such person has identified himself or herself to the
officer.
(5) Escape or attempt to escape while lawfully confined by or in the custody of the
City of Grand Rapids or any of its law enforcement officers.
(6) Give false information in connection with an official investigation of any violation
of this Code or of any City or State law, or make a false or fictitious report of a
violation of this Code or of any City or State law to any law enforcement officer
or other official or employee of the City of Grand Rapids, when said officer,
official or employee is acting in his or her official capacity.”
(7)
Fail or refuse to obey a hand, voice, emergency light, emergency siren, or
other visual or audible signal of any law enforcement officer that is issued in the
performance of the officer’s official duties, directing the operator of a motor
vehicle to bring his or her motor vehicle to a stop. This subsection does not
apply unless the law enforcement officer giving the signal is clearly identified as
a police officer and the officer's vehicle is identified as an official police vehicle,
by official decals and/or the presence of activated emergency lights and/or
siren.”
The attached ordinance would therefore amend Section 9.135 of City Code to create a
new sub-section (7).
Please place this item on the March 11, 2014 night meeting agenda of the City
Commission. Thank you.
AN ORDINANCE TO AMEND SECTION 9.135 OF CHAPTER 152 OF TITLE IX OF
THE CODE OF THE CITY OF GRAND RAPIDS.
ORDINANCE NO. 14THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:
Section 1.
That Section 9.135 of Article 1 of Chapter 152 “Disorderly Conduct”
of Title IX “Police Regulations” of the Grand Rapids City Code be and is hereby
amended in its entirety, to read as follows:
“Sec. 9.135. - Offenses Against Government Order.
No person shall knowingly and willfully:
(1) Assault, batter, resist or obstruct any police officer or other law enforcement
officer in the performance of his or her duties as such.
(2) Fail or refuse to obey a lawful order of any law enforcement officer that is
issued in the performance of the officer's official duties provided that the officer
is in uniform or otherwise identifies or offers to identify himself or herself as a
law enforcement officer.
(3) Fail or refuse to identify oneself when requested to do so by any law
enforcement officer when the officer is attempting to issue to such person a
citation or appearance ticket for a violation of this Code or of any City or State
law.
(4) When operating a motor vehicle which has been stopped in response to a law
enforcement officer's signal, command or direction, leave or attempt to leave
the scene unless and until such person has identified himself or herself to the
officer.
(5) Escape or attempt to escape while lawfully confined by or in the custody of the
City of Grand Rapids or any of its law enforcement officers.
(6) Give false information in connection with an official investigation of any violation
of this Code or of any City or State law, or make a false or fictitious report of a
violation of this Code or of any City or State law to any law enforcement officer
or other official or employee of the City of Grand Rapids, when said officer,
official or employee is acting in his or her official capacity.”
(7) Fail or refuse to obey a hand, voice, emergency light, emergency siren, or other
visual or audible signal of any law enforcement officer that is issued in the
performance of the officer’s official duties, directing the operator of a motor
vehicle to bring his or her motor vehicle to a stop. This subsection does not
apply unless the law enforcement officer giving the signal is clearly identified as
a police officer and the officer's vehicle is identified as an official police vehicle,
by official decals and/or the presence of activated emergency lights and/or
siren.”
Drafted by Catherine M. Mish, City Attorney
ORD07
DATE:
February 28, 2014
TO:
Gregory A. Sundstrom, City Manager
FROM:
Suzanne M. Schulz, AICP
Planning Director
SUBJECT:
INFORMATION ITEM:
Consideration of Rezoning 601, 607, 613, 615, 619, 623, 627,
629, 633, 635, 637, 641, and 643 Clancy Avenue NE; and
216 Fairbanks Street NE, from TN-LDR (Traditional
Neighborhoods–Low Density Residential) to
SD-PRD (Special Districts–Planned Redevelopment District)
The City Commission established March 11, 2014 as the date to consider the rezoning
of 601, 607, 613, 615, 619, 623, 627, 629, 633, 635, 637, 641, and 643 Clancy Avenue
NE; and 216 Fairbanks Street NE, from TN-LDR (Traditional Neighborhoods–Low
Density Residential) to SD-PRD (Special Districts–Planned Redevelopment District) to
facilitate the construction of a 66-dwelling unit residential development project.
The subject property is approximately 1.31 acres in size and consists of thirteen
residential properties improved with single- and two-family residential structures, all of
which will be demolished. The project will incorporate the entire west side of Clancy
Avenue between Trowbridge and Fairbanks Streets, with the exception of the L & L
Belknap Market properties at the NW corner of Fairbanks Street and Clancy Avenue.
The proposed development consists of four buildings: a courtyard-style building with 25
dwelling units; an apartment-style building with 11 dwelling-units; an apartment-style
building with 15 dwelling-units, and a rowhouse-style building with 15 dwelling units.
The apartments will range from one- to four-bedroom units, with a predominance of twoand three-bedroom units. A total of 158 bedrooms are proposed. Also included is an
on-site management office. All buildings will have direct access from the street and
many of the units incorporate balconies. Sixty-nine on-site parking spaces are
proposed; forty-three surface parking spaces will be accessed from the alley and 26
spaces will be located in a lower level accessed from Fairbanks Street. All parking is
located behind the buildings.
During 2013, the Planning Commission considered a development proposal for the
subject properties from the same applicant. After considering several iterations of the
project, none with support of the Neighbors of Belknap Lookout, the Planning
Commission recommended denial of the project on July 11, 2013. The applicant did not
pursue that proposal any further, and the matter was not brought before the City
Commission for consideration.
On February 13, 2014, the Planning Commission held a public hearing for the project
currently as proposed. Several residents voiced concerns about traffic and pedestrian
safety, but generally supported the project. A representative of Neighbors of Belknap
Lookout was not present at the meeting, but a letter in support of the development was
submitted. The letter indicated that the developer worked closely with the neighborhood
association and residents for input on the project, and that the project honors
the Belknap Lookout Area Specific Plan. (Please refer to page 17 for the plan’s
rationale for recommendations relative to this section of the neighborhood, and to pages
20-30 for acceptable building types in the Belknap MH: Mixed Housing context district.)
Specifically, the proposed project is designed so that:
• the buildings are lower at the street front and higher at the rear, thereby reducing
the perceived height of the buildings;
• the front facades include porches and stoops;
• quality materials will be utilized;
• buildings and entrances are oriented towards the street; and
• the amount of parking is adequate and is appropriately located behind the
buildings.
The Planning Commission recommended approval of the project by a vote of 8-0, citing
the significant changes to the project that addressed previous concerns and the
consistency with the Belknap Lookout Area Specific Plan. Conditions of approval
included the replacement of vinyl with higher quality materials on visible building sides,
and that the project be subject to final Site Plan Review by the Planning Commission
subsequent to City Commission adoption of the rezoning ordinance, should any
modifications to the plan occur.
Given that the applicant is proposing a development that has the support of the
Neighbors of Belknap Lookout and has submitted a plan that is generally consistent with
the Belknap Lookout Area Specific Plan, Planning Department staff recommended that
the City Commission waive an additional public hearing.
Please forward the attached ordinance for consideration at the next scheduled City
Commission meeting.
