View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON CITY COMMISSION MEETING JUNE 9, 2020 @ 5:30 P.M. MUSKEGON CITY COMMISSION CHAMBERS 933 TERRACE STREET, MUSKEGON, MI 49440 REMOTE MEETING AGENDA □ CALL TO ORDER: □ ROLL CALL: □ HONORS AND AWARDS: □ CONSENT AGENDA: A. Approval of Minutes City Clerk B. Establish a Grants Program Coordinator Position Community and Neighborhood Services C. Seaway Railroad Bridge Painting Public Works D. Lease Agreement Public Works E. Contract Agreement Public Works F. Conflict of Interest Disclosure Community and Neighborhood Services □ PUBLIC HEARINGS: A. Public Hearing on Harbor West LLC Brownfield Plan, 1000-1060 West Western Avenue Economic Development B. Transmittal of 2020-21 Proposed Budget City Manager □ UNFINISHED BUSINESS: □ NEW BUSINESS: □ ANY OTHER BUSINESS: □ PUBLIC COMMENT: ► Reminder: Individuals who would like to address the City Commission shall do the following: ► Fill out a request to speak form attached to the agenda or located in the back of the room. ► Submit the form to the City Clerk. ► Be recognized by the Chair. Page 1 of 2 ► Step forward to the microphone. ► State name and address. ► Limit of 3 minutes to address the Commission. ► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.) □ CLOSED SESSION: □ ADJOURNMENT: ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724- 6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705. Page 2 of 2 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: June 9, 2020 Title: Approval of Minutes Submitted By: Ann Marie Meisch, MMC Department: City Clerk Brief Summary: To approve the minutes of the May 26, 2020 Regular City Commission meeting. Detailed Summary: N/A Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: To approve the minutes. For City Clerk Use Only: Commission Action: CITY OF MUSKEGON CITY COMMISSION MEETING MAY 26, 2020 @ 5:30 P.M. MUSKEGON CITY COMMISSION CHAMBERS 933 TERRACE STREET, MUSKEGON, MI 49440 REMOTE MEETING MINUTES The Regular Commission Meeting of the City of Muskegon was held electronically with the Mayor, Vice Mayor and Commissioners participating via Zoom – a remote conferencing service, Clerk staff present at 933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, May 26, 2020. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners Ken Johnson, Dan Rinsema-Sybenga, Willie German, Jr., Teresa Emory, and Michael Ramsey, City Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann Meisch. 2020-30 CONSENT AGENDA: A. Approval of Minutes City Clerk SUMMARY OF REQUEST: To approve the minutes of the May 11, 2020 Worksession and May 12, 2020 Regular City Commission meeting. STAFF RECOMMENDATION: To approve the minutes. B. Polling Place Change City Clerk SUMMARY OF REQUEST: Staff is requesting City Commission approval to move the polling location for Precinct 10 from the Lakeshore Fitness Center, 900 W. Western, to the Muskegon Farmer’s Market, 242 W. Western. The Lakeshore Fitness Center has closed and the building is no longer available to be used as a polling place. All affected voters will be sent a letter to notify them of the change as well as a new Voter ID Card. Signs will be placed at the Lakeshore Fitness Center to redirect voters to the new polling place for the next several elections. STAFF RECOMMENDATION: To approve the resolution to change the polling location for Precinct 10 from the Lakeshore Fitness Center to Muskegon Farmer’s Page 1 of 6 Market. C. 2020-2021 MML Membership Dues City Clerk SUMMARY OF REQUEST: Approval to pay the 2020-2021 MML dues in the amount of $10,399.00. This is an increase of $193. FINANCIAL IMPACT: MML Dues: $9,454.00 Legal Defense Fund: $945.00 Total: $10,399.00 STAFF RECOMMENDATION: To approve the payment of dues to the Michigan Municipal League in the amount of $10,399.00. F. Ordinance Amendment – Marina and Launch Ramp Parking Public Safety SUMMARY OF REQUEST: Request for commission to consider Ordinance amendments in regards to marina and launch ramp parking restrictions – 92.74 (1, 2, & 3). Five (5) violations will be updates with appropriate verbiage to reflect the current violations (2) and fines that will help ensure permit and parking compliance at our ramps. STAFF RECOMMENDATION: Approve the proposed changes to Ordinance 92-74 (1, 2, & 3). G. Setting Harbor West LLC Brownfield Public Hearing Economic Development SUMMARY OF REQUEST: The Brownfield Redevelopment Authority on May 12 recommended approval of Brownfield Plan Amendment for Harbor West LLC (Hartshorn Village) at 1000 West Western Avenue and not the City Commission needs to schedule a public hearing on that plan for June 9, 2020. Harbor West LLC has submitted a brownfield plan for the first phase of a residential development along Lakeshore Trail and adjacent to Hartshorn Marina. The City Commission needs to set a public hearing on the plan for June 9, 2020. The resolution of approval by the Brownfield Redevelopment Authority and a resolution setting the June 9 public hearing are attached. STAFF RECOMMENDATION: To approve the resolution setting a public hearing for June 9, 2020 on the Harbor West Brownfield Plan Amendment and notify the appropriate taxing units. Motion by Commissioner Johnson, second by Vice Mayor Hood, to approve the consent agenda as presented, except item D and E. ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and Rinsema-Sybenga Page 2 of 6 Nays: None MOTION PASSES 2020-31 CONSENT AGENDA: D. LGBTQIA Pride Month Resolution City Clerk SUMMARY OF REQUEST: To adopt a resolution declaring June as LGBTQIA Pride Month in the City of Muskegon. STAFF RECOMMENDATION: To adopt the resolution. Motion by Commissioner German, second by Commissioner Rinsema-Sybenga, to adopt the resolution. ROLL VOTE: Ayes: Johnson, Gawron, Ramsey, Rinsema-Sybenga, and Emory Nays: Hood and German MOTION PASSES E. Parking Enforcement Ordinance – 2nd Reading Public Safety SUMMARY OF REQUEST: Amending current parking ordinances 92-71 and 73; Chapter 92, Article V of the Code of Ordinances of the City of Muskegon to include parking restrictions and enforcements for public beach parking. In addition, abandoned vehicle language (L05) was added to restrict vehicles parked longer than 48 hours on city streets. STAFF RECOMMENDATION: Approval to amend Parking Ordinance 92-71 and 92-73. Motion by Commissioner German, second by Commissioner Rinsema-Sybenga, to approve the Parking Ordinance Amendment for 92-71 and 92-73. ROLL VOTE: Ayes: Gawron, Hood, Ramsey, Rinsema-Sybenga, Emory, and Johnson Nays: German MOTION PASSES 2020-32 NEW BUSINESS: A. Lease – 292 W. Western City Manager REMOVED PER STAFF REQUEST B. Expanded Use of Public Property During COVID-19 Emergency City Clerk SUMMARY OF REQUEST: Due to the COVID-19 pandemic and limited occupancy business are facing, staff is requesting approval to administratively review and approve requests for City businesses to expand seating and retail areas onto portions of public property. Page 3 of 6 The COVID-19 pandemic has affected businesses across the City in unprecedented ways. It is anticipated that businesses will be allowed to re- open in our region soon. Current guidance and executive orders are indicating that when businesses re-open they will be faced with reduced occupancy limits. Many businesses, especially restaurants and bars, operate on slim profit margins and depend on their normal occupancy levels to remain profitable. Communities across the country are pursuing various ways to allow businesses to gain additional occupancy by expanding outdoors. While businesses would still be required to maintain proper social distancing standards outdoors, this can allow customers to be in an open-air setting which is believed to carry less risk while also allowing the business to make up some of their lost indoor seating or retail space. Many businesses across the City are contiguous to public property and the City has a unique opportunity to allow businesses to expand their footprint onto public property, including sidewalks, parking spaces, and streets. The Michigan Liquor Control Commission (MLCC) has changed their rules to allow for a “Limited Permanent Outdoor Service Area”. Recently, 18th Amendment has approached the City and asked for approval to use public property to expand their seating area, including the use of the street. The MLCC’s application requires local governmental authorization to use the public property as part of the application review. These applications are only approved through the fall season