A g e n d a Regul a r Meeting of the City Commi...

Agenda Regular Meeting of the City Commission C i t y o f K a l a m a z o o

Tuesday, September 6, 2011 7:00 p.m. City Commission Chambers – 241 West South Street

A. CALL TO ORDER/ROLL CALL B. OPENING CEREMONY

1. Invocation: Deacon Pat Hall, Catholic Diocese of Kalamazoo 2. Pledge of Allegiance 3. Remembrance of September 11th: Chief Jeffrey M. Hadley, Kalamazoo

Department of Public Safety 4. Introduction of Guests 5. Proclamations

a. Downtown Kalamazoo Lions Club 90th Anniversary C. ADOPTION OF FORMAL AGENDA D. COMMUNICATIONS

1. The public is invited to attend the following meetings of boards and commissions:

a. The Kalamazoo-Numazu Sister City Committee will meet on

Wednesday, September 7, 2011 at 5:30 p.m., in the Community Room at City Hall.

b. The Friends of Recreation will meet on Thursday, September 8,

2011 at 8:00 a.m., in the Parks & Recreation Community Room, Mayors’ Riverfront Park, located at 251 Mills Street.

c. The Traffic Board will meet on Thursday, September 8, 2011 at

2:00 p.m., in the Public Services’ Conference Room, located at 415 Stockbridge Avenue.

d. The Community Development Act Advisory Committee will

meet on Thursday, September 8, 2011 at 6:30 p.m., in the Community Room at City Hall.

e. The Zoning Board of Appeals will meet on Thursday, September

8, 2011 at 7:00 p.m., in the City Commission Chambers at City Hall.

City Commission Agenda Page 2 of 5 September 6, 2011

f. The Economic Development Corporation will meet on Thursday, September 15, 2011 at 7:30 a.m., in the Community Room at City Hall. The Brownfield Redevelopment Authority will meet immediately following.

g. The Downtown Development Authority will meet on Monday,

September 19, 2011 at 3:00 p.m., in the Community Room at City Hall.

2. The City is accepting applications for appointment to various city

Commission advisory boards and commissions. Interested citizens are encouraged to contact the City Clerk’s Office at 337-8792 to request an application form or to obtain additional information on board vacancies.

E. PUBLIC HEARINGS

1. Receive public comments regarding a recommendation to adopt RESOLUTION #4 for the purpose of approving the 2010 Kalamazoo Mall Sidewalk Maintenance Assessment at a per front foot cost of $13.022. (Action: Motion to adopt the resolution)

F. CONSENT AGENDA

(Action: Motion to approve items “1-8”)

1. Consideration of a recommendation to approve a change order with Peters Construction Company for the replacement of water main on Lake Street from Portage Street to Walter Street in the amount of $253,430.30.

2. Consideration of a recommendation to approve a one-year term contract with Great Lakes Lubricants, Inc. for the purchase of various types of lubricants at a total cost not to exceed $166,000.

3. Consideration of a recommendation to approve a one-year contract extension with KA Steel Chemicals, Inc. for the purchase of 16% sodium hypochlorite, by volume, at a total cost of $149,637.80.

4. Consideration of a recommendation to authorize the City Manager to

execute an Amendment to the “Urban Cooperation Agreement” to establish a Public Arts Commission of October 20, 1981, as amended on May 6, 1986, to repeal Section 4. (c) of the Agreement pertaining to the appointment of Public Arts Commission member by the Chamber of Commerce, and replace with a new Section 4. (c) that states: “A member of the Board of Discover Kalamazoo who shall be appointed by said Board.”

5. Consideration of a recommendation to adopt a RESOLUTION approving

an amendment to the City of Kalamazoo’s Brownfield Plan [Amended and Restated Brownfield Plan (Amendment No. 19)] implemented and recommended for approval by the City of Kalamazoo Brownfield


Redevelopment Authority following a public hearing before the Brownfield Redevelopment Authority.

6. Consideration of a recommendation to accept a Justice Assistance Grant

(JAG) award from the U.S. Justice Department in the amount of $92,870 and to authorize the City Manager to sign the Grant award and special conditions document.

7. Consideration of a recommendation to approve the sale of 1114 Lane

Street to NaStashia Green for $53,000. 8. Consideration of a recommendation to approve the minutes from the

following City Commission meetings: the Regular Neighborhood Meeting on August 15, 2011; and the Regular Business Meetings on August 15 and August 29, 2011.

G. REGULAR AGENDA H. REPORTS AND LEGISLATION

1. City Clerk’s Report 2. City Manager’s Report

I. UNFINISHED BUSINESS J. POLICY ITEMS K. NEW BUSINESS L. CITIZEN COMMENTS M. MISCELLANEOUS COMMENTS AND CONCERNS BY COMMISSIONERS N. CLOSED SESSION

1. Consideration of a recommendation to go into closed session to discuss labor negotiations. (Action: Motion to go into closed session)

O. ADJOURNMENT

http://www.kalamazoocity.org/


ADDITIONAL INFORMATION Questions regarding agenda items may be answered prior to the meeting by contacting the City Manager's Office at 269.337.8047. Persons with disabilities who need accommodations to effectively participate in City Commission meetings should contact the City Clerk's Office at 337-8792 a week in advance to request mobility, visual, hearing or other assistance. Agendas for the regular meetings of the Kalamazoo City Commission are available on the Internet at: www.kalamazoocity.org Kalamazoo City Commission meetings are held the first, third and fifth Mondays at 7:00 p.m. and are shown live on Public Media Network Channel 21. The meetings are rebroadcast on Tuesday afternoon at 2:00 p.m. on Channel 21 and Saturday morning at 9:00 a.m.

GUIDELINES FOR PUBLIC PARTICIPATION AT CITY COMMISSION MEETINGS Welcome to the Kalamazoo City Commission meeting, and thank you for your participation in Kalamazoo local government. The City Commission recognizes that citizens who make the effort to attend a Commission meeting often feel passionately about an issue. The following guidelines are not meant to discourage individual expression; rather, they exist to facilitate the orderly conduct of business and to ensure that all citizens who wish to address the City Commission are able to do so in an atmosphere of civility and respect, without fear or intimidation. 1. Out of respect for business being conducted during the meeting, please turn off all cell

phones and pagers prior to the start of the meeting. 2. In an effort to maintain order and to allow a respectful discussion, please do not make

comments from the audience area. Audience members should also refrain from applause or other audible noise at times not formally recognized as appropriate by the meeting chair.

3. Citizens have opportunities to address the Commission at the following times during a

meeting: a. Consideration of Regular Agenda items. Citizens are permitted to speak to the

Commission on Regular Agenda and Unfinished Business prior to the City Commission voting, except those votes setting a public hearing. (Note: The Consent Agenda is a list of items proposed for City Commission approval to be voted upon all at one time. This is a time-saving procedure as most Consent Agenda items are housekeeping measures. A citizen may request an item be removed from the Consent Agenda for individual consideration or discussion.) Comments must be germane to the specific item under consideration.

b. The Citizen Comment period near the end of the meeting is for comment on

Agenda or Non-Agenda items. 4. To address the City Commission, please sign in at the podium near the Clerk’s station

and then proceed to the podium directly in front of the dais when invited by the meeting


chair. Before beginning your comments, please clearly state your name for the record and whether you reside within the city limits. Comments are limited to four minutes.

5. Citizen comment periods are a time for citizens to make comments; they are not

intended as a forum for debate or to engage in question-answer dialogues with the Commission or staff. Commissioners are encouraged not to directly respond to speakers during citizen comment periods. At the conclusion of a speaker’s remarks, the Mayor or individual Commissioners may refer a question to City staff, if appropriate. Also, individual Commissioners may choose to respond to speakers during “Miscellaneous Comments and Concerns of Commissioners.”

6. Signs, placards and banners are permitted in Chambers during open meetings but only

along the perimeter of the room (side and back walls) and only if they do not obstruct the vision of others.

*********************

If you have any questions, please feel free to contact the City Clerk’s Office at 269.337.8792

Date: 09/06/11 Item E1

Commission A genda Report C i t y of K a l a m a z o o

TO: Mayor Hopewell, Vice Mayor McKinney, and City Commissioners FROM: Kenneth P. Collard, City Manager, ICMA-CM, PE

Reviewed By: Bruce E. Merchant, Public Services Managing Director Prepared By: Wendy Burlingham, Administrative Support Coordinator

DATE: August 23, 2011 SUBJECT: 2010 Kalamazoo Mall Maintenance Assessment RECOMMENDATION It is recommended that the City Commission adopt Resolution #4 for the purpose of approving the 2010 Kalamazoo Mall Sidewalk Maintenance Assessment at a per front foot cost of $13.022. BACKGROUND Historically, owners of properties on the Kalamazoo Mall have been assessed on a per front foot cost to recover the cost of annual sidewalk maintenance activities performed by City of Kalamazoo staff. This figure varies from year to year, mainly due to snow removal activities. The assessment was originally designed to cover expenses for general sidewalk maintenance including sweeping and cleaning, litter control, and brick repair. It should be noted that the assessment does not cover expenses for turf maintenance, lighting, flower plantings, crosswalk area maintenance, or the holiday decoration program. It should also be noted that the 2010 Assessment will be billed to individual property owner’s in October 2011. COMMUNITY RESOURCES CONSULTED In 1999, the City of Kalamazoo, property owners and Downtown Kalamazoo Incorporated, (DKI), reached an agreement designed to protect property owners from significant increases due to weather conditions as well as to ensure that the City of Kalamazoo recovers the true cost of performing this work. The agreement included the following:

1. There will be one rate for mall maintenance, rather than one rate for those properties fronting on the snow melt system and those without snow melt.