SS/EZ
Attachments
cc:
Eric DeLong, Deputy City Manager
AN ORDINANCE TO AMEND MAP 22 OF CHAPTER 61 OF TITLE V
OF THE CODE OF THE CITY OF GRAND RAPIDS, THE ZONING ORDINANCE
ORDINANCE NO. 2014 - ____
THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:
Section1. That Map 22 of Chapter 61 of Title V of the City Code of Grand Rapids
be amended to rezone from TN-LDR (Traditional Neighborhoods–Low Density
Residential) to SD-PRD (Special Districts–Planned Redevelopment District) the
properties commonly known as 601, 607, 613, 615, 619, 623, 627, 629, 633, 635, 637,
641, and 643 Clancy Avenue NE; and 216 Fairbanks Street NE, and legally described
as:
Parcel Numbers:
41-14-19-332-029, 41-14-19-332-028, 41-14-19-332-027, 41-14-19-332-026,
41-14-19-332-032, 41-14-19-332-023, 41-14-19-332-022, 41-14-19-332-021,
41-14-19-332-020, 41-14-19-332-019, 41-14-19-332-018, 41-14-19-332-017,
41-14-19-332-016, 41-14-19-332-013
A part of Wilmarth & Bevier’s Subdivision of Block No. 12 of Coit & Co.’s Addition
to the City of Grand Rapids, Kent County, Michigan, described as; Lots 11
through 18 & the West 44 feet of Lot 10, Wilmarth & Bevier’s Subdivision of Block
No. 12, Coit & Co.’s Addition to the City of Grand Rapids, as recorded in Liber 1,
Page 89 of Plats, Kent County Records,
to facilitate the construction of a 66 dwelling-unit, four building, residential development
project.
Section 2. As provided in Section 5.12.14.F. of the Zoning Ordinance, that the
following provisions are an integral part of this Ordinance:
1. That the application, and the plans prepared by Nederveld dated 1/3/2014 and by
Schutter Custom Designs, LLC dated 1/6/2014, and signed, dated and stamped
by the Planning Director, shall constitute the approved plans, except as amended
in this resolution.
2. That this approval consists of conceptual project approval for density, site layout,
height, and parking.
3. That Planning Commission Site Plan Review shall be required for final site,
grading, landscaping, floor and elevation plans subsequent to City Commission
adoption of the Planned Redevelopment District ordinance if any inconsistencies
in site or building layout and materials exists, as determined by the Planning
Director.
4. That the proposed office unit shall not be converted to a dwelling unit without a
minor amendment of the Planned Redevelopment District, to be approved by the
Planning Commission.
5. The project shall otherwise meet all the requirements of the Zoning Ordinance for
signs, lighting, landscaping and exterior improvements and are subject to
applicable regulations and required permits, as necessary.
6. The north elevation of building #4 shall be clad with a minimum 75% of brick
and/or cement board, as defined in the ordinance.
7. Non-vinyl finishes on the Clancy face of the buildings shall wrap past the first set
of side windows or other logical terminus of each building on the first floor.
8. Traffic Safety shall review traffic patterns, signage and other possible vehicle and
pedestrian circulation concerns.
9. That this approval shall take effect upon City Commission approval and final Site
Plan Review approval by the Planning Commission.
Yeas
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
Planning Commission Minutes
February 13, 2014
Members Present: Stephen Ruis, Kyle VanStrien, Mary Angelo, Tom Koetsier,
Paul Rozeboom, Walter Brame, Reginald Smith and Rick Treur
601, 607, 613, 615, 619, 623, 627, 629, 633, 635, 637, 641, and 643 Clancy Avenue NE; and
216 Fairbanks Street NE – Amendment to PRD/Special Land Use/Optional Plan Review – JB
Holdings Clancy, LLC (Joe Modderman) requesting approval to rezone the subject properties
from TN-LDR Traditional Neighborhoods-Low Density Residential to Special District – Planned
Redevelopment District (PRD) to facilitate the development of 66 dwelling units in four buildings.
File No. PC-ZON-2014-0002
Ms. Zeller presented the request to rezone 13 parcels from TN-LDR to a Planned
Redevelopment District to facilitate a multiple family redevelopment project. Twelve residential
structures of one- and two-dwelling units will be demolished. During 2013 the Planning
Commission considered a development proposal for the subject properties from the same
applicant and recommended denial of the project on July 11, 2013. The applicant didn’t pursue
that proposal any further and the matter was not considered by the City Commission. The
applicant has since worked closely with the Neighbors of Belknap Lookout. They have made
significant changes to the project and are now proposing a development that has the support of
the neighborhood association.
Ms. Zeller explained that the project will encompass nearly the entire west side of Clancy
between Trowbridge and Fairbanks, with the exception of the corner property that is occupied
by a market/convenience store. There are some significant grade changes on this block with the
grade being much higher at Trowbridge, sloping downward toward Fairbanks. Additionally, at
the rear of the lots, at the alley, it is much higher than at the street. Because of the substantial
grade change none of the properties west of the alley actually utilize the alley for access and
parking.
Ms. Zeller stated that the subject properties are located in the Belknap Lookout Neighborhood.
An Area Specific Plan was completed for the area and adopted 2/23/2010. These properties
are included in that area. There were several context districts created in the plan designed to
recommend appropriate density and design for the neighborhood. The subject area is in the
Belknap MH mixed housing district. The MH district is composed of diverse housing
opportunities to meet a wide range of individual and income needs while still maintaining a
residentially scaled pattern of development. It allows a range of building types. The underlying
intent of this district is to provide housing opportunities which address changing needs and
different life stages while promoting neighborhood diversity. Infil buildings shall not exceed 35
ft. in height. This district draws inspiration from the Fairmount Square townhouses in the
Wealthy St. and Morris Ave. area. Ms. Zeller described the range of housing types
recommended for the area; single family, two and three family, row house building types,
apartment houses and center hall apartment buildings. Ms. Zeller also noted from the ASP that
the area south of Fairbanks and west of Lafayette, which includes this area, was specifically
mentioned in the plan as an area that may be targeted for change. The decision to designate
Belknap MH in this area is the result of many factors, including the condition of the existing
housing stock, the potential for redevelopment of the existing fabric, the surrounding districts to
the north and south, and the opportunity to provide flexible living arrangements and more
housing opportunities close to Coit Elementary. It was recognized that a vast majority of
neighborhood input indicated that the homes in this area are less likely to be preserved for
owner-occupied single-family housing.
Ms. Zeller again stated that the request is to rezone to Planned Redevelopment District. The
purpose of a PRD is to allow some flexibility within zoning standards to address special
concerns. However, it is imperative to draw on the Master Plan to ensure that it meets the
vision and intent for the neighborhood. There are eligibility requirements for PRDs, which is lot
size. A minimum lot size of 5 acres is required. This property is 1.31 acres. The Planning
Commission recently approved a PRD at 600 Douglas that was smaller than the subject site.
While the PRD can be used for flexibility, many of the regulations were created with larger sites
in mind, with a more suburban feel.
Ms. Zeller presented the survey, which identified the structures present on the property. A
conceptual site plan was also presented. The conceptual site plan provides the appearance of
the elevations as viewed from Clancy. There is a range of building styles proposed. The first is
a courtyard apartment building with a maximum of 3 ½ stories containing 25 dwelling units. This
building also includes basement storage, bike parking, management office, conference room,
fitness area and a community room for building residents. Ms. Zeller noted that the buildings
are lower at the street and get higher as they go away from Clancy. The second building is an
apartment style building of three stories and 11 dwelling units. The third building is also an
apartment style building of three stories and 15 dwelling units. The third building appears to
have a similar elevation to the adjacent building. However, given the grade changes they were
able to add additional dwelling units. The fourth building is a row house style building, 3 stories
and 15 units. There are 158 total bedrooms in the proposed 66-unit development; two 1bedroom units, thirty-six 2-bedroom units, four 2-bedroom barrier free units, twenty 3-bedroom
units, and four 4-bedroom units.
Ms. Zeller referred to the Commission packet noting that a density comparison was provided.
The property is currently zoned TN-LDR. At that density, 28 dwelling units could be allowed on
the site. If rezoned to TN-MDR, the property could accommodate 45 dwelling units. It is being
proposed as a PRD, which allows flexibility in the number of dwelling units, which is one of the
advantages of the PRD. The lot area proposed is 863 sq. ft. per dwelling unit. The proposed
density is most similar to the density permitted in the TN-TCC zone district (750 sq. ft. per unit
required).
