(A) The City of Big Rapids hereby declares and establishes its public policy to provide, maintain, and develop facilities for public outdoor recreation within the City, and to authorize the permitted use or lease of City owned land for these purposes by a public bid or a public request for proposal. The City Commission finds that providing facilities and opportunities for public outdoor recreation enhances and promotes the public health and safety as authorized by Mich. Const. Art. VII Sec. 23.
(B) The City Commission shall not offer or approve a lease of any City land that is part of a City utility system, public street or alley, or public building. No lease of City land can exceed 25 years. Any lease of City property for more than five years shall be subject to a referendum as described in Section 13.4 of the City Charter.
(C) Any public or private entity or organization can apply for a permit or lease to use and occupy City land to provide, maintain, or develop facilities for public outdoor recreation within the City as specified by contract or guidelines issued by the City of Big Rapids, the County of Mecosta, or the Michigan DNR.
(D) The Planning Commission and Park and Recreation Board shall review all proposed leases of City owned land that are intended to provide, maintain, and develop facilities for public outdoor recreation within the City to determine if the City owned land to be leased is required for some other more important or more appropriate public use or purpose, and shall recommend to the City Commission that the proposed lease be approved, disapproved, or modified and approved. In reviewing a request or proposal for the lease of City land, the Planning Commission shall consider:
(1) The date, terms, and instrument by which the property was acquired by the City,
(2) The restrictions, prohibitions, easements, and encumbrances of record affecting the property,
(3) All known existing and intended public uses of the property,
(4) The Master Plan’s references to the property,
(5) The historical character and significance of the property and the structures on it,
(6) The zoning of the property,
(7) Whether the property is buildable or non-buildable,
(8) Whether the property is serviced by utilities,
(9) Whether the proposed use by the lessee will be compatible with adjoining properties,
(10) Whether the land is otherwise suitable for the intended purpose to provide, maintain, and develop facilities for public outdoor recreation within the City, and
(11) Whether the proposed lease describes the lessee’s activities on the leased land to provide, maintain or develop facilities for public outdoor recreation as specified by contract or guidelines by the City, Mecosta County, or the Michigan DNR.
(E) The City Commission shall make the final determination of whether or not to enter and grant the lease after obtaining the recommendations of the Planning Commission and the Park and Recreation Board and finding that the proposed lease will manage City owned land in a manner that protects and enhances the public trust while encouraging the use and enjoyment of public land for public outdoor recreation.
(F) The terms of the proposed lease shall identify, describe, and require actions or activities of the lessee that provide, maintain, or develop facilities for public outdoor recreation within the City, and shall provide for the termination of the lease if the lessee does not provide, maintain, or develop facilities for public outdoor recreation as described.
(G) The City Manager or the City Manager’s designated representative shall monitor, administer, and enforce the operation of any lease of City owned land to provide, maintain, or develop facilities for public outdoor recreation.
(Ord. 782-02-22, passed 2-21-22)