and expire October 31, 2020. It is anticipated that other liquor license holders will also wish to use public property to expand. It is also anticipated that additional restaurants or retail businesses will also wish to do the same. Staff is recommending that we allow interested businesses to request approval to expand onto public property in order to help them get closer to or reach their normal occupancy level. This could include city streets in some areas. Due to every day being critical to business success this summer and fall, staff is requesting your approval for staff review and approval of these requests. Each business owner would be required to list the City as an additional insured and submit a site plan showing their requested use of public space. The site plan would need to include how pedestrian traffic and ADA accessibility will be maintained. Those requesting approval of public space for liquor purposes will be required to follow all MLCC rules related to securing the approved area with barriers, monitoring exits, and intoxicated persons. The Directors of Public Safety, Development Services, Public Works, and City Manager will review each request for approval. Attached is a proposed plan to use public space along Western Ave between 2 Page 4 of 6 and 3rd as well as 4th and 5th. Other areas of the Downtown and City are also open to review. Staff recognizes that not all businesses may be able to be accommodated or expand onto public property but staff’s goal is to be as flexible as possible to support as many businesses that wish to make a request. STAFF RECOMMENDATION: To authorize City staff to approve reasonable use of public property to allow business owners to expand their seating or retail footprint during the COVID-19 virus protection period in the summer and fall of 2020, provided the Directors of Public Safety, Municipal Services, Public Works, and City Manager concur on the approval, and the approvals expire October 31, 2020. Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga, to authorize City staff to approve reasonable use of public property to allow business owners to expand their seating or retail footprint during COVID-19 virus protection period in the summer and fall of 2020, provided the Directors of Public Safety, Municipal Services, Public Works, and City Manager concur on the approval, and the approvals expire October 31, 2020. ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson, and Gawron Nays: None MOTION PASSES C. Purchase Agreement – 188 4th Street City Manager SUMMARY OF REQUEST: City Staff is seeking authorization to enter into a purchase agreement for 1188 4th Street. 1188 4th Street was a regular area of concern among neighbors. In an attempt to help mitigate the concerns, the City purchased the property and completed a renovation. The property was listed on the MLS for $229,900; an offer was accepted for $225,000. Staff is seeking permission to approve the purchase agreement and complete the sale. Note that his property is part of the scattered site brownfield project. Any difference in sales price and renovation will be recovered via tax capture. STAFF RECOMMENDATION: Authorize the City Manger to sign the purchase agreement and complete the sale. Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson, to authorize the City Manager to sign the purchase agreement and complete the sale. ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson, Gawron, and Hood Nays: None Page 5 of 6 MOTION PASSES PUBLIC COMMENT: Public comments were received. ADJOURNMENT: The City Commission meeting adjourned at 6:44 p.m. Respectfully Submitted, Ann Marie Meisch, MMC – City Clerk Page 6 of 6 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: June 9, 2020 Title: Establish a Grants Program Coordinator Position Submitted By: Oneata Bailey Department: Community and Neighborhood Services Brief Summary: Seeking approval to establish a Grants Program Coordinator position for the Community and Neighborhood Services Department. Detailed Summary: The purpose of this position is to manage various federal, state, and locally funded grants and programs administered by the city and will assist the Development Services Division with other grant opportunities. The coordinator will be responsible for development, implementation and revision of policies, procedures, and technical systems, will assist with office and program oversight and act as a staff liaison to various boards and commissions associated with the CNS Department. The job description was approved by the Civil Service Commission at its May 21, 2020 meeting. The cost of the position will be completely covered by administrative costs received through the various grant programs, and the general fund will not be impacted. Amount Requested: $80,000 (salary + fringe) Amount Budgeted: $80,000 Fund(s) or Account(s): CNS Administration Fund(s) or Account(s): CNS Administration Recommended Motion: Approve the establishment of the Grants Program Coordinator position in the Community and Neighborhood Services Department. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: CITY OF MUSKEGON JOB DESCRIPTION GRANTS PROGRAM COORDINATOR Supervised By: Director, Community & Neighborhood Services Supervises: N/A Position Summary: Under the general supervision of the Director, Community & Neighborhood Services (CNS), manage various federal, state, and locally funded grants and programs administered by the city. Responsible for development, implementation and revision of policies, procedures, and technical systems for the department. Assist with office and staff oversight and act as a staff liaison to various boards and commissions. Essential Job Functions: An employee in this position may be called upon to do any or all of the following essential functions. These examples do not include all of the duties which the employee may be expected to perform. To perform this job successfully, an individual must be able to perform each essential function satisfactorily. 1. Assist the Director to establish priorities and plan activities to achieve the goals of all federal, state, and local programs administered by the city through the Community & Neighborhood Services Department. Assist the Director to plan and monitor budgets for each program. 2. Develop, recommend, implement, and update related policies and procedures, internal controls, and goals and objectives in accordance with city needs and directives, contractual obligations, and legal requirements. 3. Serve as community liaison to oversee housing programs within the city including rehabilitation, homeownership, and new construction. Ensure programs are designed to provide affordable and market rate housing to redevelop and conserve neighborhoods and businesses. 4. Implement the annual Community Development Block Grant (CDBG) planning and budgeting processes. Prepare and monitor program budgets, generate program reports, assist with public forums, and review performance. Educate Citizens District Council members on program parameters and guide them through plan and budget development. 5. Research and identify other grants and alternative funding sources; assist with grant applications. Administer grant funded programs and projects within the Development Division and complete related reports. 6. Prepare bid proposals and contracts. Develop specifications and estimate costs. Oversee the work of contractors and monitor costs and performance. Grants Program Coordinator 1 4/2020 7. Process loan and grant applications under the department’s various programs. Analyze financial questionnaires of applicants, prepare and process correspondence to financial institutions, and work with the city attorney’s office to prepare legal documents. Review and recommend homeowner grant and loan applications. Counsel homeowners about requirements for loans and grants. 8. Assist with the preparation and submission of all reports and maintain all necessary records in accordance with administrative rules, contract language, and legal requirements including state and federal grants and local policies. Work cooperatively with Finance Department to provide information for timely accounting and financial reporting purposes. 9. Interview clients to obtain information necessary to make eligibility determinations. Conduct intake interviews. Determine priority of needs and funding availability. Maintain accurate documentation of case records. 