2. The assessed rate will be an average of the last three years of actual costs to perform this work or the actual cost for the year being assessed, should it be lower than the three year average.

Kalamazoo City Manager's Office ! 241 W. South Street, Kalamazoo, MI 49007 ! (269) 337-8047

Fax: (269) 337-8182

Commission Agenda Report – 2010 Kalamazoo Mall Maintenance Assessment Page 2

Kalamazoo City Manager's Office ! 241 W. South Street, Kalamazoo, MI 49007 ! (269) 337-8047

Fax (269) 337-8182

3. If the actual cost for the year being assessed is greater than the three year average,

DKI will cover the “shortfall”, up to $15,000. The 2010 assessment will not require a subsidy from DKI.

FISCAL IMPACT

Actual Cost Three Year Average

2008 $15.30 $14.336 2009 $18.375 $15.661 2010 $13.022 $15.556

Following the public hearing, assessment notices will be distributed in the amount of $13.022 per front foot for a total of $37,766.61. This assessment will reimburse the General Fund for Mall maintenance activities performed during the 2010 season. It should be noted that this assessment roll represents only 8.4% of the 2010 Kalamazoo Mall Maintenance budget of $447,386. ATTACHMENTS Resolution #4 Response Cards

#4 CITY OF KALAMAZOO, MICHIGAN

RESOLUTION NO. 4 RE: IMPROVEMENT PROJECT

2010 KALAMAZOO MALL MAINTENANCE PROGRAM

RESOLUTION NO. ______________

Minutes of a regular meeting of the City Commission of the City held on September 6, 2011, at or after 7:00 p.m., local time, at Kalamazoo City Hall, 241 W. South Street, Kalamazoo, Michigan. PRESENT, Commissioners: ABSENT, Commissioners: The following preamble and resolution was offered by _____________________________ and supported by_______________________________:

WHEREAS, the City Commission has met in public hearing, as resolved and noticed for the purpose of reviewing a special assessment roll prepared for the purpose of defraying the private property share of the expense of the above-entitled project; has heard all persons desiring to be heard with respect to the expenses, necessity, and assessment thereof, orally or in writing; and has made all corrections thereto as were necessary to order construction of the project;

BE IT RESOLVED:

(1) That the undertaking of said improvement project is hereby determined to be necessary, that the benefits to adjoining property exceed the assessments, and the work is hereby approved and ordered done;

(2) That the following designated special assessment roll, namely Maintenance Roll No. 40 shall be divided, be payable, bear interest and penalty fees, and be subject to such other terms as appear in said roll or were provided in prior resolutions in this series, except as amended as follows:

[There are no amendments.]

(3) That said assessment roll is confirmed in the amount of $37,766.61which will be assessed to property owners.

(4) That the special assessments upon the above project shall be collected directly from the special assessment roll herein confirmed, and the City Clerk is hereby directed to attach a warrant to the same, commanding the City Treasurer to collect from each of the

persons or parcels assessed the amount of money assessed to such person or parcel in the manner provided and in accordance with the City Charter, including interest and penalty fees, and the same shall be a lien upon said parcel from and after this date in favor of the City.

(5) The special assessment to be imposed shall be paid on October 1, 2011, and there shall be charged from such date a penalty of one-half (1/2) of one percent (1%) per month or major fraction thereof upon any sums not paid within thirty (30) days after the same shall become due and payable. The above resolution was offered by and supported by ___________________________________________. AYES, Commissioners: NAYS, Commissioners: ABSTAIN, Commissioners: RESOLUTION DECLARED ADOPTED. CERTIFICATE The foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Kalamazoo at a regular meeting held on September 6, 2011. Public notice was given and the meeting was conducted in full compliance with the Michigan Open Meetings Act (PA 267, 1976). Minutes of the meeting will be available as required by said Act.

_______________________________ Scott A. Borling City Clerk

STATE OF MICHIGAN CITY OF KALAMAZOO COUNTY OF KALAMAZOO IN THE NAME OF THE PEOPLE OF THE STATE OF MICHIGAN TO THE CITY TREASURER OF THE CITY OF KALAMAZOO, IN THE COUNTY OF KALAMAZOO, AND THE STATE OF MICHIGAN, AND HIS SUCCESSOR IN OFFICE:

In accordance with a resolution adopted by the City Commission of the City of Kalamazoo, and in accordance with the provisions of the Charter of said City, you will find attached a copy of Mall Maintenance Roll No. ___, together with a copy of the resolution adopted on September 6, 2011, and you or your successor in office are hereby commanded to levy and collect from the persons, firms, and corporations named in said roll the taxes herein set forth in accordance with the provisions of said Charter and the statute in such case and provided that if any person, firm, or corporation shall neglect or refuse to pay any tax assessed to him or them, as provided in the City Charter and the statutes of the State of Michigan in such case made and provided, then you shall collect the same by seizing the personal property of such person, firm, or corporation to an amount sufficient to pay such tax, fees, and charges for subsequent sale whenever the same may be found in the state and from which seizure no property shall be exempt as provided by law, and for doing so this shall be your sufficient warrant.

Given under my hand in accordance with the resolution and order of the City Commission and the Charter of the City of Kalamazoo this day of ______________________, 2011.

_____________________________________ Scott A. Borling City Clerk

Date: 09/06/11Item F1 Commission

A genda Report C i t y of K a l a m a z o o

TO: Mayor Hopewell, Vice Mayor McKinney, and City Commissioners FROM: Kenneth P. Collard, City Manager, ICMA-CM, P.E.

Reviewed By: Bruce E. Merchant, Public Services Managing Director Prepared By: Fred Nagler, P.E. City Engineer

DATE: August 31, 2011 SUBJECT: Change order to Purchase Order No. P-015860 with Peters Construction

Company to add the replacement of the water main on Lake Street from Portage Street to Walter Street

RECOMMENDATION It is recommended that the City Commission approve a change order in the amount of $253,430.30 to Purchase Order No. P-015860 with Peters Construction Company for the replacement of the water main on Lake Street from Portage Street to Walter Street. BACKGROUND Lake Street between Portage Street and Bank Street is scheduled for extensive improvements under the 2011 Major Streets Capital Program. As part of any road improvement and resurfacing project, existing City utilities that are under the roadway are assessed prior to the start of construction. The 12-inch water main on Lake Street between Portage and Walter Streets has experienced eight breaks in the last 45 years at various locations. Based on this break history and the desire to replace existing infrastructure in conjunction with major street projects, it was determined that the 12-inch water main under this section of Lake Street would be replaced. Given the assignment of other duties and time constraints, City crews are unable to replace this water main this summer prior to the resurfacing project. This final determination that City crews were unavailable occurred shortly before the bidding and awarding of the overall 2011 Major Streets contract. This left insufficient time to revise and prepare bid documents, advertise, award the project and complete the work during this construction season. Based on the appropriateness of replacing the water main prior to road resurfacing Engineering staff approached two firms that are already under contract with the City and that are capable of performing the necessary water main work for quotes. This was with the understanding that the water main replacement was not included in the original resurfacing costs associated with Lake Street. Of the two firms approached, Peters Construction, which holds the 2011 Local Streets paving contract provided the lower quote.

Kalamazoo City Manager's Office ! 241 W. South Street, Kalamazoo, MI 49007 ! 269.337.8047

Fax: 269.337.8182

Commission Agenda Report – Peters Construction Change Order – Lake Street Page 2


Fax: 269.337.8182

Engineering staff carefully reviewed the quote from Peters Construction and found that the quoted price was consistent with prices of other projects of similar scope and complexity. In addition, Peters has performed similar projects for the City in the past and staff has been consistently been very satisfied with their work. FISCAL IMPACT Funding for the water main replacement is available in the water main portion of the 2011 Water Capital Improvement Program. In addition to the $253,430.30 for construction, it is anticipated that another $65,000 will be needed for engineering, testing and contingency for a total project cost of $318,430.30. Available funding and anticipated costs can be summarized as follows: Funding Water Capital $318,430.30 Costs Construction $253,430.30 Engineering & Contingencies $ 65,000.00 Total Anticipated Costs $318,430.30 COMMUNITY RESOURCES CONSULTED No outside resources were consulted for this project ALTERNATIVES The alternative of not approving the change order is not recommended as the condition of the existing main makes replacement imperative and the time it would take to go through the typical bid and award process would push the construction timeframe beyond this year’s construction season.