With respect to the site plan, PRD regulations require a minimum of a 20 ft. setback. However,
in this type of TN neighborhood, the real consideration is a required building line. The desire is
for the building to be consistent with other buildings in the neighborhood relative to location on
the site. The property has three street frontages; Trowbridge, Clancy, and Fairbanks although
there is no building located at Fairbanks. The proposed setback along Trowbridge is
approximately 32 ft. from back of curb. The proposed Clancy setback is approximately 33 ft.
from back of curb for the courtyard building and 30 ft. for the other three buildings. The
buildings incorporate porches and stoops, which are allowed and encouraged to go in front of
the required building line.
Ms. Schulz clarified that they have maintained the existing grade, the slope of the hill shown in
the current state of the property. The ordinance requires that they try to maintain that slope
thereby maintaining the character of the neighborhood. The typical pattern in this neighborhood
is to see the homes up a bit for privacy and they have accommodated that in the building
placement proposed.
Ms. Zeller continued relating that the space between the buildings ranges from 18 to 19.5 ft.
They are proposing approximately 20% green space, which exceeds the 15% required.
Ms. Zeller addressed parking. 108 spaces are required for the proposed development; 99 for
the 66 dwelling units, 7 additional spaces for the 3 and 4 bedroom units, and 2 spaces for the
office use. The applicant indicates that there will be two full time and one part time employee
and maintenance personnel on site. Proposed are 69 on-site parking spaces. 43 parking
spaces will be accessed from the alley and 26 spaces would be located in a lower level
accessed from Fairbanks. A cross section has been provided describing the lower level
parking. An additional 20 on-street parking spaces are estimated. The Planning Commission
has the discretion to reduce the number of parking spaces required based on alternative
transportation and the availability of on-street parking. The ASP made a point of recommending
that sufficient off-street parking be provided for new development wherever feasible. However,
the project does have the support of the neighborhood association.
Ms. Zeller presented the elevations and described proposed materials. In PRDs, the
regulations state that all walls exposed to public view from the street shall be constructed of not
less than 75% brick, face brick, stone or cast stone. High quality materials on other exposed
exterior surfaces are encouraged. On the courtyard building the lower level will all be clad in
face brick. The upper levels, per plans, are vinyl siding. The Planning Commission should
consider whether this meets the PRD criteria for materials. The apartment buildings also have
lower level brick face and upper level vinyl siding. The row house building includes brick as well
as fiber cement siding, which clearly meets the requirement. Other faces of buildings that don’t
face the street are proposed to have vinyl siding.
Mr. Treur asked the material for the deck rails.
Mr. VanStrien observed from the plans that square metal vertical spindles are proposed.
Ms. Zeller explained that with the average heights of less than 35’, the proposal meets the
maximum height recommendation of the ASP.
Ms. Zeller commented on the significant grade changes further. There is a grade change of
approximately 9-10 ft. between the upper level parking and the side entrances to the buildings,
which is a function of the design as well as the grade.
The Neighbors of Belknap Lookout submitted a letter acknowledging that the applicant met with
them on a number of occasions. They support the plan as it honors the Belknap ASP. They
feel parking is sufficient and is located at the rear. There is on-site bike storage provided. They
like the way the front façade steps back thereby reducing the perceived full height of the
buildings. The character of the front facades will include porches and stoops and quality
materials with buildings and entrances oriented toward the street. They also like the fact that
the porches and stoops on the front are direct entrances.
Ms. Zeller identified the multi-family dwelling requirements. For every residential unit, a
minimum of 65 sq. ft. of rear yard green space or urban open space is required. For this
property approximately 4,300 sq. ft. would be required. The project meets the overall area
requirement. However, given the grade changes there appears to be little useable area at
grade. The applicant has substituted balconies and decks for most of the units in an effort to
accommodate the lack of at grade recreational space.
Mr. Rozeboom asked if there is a transparency requirement on the first floor.
Ms. Zeller stated that she hasn’t provided transparency percentages. However, given the
design of the buildings she would suggest that they meet the requirement and definitely the
intent of the requirement.
Steve Witte, Nederveld, was present along with Joe Modderman and Jason Vos. Mr. Witte felt
Ms. Zeller did a thorough job of explaining the project. He noted that the area is Master
Planned as Mixed Use Housing in the ASP. The existing zone district of TN-LDR really doesn’t
fit the ASP. They feel the proposed zoning of PRD allows for development of the project to
make it agree with the ASP. They have addressed the different standards and criteria for
approval of a PRD in the narrative of the application. Since the previous time this project was
before the Commission the applicant has worked with the neighborhood association to refine
the project, as well as the architecture of the project, to become a project the neighborhood
could support. They feel the end result is a very attractive project that meets the standards of
the zoning ordinance and the ASP and the neighborhood board unanimously voted to support
this project.
Mr. Witte explained that what is proposed for the site are four residential buildings consisting of
a total of 66 units. The size/mass of the development goes from more mass on the southern
portion of the site to less dense/row houses on the northern portion of the site. That was
intentionally done to transition the development from the denser, more intense use on the
southern part to the less dense, less intense use on the northern portion as it transitions into the
lower density residential further to the north. The majority of the parking is provided off of the
existing alley located west of the site. Due to the grading of the overall area the alley doesn’t
service the buildings to the west and would be for almost the exclusive use of this property. A
total of 69 on-site parking spaces will be provided along the alley and there is also a parking
area to the west of the row homes. A cross section of that area has been provided. In addition
to the parking spaces there will be bicycle spaces provided. The southernmost building will
have a room dedicated to bicycle storage. They anticipate there being up to 50 bicycle spaces
provided in that area. Bike racks are also provided on the site. A bus stop is located at the
corner of Trowbridge and Lafayette as well as on street parking. Therefore, they feel parking for
the development is sufficient.
Mr. Witte spoke to landscaping and streetscape. They have provided what the ordinance
requires. The question of urban open space has been raised. Nearly all of the units have
balconies or decks. There is a courtyard in the southernmost building and there is a very large
park one block from this property. There is sufficient sanitary sewer and water main in Clancy
and surrounding streets. From a storm water management standpoint they have had soil
borings done and found that it is extremely fine sand that is great for infiltration. The intent will
be to allow the rain water to soak into the ground.
Mr. Witte suggested that the buildings are very attractive, consisting of brick, cement board and
vinyl siding. He clarified Ms. Zeller’s explanation of materials relating that on the southernmost
and middle two buildings they will use face brick on the bottom, cement board in the middle area
and vinyl above. When they realized the 75% requirement the applicant looked at the fronts on
Clancy and Trowbridge. As a project they have 75.2% of cement board and brick.
Mr. Witte noted that the southern three buildings step as you move away from Clancy. What
you first see as you stand on Clancy is a two-story building. From there it steps up to three
stories and the southern building has a fourth floor. As was stated, the site falls dramatically
from the west side of the property to the east side. When you are standing west of the property
you are only seeing the upper levels vs. the entire side of the projects.
Mr. Witte commented on the building height relating that the three northern buildings are all less
than 30 ft. tall in average height and the southern building is 33 ft. at the highest point.
Mr. Witte stated that they feel the project is very attractive, fulfills the ASP, and will be a benefit
to the area and to the city. Mr. Witte invited questions or requests for additional detail.
Mr. Koetsier asked if the alley to the west is paved or if it will be.
Mr. Witte stated that it is currently hard surface. It will likely have to be resurfaced and repaired.
Ms. Schulz added that the alley is the City’s responsibility, which was part of the development
agreement.
Mr. Koetsier noted that trash containers are shown in the area of the alley.
Mr. Witte agreed. They will be screened to meet the requirements.