10. Assist with work assignments to other staff and recommend training and professional development. Ensure staff is informed of new or revised procedures. 11. Serve as liaison to committees, boards, and commissions as assigned. Represent the department to other city departments and outside organizations. Attend meetings as necessary and coordinate activities with other departments and outside organizations including sub-recipients and construction contractors. 12. Conduct research, compile information, and prepare reports. Attend meetings, advise city officials on departmental activities, and make presentations as requested by supervisor. Maintain detailed record keeping system according to established requirements. 13. Establish and maintain effective relationships with citizens, community groups, city officials, other employees, and other interests. Respond to public inquiries, investigate complaints, and assist the public as needed. Follow up on corrective actions and ensure that replies are provided. 14. Consult with other city staff, and seek input from specialists and experts as needed. Participate in internal work groups. 15. Attend meetings, perform research, submit reports, and recommend policies and programs as requested. 16. Keep abreast of legislative and regulatory developments, new administrative techniques, and current issues through continued education and professional growth. Attend conferences, workshops, and seminars as appropriate. 17. Perform other related work as required. Grants Program Coordinator 2 4/2020 Required Knowledge, Skills, Abilities and Minimum Qualifications: The requirements listed below are representative of the knowledge, skills, abilities and minimum qualifications necessary to perform the essential functions of the position. Reasonable accommodations may be made to enable individuals with disabilities to perform the job. • Bachelor’s degree in social work, public administration, urban studies, or a related field. • Two or more years of progressively more responsible experience in grant writing, federal and state programs, community development, program administration or related field. • State of Michigan Vehicle Operator’s License, a satisfactory driving records, and the ability to maintain one throughout employment. • Substantial knowledge of the laws, regulations and professional practices associated with administering community and neighborhood development programs and related record-keeping. • Thorough knowledge of the principles, practices, and procedures of economic and community development. • Knowledge of grant writing and administration, budget development, and financial accounting of various programs and initiatives. • Skill in compiling and evaluating complex information and formulating effective policy and service recommendations. • Skill in implementing and providing diverse programs and services to ensure compliance with state and federal requirements. • Skill in the use of office equipment and technology, including computers and related software, and the ability to master new technologies. • Ability to maintain accurate records and prepare comprehensive reports. • Ability to exercise a high degree of diplomacy and work effectively under stress and in emergency and confrontational situations. • Ability to communicate effectively and present ideas and concepts orally and in writing, and make public presentations. • Ability to establish effective working relationships and use good judgment, initiative and resourcefulness when dealing with employees, city officials, professional contacts, community leaders, the media, and the public. • Ability to critically assess situations, problem-solve, and work well under stress, within deadlines and changes in work priorities. • Ability to attend meetings and travel to other locations. Grants Program Coordinator 3 4/2020 Physical Demands and Work Environment: The physical demands and work environment characteristics described here are representative of those an employee encounters while performing the essential duties of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform essential functions. While performing the duties of this job, the employee regularly works in an office setting with a controlled climate where they sit and work on a computer, communicate by telephone, email or in person, and move around the office to travel to other locations. The employee must occasionally work outside the office and may need to lift and/or move items of light weight. The noise level in the work environment is usually quiet. While performing the duties of this job, the employee is occasionally required to travel to various locations within the city and work outside the office at field sites to inspect rental properties and other works in progress. This may include visiting construction sites requiring the employee to traverse uneven ground, and may involve fumes, dust, chemicals or other hazardous materials, loud machinery and equipment, and other dangers associated with engineering projects and construction sites. The employee is occasionally exposed to adverse weather conditions, loud noises, moving mechanical parts, dust or airborne particles, and fumes. The noise level in the work environment is usually quiet, and may be loud in field situations. Grants Program Coordinator 4 4/2020 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: May 26, 2020 Title: Seaway Railroad Bridge Painting Submitted By: Leo Evans Department: Public Works Brief Summary: Staff is requesting authorization to issue a notice to proceed for the work to clean and paint the railroad bridge over Seaway Drive between Laketon Avenue and Hackley Avenue. Detailed Summary: Bids for the project were previously approved at the February 25th, 2020 Commission Meeting with the low bid from Seaway Painting being approved in the amount of $68,385.00. Staff has prepared the contract documents with Seaway Painting but has not issued the notice to proceed at this time pending review of the private fundraising campaign for the project. Fundraising us still ongoing. A Patronicity crowdfunding campaign is expected to begin in June. A number of commitments have been made, but in order to receive the matching dollars from Patronicity, those donations cannot be finalized until the campaign commences. It is anticipated that the City’s contribution will be $10,000-$15,0000 in cash towards the Seaway Painting contract from the Public Improvement Fund. In addition to the cash contribution the City will provide in-kind services in the form of traffic control for the work, which is estimated to cost $6,497.36. (Attachment) In parallel to the cleaning and coating work the Muskegon City Public Art Initiative has begun the search for an artist to complete murals on the bridges and will be ready to proceed with the mural work upon completion of the cleaning and coating project. The mural work is not expected to require any additional cash contribution on behalf of the city but would again require an in-kind donation in the form of traffic control services for the project, estimated at approximately the same amount as for the initial cleaning and coating. MDOT has been engaged on the project and has agreed to participate in the form of reimbursement for a portion of the traffic control costs from the cities state trunk line budget. The exact amount is yet to be determined. If approved the intention is for the cleaning and coating with Seaway Painting to occur in August 2020, with the mural work to follow in September 2020. Amount Requested: $10,000-$15,000 Amount Budgeted: $10,000-$15,000 Fund(s) or Account(s): 202/404-91914 Fund(s) or Account(s): 202/404-91914 Recommended Motion: Authorize staff to issue the notice to proceed to Seaway Painting for the work to clean and coat the railroad bridge over Seaway Drive between Laketon Avenue and Hackley Avenue and authorize staff to provide in- kind services for the project in the form of traffic control. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: Traffic Department 1350 E. Keating Ave INVOICE Muskegon, MI 49442 Phone: (231)724-6981 INVOICE #00001 DATE: 3/3/2020 TO: FOR: City of Muskegon Traffic Control for Bridge Painting Project City Hall 933 Terrace St Muskegon, MI 49440 DESCRIPTION HOURS RATE AMOUNT Labor + Fringe (x2) 56 39.33 $4,404.96 - For Setup, Reset, Teardown, and Maintaining Equipment A (Arrow Boards) 1 Month 1200 $1200 - 2 Rentals from Give ‘Em A Brake Equipment B (Trucks) - 40148 56 9.70 $543.20 - 30571 36 9.70 $349.20 TOTAL $6,497.36 TWO X TWO - FOUR X FOUR REQUEST FOR PROPOSAL for RAILROAD BRIDGE MURALS DESCRIPTION OF THE PUBLIC ART COMMISSION The MuskegonCity Public Art Initiative [MCPAI] is seeking to commission an artist or artist team to create original, contemporary, inclusive, celebratory, and engaging murals to be painted directly on the railroad bridge over Seaway Drive [US Business 31] between Laketon Avenue and Hackley Avenue within the City of Muskegon, referred hereafter as the City Bridge and on a second bridge located between Sherman Avenue and Broadway, also on Seaway Drive [US Business 31] and within the governmental entities of Norton Shores and Muskegon Heights, referred hereafter as the NS/HTS bridge. There are four sides to the two bridges; therefore we are ultimately looking for four artists or artist teams for this work. The first bridge to be commissioned for murals is the City Bridge, and it is expected that this work will be done in September 2020. At this time, it has not yet been determined if the NS/HTS Bridge will be commissioned now or for the spring of 2021, but likely the spring of 2021. We invite concepts and themes that celebrate our community, its diversity and resiliency, our natural resources and our beautiful surroundings. Designs may be abstract, conceptual, and/or representational. We will not accept designs that reflect political issues, sex, violence, alcohol, drugs, or religious themes.. In addition, per MDOT requirements, artwork cannot promote commercial products, messages or services of any kind; contain religious, political, private or special interest symbols, trade names, slogans or websites; include illumination that impairs or distracts driver vision; display blinking, intermittent or moving lights, including digital displays or LED displays; or include moving elements, including kinetic art or other devices. The City Bridge is approximately 9.5 ft high x 210 ft long abutment to abutment. It is not necessary that a design for the mural go from end to end, but that it is required that it is scaled appropriately for the space. The design can be done all as one or can be done in sections but read as one. We are planning for an early September time frame for the murals to be completed directly on the City Bridge. The NS/HTS Bridge is approximately 8 ft 2 in high by 108 ft long. The timing for the commissions for this bridge are to be determined. However, the method and time frames for completion are the same. The selected artists will have two weeks to complete the mural. The roadway will be closed in two stages, which is illustrated in one of the attachments to this RFP and described as follows: Week One: we close the outside lanes of both bounds of Seaway Drive and the artist paints from the center line of each road out to the abutments on both sides of the bridge. Week Two: we close the inside lanes of both bounds and the artist paints the length of the bridge between the center lines of northbound and southbound Seaway Drive. Attached to this brief are photos and drawings of both bridges, as well as a photo to illustrate the road closure, and a photo of the type of equipment that the artist would use to reach the overpass. DESCRIPTION OF LOCATION The City Bridge is located between Laketon and Hackley Avenues on Seaway Drive, US Business 31, in the City of Muskegon. This is the first bridge that we plan to commission. The NS/HTS Bridge is located between Sherman Avenue and Broadway on Seaway Drive, US Business 31. Norton Shores and Muskegon Heights share responsibility for this bridge. 1 COMMISSION BUDGET Two commissions, $8,000 per mural for the City Bridge, will be awarded to the chosen artists later this summer. Two commission, $7,000 per mural for the NS/HTS Bridge, will be awarded to the chosen artists in the early spring of 2021. This commission is inclusive of all costs related to proposal research, development, community and agency meeting costs, design, paint, materials, and supplies, photography, insurance, and artist travel to Muskegon to paint the murals. The bridge surfaces will be cleaned, primed, and painted with a coat of a urethane-based paint by the City prior to the painting of the murals. The governmental units, in partnership with the MCPAI, is responsible for the expense of the road closures and for the cost of equipment rental to be used to access the bridge surfaces. The current plan for equipment is to secure a Stevenson-Crane-Service- JLG-450AJ-Articulating-boom-lift for the artist to use. [Picture is attached to this RFP.] In addition, the MC-PAI will supply the artists with the sealant to be used to coat the murals. If lodging is necessary to house an artist for the duration of the project, the MC-PAI will arrange and cover the costs. SUBMISSION OF PROPOSALS The proposal for this commission must include: 1. Well-developed scale drawings or digital renderings of the artist’s proposed design which are proportionate to the dimensions of the bridge, include the scale employed, and include the following: Indication of which bridge the submitted proposal addresses; Type of paint to be used as well as application method, ie. paint and brush/roller, spray paint, etc; [If spray paint is the method, also detail protective strategies to be used to manage overspray.]; Dimensions of the final work of art; The scale employed in the drawing/rendering; An illustration of how the work would look on the bridge; 2. The artist’s resume/vita; 3. Identification and resume/vitas of additional team members , if applicable, that the artist may bring to execute the mural; 4. Images and locations of a minimum of 2 examples of artist’s previous outdoor monumental mural work and public art commissions; 5. Three professional references with contact information including email and phone numbers. All proposal documents, to be submitted by email to judyhayner@gmail.com as a PDF, and including all drawings, sketches, and renderings, will become property of the MuskegonCity Public Art Initiative and may be used for educational and/or promotional purposes of the program. Please also include illustrations of your design in the PDF without your name on them so that we can implement a “blind” judging of the submissions. PLEASE NOTE: It is a requirement that submissions to this RFP represent an original and new work of art created specifically in response to this commission brief. Submissions of previously completed works of art or an “edition” of a work of art that has already been created for another purpose will not be accepted. 2 SELECTION PROCESS The Muskegon Downtown Arts Committee (the Committee) is instrumental in the deliberations as to the choice of artists to commission and includes representatives from the Community Foundation for Muskegon County, City of Muskegon, Muskegon Museum of Art, Lakeshore Museum Center, Muskegon County Convention and Visitors Bureau, Grand Valley State University Art Center, artists, community leaders, and philanthropists. Additional representatives from the cities of Muskegon, Muskegon Heights, and Norton Shores will be a part of this review and selection process. EVALUATION CRITERIA The proposal will be evaluated by the following criteria: 1. Artistic excellence and originality as evidenced by representations of past work images and other supporting materials; 2. Successful completion of all aspects requested as part of this RFP; 3. Appropriateness of artist’s medium and style as it relates to project goals and setting; 4. Prior experience with projects of a similar scale and scope; and 5. Availability to participate in the design and implementation of the project as required. Previous experience in developing large scale public works of art and murals is a prerequisite for being considered for this project. In addition, the Committee may also take into consideration when selecting artists whether or not an artist is already represented in Muskegon’s collection of public art. TIMELINE & PROJECT SCHEDULE Proposals must be received by June 26, 2020. You may email proposals to: judyhayner@gmail.com. Please submit all materials as PDFs. Questions may be emailed to Hayner, who will answer and distribute answers to the entire list of invited artists. The Review Committee will narrow the applicants to a pool of finalists who may be invited to be interviewed for this project. In the event that the Committee wishes to interview the finalists, artists will be given a travel stipend for travel to Muskegon for this purpose. It is anticipated that a contract for the City Bridge