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CITY OF MUSKEGON CITY COMMISSION MEETING February 11, 2025 @ 5:30 PM MUSKEGON CITY COMMISSION CHAMBERS 933 TERRACE STREET, MUSKEGON, MI 49440 MINUTES The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, February 11, 2025. Pastor Dwayne Riley from Crestwood United Methodist Church opened the meeting with prayer, after which the Commission and public recited the Pledge of Allegiance to the Flag. ROLL CALL Present: Mayor Ken Johnson, Vice Mayor Rebecca St. Clair, Commissioners Jay Kilgo, Destinee Keener, Rachel Gorman, and Katrina Kochin, City Manager Jonathan Seyferth, City Attorney John Schrier, and City Clerk Ann Marie Meisch Absent: Commissioner Willie German, Jr. 2025-10 HONORS, AWARDS, AND PRESENTATIONS A. Muskegon Lumberjacks Charitable Foundation - Reading Caravan Arena Jay VandeVoorde spoke on behalf of the Muskegon Lumberjacks Charitable Foundation and Reading Caravan to update the Commission about his involvement and the Lumberjacks' involvement in the local schools and community. 2025-11 PUBLIC HEARINGS A. Public Hearing- Transformational Brownfield Plan, Shaw Walker Mixed Use Redevelopment Project, Parkland Properties of Michigan, LLC, 965 W. Western Ave., 920 Washington Ave., 930 Washington Ave., and 1330 Division Ave. Economic Development Page 1 of 12 Parkland Properties of Michigan, LLC has submitted a Transformational Brownfield Plan for the Shaw Walker Mixed Use Redevelopment Project located at 965 W. Western Ave., 920 Washington Ave., 930 Washington Ave., and 1330 Division Ave. History of the Site: The Shaw Walker site, historically home to the Shaw Walker Furniture Company, was constructed between 1911 and 1913. This manufacturing facility was a significant contributor to Muskegon's industrial landscape until it ceased operations in 1989. Following its closure, the site experienced multiple ownership changes, including Knoll North America, Lakeview Industrial Center Inc., Mellowood Development Co., P&G Holdings LLC, IGCFCO III, LLC, and most recently, Parkland Properties of Michigan acquired it in December 2022. The site has since remained largely vacant and deteriorated, representing a substantial blight in the community. Developer's Plans: Parkland Properties of Michigan, through its affiliated entities, plans a comprehensive mixed-use redevelopment of the Shaw Walker site. The project will involve: • Residential Development: Rehabilitation of four existing buildings into 538 new housing units and 53 existing units, totaling 591 units. These include apartments and condominiums with amenities such as rooftop pools, jacuzzis, clubhouses, and sports courts. • Commercial Space: Conversion of portions of three buildings into 8 commercial retail spaces, including professional services (daycare, pet care), health and wellness facilities (salon, fitness studio), and various retail outlets (market, coffee shop, bookstore). • Parking and Infrastructure: Rehabilitation of one building into an indoor parking facility and the construction of new parking lots. Infrastructure improvements include connections to city water, sewer, and storm systems, and replacing damaged sidewalks. • The total capital investment is expected to exceed $212.9 million. • 200 new full-time jobs, 600 temporary construction jobs Duration of the Brownfield Plan: The Brownfield Plan will be in effect for up to 35 years from the date of approval by the governing body. The duration for property tax capture will not exceed 30 years, while the capture of withholding tax and income tax revenues is limited to 20 years from the start date. The initiation of tax increment revenue capture must occur within five years post- approval, subject to Michigan Strategic Fund (MSF) approval. Eligible Activities and Costs: Eligible activities under the Brownfield Plan include both environmental and non-environmental tasks: • EGLE (Environmental) Eligible Activities: o Department-specific environmental site assessments and mitigation measures ($225,000). Page 2 of 12 • MSF (Michigan Strategic Fund) Eligible Activities: o Demolition and Abatement: $4,758,100 o Rehabilitation of Existing Structures: $143,595,767 o New Townhouse Construction: $11,100,000 o Site and Amenities Construction: $8,823,413 Total Eligible Activities Cost: $168,502,280 Total Reimbursable Eligible Costs: $159,598,389, reflecting limitations on Tax Increment Revenue (TIR) capture Approved Tax Incentives: The project has been awarded two approved tax incentives: NEZ (15 years), and an OPRA (12 years). Once approved locally, the project will go before the Michigan Strategic Fund Board in April for final approval. STAFF RECOMMENDATION: I motion to close the public hearing and approve the Shaw Walker Mixed-Use Redevelopment Project Transformational Brownfield Plan and authorize the City Mayor and City Clerk to sign the resolution. The Public Hearing opened to hear and consider any comments from the public. Comments were heard in support of the project from Greg King, Sarah Sass, Jeanette Moore, Steve Olson, and John Allen, Jr. Motion by Commissioner Keener, second by Commissioner Gorman, to close the public hearing and approve the Shaw Walker Mixed-Use Redevelopment Project Transformational Brownfield Plan and authorize the City Mayor and City Clerk to sign the resolution. ROLL VOTE: Ayes: Kilgo, Keener, Gorman, Kochin, St.Clair, and Johnson Nays: None MOTION PASSES FEDERAL/STATE/COUNTY OFFICIALS UPDATE District Representative Christina Achterhoff from Senator Bumstead office mentioned the main issues they are getting calls on is sick paid leave and tipping. PUBLIC COMMENT ON AGENDA ITEMS Public comments received. 