Mr. Ruis feels that this plan is a huge improvement over what was previously presented. He
asked Mr. Witte to describe the materials on each elevation to ensure the Commission has a
clear understanding of where vinyl is proposed.
Mr. Witte began with the southernmost building. The bottom layer will be face brick. The
middle part of the U shape is shown as vinyl siding above the bottom portion, which is face
brick. The bottom course of the legs of the U is face brick, the two courses above that are
cement board and the top course would be vinyl siding. Anything close to the road will be
cement board.
Mr. Treur asked if the entire alley side is vinyl.
Mr. Witte agreed except for the southern building. There is brick on that building at the back
because there is an entrance off the back.
Mr. Ruis asked that the west elevation of that building be described.
Mr. Witte explained that vinyl is proposed except for the brick near the office area/entrance.
The side along Trowbridge will be face brick at the bottom and cement board above that all the
way to the top. The north elevation of the southern building is proposed as entirely vinyl. Inside
the courtyard there will be face brick at the bottom, cement board and then beyond that will be
vinyl siding.
It was noted that the plan shows vinyl siding.
Mr. Witte corrected his statements stating that above the face brick in the courtyard area they
are proposing vinyl siding.
Mr. Witte identified materials on the second and third buildings. The first level facing Clancy
would be face brick, cement board at the second level and the top level vinyl siding. The step
back portion is between the second and top floor. Therefore the first two floors are prominent
and the vinyl siding portion is set back from the face of the building.
Mr. Ruis asked if it would be vinyl all the way down the corners to the ground because of the
step back.
Mr. Witte agreed that it is shown currently as vinyl. The west elevation is proposed as entirely
vinyl siding. The side elevations, north and south, are shown as vinyl siding.
With respect to the northernmost building, the row homes, the southern pod will be all face
brick, to the north will be cement board, the middle pod will be face brick, the next cement
board, and the furthest north is face brick. The west elevation is proposed as vinyl. The north
and south elevations are also vinyl with the exception of the face brick wrapping around the
corner at the front.
Mr. Ruis stated that he is happy to see the cement board at the front. As a whole it would seem
that the project meets the spirit of the code. However, there are details in the code, one of
which requires wrapping at least the corners of the building. Given that you can often see
around the corner, the Planning Commission has asked that the material wrap around the
corner in the past. He suggested that the buildings as a whole would be better served by some
form of brick course that runs all the way around them. It would help break up some of the rear
facades and help provide more durability at the ground level of the buildings. Mr. Ruis would
like to see that happen. It would ground the buildings and also break up some of the vinyl wall
across the back.
Mr. Witte again stated that they met with the neighborhood a number of times. They began with
sub-committee meetings and then met with the Board. They have gone through an intensive
effort to see what works from a feasibility standpoint, cost standpoint, and what fits in. Mr. Witte
understands the concern along the alley but he doesn’t feel anyone from Trowbridge or
Fairbanks will be able to see down the alley far enough to look at the backs of the buildings.
With the significant grade change the neighbors to the west sit up quite a distance above the
backs of the buildings.
Mr. Treur suggested the north elevation of the row house will be quite visible from Fairbanks
with the space that is between the existing building on the corner. He feels it deserves some
better treatment than just the vinyl siding.
Mr. Witte replied that they can look at that.
Ms. Schulz referred to the photo of existing conditions, depicting the party store and existing
home, noting what the potential visibility of that side of the building will be.
Mr. Ruis asked about other materials, such as rails, etc.
Mr. Witte explained that the rails will be painted steel. Another member of the applicant’s team
stated that anything next to the road will be cement board material. Anything further away from
the road is proposed as vinyl. He also pointed out that currently there is a lot between the
northernmost house and the party store. Their building will actually be closer to the party store
than what it appears in the photo with the home.
Mr. Ruis argued that the site plan includes a vacant lot to the north of the row house structure.
Mr. Witte agreed that there is a remaining space there. It will be closer than the existing house
but will not be snug up next to the party store. As it exists now is worst case scenario. As one
heads west they will see less and less of the north side of that building because the party store
will block the view.
Mr. Ruis explained that he is raising these issues for the purpose of clarity. On the north side, in
particular, he would like to see something carry through more than just wrapping the corner. On
the internal courtyards it would also present a much more attractive environment for people
coming and going, not to mention the durability. Vinyl siding near the ground often gets
damaged. There are some options for an expression line and cement board as opposed to vinyl
on the bottom portions.
Mr. Ruis invited public comment.
Angel Gonzalez related that he is a neighborhood resident, was part of the committee and is
also a member of the board of the neighborhood association. Mr. Gonzalez agreed that the
project was unanimously supported. He believes most felt it was a significant change from what
was presented originally and that they are happy with the results. As a resident in the area he
recalls that 8 months ago there was a lot of criticism, which was warranted. Because of that
criticism they now have something that is exceptional in terms of apartments in an urban core.
Mr. Gonzalez offered his full support. With regard to the vinyl siding being discussed on the
north side of the northernmost building he feels it would look odd to have the brick wrap half
way around. He suggested it should either be approved as proposed, completely brick or fiber
cement on the entire side. On the south side there should be something done with the outside
corner posts. He suggested something be done with fiber cement board so that it can be
terminated and look pleasing. If vinyl, he would anticipate the corner posts being damaged. Mr.
Gonzalez stated that the only other critique he has is the flow of traffic through the alley.
Currently the alley is two-way and it is being proposed as one-way with traffic heading south.
Mr. Gonzalez feels it should flow in the other direction because that is the way the neighborhood
flows and seems to make more sense. Additionally, the grade is something to consider in terms
of the direction of flow.
The Engineering Dept. will likely review that and make
recommendations.
Doug Richards, neighborhood resident, congratulated the applicant on the improved project.
Mr. Richards related that his home is a block away from the proposed project and he is
concerned about the volume and speed of traffic using the alley. He suggested they consider
speed bumps as a possible resolution to that potential problem.
Solomon Townsend related that he owns a four unit on Coit and he would like to know the
status of this project.
Ms. Schulz explained that they are before the Planning Commission seeking a positive
recommendation to the City Commission on rezoning to PRD. If the City Commission approves
the rezoning the developer would be required to build exactly as approved. If there are any
modifications it would have to come back to the Planning Commission for review.
Mr. Townsend related that his concern is the rental market being affected by this new
development; a disincentive to reinvest in existing homes. Mr. Townsend stated that it takes a
lot of time and money to renovate a home and it is likely easier to build a large complex that
houses a lot of people.
Adam, resident at 624 Clancy, expressed concern for pedestrian safety. He suggested stop
signs, and signs to alert drivers to children, in the alley.
Nicole Bettinghouse, 632 Clancy, stated that her biggest concern now is expediting this
situation. They have had some serious concerns with the vacant properties and it is time to get
this going and make the neighborhood safer. Ms. Bettinghouse suggested that if anyone is
going to approach the City with such a project that they engage in some planning before
actually putting the neighborhood they propose to redevelop through all this stress.
Scott Fortier, property owner in the subject area, stated that it will be a shame to see some of
those houses go. He is all for opportunity though and he feels this project should move forward.
Mr. Fortier explained that he has no stake in the project other than owning property in the area.
He too views it as competition but it is such a nice looking project that he feels it will push the
rest of the neighborhood to invest in their properties.
Mr. Witte thanked the Commission for their time and the citizens for their comments. With
regard to the alley traffic flow, they did put a good deal of thought into that. They propose the
flow from north to south for a number of reasons. With the weather the way it is in Michigan
they want people driving up hill as opposed to downhill. Switching that flow around isn’t a make
or break deal but they did put thought into it. With respect to signage along the alley, or
elsewhere, they are happy to install what is required by Traffic Safety. With respect to the
building materials and the appearance of the buildings they feel they’ve come a long way from
the original proposal. They would like to keep the elevations the way that they are.