To: Contact:City of Kalamazoo Fran Renaldi

Lake Street Water MainProject Name: Bid Number:

Fax: (269) 337-8533Kalamazoo, MI 49001

Address: Public Services Dept., 415 Stockbridge Phone: (269) 337-8002

Project Location: Lake Street, Kalamzoo, MI Bid Date: 6/15/2011

Total PriceUnit PriceUnitItem DescriptionLine # Estimated Quantity

1 1.00 LS $1,153.20 $1,153.20Mobilization, Max $50002 1,727.00 SY $6.83 $11,795.41Pavement Rem, Modified3 100.00 CY $16.44 $1,644.00Subgrade Undercutting, Type II4 10.00 ST $193.76 $1,937.60Machine Grading, Modified - Fine Grade Trench5 4.00 EACH $37.99 $151.96Erosion Control, Inlet Protection6 1,727.00 SY $21.64 $37,372.28Conc Base, NonReinf, 6"7 2.00 CY $276.81 $553.62Concrete Saddle over Sanitary8 15.00 EACH $53.43 $801.45Barricade, Type III, High Intensity, Double Sided, Furn9 15.00 EACH $1.07 $16.05Barricade, Type III, High Intensity, Double Sided, Oper10 1.00 LS $500.00 $500.00Flag Control11 1.00 LS $806.82 $806.82Minor Traffic Devices12 20.00 EACH $32.06 $641.20Plastic Drum, High Intensity, Furn13 20.00 EACH $1.07 $21.40Plastic Drum, High Intensity, Oper14 204.00 SF $5.34 $1,089.36Sign, Type B, Temp, Furn15 204.00 SF $0.27 $55.08Sign, Type B, Temp, Oper16 433.00 SY $4.09 $1,770.97Slope Restoration, Special17 12.00 EACH $206.42 $2,477.04Curb Stop and Box18 2.00 LS $277.47 $554.94Remove Hydrant - close valve and cap19 570.00 LF $24.78 $14,124.603/4" Copper Service Line20 24.00 EACH $131.89 $3,165.363/4" Water Serv - Tap Main21 2.00 EACH $1,231.66 $2,463.32Place New Hydrant - supplied by City22 24.00 EACH $67.69 $1,624.56Water Service Reconnect23 2,500.00 LB $2.95 $7,375.00Watermain, Misc Bends, Class 35024 2.00 EACH $499.45 $998.90Cap 12" Main25 1.00 LS $35,062.32 $35,062.32Dewatering26 1.00 LS $277.15 $277.15Filter Bagging for Dewatering27 2.00 EACH $171.49 $342.98Install Gate Valve and Box, 6 inch - supplied by City28 4.00 EACH $498.28 $1,993.12Install Butterfly Valve and Box, 12 inch - supplied by City29 1,116.00 LF $78.23 $87,304.68Watermain, 12", CL 52 DIP, TR Det G30 29.00 CY $232.12 $6,731.48Fill EX. 12" Main with Flowable Fill31 1,615.00 TON $14.29 $23,078.35Trench Backfill

Total Price for above Items: $247,884.20

Aggregate Base32 570.00 TON $9.73 $5,546.10Aggregate Base, 6 Inch, Modified

Total Price for above Aggregate Base Items: $5,546.10

Notes:

• Traffic Control is base on turning Lake Street into a one-way road with the use of signage. The traffic control will be installed for the full duration of the project.

8/17/2011 11:51:30 AM Page 1 of 2

• Dewatering pricing is based on 500 lft along centerline of mainline pipe. If more dewatering is required, we will work on a Time & Materials basis.

• The above prices do not include Performance and Payment Bond.

• The above prices do not include Permits other than specified here within

• We sincerely appreciate the opportunity to provide you with this proposal and your consideration of our firm, and are in hopes that you find this proposal to be complete to your expectations. However, if you require anything further, or would like clarification of any portion of this proposal, please feel free to contact me. Thank you once again for your consideration

• By signing below, individual attests that he/she is the owner of, or legal representative of the prime contractor for this project, or owner of said property, testifies that all known hazardous and contaminated materials have been removed from said property, and authorizes Peters Construction Co. to perform work described herein, in exchange for payment in accordance with our usual terms and conditions. This proposal is considered null and void if written acceptance is not received by the expiration date stipulated hereon.

ACCEPTED:

The above prices, specifications and conditions are satisfactory and are hereby accepted.

Buyer:

Signature:

Date of Acceptance:

CONFIRMED:

Peters Construction Co.

Authorized Signature:

Estimator: Greg Bruner

(269) 377-4947 [email protected]

8/17/2011 11:51:30 AM Page 2 of 2

Kalamazoo City Manager's Office ! 241 W. South Street, Kalamazoo, MI 49007 (269) 337.8047

Fax: (269) 337.8182


Date: 09/06/11 Item F2

TO: Mayor Hopewell, Vice Mayor McKinney and City Commissioners FROM: Kenneth P. Collard, ICMA-CM, P.E., City Manager Reviewed By: Tom Skrobola, Management Services/Finance Director

Prepared By: Nicholas Lam, Purchasing Director DATE: August 18, 2011 SUBJECT: Term Contract for Lubricants RECOMMENDATION It is recommended that the City Commission approve a one-year term contract with Great Lakes Lubricants, Inc. for the purchase of various types of lubricants at a total cost not to exceed $166,000.00. BACKGROUND Bids were solicited for a one-year term contract to purchase various types of lubricant products and optional technical and testing services. Lubricants, including motor oil, transmission fluid, grease and hydraulic oil, are used by the City's vehicles, construction equipment and fixed machinery. The term contract combines the annual requirements for all City departments to obtain the most competitive pricing. Six bids were received and their comparative totals are shown on the attached Bid Results Summary. The overall low bid submitted by Great Lakes Lubricants is recommended for a one-year term contract. This firm is our current lubricants supplier and City staff reports the products and services provided meet the City's requirements. COMMUNITY RESOURCES CONSULTED This recommendation did not require advisory board consultation or additional public input. FISCAL IMPACT Funding is budgeted and available in the various department budgets for purchasing lubricants.

Commission Agenda Report – Term Contract for Lubricants Page 2

Kalamazoo City Manager's Office ! 241 W. South Street, Kalamazoo, MI 49007 (269) 337.8047

Fax: (269) 337.8182

ALTERNATIVES Staff review did not identify other practical alternatives for this recommendation. ATTACHMENTS Bid Results Summary

Date: 09/06/11 Item F3 Commission

A genda Report C i t y of K a l a m a z o o

TO: Mayor Hopewell, Vice Mayor McKinney, and City Commissioners

Kalamazoo City Manager's Office ! 241 W. South Street ! Kalamazoo, MI 49007 ! (269) 337-8047

Fax: (269) 337-8182

FROM: Kenneth P. Collard, City Manager, ICMA-CM, P.E. Reviewed By: Bruce E. Merchant, Public Services Managing Director Prepared By: Jim Cook, Senior Operations Supervisor

DATE: August 26, 2011 SUBJECT: Chemical Contract for Sodium Hypochlorite RECOMMENDATION It is recommended that the City Commission approve a one-year contract extension for the purchase of 16% sodium hypochlorite, by volume, from KA Steel Chemicals, Incorporated of Romulus, Michigan in the amount of $149,637.80. The 2011 portion of the contract is $37,520.00 and the 2012 portion of the contract is $112,117.80. BACKGROUND Sodium Hypochlorite is a strong version of liquid household bleach and an alternative to chlorine gas for disinfection of Kalamazoo's Water Reclamation Plant’s (KWRP) effluent prior to discharging to the Kalamazoo River. Disinfection of the plant effluent is required by the State of Michigan. Sodium Hypochlorite is currently being used successfully to disinfect the plant’s effluent. Additional sodium hypochlorite is needed to meet NPDES permit requirements compared to the previous contract. Costs for raw materials used to manufacture sodium hypochlorite have also increased over the last year which contributes to increased chemical cost.

COMMUNITY RESOURCES CONSULTED No community resources were consulted for this contract. FISCAL IMPACT Funds for the 2011 portion of this contract are included in the 2011 Wastewater Treatment Chemical budget. Funds for the 2012 portion of the contract will be included in the proposed 2012 Wastewater Treatment Chemical budget.