2025-12 CONSENT AGENDA Page 3 of 12 A. Approval of Minutes City Clerk To approve minutes of the January 28th City Commission Meeting. STAFF RECOMMENDATION: Approval of the minutes. B. Sale of 1693 Elwood Planning Staff is seeking authorization to sell the City-owned vacant lot at 1693 Elwood to Jeffrey Vos, Infrastructure C & E. Jeffrey Vos, Infrastructure C & E, would like to purchase the City-owned buildable lot at 1693 Elwood for $4,275 (75% of the True Cash Value of $5,700) plus half of the closing costs and the fee to register the deed. There will be a single-family home, as well as an ADU constructed on the property. This is part of a larger project involving 1693 Elwood and the adjacent lot, 1687 Elwood. STAFF RECOMMENDATION: Authorize the Code Coordinator to complete the sale of 1693 Elwood, as described in the purchase agreement, and to have the Mayor and Clerk sign both the purchase agreement and the deed. C. Amendment to the zoning ordinance, replacing mentions of "single- family residential districts" with "neighborhood residential districts." (SECOND READING) Planning Staff initiated request to amend the zoning ordinance to replace all instances of “single-family residential districts” with “neighborhood residential districts.” With the recent zoning reform amendments now in place, the ordinance must be updated to remove references to single-family residential districts. These references can be replaced with neighborhood residential districts. The Planning Commission unanimously recommended for approval of the proposed amendments. STAFF RECOMMENDATION: I move to approve the request to amend the zoning ordinance by replacing all instances of “single-family residential districts” with “neighborhood residential districts" as proposed. D. Amendment to Article II of the zoning ordinance to create definitions for duplexes and triplexes. (SECOND READING) Planning Staff initiated request to amend Article II of the zoning ordinance to create definitions for duplexes and triplexes. • Now that duplexes and triplexes are allowed in R districts, we must create definitions for them. • After discussion, the Planning Commission recommended changes to the definitions. Page 4 of 12 • The Planning Commission unanimously recommended for approval of the zoning ordinance amendment, which include their updated definitions. • The proposed definitions are as follows: Duplex: A building designed for occupancy by two families living independently of each other. Triplex: A medium-sized structure that’s designed for occupancy by three families living independently of each other. STAFF RECOMMENDATION: I move to approve the request to amend Article II of the zoning ordinance to create definitions for duplexes and triplexes as proposed. F. Filtration Control System Upgrades Public Works Staff is requesting to enter into a professional services agreement with Tetra Tech Inc., purchase new hardware, and enter into a 3-year software licensing agreement with Q-Mation for control system upgrades at the Water Filtration Plant. The Water Filtration Plant uses a computer-based system known as SCADA to monitor and control the drinking water treatment process. The hardware and software that makes up the water plant’s SCADA system were last updated in 2018, and updates are now required to replace its aging hardware and out-of-date software, both of which will soon no longer be supported by their manufacturers. This project will replace all the computing hardware (servers, network switches, terminals) and software (AVEVA and Microsoft Windows) with the most recent versions available, ensuring the reliability and security of the water system by utilizing hardware and software that their respective manufacturers fully support. Our last control system upgrade in 2018 was completed with the help of Tetra Tech’s services. Tetra Tech designed the original plant control system in the early 90s, and we are grateful to able to continue working with the engineers involved with the original design and all subsequent upgrades. Currently, we have a contract with Tetra Tech for as needed services to make minor changes and improvements to our plant control system as well as for troubleshooting and repair. Given the criticality of these systems and the integral nature of how the upgrades and existing