Mr. Treur feels that in general this plan is a huge improvement and overall he really likes the
plan. His concern is with the amount of vinyl, especially on the north elevation of the row house
building and along the entire south side. In the area of the stairs on the north elevation of
building one it feels like it should be broken up more with another material. The code says
public spaces, he wondered if the alley is considered public.
Ms. Schulz asked the price difference between split face block and the vinyl. If the split face
were part of the foundation, or wall coming up, she wondered if that would provide enough of a
change in materials, improve the durability, and add some contrast.
A member of the applicant’s team replied that the split face block is ten times as much per
square foot.
Mr. Ruis stated that he would be inclined to recommend some of those changes here. That
becomes difficult because he isn’t an architect and isn’t looking at the budget. However, he
would like to see more yet he isn’t sure what the best way is to do that while still allowing the
project to move forward.
Mr. Treur agreed.
concerning.
He doesn’t want to drive the cost way up but the look at this point is
Ms. Schulz related that the approach they took with Newberry Place was that they had to wrap
the edge. If that were done here the condition could state that non-vinyl finishes on the Clancy
faces shall wrap past the first set of windows or at a logical terminus. Newberry Place also
argued finances but when you drive down the street the end result does make a difference. It is
the Commission’s call but by ordinance it isn’t necessarily public view. Ms. Schulz agrees that it
isn’t broken up.
Mr. Treur asked whether the north elevation of the row house structure would be considered
public view.
Ms. Schulz replied that it is clearly visible as evidenced by the photo with the vacant lot to the
north that isn’t owned by the applicant.
Ms. Angelo suggested that wrapping the face brick around that corner would help to ease that,
but to what degree.
Ms. Schulz suggested the Commission could require that be clad with face brick and/or cement
board, similar to what is done on Trowbridge.
Mr. Ruis noted that each elevation is unique and the Commission could offer suggestions for
each. The Commission is concerned about some of the facades, how they have a uniform look,
and also durability.
Mr. Smith asked if that is possible to work out with staff.
Ms. Schulz felt the Commission should specify that as part of the approval so that when it goes
to the City Commission it is part of the resolution. She recommended adding to condition #3 “If
any inconsistencies in site or building layout and materials exists, as determined by the
Planning Director, it shall return to the Planning Commission”. They do have a lot of detail
included and ideally any changes the Planning Commission desires should be done at this time
so that when City Commission approval is granted it would be possible for them to seek building
permits without coming back to the Planning Commission.
Mr. Rozeboom offered his input. With respect to the appearance he feels there is enough
variety and that they have addressed the concerns to the spirit of the ordinance, if not the letter
of it. The vinyl at the base of the buildings may not be wise and it may be more costly to them
over the years as opposed to investing in a more durable material up front. He sees that as a
choice however.
Ms. Angelo agreed that that is a risk they take. Additionally, the marketability is affected by how
attractive it is; if it is very attractive it will be easier to market. That is something they need to
weigh.
Mr. Rozeboom asked if they have the ability to put a carport over the long parking area in the
future.
Ms. Zeller replied that generally that would be allowed.
Mr. Koetsier feels that wrapping the material around on the north side near the market would
really add to the appearance of the building.
Mr. VanStrien asked what type of screening is proposed. There is a grade change there but the
landscape plan doesn’t really show what is proposed. He asked if a fence is planned or if the
market has an existing fence.
Ms. Schulz replied that in the photo there is an existing fence. The existing conditions show the
building with a privacy fence on the side.
Mr. VanStrien stated that if there is a fence there and it shows that there is 10 ft. between the
property line and the start of the building then he doesn’t know how visible it would be. It
appears that the fence may come out in front of the building. He isn’t certain that a wrap around
the corner, that only goes ½ way up the window, will even make a difference if there is a fence
there. Per the landscape plan there will be bushes and landscaping along that edge.
Ms. Schulz offered that one thing to keep in mind is that fences and bushes can be removed.
The two major questions are 1) whether or not the Commission wants the corners to be
wrapped so that it is consistent for public view, and 2) on the north elevation of building four
whether it should be approved as is, have them wrap the corner, or have them change the
materials to either the cement board or face brick.
Mr. Koetsier asked if Traffic Safety will review the direction of traffic flow in the alley.
Ms. Schulz agreed that they would. The Commission can stipulate that it be reviewed and
whether speed bumps and signage would be appropriate.
Mr. Treur feels that an approval should be consistent with what was required at Newberry Place.
Ideally he would like to see the corners wrapped and the north side of the row house building
brought into compliance with the 75% requirement. He feels that with the presence of the
existing market building, and the space between, that it is a public view.
Mr. Smith MOVED, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
recommends approval of the request of JB Holdings Clancy, LLC (Joe Modderman) for
approval of a Planned Redevelopment District to facilitate a 66 dwelling-unit multiplefamily development at 601, 607, 613, 615, 619, 623, 627, 629, 633, 635, 637, 641, and 643
Clancy Avenue NE; and 216 Fairbanks Street NE, for the following reasons:
1. The proposed Zone Change will be consistent with the purpose and intent of the
Master Plan, including the Future Land Use Map because it will provide a range of
housing choices; the development is consistent with the Belknap Area Specific Plan’s
recommendations for development in this part of the neighborhood; it will enhance
the character of the residential neighborhood; and the PRD will ensure efficient
development on the property and will result in a logical and orderly development
pattern in the neighborhood.
2. The property to be rezoned can accommodate the requirements of the proposed Zone
District because the proposed development will support the desired future character
of the neighborhood.
3. The proposed Zone District will be compatible with the Zone Districts and
Neighborhood Classifications in the neighborhood because the proposed buildings
will be scaled, massed, oriented, sited, and architecturally designed in a manner
consistent with other development in the TN neighborhood classification.
4. The proposed use will not have potentially adverse effects on the neighborhood
because adequate parking will be provided on-site and on the adjacent streets and
buildings, structures and entrances will be appropriately oriented on the site.
5. The physical, geological, hydrological and other environmental features of the
property to be re-zoned will be compatible with the full range of uses in the proposed
Zone District because the proposed PRD Zone District will allow consideration of
development that is sensitive to the grade changes on the site.
6. Adequate public facilities already exist on the site and the subject property is located
in close proximity to public transit and major streets and is currently served with
public utilities.
7. The proposed Zone Change will not be detrimental to the financial stability of the City
because the proposed Zone Change may encourage future development in the area.
8. The proposed Zone District is consistent with the trend of development in the
neighborhood because new and approved development in the area consists of
multiple-family development.
BE IT FURTHER RESOLVED that the Planning Commission recommends approval of the
request of the applicant for waivers of the following requirements:
1. The minimum lot size requirements of Section 5.7.06.B.2., which require PRDs to have
a minimum area of 5 acres, unless the proposal substantially achieves the Purpose
and Intent of the District, which the Planning Commission has found.
2. The maximum density requirements of Section 5.7.06.C.6., which requires densities to
match that of the underlying future land use district, unless unusual costs would be
incurred in the project at a lesser density, which the Planning Commission has found.
3. The minimum setback requirements of Section 5.7.06.D., which require a minimum
setback of twenty feet from any property line, unless it would be appropriate to
reduce the setback, which the Planning Commission has found.
4. The requirements of Section 5.10.04.E., which requires a minimum of 108 parking
spaces for the proposed 66 dwelling units plus the office unit, unless transit, bicycle
parking and sufficient on-street parking are available, which the Planning
Commission has found.
BE IT FURTHER RESOLVED that the following conditions of approval shall apply to this
project:
10. That the application, and the plans prepared by Nederveld dated 1/3/2014 and by
Schutter Custom Designs, LLC dated 1/6/2014, and signed, dated and stamped by
the Planning Director, shall constitute the approved plans, except as amended in
this resolution.
11. That this approval consists of conceptual project approval for density, site layout,
height, and parking.