Commission Agenda Report – Chemical Contract for Sodium Hypochlorite Page 2

Kalamazoo City Manager's Office ! 241 W. South Street ! Kalamazoo, MI 49007 ! (269) 337-8047

Fax: (269) 337-8182

ALTERNATIVES Chlorine gas has been used historically at the Water Reclamation Plant since the 1950s. It has generally been a less expensive disinfectant than sodium hypochlorite. However, chlorine gas is very dangerous to handle which creates handling risks for City employees. In the past, up to 6 one-ton chlorine gas cylinders have been needed to provide disinfection at the Water Reclamation Plant. Such large storage of chlorine gas presents a large exposure to the gas if accidental or intentional rupture of these cylinders were to occur. Liquid sodium hypochlorite is much less hazardous to store and use so the decision was made several years ago to eliminate use of chlorine gas at the plant. ATTACHMENT Not applicable

Kalamazoo City Manager's Office ! 241 W. South Street, Kalamazoo, MI 49007 ! 269.337.8047!

Fax: 269.337.8182

Commission Agenda Report C i t y of K a l a m a z o o

Date: 09/06/11Item F4


Reviewed By: Jerome R. Kisscorni, Executive Director of the EDC Prepared By: Martha Aills, Special Projects Coordinator

DATE: August 31, 2011 SUBJECT: Kalamazoo County Public Arts Commission RECOMMENDATION It is recommended that the City Commission authorize the City Manager to execute an Amendment to the “Urban Cooperation Agreement to establish a Public Arts Commission” of October 20, 1981, as amended on May 6, 1986, to repeal Section 4.(c) of the Agreement, pertaining to the appointment of a Public Arts Commission member by the Chamber of Commerce, and replace with a new Section 4.(c) that states: “A member of the Board of Discover Kalamazoo who shall be appointed by said Board.” BACKGROUND In 1981, the City of Kalamazoo and Kalamazoo County entered into an Urban Cooperation Agreement to establish a Public Arts Commission for the purposes of assisting the community in commissioning public art – its selection, placement and management. In 1986 that agreement was amended to include the City of Portage. Kalamazoo County Public Arts Commission (KCPAC) is a non-funded, volunteer organization which has garnered significant resources for community arts activities over the years. It led the selection, installation and/or funding of several projects, including the Wheel of History on the North Mall, the statue in Martin Luther King Jr. Memorial Park and art commissions for the Portage District Library. Members are currently collaborating with DKI on a maintenance/repair plan for the Wheel of History. In response to art community concerns, KCPAC is currently revitalizing itself by updating its membership and reviewing its by-laws. This amendment would acknowledge the benefits that KCPAC’s activities could bring to tourism and provide a voice on the Commission for those interests. The amendment was approved by the Kalamazoo County Commission on August 16, 2011 and by the City of Portage on August 23, 2011.

Commission Agenda Report – Kalamazoo County Public Arts Commission Page 2


Fax: 269.337.8182

KCPAC will engage in a strategic planning process in the next few months; the consultant has been selected and the funding source identified. The plan will involve community feedback and determine next steps for the Commission. COMMUNITY RESOURCES CONSULTED The amendment is a recommendation of the Kalamazoo County Public Arts Commission, which consists of representatives from several arts and community organizations, as well as designated representatives from each of the participating jurisdictions. FISCAL IMPACT There is no fiscal impact to the city associated with this amendment. Reactivation of the KCPAC may bring additional resources to the community. ALTERNATIVES The City Commission could reject the proposed amendment. This alternative is not recommended because it would reduce the participation of a relevant organization. ATTACHMENTS Amended Urban Cooperation Agreement to Establish a Public Arts Commission KCPAC Information


Fax: 269.337.8182

Commission Agenda Report C i t y of K a l a m a z o o



Prepared By: Jerome R. Kisscorni, Executive Director of the EDC DATE: August 31, 2011 SUBJECT: Resolution Adopting and Approving the Amended and Restated Brownfield

Plan (Amendment No. 19) Implemented by the City of Kalamazoo Brownfield Redevelopment Authority

RECOMMENDATION It is recommended that the City Commission adopt a resolution approving an amendment to the City of Kalamazoo’s Brownfield Plan [Amended and Restated Brownfield Plan (Amendment No. 19)] implemented and recommended for approval by the City of Kalamazoo Brownfield Redevelopment Authority following a public hearing before the Brownfield Redevelopment Authority. BACKGROUND Periodically, the Brownfield Redevelopment Authority (BRA) requests that the City Commission adopt an amendment to the then current Brownfield Plan. The current version of the plan is Amended and Restated Brownfield Plan (Amendment No. 18). The Brownfield Redevelopment Authority is recommending the adoption of Amended and Restated Brownfield Plan (Amendment No. 19). The particulars of Plan Amendment 19 consist of the addition of one chapter, and are summarized below. " Add Chapter 46 for purposes of a mixed use retail/office/residential development,

located at 155 West Michigan Avenue The one added chapter reflects privately-owned property currently owned by Continental Corporation of Michigan, Inc. Staff and the proposed developer of the property have begun discussions regarding investments intended to prepare the property for future redevelopment. In order to comply with the requirements of Act 381, the addition of the chapter for this property as allowed in Plan Amendment 19 is necessary.

Commission Agenda Report – Brownfield Plan Amendment No. 19 Page 2


Fax: 269.337.8182

As required under Act 381, the BRA held a public hearing on Plan Amendment 19 on August 18, 2011. The adopted BRA resolution is attached. COMMUNITY RESOURCES CONSULTED Other than the public hearing process, no other community resources were consulted. FISCAL IMPACT Tax increment revenues will reimburse the city, BRA or the owner of the property for eligible activities each incurred. City staff and the BRA continue to monitor the Plan and legislative amendments to maximize tax increment revenues so that eligible activities and applicable administrative fees are fully reimbursed, and the BRA collects the additional five years of such revenues as allowed under Act 381. These additional revenues will allow the BRA to leverage such funds for future redevelopments. ALTERNATIVES The City Commission may decline to adopt the resolution approving Plan Amendment 19. This action is not recommended because the proposed amendment is in keeping with the overall administration of the Brownfield Redevelopment Initiative. ATTACHMENTS City Commission Resolution BRA Resolution

CITY OF KALAMAZOO, MICHIGAN

RESOLUTION NO. ___________________

A RESOLUTION ADOPTING AND APPROVING THE CITY OF KALAMAZOO’S AMENDED AND RESTATED BROWNFIELD PLAN (AMENDMENT NO. 19)

Minutes of a regular meeting of the City Commission of the City held on

September 6, 2011, at 7:00 p.m., local time, at the City Hall. PRESENT: ABSENT: RECITALS:

A. The City of Kalamazoo Brownfield Redevelopment Authority (the “Authority”) was created under the provisions of Act 381, Public Acts of Michigan, 1996, as amended (“Act 381”); and B. The Authority and the City have previously implemented, approved and amended the City of Kalamazoo Brownfield Plan (the “Plan”) under Act 381; and

C. On August 18, 2011, the Authority held a public hearing as required under Act 381 and approved the implementation of the Amended and Restated Brownfield Plan (Amendment No. 19) (“Plan Amendment 19”), which adds one chapter; and

D. The City Commission finds that notice of the public hearing was given to all taxing authorities levying ad valorem or specific taxes against any property affected by Plan Amendment 19, and was also given by publication, in accordance with the requirements of Act 381; and E. Following the public hearing, the Authority adopted a resolution recommending that the City Commission approve Plan Amendment 19; and

F. The City Commission has reviewed such resolution and Plan Amendment 19, and finds that such amendment constitutes a public purpose in that:

a. The one added chapter consists of a privately-owned property owned by Continental Corporation of Michigan, Inc.; and

b. In order to comply with the requirements of Act 381, addition of the chapter for

this property as allowed in Plan Amendment 19 is necessary; and c. Plan Amendment 19 otherwise meets all requirements of Section 13 of Act 381.

NOW, THEREFORE, IT IS RESOLVED:

The City of Kalamazoo’s Amended and Restated Brownfield Plan (Amendment No. 19), as implemented by the City of Kalamazoo Brownfield Redevelopment Authority, is hereby adopted and approved.

The above resolution was offered by Commissioner ___________________ and seconded by Commissioner ____________________. AYES: NAYS: ABSTAIN: RESOLUTION DECLARED ADOPTED.