commission will be executed by August of 2020; a specific time frame for the painting of the mural is to be determined, but for the City Bridge, our goal is September. The Committee plans to choose from the submitted proposals the artists for the NS/HTS Bridge at the same time although the NS/HTS Bridge may be a spring of 2021 project. NOTIFICATIONS AND PROPOSALS The Project Director and the Committee reserves the all rights to choose the artists for this project. Once a decision on the commission has been reached and the final budget is known, the MuskegonCity Public Art Initiative will immediately initiate the campaign to raise funds for the project. Once at least 50% of the funds are secured, the MC-PAI will enter into a commission contract. Notification of the intent of the MC-PAI to commission artist(s) for the City Bridge project will be issued in July 2020. It is expected that a contract will be issued shortly thereafter. As previously stated, the decision and timelines for the NS/HTS Bridge are to be determined. NOTICE The MuskegonCity Public Art Initiative reserves the right to modify the project timeline, if necessary.. MC-PAI also reserves the right to reject any or all applications or proposals, to reject any finalist, and to terminate the selection process for this project without prior notice. ATTACHMENTS 1. RFP-Muskegon Railroad Bridge Mural Project 4. Seaway Dr Photos-RR Bridges 2. RR Bridge Mural Proj-Artists' Invitational List 5. RR Bridge Mural Proj-Road Closure 3. RR Bridge Mural Proj-Maps-Seaway Drive 6. Articulating Boom Lift 3 4 Railroad Overpass Project (2 murals) A Partnership with the City of Muskegon PROPOSED BUDGET REVENUE CASH INKIND TOTAL MuskegonCity Public Art Initiative $25,000 $25,000 City of Muskegon $ 6,500 $6,500 OTHER PRIVATE SUPPORT-TBD $0 $0 TOTAL REVENUE $25,000 $ 6,500 $ 31,500 EXPENSE ARTISTS [assumes we contract for both sides at same timee $16,000 $ 16,000 Design Paint and supplies Artists’ commission Equipment Rental $4,000 $ 4,000 Articulating boom lift: 2 lifts/2 weeks Sealant supplies-TBD $2,000 $ 2,000 Road closure $ 6,500 $ 6,500 CFFMC Fund Mgt Fee (2%) $500 Contingency, $2,000 $ 2,000 TOTAL EXPENSE $24,500 $ 6,500 $ 31,000 All figures in italics are estimated amounts. Actual revenue needs and expenses to be confirmed after artist proposals re accepted. Railroad Overpass Project (4 murals) A Partnership with Muskegon, Norton Shores, and Muskegon Heights PROPOSED BUDGET REVENUE CASH INKIND TOTAL MuskegonCity Public Art Initiative $30,000 $30,000 City government $ 13,000 $13,000 OTHER PRIVATE SUPPORT-TBD $14,000 $14,000 TOTAL REVENUE $44,000 $ 13,000 $ 57,000 EXPENSE ARTISTS [ 4 artists; $8K-CITY Bridge; $7K NS/HTS Bridge] $30,000 $ 30,000 Design Paint and supplies Artists’ commissions Equipment Rental (boom lift, one per side) $8,000 $ 8,000 Articulating boom lift: 4 lifts/ 2 weeks ea Sealant supplies-TBD $3,000 $ 3,000 Road closure $ 13,000 $ 13,000 CFFMC Fund Mgt Fee (2%) $880 Contingency $2,000 $ 2,000 TOTAL EXPENSE $43,880 $ 13,000 $ 56,880 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: June 9, 2020 Title: Lease Agreement Submitted By: Doug Sayles Department: Public Works Brief Summary: Staff is asking permission to enter into a contractual agreement for/with “MACkite Kiteboarding School” at Pere Marquette Park. Detailed Summary: Staff is asking permission to enter into a contractual Lease Agreement for 2020, 2021, and 2022 with Steve Negen of MACkite for Operating a Kiteboarding school at Pere Marquette Park. MACkite has been operating a kiteboarding school out of the brown brick building at the south end of Pere Marquette beach since 2008. Lease revenue is $2500.00 per year. Lessee also provides a portable Handicapped Restroom and pays the electrical bills for the property as part of the agreement. Amount Requested: Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: Authorize staff to enter into a contractual Lease Agreement with Steve Negen to operate a Kiteboarding School at the brown brick building, at the south end of PM Park (1955 Beach Street). Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: Agenda Item Review Form Muskegon City Commission Commission Meeting Date: June 9, 2020 Title: Contract Agreement Submitted By: Doug Sayles Department: Public Works Brief Summary: Staff is asking permission to enter into a contractual agreement for/with “J-Boards” for Stand Up Paddleboard lessons and rentals at Pere Marquette Park. Detailed Summary: Staff is asking permission to enter into a contractual Lease Agreement for 2020, 2021, and 2022 with Jason Gorski for Operating Stand Up Paddleboard lessons and rentals at Pere Marquette Park. Jason Gorski has been operating Stand Up Paddleboard lessons/rentals at Pere Marquette beach since 2013. Commission revenue has been between $150 and $500 per year with revenue being 10% of gross receipts per year. Amount Requested: Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: Authorize staff to enter into a Contractual Agreement with Jason Gorski to operate Stand Up Paddleboard lessons/school at PM Park. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: Agenda Item Review Form Muskegon City Commission Commission Meeting Date: June 9, 2020 Title: Conflict of Interest Disclosure Submitted By: Oneata Bailey Department: Community and Neighborhood Services Brief Summary: Seeking approval to submit a request to the Department of Housing and Urban Development for an Exception for a Conflict of Interest for the City of Muskegon Community and Neighborhood Services (CNS)Department home sale. Detailed Summary: Legal counsel has provided their opinion of a Conflict of Interest sale of a HOME funded rehabilitated home offered by CNS Department. This includes the disclosure of a Conflict of Interest and support the request of an Exception from our Housing and Urban Development –Community Planning Development Office. The letter is attached. Amount Requested: NA Amount Budgeted: NA Fund(s) or Account(s): NA Fund(s) or Account(s): NA Recommended Motion: To approve the request of Conflict of Interest Exception from the department of Housing and Urban Development (HUD) for the sale of a HUD funded home through the Community and Neighborhood Services Department. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 6-9-2020 Title: Public Hearing on Harbor West LLC Brownfield Plan, 1000-1060 West Western Avenue Submitted By: Dave Alexander Department: Economic Development Brief Summary: To hold a public hearing on the request for a Brownfield Plan Amendment for Harbor West LLC (Hartshorn Village) and to consider the attached resolution. Detailed Summary: Harbor West LLC proposes a Brownfield Amendment for 1000, 1010 and 1060 West Western Avenue for its first phase of the Hartshorn Village residential site condominiums. The $5 million+ initial investment is for the first 10 of an expected approximately 50 units. The former Shaw-Walker Co. parking lot was sold by the city to Harbor West in 2018. The initial $5.597 million brownfield plan is a local-only property tax capture. State eligible environmental costs are $250,000, $19,500 for demolition, $626,000 for site preparation and $3.946 million for infrastructure improvements. The majority of the infrastructure costs ($3.502 million) are to upgrade the city’s adjacent Hartshorn Marina and for a joint-use pool and clubhouse for the condo owners and marina slip holders. The sales and development agreement between the city and Harbor West calls for the city to provide the buyer up to $600,000 for brownfield eligible costs. The city would receive the first $600,000 of property tax capture, then Harbor West for its remaining eligible costs and finally with the marina upgrade being covered last. There is a 15 percent contingency in the plan, no request for interest borrowing and it is a 30-year plan. The plan allows for a continued five-year capture of tax increments for a local Brownfield Revolving Loan Fund if there is time left in the 30 years after all eligible costs are covered. There is an annual $10,000 administrative fee paid to the Brownfield Redevelopment Authority. The BRA approved the Harbor West Brownfield Amendment at its May 12, 2020 meeting. Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To close the public hearing and approve the Brownfield Plan Amendment for West Harbor LLC (Hartshorn Village) at 1000-1060 West Western Avenue with the attached resolution, authorizing the Mayor and City Clerk to sign. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY BROWNFIELD PLAN AMENDMENT FOR THE HARBOR WEST, LLC DEVELOPMENT PROJECT May 7, 2020 Original Plan Approved by the Board of the City of Muskegon Brownfield Redevelopment Authority on February 23, 1998, with subsequent amendments approved as outlined below. This amendment approved on ______________. Original Plan Approved by the City Commission of the City of Muskegon on April 14, 1998, with subsequent amendments approved as outlined below. This amendment approved on ________________. City of Muskegon Brownfield Plan Amendment Harbor West, LLC Development Project CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY BROWNFIELD PLAN INDEX I. INTRODUCTION II. GENERAL PROVISIONS A. Costs of the Brownfield Plan B. Method for Financing Costs of Plan C. Duration of the Brownfield Plan D. Displacement/Relocation of Individuals on Eligible Properties E. Local Site Remediation Revolving Fund III. SITE SPECIFIC PROVISIONS A. Kirksey/Anaconda Property (Approved 4/14/98) B. Dilesco Corporation Property (Approved 8/11/98) C. Beacon Recycling (Approved 7/11/00) D. Verplank Dock Company (Approved 5/27/03) E. Gillespie Development Property (Approved 8/12/03) F. Loft Properties, LLC Property (Approved 8/12/03) G. Parmenter O’Toole Property (Approved 8/12/03) H. “The WaterMark” Project (Approved 5/25/04) I. Northern Machine Tool (Approved 7/13/04) J. Terrace Lots Office Building (Approved 7/13/04) K. Art Works Apartments (Approved 7/27/04) L. Former Muskegon Mall (Approved 10/12/04) M. Vida Nova at Edison Landing (Approved 10/24/06) N. Western Ave. Properties LLC and Port City Development Services, LLC (Approved 10/24/06) O. Viridian Place at Edison Landing (Approved 10/24/06) P. Hot Rod Harley (Approved 3//27/07) Q. Sidock Building Project (Approved 6/12/07) R. Heritage Square Town Homes (Approved 1/8/08) S. Betten Auto Dealerships (Approved 5/13/08) T. Parkland Muskegon Mixed Use Project (Approved 6/24/08) U. Terrace Point Landing Redevelopment Project (Approved 5/14/13) V. P&G Holdings NY, LLC (Approved 1/10/17) W. Sweetwater Development/The Leonard (Approved 3/12/19) X. 1208 Eighth/Core Development (Approved 10/8/19) Y. Damfino Development, LLC (12/10/19) Z. Harbor West, LLC Development Project (____) ii 5/7/2020 City of Muskegon Brownfield Plan Amendment Harbor West, LLC Development Project I. INTRODUCTION In order to promote the revitalization of commercial, industrial, and residential properties within the boundaries of the City of Muskegon (the “City”), the City established the City of Muskegon Brownfield Redevelopment Authority (the “Authority”) pursuant to Act 381, Public Acts of Michigan, as amended (“Act 381”) and a resolution adopted by the Muskegon City Commission on February 10, 1998. Terms defined in Act 381 and applicable sections of the statute are noted in italics throughout this document. This Brownfield Plan (“Plan”) was originally intended to address the redevelopment of eligible properties within the City that are impacted by the presence of hazardous substances in concentrations that exceed Michigan’s Part 201 Generic Cleanup Criteria (“facilities”) or that have been determined to be Functionally Obsolete or Blighted. By facilitating redevelopment of underutilized eligible properties, the Plan is intended to promote economic growth for the benefit of the residents of the City and all taxing units located within and benefited by the Authority. This Plan is intended to be a living document, which can be amended as necessary to achieve the purposes of Act 381. It is specifically anticipated that properties will be continually added to the Plan as new projects are identified. The Plan contains general provisions applicable to the Plan, as well as property-specific information for each project. The applicable Sections of Act 381 are noted throughout the Plan for reference purposes. This Brownfield Plan contains the information required by Section 13(2) of Act 381, as amended. Additional information is available from the Muskegon City Manager or the Director of Planning and Economic Development. II. GENERAL PROVISIONS A. Costs of the Brownfield Plan (Section 13(2)(a)) Any site-specific costs of implementing this Plan are described in the site-specific section of the Plan. Site-specific sources of funding may include tax increment financing revenue generated from new development on eligible brownfield properties, state and federal grant or loan funds, and/or private parties. Where private parties finance the costs of eligible activities under the Plan, tax increment revenues may be used to reimburse the private parties. The initial costs related to preparation of the Brownfield Plan were funded by the City’s general fund. Subsequent amendments to the Plan may be funded by the person requesting inclusion of a project in the Plan, and if eligible, may be reimbursed through tax increment financing. The Authority intends to pay for administrative costs and all of the things necessary or convenient to achieve the objectives and purposes of the Authority with fees charged to applicants to be included in the Plan, and any eligible tax increment revenues collected pursuant to the Plan, in accordance with the provisions of Act 381, including, but not limited to: i) the cost of financial tracking and auditing the funds of the Authority, 1 5/7/2020 City of Muskegon Brownfield Plan Amendment Harbor West, LLC Development Project ii) costs for amending and/or updating the Plan, including legal fees, and iii) costs for Plan implementation Tax increment revenues that may be generated and captured by this Plan are identified in the site-specific sections of this Plan. B. Method for Financing Costs of Plan and Bonded Indebtedness (Section 13(2)(d) and (e)) The City or Authority may incur some debt on a site-specific basis. Please refer to the site-specific section of this Plan for details on any debt to be incurred by the City or Authority. When a property proposed for inclusion in the Plan is in an area where tax increment financing is a viable option, the Authority intends to enter into Development and Reimbursement Agreements with the property owners/developers of properties included in the Plan to reimburse them for the costs of eligible activities undertaken pursuant to the Plan. Financing arrangements will be specified in the Development and Reimbursement Agreement, and also identified in the Site Specific section of the Plan. C. Duration of the Brownfield Plan (Section 13(2)(f)) The Plan, as it applies to a specific eligible property, shall be effective up to five (5) years after the year in which the total amount of any tax increment revenue captured is equal to the total costs of eligible activities attributable to the specific property, or thirty (30) years from the date of first tax capture under the Plan as it relates to an individual site, whichever is less. The total costs of eligible activities include the cost of principal and interest on any note or obligation issued by the Authority to pay for the costs of eligible activities, the reasonable costs of a Work Plan, the actual costs of the Michigan Environmental Great Lakes & Energy or Michigan Strategic Fund’s review of the Work Plan and implementation of the eligible activities, as applicable. D. Displacement/Relocation of Individuals on Eligible Properties (Section 13(2)(i),(j)(k)(l) At this time, eligible properties identified in the Plan do not contain residences, nor are there any current plans or intentions by the City for identifying eligible properties that will require the relocation of the residences. Therefore the provisions of Section 13(2)(i-l) are not applicable at this time. E. Local Site Remediation Revolving Fund (Section 8; Section 13(5)(b)) Whenever the Plan includes a property for which taxes will be captured through Tax Increment Financing (TIF) provided by Act 381, it is the Authority's intent to establish a Local Brownfield Revolving Fund ("Fund"). The Fund will consist of tax increment revenues that exceed the costs of eligible activities incurred on an eligible property, as specified in Section 13(5) of Act 381. Section 13(5) authorizes the capture of TIF from an eligible property for up to 5 years after the time that capture is required for the purposes of reimbursing the costs of eligible activities identified in the Plan. It is the intention of the Authority to continue to capture tax increment revenues for 5 years after eligible activities are funded from those properties identified for tax