12. That Planning Commission Site Plan Review shall be required for final site,
grading, landscaping, floor and elevation plans subsequent to City Commission
adoption of the Planned Redevelopment District ordinance if any inconsistencies
in site or building layout and materials exists, as determined by the Planning
Director.
13. That the proposed office unit shall not be converted to a dwelling unit without a
minor amendment of the Planned Redevelopment District, to be approved by the
Planning Commission.
14. The project shall otherwise meet all the requirements of the Zoning Ordinance for
signs, lighting, landscaping and exterior improvements and are subject to
applicable regulations and required permits, as necessary.
15. The north elevation of building #4 shall be clad with a minimum 75% of brick
and/or cement board, as defined in the ordinance.
16. Non-vinyl finishes on the Clancy face of the buildings shall wrap past the first set
of side windows or other logical terminus of each building on the first floor.
17. Traffic Safety shall review traffic patterns, signage and other possible vehicle and
pedestrian circulation concerns.
18. That this approval shall take effect upon City Commission approval and final Site
Plan Review approval by the Planning Commission.
SUPPORTED by Mr. Brame. MOTION CARRIED UNANIMOUSLY.
CCR01
DATE:
March 6, 2014
TO:
GREG SUNDSTROM
City Manager
FROM:
PATRICK J. LANNEN
Assistant City Attorney
SUBJECT:
JAMES KRICK v. CITY OF GRAND RAPIDS
State of Michigan Department of Licensing and Regulatory Affairs
Workers’ Compensation Agency
On February 25, 2014, the litigation matter of James Krick v. City of Grand Rapids, a workers’
compensation case, was presented to the City Commission in executive session. Settlement
of this matter was recommended and approved in the amount of $135,000. I have attached a
resolution providing the same.
Thank you.
PJL:cl
Attachment
CITY COMMISSION RESOLUTION
Com. ______________________, supported by Com. _____________________, moved
adoption of the following resolution:
RESOLVED that the City Attorney is authorized to compromise, settle and redeem on
behalf of the City of Grand Rapids the workers’ compensation matter, JAMES KRICK v. CITY OF
GRAND RAPIDS, by the cash payment of One Hundred Thirty-Five Thousand and 00/100
Dollars ($135,000.00), by the City of Grand Rapids to the above named James Krick and his
attorneys, Ryan, Podein & Postema, P.C.
FURTHER RESOLVED that the Comptroller be and is hereby authorized and directed to
issue a check to JAMES KRICK for One Hundred Fifteen Thousand Four Hundred Sixty-Nine
and 52/100 ($115,469.52), a check to RYAN, PODEIN & POSTEMA, P.C. for Nineteen
Thousand Four Hundred Thirty and 48/100 Dollars ($19,430.48), and a check to the State of
Michigan for One Hundred and 00/100 Dollars ($100.00) for the statutory redemption fee,
consistent with the Redemption Order and Resignation of Employment, Waiver of Seniority and
Release of All Claims.
CORRECT IN FORM
_____________________
DEPARTMENT OF LAW
Yeas
Drafted by: Patrick J. Lannen, Assistant City Attorney
Nays
_____
Bliss
_____
_____
Gutowski
_____
_____
Kelly
_____
_____
Lenear
_____
_____
Lumpkins
_____
_____
Shaffer
_____
_____
Mayor Heartwell
_____
Yeas:
_____
Nays:
_____
Adopted:
_____
Failed:
_____
PH01
DATE:
March 6, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Community Development Committee
Eric DeLong, Deputy City Manager
FROM:
Mark A. De Clercq, P.E., City Engineer
SUBJECT:
Information – Public Hearing – Sidewalk in Turner Avenue
from Ann Street to US-131 (SB) Ramps (Special Assessment
District No. 8698)
The City has received a Surface Transportation Program - Urban Grant from the Michigan
Department of Transportation for the Resurfacing of Turner Avenue from Ann Street to US-131
(SB) Ramps. Sidewalk is not currently within the project limits. The special assessment, if
approved, would construct new concrete sidewalk on both sides of Turner Avenue, within the
limits described, and may be done as part of the project.
Installation of new sidewalk, if included in the Metropolitan Planning Organization nonmotorized plan, is eligible for grant funds. The recommended assessment is for the local share
of the sidewalk cost. The estimated cost for the sidewalk improvement in Turner Avenue from
Ann Street to US-131 (SB) Ramps and the proposed method of financing is noted below:
Assessment share ($4.80 x 2,345.00 front feet)
City Share
$11,256.00
316.80
Total
$11,572.80
A resolution was approved by the Commission (Proceeding No. 83197) on February 11, 2014,
setting Tuesday, March 11, 2014, at 7:00 p.m., as the date and time of the Public Hearing of
Necessity for the aforesaid sidewalk construction. The hearing on the Special Assessment
District is being scheduled now to meet project timelines and construction schedules. If the
outcome of the May 6, 2014, election is affirmative for the two questions on the ballot, the
process of creating this district will be stopped.
RDV/MAG/wa
Attachments
cc:
Scott Engerson
Al Mooney
James Hurt
T:\CD14\Misc\CD SAD 8698 ph Turner Sidewalk FIO
031114 #12059
PH02
DATE:
March 6, 2014
TO:
Gregory A. Sundstrom, City Manager
COMMITTEE:
LIAISON:
Community Development Committee
Eric DeLong, Deputy City Manager
FROM:
Mark A. De Clercq, P.E., City Engineer
SUBJECT:
Information – Public Hearing – Sidewalk in 28th Street from
Kalamazoo Avenue to East Paris Avenue (Special
Assessment District No. 8700)
The Michigan Department of Transportation as well as the Cities of Grand Rapids and
Kentwood have received grants to resurface 28th Street from Kalamazoo Avenue to Patterson
Avenue and to place sidewalk along the corridor. Currently within the City of Grand Rapids,
from Kalamazoo Avenue to East Paris Avenue, there is no sidewalk. The special assessment,
if approved, would construct new concrete sidewalk and would it be done as part of the project.
This project will complete the sidewalk connectivity on 28th Street in the City of Grand Rapids.
The recommended assessment is for the local share of the sidewalk cost. The estimated cost
for the sidewalk improvement in 28th Street from Kalamazoo Avenue to East Paris Avenue and
the proposed method of financing is noted below:
Assessment share ($4.80 x 15,729.74 front feet)
City Share
$75,502.75
$20,241.60
Total
$95,744.35
A resolution was approved by the Commission (Proceeding No. 83201) on February 11, 2014,
setting Tuesday, March 11, 2014, at 7:00 p.m., as the date and time of the Public Hearing of
Necessity for the aforesaid sidewalk construction. The hearing on this Special Assessment
District is being scheduled now to meet project timelines and construction schedules. If the
outcome of the May 6, 2014, election is affirmative for the two questions on the ballot, the
process of creating this district will be stopped.
MAD/RDV/MAG/wa
cc:
Scott Engerson
Al Mooney
James Hurt
T:\CD14\Misc\CD SAD 8700 ph 28th Sidewalk FIO
031114 #13052
PH03
DATE:
March 5, 2014
TO:
Gregory A. Sundstrom, City Manager
FROM:
Kara L. Wood, Economic Development Director
SUBJECT:
Information for a Public Hearing to Consider the
Establishment of an Obsolete Property Rehabilitation District
Under P.A. 146 of 2000 – Klingman Lofts I, LLC and Klingman
Lofts II, LLC at 48 and 60 Wealthy Street SW
On March 11, 2014 at 7:00 p.m., the City Commission will hold a Public Hearing for
Klingman Lofts I, LLC and Klingman Lofts II, LLC (collectively the “Developer”) at 48
and 60 Wealthy Street SW to consider establishing an Obsolete Property Rehabilitation
District pursuant to P.A. 146 of 2000. The Obsolete Property Rehabilitation District
would be limited to the first floor of the building. A map of the property is attached as
Exhibit A.