CERTIFICATE The foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Kalamazoo at a regular meeting held on September 6, 2011. Public notice was given and the meeting was conducted in full compliance with the Michigan Open Meetings Act (PA 267, 1976). Minutes of the meeting will be available as required by the Act. _____________________________

Scott A. Borling City Clerk

CITY OF KALAMAZOO BROWNFIELD REDEVELOPMENT AUTHORITY

A RESOLUTION APPROVING THE IMPLEMENTATION OF

CITY OF KALAMAZOO’S AMENDED AND RESTATED BROWNFIELD PLAN (AMENDMENT NO. 19) AND

RECOMMENDING ADOPTION BY THE CITY COMMISSION

Minutes of a regular meeting of the City of Kalamazoo Brownfield Redevelopment Authority held on the August 18, 2011, at 7:30 a.m., local time, at the Community Room of City Hall, 241 West South Street, Kalamazoo, Michigan. PRESENT: Bell, Escamilla, MacKenzie, Miller, Owens, Phillips, Schlueter, Troff ABSENT: Brown, Einspahr, Willis RECITALS:

A. The City has created the City of Kalamazoo Brownfield Redevelopment Authority (the “Authority”), pursuant to the provisions of Act 381, Public Acts of Michigan, 1996, as amended (“Act 381”); and B. The Authority and the City have previously implemented, approved and amended the City of Kalamazoo Brownfield Plan (the “Plan”), pursuant to the provisions of Act 381; and C. The Authority has implemented the Amended and Restated Plan (Amendment No. 19) (“Plan Amendment 19”), which adds one chapter to the Plan, pursuant to the provisions of Act 381; and

D. Under Resolution No. 08-16, the City Commission delegated to the Authority the public hearing process regarding any future proposed amendments to the Plan, including proposed Plan Amendment 19; and E. A public hearing was held by the Authority on August 18, 2011, on Plan Amendment 19; notice of the public hearing was given to all taxing authorities levying ad valorem or specific taxes against any property affected by Plan Amendment 19, and was also given by publication, in accordance with the requirements of Act 381; and F. Following the public hearing on Plan Amendment 19, the Authority, in consideration of any comments heard at the public hearing or written communications received at or prior to the public hearing, determines that Plan Amendment 19 constitutes a public purpose in that:

a. It meets all requirements of Section 13 of Act 381, and

b. The proposed method of financing the costs of eligible activities of Plan Amendment 19 is feasible, and the Authority has the ability to arrange the necessary financing, and

c. The costs of the eligible activities proposed by such amendment are reasonable

and necessary to carry out the purposes of Act 381, and d. The amount of captured taxable value estimated to result from Plan

Amendment 19 is reasonable.

NOW, THEREFORE, IT IS RESOLVED:

The City of Kalamazoo Brownfield Redevelopment Authority approves the implementation of the Amended and Restated Plan (Amendment No. 19) and recommends the City Commission adopt a resolution approving such amendment to the Plan.

The above resolution was offered by Member Owens and seconded by Member Escamilla. AYES: Bell, Escamilla, MacKenzie, Miller, Owens, Schlueter, Troff NAYS: None ABSTAIN: Phillips RESOLUTION DECLARED ADOPTED.

CERTIFICATE The foregoing is a true and complete copy of a resolution adopted by the City of Kalamazoo Brownfield Redevelopment Authority at a regular meeting held on August 18, 2011. Public notice was given and the meeting was conducted in full compliance with the Michigan Open Meetings Act (PA 267, 1976). Minutes of the meeting will be available as required by Act 381. _____________________________

Tonya K. Sloan Recording Secretary

Kalamazoo City Manager's Office #$241 W. South Street, Kalamazoo, MI 49007 * 269.337.8047

Fax: 269.337.8182

Commission A genda Report C i t y o f K a l a m a z o o


To: Mayor Hopewell, Vice-Mayor McKinney, and City Commissioners FROM: Kenneth P. Collard, City Manager - ICMA-CM, P.E.

Reviewed By: Jeff Hadley, Chief of Public Safety Prepared By: Ryan Tibbets, Financial Services Manager DATE: August 24, 2011 SUBJECT: Acceptance of 2011 Justice Assistance Grant (JAG) from the U.S.

Department of Justice in the amount of $92,870. RECOMMENDATION It is recommended that the City Commission accept a JAG award of $92,870 from the U.S. Justice Department and authorize the City Manager to sign the Grant award and special conditions document.

BACKGROUND Kalamazoo Public Safety has received funding under the LLEBG/Byrne/JAG Formula program for over twelve years. For the 2011 JAG program, Public Safety and the Kalamazoo County Sheriffs Department submitted a joint application. Public Safety will serve as the fiduciary of this award. These grant funds will be used to enhance service delivery through the purchase of data capturing software, and equipment and technology. The grant award will be split by the two law enforcement agencies in the following manner: Kalamazoo Public Safety will utilize $73,116 and the Kalamazoo County Sheriffs Department will utilize $19,754 of the grant money. SUMMARY If the City of Kalamazoo accepts the 2011 JAG award of $92,870, funds will be made available for Kalamazoo Public Safety and the Kalamazoo County Sheriff’s Department to enhance service delivery. COMMUNITY RESOURCES CONSULTED This recommendation did not require advisory board consultation or additional public input. FISCAL IMPACT This grant award does not require a local match.

Commission Agenda Report – Acceptance of 2011 Justice Assistant Grant (JAG) Page 2

Kalamazoo City Manager's Office *241 W. South Street, Kalamazoo, MI 49007 *269.337.8047

Fax: 269.337.8182

ALTERNATIVES No alternatives are recommended. ATTACHMENTS Grant award and special conditions document.

Department of Justice

Office of Justice Programs

Bureau of Justice Assistance

Washington, D.C. 20531Office of Justice Programs

August 22, 2011

Mr. Ken CollardCity of Kalamazoo241 W. South StreetKalamazoo, MI 49007-4796

Dear Mr. Collard:

On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local Solicitation in the amount of $92,870 for City of Kalamazoo.Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrativeaction as appropriate.

If you have questions regarding this award, please contact:

- Program Questions, Samuel K. Beamon, Program Manager at (202) 353-8592; and

- Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at [email protected].

Congratulations, and we look forward to working with you.

Sincerely,

Enclosures

Denise O'DonnellDirector

Washington, D.C. 20531

Mr. Ken CollardCity of Kalamazoo241 W. South StreetKalamazoo, MI 49007-4796

August 22, 2011

Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding.

Ensuring Access to Federally Assisted Programs

As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services orbenefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits.

Providing Services to Limited English Proficiency (LEP) Individuals

In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limitedEnglish proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov.

Ensuring Equal Treatment for Faith-Based Organizations

The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors.

The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm.

State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees.

Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office.

Dear Mr. Collard:

Department of JusticeOffice of Justice ProgramsOffice for Civil Rights

Enforcing Civil Rights Laws

All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards.

Complying with the Safe Streets Act or Program Requirements

In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42.205(5) or 31.202(5)).

1) Meeting the EEOP Requirement

In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements:

If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208.

If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.

If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount ofthe award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.

2) Submitting Findings of Discrimination

In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review.

Ensuring the Compliance of Subrecipients

If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.

If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-0690 or visit our website at http://www.ojp.usdoj.gov/ocr/.

Sincerely,

cc: Grant ManagerFinancial Analyst

Michael L. AlstonDirector

GrantPAGE 1 OF

Department of JusticeOffice of Justice Programs


1. RECIPIENT NAME AND ADDRESS (Including Zip Code)

City of Kalamazoo241 W. South StreetKalamazoo, MI 49007-4796

8. SUPPLEMENT NUMBER00

9. PREVIOUS AWARD AMOUNT

10. AMOUNT OF THIS AWARD

$ 0

$ 92,870

11. TOTAL AWARD $ 92,870

1A. GRANTEE IRS/VENDOR NO.386004627

3. PROJECT TITLEKalamazoo JAG 2011

12. SPECIAL CONDITIONS

THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTHON THE ATTACHED PAGE(S).

13. STATUTORY AUTHORITY FOR GRANT

This project is supported under FY11(BJA - JAG) 42 USC 3750, et seq.

15. METHOD OF PAYMENT

GPRS

AGENCY APPROVAL

16. TYPED NAME AND TITLE OF APPROVING OFFICIAL

GRANTEE ACCEPTANCE

Denise O'Donnell

Director

AGENCY USE ONLY

20. ACCOUNTING CLASSIFICATION CODES 21. FISCALYEAR

FUNDCODE

BUD.ACT. OFC.

DIV.REG. SUB. POMS AMOUNT

DJBX 80 00 00 92870

KDJUGT0738

18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL

Ken CollardCity Manager

4. AWARD NUMBER: 2011-DJ-BX-3129

5. PROJECT PERIOD: FROM

BUDGET PERIOD: FROM

6. AWARD DATE 7. ACTION

Initial

08/22/2011

TO

TO

10/01/2010

10/01/2010

09/30/2014

09/30/2014

OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.

OJP FORM 4000/2 (REV. 4-88)

19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE17. SIGNATURE OF APPROVING OFFICIAL

6

AWARD CONTINUATIONSHEETGrant

PAGE 2 OF

Department of JusticeOffice of Justice ProgramsBureau of Justice Assistance

AWARD DATE 08/22/2011PROJECT NUMBER 2011-DJ-BX-3129

SPECIAL CONDITIONS

The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide.

The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance.

The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide.

Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP.

The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by -

mail:

Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530

e-mail: [email protected]

hotline: (contact information in English and Spanish): (800) 869-4499

or hotline fax: (202) 616-9881

Additional information is available from the DOJ OIG website at www.usdoj.gov/oig.

Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP.

The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70.

1.

2.

3.

4.

5.

6.

7.

OJP FORM 4000/2 (REV. 4-88)

6


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SPECIAL CONDITIONS

Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by thisgrant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ccr.htm (Award condition: Central Contractor Registration and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

The recipient agrees to comply with applicable requirements to report first-tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own operate in his or her name).

The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyondthe scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligateand expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal Financial Report (SF-425).

To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement informationsharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.

To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this special condition, visit http://www.niem.gov/implementationguide.php.

8.

9.

10.

11.

12.

13.

OJP FORM 4000/2 (REV. 4-88)

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SPECIAL CONDITIONS

The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.gov/BJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.

The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.

The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This isto facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1046.

14.

15.

16.

OJP FORM 4000/2 (REV. 4-88)

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SPECIAL CONDITIONS

The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provisionof services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith-based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal_fbo.htm.

The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance.

Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.

Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23.

The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities.

Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports through GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submittedthrough BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.

The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations,OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.

Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes.

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OJP FORM 4000/2 (REV. 4-88)

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SPECIAL CONDITIONS

The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).

Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received documentation demonstrating that the state or local governing body review and/or community notification requirements have been met and has issued a Grant Adjustment Notice (GAN) releasing this special condition.

25.

26.

OJP FORM 4000/2 (REV. 4-88)

6

Memorandum To:

From:

Subject:

Washington, D.C. 20531

Orbin Terry, NEPA Coordinator

Incorporates NEPA Compliance in Further Developmental Stages for City of Kalamazoo

The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some ofwhich could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPAand other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basicprior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http://www.ojp.usdoj.gov/BJA/resource/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance.

Official Grant File

Department of Justice

Office of Justice Programs


GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY

1. STAFF CONTACT (Name & telephone number)

PROJECT NUMBER

6. NAME & ADRESS OF SUBGRANTEE

7. PROGRAM PERIOD 8. BUDGET PERIOD

9. AMOUNT OF AWARD 10. DATE OF AWARD

11. SECOND YEAR'S BUDGET

2011-DJ-BX-3129

2. PROJECT DIRECTOR (Name, address & telephone number)

4. TITLE OF PROJECT

12. SECOND YEAR'S BUDGET AMOUNT

13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT

15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)

5. NAME & ADDRESS OF GRANTEE

Grant

This project is supported under FY11(BJA - JAG) 42 USC 3750, et seq.

Ryan TibbetsFinancial Services Manager241 W. South StreetKalamazoo, MI 49007-4796(269) 337-8243

PAGE 11 OF

The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). The disparate jurisdictions (city of Kalamazoo and Kalamazoo County) will use their JAG funds to improve law enforcement service delivery, increase officer safety and the use of digital technology in the criminal justice system, and enhance neighborhood crime reduction initiatives. Specifically, Kalamazoo County will

Samuel K. Beamon(202) 353-8592

OJP FORM 4000/2 (REV. 4-88)

Kalamazoo JAG 2011

City of Kalamazoo241 W. South StreetKalamazoo, MI 49007-4796

TO:10/01/2010 09/30/2014FROM: TO:10/01/2010 09/30/2014FROM:

08/22/2011 $ 92,870

3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE)

3a. TITLE OF THE PROGRAM

FY 2011 Justice Assistance Grant Program

Department of JusticeOffice of Justice Programs


fund overtime for enforcement and crime prevention efforts for the users of the trail system and the lakes and waterways of Kalamazoo County. The County will also modify department headquarters to allow for an interview room equipped with recording capabilities. The Kalamazoo Department of Public Safety will use their funds to purchase communications equipment, such as digital storage, recording units and video cameras, and computer-based training systems. They will also purchase computer software to track officer profiling trends during traffic stops. NCA/NCF



TO: Mayor Hopewell, Vice Mayor McKinney, and City Commissioners FROM: Kenneth P. Collard, City Manager, ICMA-CM, P.E. Reviewed By: Jeff Chamberlain, Director, CP&D Prepared By: Dorla Bonner, CD Compliance Specialist, CP&D DATE: August 19, 2011 SUBJECT: Sale of City-owned property rehabilitated through the Neighborhood

Stabilization Program 1 RECOMMENDATION It is recommended that the City Commission approve the sale of 1114 Lane Street to NaStashia Green for $53,000. BACKGROUND Under the Housing and Economic Recovery Act (HERA) of 2008, Congress appropriated $3.94 billion for Neighborhood Stabilization Program 1 (NSP1) funding. Based on a formula developed by the U.S. Department of Housing and Urban Development (HUD), the City of Kalamazoo received $1,700,000 of NSP1 funding though the Michigan State Housing Development Authority (MSHDA). The overall purpose of the Neighborhood Stabilization Program is to address the negative effects of abandonment and foreclosure on neighborhoods through demolition, acquisition, rehabilitation and homebuyer assistance. Community Planning and Development (CP&D) staff have utilized NSP1 funds to acquire and rehabilitate tax-foreclosed properties for sale to moderate to low income households. The following table depicts maximum income levels to be eligible for NSP1 assistance based on 120% of Area Median Income (AMI) for Kalamazoo County.

Household Size 1 2 3 4 5 Annual Income $52,440 $60,000 $67,440 $74,880 $80,880

Using NSP1 funding, CP&D staff can assist income-eligible homebuyers with the down payment, closing costs, and mortgage in an effort to make homes more affordable. The following table indicates the amount of subsidy allowed when purchasing a NSP1 home based on Area Median Income levels.

Kalamazoo City Manager's Office ! 241 W. South Street, Kalamazoo, MI 49007 ! 269.337.8047 Fax: 269.337.8182

Commission Agenda Report – Sale of City-owned property rehabilitated through NSP1 Page 2


Fax: 269.337.8182

AMI level Amount of subsidy allowed 100 – 120% AMI $1,000 toward down payment and/or closing costs 80 – 99% AMI 15% of list price 50 – 79% AMI 20% of list price or a max of $30,000

A NSP1 second mortgage can be provided to the homebuyer as a loan that is forgiven over a set affordability period. The table below explains the affordability period based on the amount of subsidy.

Subsidy Amount Affordability Period Amount forgiven Less than $15,000 5 years 1/5 of subsidy/year $15,000 - $30,000 10 years 1/10 of subsidy /year

Following the extensive rehabilitation of 1114 Lane Street including lead abatement and energy efficiency upgrades, the property appraised at $53,000. The post-rehabilitation appraisal established the list price, and Ms. Green’s offer is $53,000. COMMUNITY RESOURCES CONSULTED The City of Kalamazoo’s NSP1 application was based on the City’s 2005 – 2009 Consolidated Plan, which analyzed community housing and development needs and which was developed in conjunction with the 13-member Community Development Act Advisory Committee (CDAAC). A Public Hearing was held on the NSP1 program during CDAAC’s regularly scheduled meeting of May 14, 2009. FISCAL IMPACT Proceeds from the sale are considered NSP1 Program Income. HUD requires that grantees utilize program income on NSP1 eligible activities. CP&D staff anticipates using NSP1 program income to rehabilitate more homes for moderate to low income residents of the City of Kalamazoo. ALTERNATIVES The City Commission may elect to deny the request to sell 1114 Lane. This alternative is not recommended as a key outcome of NSP1 is to transform dilapidated, foreclosed properties into quality housing opportunities for moderate to low income individuals and families. ATTACHMENTS 1114 Purchase Agreement

REGULAR NEIGHBORHOOD MEETING OF AUGUST 15, 2011 Page 131

A neighborhood meeting of the Kalamazoo City Commission was held on Monday, August 15, 2011 at 6:00 p.m. in the Community Room at City Hall, 241 W. South Street.

COMMISSIONERS PRESENT: Mayor Bobby Hopewell Vice Mayor Hannah McKinney David Anderson Stephanie Bell Robert Cinabro Don Cooney

Barbara Miller COMMISSIONERS ABSENT: None Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling. An opportunity was given for miscellaneous communications, but no communications were offered. Representatives of the following neighborhood organizations were present: Northside Neighborhood Association Anthony Poplar, President Mattie Jordan-Woods, Executive Director Parkwyn Village Association Patricia Williams, Board Member The Northside Neighborhood Association representatives: - reported 47 trees were planted as result of an $11,000 CDBG

grant. - circulated photos taken by 12 young people who participated in a

photography class taught by Aaron Cantrell. - thanked Public Safety for their responsiveness to neighborhood

issues despite elimination of Community Police Officers dedicated to the Neighborhood.

- stated the City street cleaners were doing a great job. - reported the Community Planning and Development Department

would be renovating the home at 615 W. North Street. - provided an update on the senior housing project at the corner of

North and Park Streets. - noted the blighted house next to water playground was slated for

demolition. - announced the NACD 30th anniversary celebration event would

take place on October 29th at the Radisson Plaza Hotel.