capture in the Plan, 2 5/7/2020 City of Muskegon Brownfield Plan Amendment Harbor West, LLC Development Project provided that the time frame allowed by Act 381 for tax capture is sufficient to accommodate capture to capitalize a Fund. The amount of school operating taxes captured for the Fund will be limited to the amount of school operating taxes captured for eligible department specific activities under the Plan. It may also include funds appropriated or otherwise made available from public or private sources. The Fund may be used to reimburse the Authority, the City, and private parties for the costs of eligible activities at eligible properties and other costs as permitted by Act 381. It may also be used for eligible activities on an eligible property for which there is no ability to capture tax increment revenues. The establishment of the Fund will provide additional flexibility to the Authority in facilitating redevelopment of brownfield properties by providing another source of financing for necessary eligible activities. III. SITE SPECIFIC PROVISIONS Z. Harbor West, LLC Development Project Eligibility and Project Description (Sec. 13(2)(h)) Project Description Harbor West, LLC (“Harbor West”) intends to develop approximately 3.01 acres of land located at 1000, 1010 and 1060 West Western Avenue in Muskegon, MI (the “Property”) into residential site condominiums (the “Project”). The Project will include the construction of an initial ten (10) new market-rate site condominiums, associated site improvements and marina improvements to the adjacent Hartshorn Marina located at 920 West Western Avenue (“Marina Property”). The Project will include department specific activities, demolition, site preparation and infrastructure improvement activities in order to prepare the Property and Marina Property for redevelopment. A proposed site plan is included in Attachment Z-2. It is anticipated that the Plan will be amended at a later date to include additional costs for future phases of development. The estimated total capital investment to complete Phase I of the Project is estimated to be approximately $5+ million. The eligible property included in this Plan consists of four parcels of property totaling 15.41 acres in the City of Muskegon, Michigan (see Attachment Z-3). This eligible property includes all existing real and all new taxable personal property. Eligibility The 1000 West Western property meets the definition of a “facility” as defined by Part 201 of Natural Resources and Environmental Protection Act (Act 451 of 1994) due to the presence of select metals found in shallow soil intervals that are consistent with area- wide contaminated historical fill. Total mercury, copper, arsenic, selenium, and silver were detected in shallow soil throughout the area exceeding the groundwater surface water interface protection criteria, while arsenic concentrations also exceeding the residential drinking water and direct contact criterion. The 920, 1010 and 1060 West 3 5/7/2020 City of Muskegon Brownfield Plan Amendment Harbor West, LLC Development Project Western parcels are adjacent and contiguous to the 1000 West Western property and development of these parcels is expected to increase its taxable value. Therefore, the parcels are considered “eligible property” under Act 381. Eligible Activities, Financing, Cost of Plan (Sec. 13(2)(a), (b), (c), (g)) It is intended that the amended Plan shall provide for reimbursement of eligible activities conducted on the Property and Marina Property, including department specific activities (i.e. Phase I and II Environmental Site Assessment and Due Care), demolition, site preparation, infrastructure improvements, brownfield plan/work plan preparation and development, including all associated professional fees. TIF revenues generated from the Project will first be used to reimburse the cost of eligible activities undertaken by the developer and City of Muskegon, in accordance with a development and reimbursement agreement to be executed by the parties. Following full reimbursement of the eligible activities included in this Plan, TIF generated by the Property may be used for any other purpose allowable under Act 381 and the Plan. The following are eligible activities that may be reimbursed through TIF revenues: 1. Department Specific Activities: Activities necessary for the developer to undertake its environmental due diligence, and any necessary costs related to Due Care obligations, including preparation of a Due Care Plan and implementation of Due Care Response Activities and Phase I, II and BEAs. Vapor barriers and mitigation systems, demarcation markers, contaminated soil excavation, transportation and disposal, environmental investigations and oversight. Costs are estimated at $250,000. 2. Demolition: Demolition will include removal of existing pavement, curbs, gutters and site improvements. Demolition is necessary in order to prepare the project for the proposed development. Demolition activities costs are estimated at $19,500. 3. Site Preparation: Site Preparation on the Property will include mobilization & demobilization, erosion control activities, dewatering, temporary traffic & construction signage, staking, clearing and grubbing, temporary facility, temporary site control, utility relocation, cut and fill, soil compaction and sub- base, mass grading/land balancing, unstable soil removal and backfill, geotechnical engineering, special foundations, and retaining walls. Site Preparation activities costs are estimated at $626,000. 4. Infrastructure Improvements: Infrastructure Improvements will include new water main, sanitary and storm sewer systems, walkways, bike paths, roadways, curb and gutter, gas and electric lines, public marina improvements, including a pool and a clubhouse. Infrastructure Improvement activities costs are estimated at $3,946,000. 5. Contingency: A 15% contingency is included to cover unexpected cost overruns encountered during construction totaling $726,225. 4 5/7/2020 City of Muskegon Brownfield Plan Amendment Harbor West, LLC Development Project 6. Brownfield/Work Plan Preparation and Development: Costs incurred to prepare and develop this brownfield plan is estimated at $30,000. An estimate of the captured taxable value and tax increment revenues, which includes the impact on the taxing jurisdictions, is attached as Attachment Z-5. Effective Date of Inclusion in Brownfield Plan The Harbor West LLC Development Project was added to this Plan on ________. It is intended the duration of the Plan capture is the lesser of the full reimbursement of eligible activities or 30 years with capture beginning in 2021. 17011359 5 5/7/2020 City of Muskegon Brownfield Plan Amendment Harbor West, LLC Development Project ATTACHMENT Z-1 SITE MAP HARBOR WEST, LLC REDEVELOPMENT PROJECT 6 5/7/2020 City of Muskegon Brownfield Plan Amendment Harbor West, LLC Development Project 7 5/7/2020 City of Muskegon Brownfield Plan Amendment Harbor West, LLC Development Project ATTACHMENT Z-2 PROPOSED SITE PLAN HARBOR WEST, LLC DEVELOPMENT PROJECT 8 5/7/2020 City of Muskegon Brownfield Plan Amendment Harbor West, LLC Development Project ATTACHMENT Z-3 LEGAL DESCRIPTION Parcel 4: THOSE PARTS OF BLOCKS 574 AND 575, REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF BLOCK 574 OF SAID REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON; THENCE NORTH 88°43’ WEST 270.42 FEET (M=NORTH 84°41’53” WEST 270.27 FEET) TO A POINT ON THE NORTHERLY LINE OF WEST WESTERN AVENUE FOR A POINT OF BEGINNING; THENCE WESTERLY ALONG THE NORTHERLY LINE OF WEST WESTERN AVENUE 457.28 FEET (M=NORTH 80°29’18” WEST 457.02 FEET); THENCE NORTH 2°04’ WEST 492.92 FEET; THENCE SOUTH 47°05’ EAST 236.7 FEET; THENCE CONTINUING SOUTH 47°04’ EAST TO A POINT 100 FEET NORTH OF AND NORTH 1°40’ WEST OF THE POINT OF BEGINNING. TOGETHER WITH THE C & O RAILWAY COMPANY RIGHT OF WAY RUNNING THROUGH THE ABOVE DESCRIBED PARCEL, EXCEPT THAT PART WHICH WAS DEEDED TO THE CITY OF MUSKEGON AS RECORDED IN LIBER 2138, PAGES 751 AND 752. Property Address: 1000 W. Western Avenue, Muskegon, Michigan Tax Parcel No.: 61-24-205-574-0001-10 9 5/7/2020 City of Muskegon Brownfield Plan Amendment Harbor West, LLC Development Project Property Address: 1010 W. Western Avenue, Muskegon, Michigan Tax Parcel No.: 61-24-205-574-0001-15 Property Address: 1060 W. Western Avenue, Muskegon, Michigan Parcel: #61-24-205-574-0001-05 Parcel 1: All that part of Block 574 and 575 of the Revised Plat (of 1903) of the City of