The Developer has a purchase agreement to acquire the property located at 48 and 60
Wealthy Street SW, a four-story, 129,000 square foot building which was originally
constructed more than a century ago with multiple additions having been added over
the ensuing decades. The building is commonly known as the Klingman building and
has recently been placed on the national register of historic places. The Developer
proposes to demolish the additions, completely rehabilitate and renovate the 112,000
square foot original building; and construct a new, 40,000 square foot parking structure.
The building is currently vacant and requires significant investment to modernize and
rehabilitate in order to be returned to functional condition for the intended purpose. The
proposed Obsolete Property Rehabilitation District is limited to the 15,000 square foot
first floor of the building, which the Developer intends to rehabilitate and renovate for
use as leasable commercial space. The City Assessor has issued an affidavit indicating
that the building is functionally obsolete for the proposed use due to floor levels of
varied heights, inefficient windows and outdated or non-operational heating, plumbing
and electrical systems. In addition, the building has significant foundation and structural
inadequacies.
The estimated hard cost of the rehabilitation related to the first floor is $2,900,000 and
the Developer estimates that approximately 20 new full-time equivalent jobs could be
created. The total project cost, including renovation of the second through fourth floors
for approximately 83 workforce residential rental units, is anticipated to cost $32 million.
The project was reviewed by the Economic Development Project Team at its meeting
on February 11. The proposed project is in compliance with the City’s Master Plan and
there are no outstanding environmental issues at the property.
This is the second step in a six-step process to approve a future Obsolete Property
Rehabilitation District and Obsolete Property Rehabilitation Exemption Certificate under
PA 146 of 2000.
KLW/jk
Attachment
cc: Eric R. DeLong
Exhibit A - Proposed Obsolete Property Rehabilitation District
Klingman Lofts I, LLC and Klingman Lofts II, LLC
Legend
48 and 60 Wealthy Street SW
DIVISION
IONIA
US13
1
US13
WEALTHY
DIVISION
1
District Request is for First Floor Only
MCCONNELL
Economic Development Office
March 2014
±
PH04
DATE:
March 5, 2014
TO:
Gregory A. Sundstrom, City Manager
FROM:
Kara L. Wood, Economic Development Director
SUBJECT:
Information for a Public Hearing to Consider an Application
for an Obsolete Property Rehabilitation Exemption Certificate
Under P.A. 146 of 2000 – Klingman Lofts I, LLC at 48 and 60
Wealthy Street SW
On March 11, 2014 at 7:00 p.m., the City Commission will hold a public hearing to
consider an application filed by Klingman Lofts I, LLC for a ten-year Obsolete Property
Rehabilitation Exemption Certificate pursuant to P.A. 146 of 2000 for property located at
48 and 60 Wealthy Street SW (the “Property”).
As part of the financing structure for the project, Klingman Lofts I, LLC and Klingman
Lofts II, LLC will each own approximately 50% of the building which is proposed to be
divided into four condominium units. Both property owners have submitted an
application for an Obsolete Property Rehabilitation Exemption Certificate related to the
portion of the property each will own, and each application requires a separate public
hearing.
Klingman Lofts I, LLC and Klingman Lofts II, LLC (collectively the “Developer”) have a
purchase agreement to acquire the Property which contains a four-story, 129,000
square foot building which was originally constructed more than a century ago with
multiple additions having been added over the ensuing decades. The building is
commonly known as the Klingman building and has recently been placed on the
national register of historic places. The Developer proposes to demolish the additions,
completely rehabilitate and renovate the 112,000 square foot original building; and
construct a new, 40,000 square foot parking structure. The project will result in the
complete rehabilitation of the building for use as approximately 83 new residential
workforce rental apartments and 15,000 square feet of first-floor commercial space.
Total project costs are estimated at approximately $32 million.
As the project is proposed, the second through fourth floors will contain the residential
units anticipated to be supported with Low-Income Housing Tax Credits and subject to
Payment in Lieu of Taxes which the City Commission conditionally approved on July 23,
2013. Therefore, the Developer’s request for establishment of an Obsolete Property
Rehabilitation District relates only to the first floor commercial portion of the property.
Due to floors of varying heights; outdated electrical, mechanical and plumbing systems;
significant foundation and structural deficiencies; and general disrepair, the City
Assessor has determined that the first floor of the property is functionally obsolete and
unable to be used and adequately perform the function of the proposed use.
The Klingman building presents a particular challenge in its redevelopment due to the
continued settling of the foundation. Significant shoring and stabilization will be required
with approximately 650 helical piers and grade beams to stabilize the building and
prevent further settling in order to make it usable for the intended purpose.
The rehabilitation cost of the first floor, and therefore the subject of the Developer’s
exemption request, is approximately $2,900,000. Each entity of the Developer will
make an approximately equivalent investment of $1.45 million. Although no tenants
have been secured for the commercial space, the Developer estimates that 20 new fulltime equivalent jobs could be created with an average wage of approximately $10 per
hour. In addition to the employment related income tax, it is estimated that $10,146 in
new city income tax could be paid annually by wage-earners living in the residential
apartments.
The Economic Development Project Team reviewed the project at its meeting on
February 11. There are no outstanding environmental violations at the property and the
Developer is current on its tax obligations to the City. The project is in accordance with
the City’s Master Plan and is permitted as proposed in the zone district. The project lies
within the development area of the Downtown Development Authority (DDA), but is not
within the DDA’s Tax Increment Finance District; therefore, the requested exemption
would have no impact on revenues of the DDA.
PROJECT PROJECTIONS*
COMBINED REQUEST OF KLINGMAN LOFTS I, LLC AND KLINGMAN LOFTS II, LLC
Total Amount
Investment – Real Property
Investment – Personal Property
Retained Jobs
New Jobs
Average Hourly Wage
Total New Taxes Generated (1 year)
New Taxes Abated (1 year)
Taxes Paid (1 year)
New City Income Taxes
$2,900,000
$0
0
20 (FTE)
$10.00
$71,837
$54,263
$17,574
City of Grand Rapids
Portion
$11,967
$11,967
$0
$14,306
This is the fifth step in the process to approve a future Obsolete Property Rehabilitation
District and Obsolete Property Rehabilitation Exemption Certificate under PA 146 of
2000.
KLW/jk
cc: Eric R. DeLong
Exhibit A - Proposed Obsolete Property Rehabilitation District
Klingman
Lofts
I, LLC
and
Klingman
Exhibit
A - 48
and 60
Wealthy
StreetLofts
SW II, LLC
Legend
48 and 60 Wealthy Street SW
DIVISION
IONIA
US13
1
US13
WEALTHY
DIVISION
1
District Request is for First Floor Only
MCCONNELL
Economic Development Office
March 2014
±
PH
DATE:
March 5, 2014
TO:
Gregory A. Sundstrom, City Manager
FROM:
Kara L. Wood, Economic Development Director
SUBJECT:
Information for a Public Hearing to Consider an Application
for an Obsolete Property Rehabilitation Exemption Certificate
Under P.A. 146 of 2000 – Klingman Lofts II, LLC at 48 and 60
Wealthy Street SW
On March 11, 2014 at 7:00 p.m., the City Commission will hold a public hearing to
consider an application filed by Klingman Lofts II, LLC for a ten-year Obsolete Property
Rehabilitation Exemption Certificate pursuant to P.A. 146 of 2000 for property located at
48 and 60 Wealthy Street SW (the “Property”).
As part of the financing structure for the project, Klingman Lofts I, LLC and Klingman
Lofts II, LLC will each own approximately 50% of the building which is proposed to be
divided into four condominium units. Both property owners have submitted an
application for an Obsolete Property Rehabilitation Exemption Certificate related to the
portion of the property each will own, and each application requires a separate public
hearing.