Roll Call

Miscellaneous Communications

Neighborhood Communications

Northside Neighborhood Association


REGULAR NEIGHBORHOOD MEETING OF AUGUST 15, 2011 Page 132

In response to a question from Commissioner Bell, Ms. Jordan-Woods stated eight young people had participated in the summer youth employment program. In response to a question from Commissioner Miller, Ms. Jordan-Woods stated 12 children and 8 adults participated in the healthy cooking class. The Parkwyn Village Association representative: - reported the Association had no complaints.

- stated the Parkwyn Village Association was the oldest

neighborhood association in the United States. - stated the Association was self-funded and held regular meetings.

- reported the association had funded the creation and placement of

granite signs at the entrances to the Neighborhood.

- expressed concern about the condition of streets in the Neighborhood.

Next, an opportunity was given for citizen comments, but no comments were offered. Finally, an opportunity was given for miscellaneous comments by City Commissioners, but no comments were offered. The meeting adjourned at 6:24 p.m. Respectfully submitted, Scott A. Borling City Clerk For City Commission approval on September 6, 2011 Approved by: ___________________________ Bobby J. Hopewell, Mayor Dated: September 6, 2011

Citizen Comments

Commissioner Comments

Adjournment

Northside Neighborhood Association (cont’d)

Parkwyn Village Association

REGULAR BUSINESS MEETING OF AUGUST 15, 2011 Page 133

A business meeting of the Kalamazoo City Commission was held on Monday, August 15, 2011 at 7:00 p.m. in the City Commission Chambers at City Hall, 241 W. South Street.

COMMISSIONERS PRESENT: Mayor Bobby Hopewell Vice Mayor Hannah McKinney David Anderson Stephanie Bell Robert Cinabro Don Cooney Barbara Miller

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling. The invocation, given by Pastor Nan Anderson, Community of Christ, was followed by the Pledge of Allegiance. By unanimous consent the City Commission adopted its meeting agenda as presented. City Manager Collard invited the public to attend meetings of various boards and commissions. Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city: - approval of a one-year fire apparatus maintenance and

refurbishment contract with Emergency Vehicle Products in the amount of $180,000.

- adoption a RESOLUTION setting the maximum service fees

wrecker and towing companies may charge when removing vehicles from private property as governed by City Ordinances Sections 40-11 and 40-12.

- adoption a Michigan Department of Consumer & Industry

Services, Liquor Control Commission RESOLUTION to allow for transfer of a new Class C license, with new bar and restaurant, located at 5235 Portage Road, within the Kalamazoo County Airport.

- approval of a request from Western Michigan University to publicly

display fireworks at Hyames Field on Saturday, September 10, 2011 during halftime of the CommUniverCity Night football game.

- approval the minutes from the following City Commission

meetings: the Regular Neighborhood Meeting on July 18, 2011; and the Regular Business Meetings on July 5 and August 1, 2011.

Roll Call

Invocation

Communications

Adoption of the Agenda

Consent Agenda

Resolution 11-58

Resolution 11-59


Commissioner Anderson, seconded by Commissioner Cooney, moved to approve the consent agenda requests. With a roll call vote this motion passed. AYES: Commissioners Anderson, Bell, Cinabro, Cooney, Miller,

Vice Mayor McKinney, Mayor Hopewell NAYS: None Regular Agenda items were considered next. Transportation Director Bill Schomisch provided an overview of the Intelligent Transportation System project. In response to a question from Commissioner Anderson, Director Schomisch stated the project was being funded by an American Recovery and Reinvestment Act (ARRA) grant. In response to a question from Commissioner Cinabro, Director Schomisch reported no general fund dollars would be expended on the project, and he said the cities of Grand Rapids and Ann Arbor were already using this technology. In response to a question from Commissioner Cooney, Director Schomisch explained the Intelligent Transportation System would allow paratransit services to transport more than one passenger per trip, making the system more efficient. In response to a question from Mayor Hopewell, Director Schomisch stated the Intelligent Transportation System would be installed in phases and would be completely operational in two years. An opportunity was given for citizens to comment on a contract with Avail Technologies, Inc., for an Intelligent Transportation System, but no comments were offered. Commissioner Cinabro, seconded by Commissioner Miller, moved to approve a contract with Avail Technologies, Inc., for an Intelligent Transportation System for the Kalamazoo Transportation Department, including the Metro Transit System and Metro County Connect in an amount not-to-exceed $2,874,165. Prior to a vote on the motion, Commissioner Anderson stated this technology would be a great addition to the Metro Transit System. Commissioner Anderson noted the grants funds being used for this project could be used only for this type of technology upgrade and could not be used to defray the anticipated budget reductions in 2012 and 2013. Vice Mayor McKinney reported her European students thought Kalamazoo’s public transit system was very good for a city of its size, and she said people should not compare the system to an unrealistic standard. Vice Mayor McKinney noted the ARRA money would be spent by someone, and she expressed a desire for it to be spent in Kalamazoo.

Consent Agenda (cont’d)

Regular Agenda

Approval of a Contract for an Intelligent Transportation System


Mayor Hopewell thanked the President Obama for the ARRA grant and said this project was part of a continuing process to make Kalamazoo great. With a roll call vote this motion passed. AYES: Commissioners Anderson, Bell, Cinabro, Cooney, Miller,

Vice Mayor McKinney, Mayor Hopewell NAYS: None City Clerk Borling reported the following: - the City Commission had received a response to Resolution 11-27

from State Representative Sean McCann.

- the City Clerk had received an "Initiatory Petition to Amend the City Charter by Adding a New Section 199" from Mr. Christopher Chiles. The proposed ballot language would read, "Shall the Kalamazoo City Charter be amended such that three (3) medical cannabis dispensaries are permitted within the city limits?"

City Manager Collard provided the following reports and updates: - Departmental Reports and Project Updates - Inside the City newsletter, July/August 2011 edition - Retirement Investment Committee Report, June 2011 - Employment Activity Report – Second Quarter 2011 - July 2011 Purchasing Report When given an opportunity to make general comments, the following citizens addressed the City Commission: Asha Khazad, City resident, spoke about people who address the

City Commission and then leave the meeting as soon as they are finished with their remarks.

Next, an opportunity was given for miscellaneous comments and concerns of City Commissioners. Commissioner Cinabro commended the Retirement System Investment Committee for their talent and excellent work. Commissioner Cinabro congratulated former City Commissioner Lance Ferraro on his 90th birthday, and he congratulated Downtown Kalamazoo Incorporated on their new office space. Commissioner Bell commented on various back-to-school events, the recent basketball tournament at LaCrone Park, the Sisters Can We Talk? women’s wellness event, the Ultimate Family Reunion, and National Night Out. Commissioner Miller remarked on the grand opening of Sage Grove Village and the Farmers’ Market survey event on August 13th. Commissioner Miller presented Mayor Hopewell with a picture of the Sage Grove Village ground breaking ceremony.

City Commissioner Comments

Citizen Comments

City Manager’s Report


Approval of a Contract for an Intelligent Transportation System (cont’d)

City Clerk’s Report


Commissioner Anderson thanked the City Administration for proposing an ambitious calendar for approving the 2012 budget. Commissioner Anderson stated the FY2011 Budget Report for the second quarter of the year was available on the City’s website, and he noted the report pointed to challenges ahead. Commissioner Cooney congratulated the Mothers of Hope on a successful Ultimate Family Reunion. Commissioner Cooney also offered remarks on the recently concluded USTA tournament. Mayor Hopewell remarked on the USTA tournament, the Little League Softball World Series and the retirement of Bud VandenBerg as tournament director, the staff/camper reunion at Pretty Lake Camp, and Commissioner Anderson’s 60th birthday. Mayor Hopewell thanked Commissioners for attending events on his behalf. Mayor Hopewell stated the City was working on a communication plan for the 2012 budget process, and he highlighted the importance of keeping citizens informed about the good things happening in the community. The meeting adjourned at 7:49 p.m. Respectfully submitted, Scott A. Borling City Clerk For City Commission approval on September 6, 2011 Approved by: ___________________________ Bobby J. Hopewell, Mayor Dated: September 6, 2011

City Commissioner Comments (cont’d)

Adjournment


A business meeting of the Kalamazoo City Commission was held on Monday, August 29, 2011 at 7:00 p.m. in the City Commission Chambers at City Hall, 241 W. South Street.