system work together, staff solicited a proposal from Tetra Tech for this work and recommends them via an exception to the purchasing policy. Q-Mation is the licensed distributor of AVEVA (formerly known as Wonderware), which is our current control system. AVEVA has been our control system from the first integration of a SCADA system for the Filtration Plant and continues to be a reliable system. It is also much cheaper to maintain the current control Page 5 of 12 system than to bring in a new system and have to rebuild the entire system. Q- Mation provided a quote for a 3-year licensing agreement with initial year 1 costing $20,002 and a year-over-year increase of 5% for a total of $63,086 for the 3-years. Q-Mation 3-Year Costs Year 1 $20,002 Year 2 $21,012 Year 3 $22,072 Total project cost Tetra Tech Inc. $79,000 Q-Mation (AVEVA) $20,002 Year 1 Hardware/Microsoft $68,000 Window Total $167,002 This project is included as part of the water plant capital budget. STAFF RECOMMENDATION: Authorize staff to enter into a professional services agreement with Tetra Tech Inc, to purchase new necessary computer hardware from various suppliers, and to purchase software licensing from Q- Mation for control system upgrades at the Water Filtration Plant for $167,002. Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to approve the consent agenda as presented minus item E. ROLL VOTE: Ayes: Keener, Gorman, Kochin, St.Clair, Johnson, and Kilgo Nays: None MOTION PASSES 2025-13 ITEMS REMOVED FROM THE CONSENT AGENDA E. Sale of 254 Meeking. Planning Staff is seeking authorization to sell the City-owned vacant lot at 254 Meeking to Green Rabbit Home Builders. Green Rabbit Home Builders would like to purchase the City-owned buildable lots at 254 Meeking for $5,250 (75% of the True Cash Value of $7,000) plus half of the closing costs and the fee to register the deed. They will be constructing a single-family home on the property. STAFF RECOMMENDATION: To authorize the Code Coordinator to complete the sale of 254 Meeking, as described in the purchase agreement, and to have the Page 6 of 12 Mayor and Clerk sign both the purchase agreement and the deed. Motion by Commissioner Kilgo, second by Commissioner Kochin, to authorize the Code Coordinator to complete the sale of 254 Meeking, as described in the purchase agreement, and to have the Mayor and Clerk sign both the purchase agreement and the deed. ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and Keener Nays: None MOTION PASSES 2025-14 NEW BUSINESS A. Muskegon Regatta DPW- Parks and Recreation The Catamaran Racing Association of Michigan has applied to host the Muskegon Regatta at Pere Marquette on July 18-20, 2025. The Catamaran Racing Association of Michigan (CRAM) wants to bring the Muskegon Regatta back to Pere Marquette, where it used to be held annually before moving to Fisherman's Landing due to high water levels. CRAM enjoyed the location and hopes to return. They plan to use the parking lot at Margaret Drake Elliott Park, near the Coast Guard Station, for setup, parking, and camping. Approximately 20-25 catamarans with one or two racers each are expected to sign up. Participants will arrive on Friday, July 18, between noon and 8 PM to set up. The race will start on Saturday, July 19, at 11 AM and end by 4 PM, with boats parked overnight on the beach. Racing on Sunday, July 20, will start at 10:30 AM, with awards at 3 PM. The boats are launched from the beach inside the arms and the racing occurs approximately a mile from shore. This event coincides with Rebel Road and Bike Time downtown, a time when staff usually focuses on those events, making it difficult to support another event simultaneously. The regatta itself would not require many additional city services. The camping portion of the event could require DPW or Police services which staff is unlikely to be able to provide. Event participants and attendees can utilize local places to stay during the event. The Catamaran Racing Association of Michigan (CRAM) wants to bring the Muskegon Regatta back to Pere Marquette, where it used to be held annually before moving to Fisherman's Landing due to high water levels. CRAM enjoyed the location and hopes to return. They plan to use the parking lot at Margaret Drake Elliott Park, near the Coast Guard Station, for setup, parking, and camping. Approximately 20-25 catamarans with one or two racers each are expected to sign up. Participants will arrive on Friday, July 18, between noon and 8 PM to set up. The race will Page 7 of 12 start on Saturday, July 19, at 11 AM and end by 4 PM, with boats parked overnight on the beach. Racing on Sunday, July 20, will start at 10:30 AM, with awards at 3 PM. The boats are launched from the beach inside the arms and the racing occurs approximately a mile from shore. This event coincides with Rebel Road and Bike Time downtown, a time when staff usually focuses on those events, making it difficult to support another event simultaneously. The regatta itself would not require many additional city services. The camping portion of the event could require DPW or Police services which staff is unlikely to be able to provide. Event participants and attendees can utilize local places to stay during the event. STAFF RECOMMENDATION: To approve the Catamaran Racing Association of Michigan's application for a Muskegon Regatta event on July 18 through July 20, 2025, without camping. Motion by Commissioner Kochin, second by Commissioner Keener, to approve the Catamaran Racing Association of Michigan's application for a Muskegon Regatta event on July 18 through July 20, 2025, without camping. ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and Keener Nays: None, MOTION PASSES B. Soccer in the Sand DPW- Parks and Recreation Soccer in the Sand and Inside Out's Volleyball Tournament have both applied to hold their events at Pere Marquette on July 26-27, 2025. Per the event policy, two events cannot occur on the same date at Pere Marquette. Soccer in the Sand is seeking an exception to be made. Soccer in the Sand is a sand soccer tournament held annually at Pere Marquette since 2018. They have been on the same weekend as Inside Out's Volleyball Tournament since its inception. The natural beach traffic and these events make navigating and parking at Pere Marquette difficult the weekend of these events. One possible solution was to have one of the tournaments move dates. Unfortunately, neither event was able to do so. Soccer in the Sand has a national tour of events with tournaments on the surrounding weekends. Inside Out works with other volleyball tournaments in the area to create the season's schedule so they cannot move their date. Inside Out has been hosting a tournament on this date longer than Soccer in the Sand, and under the Special Event Policy, the event with the longer tenure on the requested date is given preference. Soccer in the Sand is working with local vendors to create a bus route for the weekend to help address some of the traffic issues that initiated the policy Page 8 of 12 change. They have been appreciative of the opportunity and are requesting that the commission consider those efforts in hopes of keeping their event date as an exception to the policy. STAFF RECOMMENDATION: I move to approve the request from Soccer in the Sand to allow two events to be at Pere Marquette on July 26-27, 2025, if transportation from alternative parking areas is provided during the event. Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to approve the request from Soccer in the Sand to allow two events to be at Pere Marquette on July 26-27, 2025, if transportation from alternative parking areas is provided during the event. ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, and Gorman Nays: None MOTION PASSES C. Shaw Walker Project Affordable Housing Agreement Economic Development As required by the Transformational Brownfield Amendment to Public Act 381, Parkland Properties, The City of Muskegon Brownfield Redevelopment Authority, and the City of Muskegon must agree on an Affordable Housing Agreement passed by all three parties in order for the project to move forward. In order for developments to qualify for Transformational Brownfield approval by the Michigan Strategic Fund, they must also enter into an Affordable Housing Agreement to reflect that they will meet the statutory requirement for units at or below 100% of the area's median income. The attached agreement reflects that an average of 20 units of the total rental housing onsite must be set aside for neighbors under 100%. Realistically, the number will likely be far higher due to the unit makeup of the facility, with many studios and one bedrooms available at or below $1,000 monthly, but the agreement reflects the statutory required ratio. The agreement sets standards for reporting incomes of tenants to the City and BRA, and establishes recourse for all entities in the event of a breach. For instance, if it is found that Parkland is in violation of the affordability requirements on designated affordable units, they must remit to the City twice the amount of the overage. The City has authority in the agreement to deposit the funds in the housing fund, and/or remit the overage amount to the impacted tenant. STAFF RECOMMENDATION: Motion to approve the Affordable Housing Agreement between the City of Muskegon, the Muskegon Brownfield Redevelopment Authority, Parkland Properties of Michigan - Shaw Walker, LLC, Shaw Walker Opportunity Zone Business 1, LLC, Shaw Walker Opportunity Zone Page 9 of 12 Business 2, LLC, Shaw Walker Opportunity Zone Business 3, LLC, and Shaw Walker Opportunity Zone Business 4, LLC, as presented and authorize the Mayor and Clerk to sign. Motion by Commissioner Kochin, second by Commissioner Keener, to approve the Affordable Housing Agreement between the City of Muskegon, the Muskegon Brownfield Redevelopment Authority, Parkland Properties of Michigan - Shaw Walker, LLC, Shaw Walker Opportunity Zone Business 1, LLC, Shaw Walker Opportunity Zone Business 2, LLC, Shaw Walker Opportunity Zone Business 3, LLC, and Shaw Walker Opportunity Zone Business 4, LLC, as presented and authorize the Mayor and Clerk to sign. ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, Gorman, and Kochin Nays: None MOTION PASSES D. Shaw Walker Community Benefit Agreement Economic Development This is Development Service's first negotiated Community Benefit Agreement, which is a newer strategy in contemporary economic development to negotiate more direct benefit to non-developer stakeholders in exchange for incentives/infrastructure improvements related to projects. In the negotiated agreement, the City has asked for consideration from Parkland for other community stakeholders in exchange for consideration on needed infrastructure alterations in the public Right of Way that serve the Shaw Walker Development Project. Specifically, the developer has asked for the City to relocate a water main that currently runs under the project site (including under two buildings), that the City agree to repair damage done to private property in the event an existing sanitary and storm main under the property fail, that the City realign the curbing and pedestrian paths on Western Avenue pursuant to the approved Planned Unit Development, that the City facilitate connection points to public water and sewer infrastructure for the project, and share any potential costs related to relocating Consumers Energy powerlines and poles that are directly adjacent to the Shaw Walker buildings on Western Avenue at a 75% to 25% split with Parkland up to $200,000 by the City, at which point Parkland will cover any excess cost. Staff views these improvements as essential to the redevelopment of the property for the proposed use and in the public interest for life safety, future revenues to public utilities for public service delivery, and improved pedestrian access and safety. However, this participation represents a significant potential investment of capital into our existing public infrastructure to facilitate the project, and so we have determined and Parkland agreed that there should be commensurate Page 10 of 12 investments in the Muskegon community to exemplify partnership and good corporate citizenship. Specifically, the agreement calls for the developer to formalize a workforce training agreement with Muskegon Public Schools, MCEC, or another affiliate program of MPS to provide workforce development opportunities to MPS students. This is to be executed for a term of not less than 5 years, and must be done prior to the City beginning any of the infrastructure alterations in the CBA, and provided to the City upon request. Further, per the agreement the developer shall pay for one mutually agreed upon public asset improvement in the Nims Neighborhood where the project is located. They must work with the Nims Neighborhood Association board to determine this project and it must be done within 2 years of the effective date of the CBA. The developer must also pay for one public asset at Hartshorn Marina Park as represented on the Park Master Site Plan. This must be mutually agreed upon by the developer and the City and installed within 2 years of the effective date of the agreement. STAFF RECOMMENDATION: Motion to accept the Community Benefits Agreement between the City of Muskegon and Parkland Properties of Michigan - Shaw Walker Opportunity Zone Business 1, LLC, Shaw Walker Opportunity Zone Business 2, LLC, Shaw Walker Opportunity Zone Business 3, LLC, and Shaw Walker Opportunity Zone Business 4, LLC, and to authorize the Mayor and Clerk to sign. Motion by Commissioner Keener, second by Commissioner Kochin, to accept the Community Benefits Agreement between the City of Muskegon and Parkland Properties of Michigan - Shaw Walker Opportunity Zone Business 1, LLC, Shaw Walker Opportunity Zone Business 2, LLC, Shaw Walker Opportunity Zone Business 3, LLC, and Shaw Walker Opportunity Zone Business 4, LLC, and to authorize the Mayor and Clerk to sign. ROLL VOTE: Ayes: Johnson, Kilgo, Keener, Gorman, Kochin, and St.Clair Nays: None MOTION PASSES ANY OTHER BUSINESS City Manager Jonathan Seyferth stated the last General Public Engagement for the Fisherman's Landing Lakeshore Development Project will be Monday, February 17, 2025, at 4:00 p.m., at Muskegon Innovation Hub at Grand Valley State University, 200 Viridian Drive. Commissioner Kilgo announced MDOT is hosting a public meeting for the M-46 (Apple Avenue) project on February 24, 2025, at 4:00 p.m., at City Hall in the Commission Chambers. All are invited to come. Commissioner Kochin reminded everyone that Friday is Valentine’s Day and that we have a lot of great local businesses to shop at. Page 11 of 12 GENERAL PUBLIC COMMENT Public comments received. ADJOURNMENT The City Commission meeting adjourned at 7:33 p.m. Respectfully Submitted, Ann Marie Meisch, MMC City Clerk Page 12 of 12
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