Klingman Lofts I, LLC and Klingman Lofts II, LLC (collectively the “Developer”) have a
purchase agreement to acquire the Property which contains a four-story, 129,000
square foot building which was originally constructed more than a century ago with
multiple additions having been added over the ensuing decades. The building is
commonly known as the Klingman building and has recently been placed on the
national register of historic places. The Developer proposes to demolish the additions,
completely rehabilitate and renovate the 112,000 square foot original building; and
construct a new, 40,000 square foot parking structure. The project will result in the
complete rehabilitation of the building for use as approximately 83 new residential
workforce rental apartments and 15,000 square feet of first-floor commercial space.
Total project costs are estimated at approximately $32 million.
As the project is proposed, the second through fourth floors will contain the residential
units anticipated to be supported with Low-Income Housing Tax Credits and subject to
Payment in Lieu of Taxes which the City Commission conditionally approved on July 23,
2013. Therefore, the Developer’s request for establishment of an Obsolete Property
Rehabilitation District relates only to the first floor commercial portion of the property.
Due to floors of varying heights; outdated electrical, mechanical and plumbing systems;
significant foundation and structural deficiencies; and general disrepair, the City
Assessor has determined that the first floor of the property is functionally obsolete and
unable to be used and adequately perform the function of the proposed use.
The Klingman building presents a particular challenge in its redevelopment due to the
continued settling of the foundation. Significant shoring and stabilization will be required
with approximately 650 helical piers and grade beams to stabilize the building and
prevent further settling in order to make it usable for the intended purpose.
The rehabilitation cost of the first floor, and therefore the subject of the Developer’s
exemption request, is approximately $2,900,000. Each entity of the Developer will
make an approximately equivalent investment of $1.45 million. Although no tenants
have been secured for the commercial space, the Developer estimates that 20 new fulltime equivalent jobs could be created with an average wage of approximately $10 per
hour. In addition to the employment related income tax, it is estimated that $10,146 in
new city income tax could be paid annually by wage-earners living in the residential
apartments.
The Economic Development Project Team reviewed the project at its meeting on
February 11. There are no outstanding environmental violations at the property and the
Developer is current on its tax obligations to the City. The project is in accordance with
the City’s Master Plan and is permitted as proposed in the zone district. The project lies
within the development area of the Downtown Development Authority (DDA), but is not
within the DDA’s Tax Increment Finance District; therefore, the requested exemption
would have no impact on revenues of the DDA.
PROJECT PROJECTIONS*
COMBINED REQUEST OF KLINGMAN LOFTS I, LLC AND KLINGMAN LOFTS II, LLC
Total Amount
Investment – Real Property
Investment – Personal Property
Retained Jobs
New Jobs
Average Hourly Wage
Total New Taxes Generated (1 year)
New Taxes Abated (1 year)
Taxes Paid (1 year)
New City Income Taxes
$2,900,000
$0
0
20 (FTE)
$10.00
$71,837
$54,263
$17,574
City of Grand Rapids
Portion
$11,967
$11,967
$0
$14,306
This is the fifth step in the process to approve a future Obsolete Property Rehabilitation
District and Obsolete Property Rehabilitation Exemption Certificate under PA 146 of
2000.
KLW/jk
cc: Eric R. DeLong
Exhibit A - Proposed Obsolete Property Rehabilitation District
Klingman
Lofts
I, LLC
and
Klingman
Exhibit
A - 48
and 60
Wealthy
StreetLofts
SW II, LLC
Legend
48 and 60 Wealthy Street SW
DIVISION
IONIA
US13
1
US13
WEALTHY
DIVISION
1
District Request is for First Floor Only
MCCONNELL
Economic Development Office
March 2014
±
PH05
DATE:
March 5, 2014
TO:
Gregory A. Sundstrom, City Manager
FROM:
Kara L. Wood, Economic Development Director
SUBJECT:
Information for a Public Hearing to Consider the Creation of
the City of Grand Rapids WestSide Corridor Improvement
Authority and the Boundaries of the Authority Development
Area
On March 11, 2014, the City Commission will hold a public hearing to consider the
creation of the City of Grand Rapids WestSide Corridor Improvement Authority (the
“Authority”) and the boundaries of the Authority’s development area related to the report
and proposal submitted by the WestSide Steering Committee. Notice of the public
hearing has been made in accordance with Public Act 280 of 2005.
The request and proposal submitted is for the designation of a Corridor Improvement
District (CID) for a contiguous area which includes the West Fulton Business District,
Stockbridge Business District, and the West Leonard Business District. The WestSide
Steering Committee is comprised of business and neighborhood stakeholders from the
business districts as well as the surrounding South West Area, John Ball Park and West
Grand neighborhoods.
Neighborhood Ventures, a neighborhood economic
development organization, has been assisting the committee with the creation of its
proposal.
Over the past three years, stakeholders led by the steering committee have gone
through many meetings, planning sessions and design charrettes to define their vision
for the area. The stakeholder group believes that the creation of a CID will be one of
the best ways to begin to realize their vision. The priorities of safe neighborhoods,
quality public spaces, thriving business districts that include strong locally owned
businesses as well as national investments, and a positive image that creates a sense
of community pride, can be made a reality through the creation of a CID that will
improve and maintain public infrastructure, correct and prevent deterioration, and
promote neighborhood aligned economic growth.
The creation of a CID for the WestSide would mandate the formation of a local Authority
Board which would represent the needs of the development district. Additionally, this
Authority Board will be charged with writing a concrete development plan supported by
financing for the district. The incremental taxes generated from improvements and new
development in the area would be reinvested within the district from a designated
project plan. In addition, further resources to realize improvements outlined in the
redevelopment plan would be leveraged.
The WestSide Steering Committee has reported progress to the Economic
Development Project Team (EDPT). On January 7, 2014, the Steering Committee
received approval from the EDPT to move the intent to establish the CID and the
Authority Board to the City Commission. The proposed plan satisfies the criteria as set
by City Commission Policy Number 900-49, which was adopted on November 13, 2007
and amended January 27, 2009.
In addition to the CID, the WestSide Steering Committee will study the creation of a
Business Improvement District (BID) as permitted by statute. The BID would be a
special assessment district, the revenues of which may be used for public
improvements and/or maintenance within the development area.
The proposed district boundaries run along Stockbridge, West Fulton, and West
Leonard traditional business districts in a contiguous pattern which utilizes a Seward
Avenue connector. The proposed projects outlined in this request would all take place
within the boundaries of the proposed development area. The district includes 824
parcels with a combined total ground floor square footage of 4,214,068.85 square feet.
The total commercial ground floor square footage is 61.86%. Attached is a map of the
proposed boundaries of the WestSide Corridor Improvement District.
KLW
Attachments
EXHIBIT A
PROPOSED BOUNDARY OF THE WESTSIDE CORRIDOR IMPROVEMENT
AUTHORITY
PH06
DATE:
March 1, 2014
TO:
Gregory A. Sundstrom
City Manager
FROM:
James H. Hurt, Director
Public Services Department
SUBJECT:
INFORMATION ITEM: Public Hearing for 2014 Michigan
Department of Natural Resources Passport Grant Applications
A public hearing is scheduled on March 11, 2014 for submittal of two Passport grant
applications to the Michigan Department of Natural Resources. If awarded, funding
would be used to:
•
•
Renovate the tennis courts at Aberdeen Park;
Improvements to the lodge building and picnic area at Richmond Park.
Each grant maximum is $45,000 and each grant will require matching dollars to
complete the projects. The Grand Rapids Tennis Patrons have expressed interest in
providing a portion of the match for Aberdeen and the remaining match is included in
the Parks Department operating budget.
JH
cc: Connie M. Bohatch
James Arsulowicz
Kim Dixon

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