COMMISSIONERS PRESENT: Mayor Bobby Hopewell Vice Mayor Hannah McKinney David Anderson Stephanie Bell Robert Cinabro Don Cooney Barbara Miller

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling. The invocation, given by Reverend Mary Beth Sarhatt, First Baptist Church of Kalamazoo, was followed by the Pledge of Allegiance. By unanimous consent the City Commission adopted its meeting agenda as presented. City Manager Collard invited the public to attend meetings of various boards and commissions. Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the City: - adoption of a Michigan Department of Consumer & Industry

Services, Liquor Control Commission RESOLUTION to transfer ownership of an escrowed 2010 Class C and SDM licensed business with entertainment permit and outdoor service (1 area) located at 12503 E D Ave., Richland, MI 49083, Ross Township, Kalamazoo County from Continenza Inc. to Nun’s On Trampolines, Inc., for a location at 411 and 459 N Westnedge, Kalamazoo, MI, cancel existing outdoor service (1 area) and requests new dance permit and new outdoor service (2 areas) and two bars.

- adoption of a Michigan Department of Consumer & Industry Services, Liquor Control Commission RESOLUTION to allow for a new Micro Brewer License to Sunset Boulevard Brewing Company to be located at 4213 Portage Street.

- approval of the appointment of John Johnson to the Parks and

Recreation Advisory Board for a term expiring on January 1, 2013. - approval of the minutes from the Regular City Commission Business

Meeting on July 18, 2011.

- approval of a recommendation to hold until September 6, 2011 the sale of 1114 Lane Street to NaStashia Green for $53,000.

Roll Call

Invocation

Communications

Adoption of the Agenda

Consent Agenda

Resolution 11-60

Resolution 11-61


Commissioner Bell, seconded by Commissioner Cooney, moved to approve the consent agenda requests. With a roll call vote this motion passed. AYES: Commissioners Anderson, Bell, Cinabro, Cooney, Miller,

Vice Mayor McKinney, Mayor Hopewell NAYS: None Regular Agenda items were considered next. City Manager Collard reviewed the proposed mid-year budget amendments for FY2011. An opportunity was given for citizens to comment on a recommendation to: a) amend the FY 2011 Adopted budget to increase one-time revenue estimates; and b) amend the FY 2011 full time position allocation. However, no comments were offered. Commissioner Miller, seconded by Commissioner Bell, moved to approve the following: a) to amend the FY 2011 Adopted budget to increase one-time revenue estimates in the amount of $1,397,626 affecting the following funds – General Fund $968,730, Solid Waste Fund $30,113, Transportation Fund $11,617, and Brownfield Redevelopment Fund $387,166; and, b) to amend the FY 2011 full time position allocation of 753 by eliminating seven full time positions for a revised allocation of 746 yielding an annualized savings in the amount of $439,229. Prior to a vote on the motion, Commissioner Miller noted the positions being eliminated were vacant and stated the difficult decisions were yet to come. Commissioner Cinabro expressed support for the motion but remarked the position eliminations would have a definite effect on the employees in those departments and offices. Commissioner Cooney stated the City had been “dealt a bad hand” and that the City Administration had been doing good work to ameliorate the effects of revenue losses on staff and citizens. Commissioner Cooney explained the City had not been irresponsible but had been put in this position as a result of decisions made by state and federal legislators. Commissioner Cooney urged citizens to contact their legislators regarding the decline in funding for cities. Vice Mayor McKinney stated the City was eliminating positions due to revenue losses, which were the direct result of broken promises by state and federal legislators over several decades. Vice Mayor McKinney highlighted the City’s inability to raise revenue and noted the rules were stacked against cities in this area. Vice Mayor McKinney indicated the additional revenue was welcome, but it was one-time revenue and would not address the structural deficit facing the City. Vice Mayor McKinney remarked that City officials did not create the structural deficit, and City employees worked hard to stretch existing revenue as far as possible.

Consent Agenda (cont’d)

Regular Agenda

Approval of FY2011 Mid-Year Budget Amendments


Commissioner Bell expressed support for the City Manager and his staff, and offered compassion for citizens and City employees. Commissioner Bell urged citizens to participate in elections for public officials at all levels of government, and she urged people to be involved in the City’s budget process. In response to questions from Mayor Hopewell, City Manager Collard reported the City had over 900 employees in 2001, and he stated the proposed position eliminations would affect service delivery. Mayor Hopewell described the City’s efforts to negotiate the challenges posed by declining revenues. Mayor Hopewell stated the City was developing a communication process to engage citizens in the budget process. With a roll call vote this motion passed. AYES: Commissioners Anderson, Bell, Cinabro, Cooney, Miller,

Vice Mayor McKinney, Mayor Hopewell NAYS: None When given an opportunity to make general comments, the following citizens addressed the City Commission: Christopher Chiles, City resident, reported a charter amendment

petition he had submitted was lacking 73 valid signatures to place the question on the November 8th ballot. Mr. Chiles stated he had gathered 150 additional signatures, and he requested the City Commission place on the ballot his proposal for a charter amendment that would allow the establishment of three medical marihuana dispensaries in the City.

Next, an opportunity was given for miscellaneous comments and concerns of City Commissioners. Commissioner Cinabro thanked Mayor Hopewell for hosting the “Bobby-Q” fundraiser at Pretty Lake Camp. Commissioner Anderson commented on the recent shooting death of a young man and expressed hope that the community would pull together like a family. Commissioner Cooney remarked on the new Martin Luther King memorial in Washington DC and invited people to attend a gathering at Martin Luther King Park on Labor Day. Commissioner Miller, seconded by Commissioner Anderson, moved to go into closed session to discuss labor negotiations. Prior to a vote on the motion Mayor Hopewell indicated the City Commission would return to open session following the closed session.


Citizen Comments


Closed Session

Approval of FY2011 Mid-Year Budget Amendments (cont’d)


With a roll call vote this motion passed. AYES: Commissioners Anderson, Bell, Cinabro, Cooney, Miller,

Vice Mayor McKinney, Mayor Hopewell NAYS: None At 7:40 p.m. the City Commission went into closed session. At 8:07 p.m. the City Commission returned to open session. Commissioner Cooney, seconded by Commissioner Cinabro, moved to approve the collective bargaining agreement between the City of Kalamazoo and the Kalamazoo Police Supervisors’ Association (KPSA) for the dates of January 1, 2010 through December 31, 2013. An opportunity was given for both citizens and Commissioners to comment on the motion, but no comments were offered. With a roll call vote this motion passed. AYES: Commissioners Anderson, Bell, Cinabro, Cooney, Miller,

Vice Mayor McKinney, Mayor Hopewell NAYS: None The meeting adjourned at 8:08 p.m. Respectfully submitted, Scott A. Borling City Clerk For City Commission approval on September 6, 2011 Approved by: ___________________________ Bobby J. Hopewell, Mayor Dated: September 6, 2011

Approval of a Contract with the KPSA for 2010-2013

Closed Session (cont’d)

Adjournment

Kalamazoo City Clerk's Office ! 241 W. South Street, Kalamazoo, MI 49007 ! (269) 337-8792 Fax: (269) 337-8494

!"#$%!&'()*+%,'-.(#% /'-#'01'(%23%4566%

Correspondence Received The City has received correspondence from the Michigan Attorney General’s Office and Governor Rick Snyder regarding an initiatory petition to amend the City Charter by adding Section 198, which would make the enforcement of certain marihuana laws the lowest law enforcement priority in the City of Kalamazoo.

Report on Election Commission Action

Action On August 10, 2011 the City Election Commission voted to permanently combine Precinct 28 with Precinct 2, thereby eliminating Precinct 28. These precincts cover the Western Michigan University campus and vote at the Bernhard Center.

Background In January of 2010 the Election Commission amended the City’s voting precinct boundaries to create Precinct 28 in response the large increase of registered voters in Precinct 2 leading up to the 2008 presidential election. Since that election the combined number of voters in Precincts 2 and 28 has fallen from 4,199 to 2,264. Moreover, in the 2010 gubernatorial election there were only 356 people who cast votes in these two precincts on Election Day. In order to reduce the number of precincts and thereby reduce election administration costs, the City Clerk’s Office recommended the precinct boundaries be amended to combine Precinct 28 with Precinct 2. The Election Commission approved this recommendation on August 10, 2011.

Impact In its essence the Election Commission’s action reversed the 2010 action that created Precinct 28. Voters in these two precincts have always voted at the Bernhard Center, and they will continue to do so. New ID Cards will be mailed to voters in the old Precinct 28 informing them of the change to their precinct number. The City Clerk’s Office estimates a savings of $2,500 for FY2012 due to the elimination of Precinct 28.

Date: 09/06/11Item H1

2

4

28

Stadium

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Oliver

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Mer

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Clayborne

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Western

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Date: October 2010

The maps from the City of Kalamazoo's GIS are not at

surveyor accuracy. The City of Kalamazoo assumes no

legal liability for the information contained on these maps.

0 2,000 4,0001,000 Feet

City of Kalamazoo

Voting Precincts 2, 4, and 28

LegendPolling Locations

City Voting Precinct selection

City Voting Precinct

University Student Center

Western Michigan University

Date post:	08-Jun-2020
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A g e n d a Regul a r Meeting of the City Commi...

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