Muskegon, lying Northerly and Easterly of the following described boundary lines: (EXCEPT the right of way of the Chesapeake and Ohio Railway Co.) Commence at an iron bolt (original) located at the Southeast corner of Block 574 of the Revised Plat of the City of Muskegon, Muskegon County, Michigan; thence North 88°43' West 270.42 feet for a place of beginning; thence North 1°40' West 345.42 feet; thence North 84°6' West 290.81 feet; thence North 47°5' West 236.7 feet; thence North 2°4' West 175.2 feet; thence South 87°55' West 866.7 feet to an iron stake; thence North 37° West 730 feet; thence North 48° West to the thread of the stream in Muskegon Lake, for the place of ending of said lines. EXCEPT FROM PARCEL 1: BIKE PATH WEST DESCRIPTION: THAT PART OF BLOCK 574 OF THE REVISED PLAT OF 1903 OF THE CITY OF MUSKEGON, DESCRIBED AS: COMMENCING AT THE SOUTHEAST CORNER OF SAID BLOCK 574; THENCE NORTH 10 5/7/2020 City of Muskegon Brownfield Plan Amendment Harbor West, LLC Development Project 88'13'54" WEST 270.33 FEET TO A POINT ON THE NORTH RIGHT- OF-WAY LINE OF WESTERN AVENUE; THENCE NORTH 83'55'00" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE 456.97 FEET; THENCE NORTH 01'31'44" WEST 470.34 FEET TO THE POINT OF BEGINNING; THENCE NORTH 46'32'44" WEST 257.11 FEET; THENCE SOUTH 88'27'16" WEST 684.39 FEET; THENCE NORTH 01'31'44" WEST 16.00 FEET; THENCE NORTH 88'27'26" EAST 691.04 FEET; THENCE SOUTH 46'32'44" EAST 247.70 FEET; THENCE SOUTH 01'31'44" EAST 22.62 FEET TO THE POINT OF BEGINNING. BIKE PATH EAST DESCRIPTION: THAT PART OF BLOCK 574 OF THE REVISED PLAT OF 1903 OF THE CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF SAID BLOCK 574; THENCE NORTH 88'13'54" WEST 270.33 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WESTERN AVENUE; THENCE NORTH 01'09'31" WEST 100.00 FEET; THENCE NORTH 46'31'44" WEST 118.61 FEET TO THE POINT OF BEGINNING; THENCE NORTH 61'45'12" WEST 60.93 FEET; THENCE NORTH 46'31'44" WEST 227.22 FEET;THENCE NORTH 46'32'44" WEST 220.80 FEET; THENCE NORTH 01'31'44" WEST 22.62 FEET; THENCE SOUTH 46'32'44" EAST 236.79 FEET; THENCE SOUTH 46'31'44" EAST 286.01 FEET TO THE POINT OF BEGINNING. Parcel 2: Part of Blocks 574 and 575, as follows: Commence at the Southeast corner of Block 574 of the Revised Plat (of 1903) of the City of Muskegon, Muskegon County, Michigan; thence North 88°43' West 270.42 feet to the North line of West Western Avenue; thence Westerly along the North line of West Western Avenue 457.28 feet; thence North 2°04' West 492.92 feet to the place of beginning; thence North 2°04' West 175.2 feet; thence South 87°55' West 175.2 feet; thence South 47°05' East 247.75 feet to the place of beginning. ALSO: Commence at the Southeast corner of Block 574 of the Revised Plat (of 1903) of the City of Muskegon, Muskegon County, Michigan; thence North 88°43' West 270.42 feet to the North line of West Western Avenue; thence North 1°40' West 100 feet for a place of beginning; thence North 1°40' West 245.42 feet; thence North 84°6' West 290.81 feet; thence Southeasterly to the place of beginning. Parcel 3: Part of Block 573 of the Revised Plat (of 1903) of the City of Muskegon, Muskegon County, Michigan, described as: Commencing at the Southwest corner of said Block 573 for the point of beginning; thence North 1°40' West along the West line of said Block, 347.0 feet; thence North 21°40' West along the Westerly line of said Block, 241.0 feet; thence North 29°28' West along the Westerly line of said Block, 187.50 feet; thence South 35°37' East 258.20 feet; thence South 09°53' East 504.80 feet to the Northerly line of West Western Avenue; thence South 59°34' West along said Northerly line, 53.0 feet to the point of beginning. Property Address: 920 W. Western Avenue, Muskegon, Michigan Tax Parcel No.: 61-24-205-574-0001-20 11 5/7/2020 City of Muskegon Brownfield Plan Amendment Harbor West, LLC Development Project ATTACHMENT Z-4 SUMMARY OF ELIGIBLE ACTIVITIES HARBOR WEST Eligible Activities Costs Department Specific Activities $234,500 - Due Care $15,500 - Phase I, II & BEA EGLE Eligible Activities Total Cost $250,000 Demolition $19,500 Site Preparation $15,000 - Mobilization & Demobilization $7,000 - Silt Fence, Inlet Silt Sacks and other Erosion Control Activities $60,000 - Dewatering $6,000 - Temporary Traffic & Construction Signage $5,000 - Staking $8,000 - Clearing and Grubbing $3,000 - Temporary Facility $17,000 - Utility Relocation $35,000 - Cut & Fill $20,000 - Land Balancing and Mass Grading $130,000 - Soil Compaction and Sub-base $30,000 - Geotechnical Engineering $250,000 - Special Foundations $15,000 - Unstable Fill Removal and Backfill $25,000 - Retaining Walls Site Preparation Sub-Total $626,000 Infrastructure Improvements $118,000 - Water mains $56,000 - Sanitary System $62,000 - Storm Sewer $8,000 - Walkways/Bike Paths $105,000 - Roadways $5,000 - Curb and Gutter $90,000 - Gas and Electric Lines $800,000 - Public Boat Launch Relocation – City 12 5/7/2020 City of Muskegon Brownfield Plan Amendment Harbor West, LLC Development Project $1,302,000 - Marina Dock Systems - City $1,400,000 - Pool and Clubhouse - City Infrastructure Improvements Sub-Total $3,946,000 Total Eligible Activities Total Cost $4,841,500 Contingency (15%) $726,225 Brownfield Plan Preparation and Development $30,000 TOTAL ELIGIBLE ACTIVITIES $5,597,725 13 5/7/2020 City of Muskegon Brownfield Plan Amendment Harbor West, LLC Development Project ATTACHMENT Z-5 TAX CAPTURE ESTIMATES HARBOR WEST 14 5/7/2020 Tax Increment Revenue Capture Estimates Harbor West Muskegon, Michigan May 7, 2020 Estimated Taxable Value (TV) Increase Rate: 1.50% Plan Year 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Calendar Year 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 Base Taxable Value $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 Estimated New TV $ 127,700 $ 150,000 $ 1,125,000 $ 2,475,000 $ 2,512,125 $ 2,549,807 $ 2,588,054 $ 2,626,875 $ 2,666,278 $ 2,706,272 $ 2,746,866 $ 2,788,069 $ 2,829,890 $ 2,872,339 $ 2,915,424 $ 2,959,155 $ 3,003,542 $ 3,048,595 Incremental Difference (New TV - Base TV) $ - $ 22,300 $ 997,300 $ 2,347,300 $ 2,384,425 $ 2,422,107 $ 2,460,354 $ 2,499,175 $ 2,538,578 $ 2,578,572 $ 2,619,166 $ 2,660,369 $ 2,702,190 $ 2,744,639 $ 2,787,724 $ 2,831,455 $ 2,875,842 $ 2,920,895 School Capture Millage Rate State Education Tax (SET) 6.0000 $ - $ 134 $ 5,984 $ 14,084 $ 14,307 $ 14,533 $ 14,762 $ 14,995 $ 15,231 $ 15,471 $ 15,715 $ 15,962 $ 16,213 $ 16,468 $ 16,726 $ 16,989 $ 17,255 $ 17,525 School Total 6.0000 $ - $ 134 $ 5,984 $ 14,084 $ 14,307 $ 14,533 $ 14,762 $ 14,995 $ 15,231 $ 15,471 $ 15,715 $ 15,962 $ 16,213 $ 16,468 $ 16,726 $ 16,989 $ 17,255 $ 17,525 Local Capture Millage Rate City Operating 10.0865 $ - $ 225 $ 10,059 $ 23,676 $ 24,051 $ 24,431 $ 24,816 $ 25,208 $ 25,605 $ 26,009 $ 26,418 $ 26,834 $ 27,256 $ 27,684 $ 28,118 $ 28,559 $ 29,007 $ 29,462 County Operating 5.6984 $ - $ 127 $ 5,683 $ 13,376 $ 13,587 $ 13,802 $ 14,020 $ 14,241 $ 14,466 $ 14,694 $ 14,925 $ 15,160 $ 15,398 $ 15,640 $ 15,886 $ 16,135 $ 16,388 $ 16,644 City Sanitation 3.0000 $ - $ 67 $ 2,992 $ 7,042 $ 7,153 $ 7,266 $ 7,381 $ 7,498 $ 7,616 $ 7,736 $ 7,857 $ 7,981 $ 8,107 $ 8,234 $ 8,363 $ 8,494 $ 8,628 $ 8,763 County Museum 0.3221 $ - $ 7 $ 321 $ 756 $ 768 $ 780 $ 792 $ 805 $ 818 $ 831 $ 844 $ 857 $ 870 $ 884 $ 898 $ 912 $ 926 $ 941 Senior Services 0.5000 $ - $ 11 $ 499 $ 1,174 $ 1,192 $ 1,211 $ 1,230 $ 1,250 $ 1,269 $ 1,289 $ 1,310 $ 1,330 $ 1,351 $ 1,372 $ 1,394 $ 1,416 $ 1,438 $ 1,460 County Veterans 0.0752 $ - $ 2 $ 75 $ 177 $ 179 $ 182 $ 185 $ 188 $ 191 $ 194 $ 197 $ 200 $ 203 $ 206 $ 210 $ 213 $ 216 $ 220 Central Dispatch 0.3000 $ - $ 7 $ 299 $ 704 $ 715 $ 727 $ 738 $ 750 $ 762 $ 774 $ 786 $ 798 $ 811 $ 823 $ 836 $ 849 $ 863 $ 876 Comm College 2.2037 $ - $ 49 $ 2,198 $ 5,173 $ 5,255 $ 5,338 $ 5,422 $ 5,507 $ 5,594 $ 5,682 $ 5,772 $ 5,863 $ 5,955 $ 6,048 $ 6,143 $ 6,240 $ 6,337 $ 6,437 MAISD 4.7580 $ - $ 106 $ 4,745 $ 11,168 $ 11,345 $ 11,524 $ 11,706 $ 11,891 $ 12,079 $ 12,269 $ 12,462 $ 12,658 $ 12,857 $ 13,059 $ 13,264 $ 13,472 $ 13,683 $ 13,898 Hackley Library 2.4000 $ - $ 54 $ 2,394 $ 5,634 $ 5,723 $ 5,813 $ 5,905 $ 5,998 $ 6,093 $ 6,189 $ 6,286 $ 6,385 $ 6,485 $ 6,587 $ 6,691 $ 6,795 $ 6,902 $ 7,010 Local Total 29.3439 $ - $ 654 $ 29,265 $ 68,879 $ 69,968 $ 71,074 $ 72,196 $ 73,336 $ 74,492 $ 75,665 $ 76,857 $ 78,066 $ 79,293 $ 80,538 $ 81,803 $ 83,086 $ 84,388 $ 85,710 Non-Capturable Millages Millage Rate Comm College Debt 0.3400 $ - $ 8 $ 339 $ 798 $ 811 $ 824 $ 837 $ 850 $ 863 $ 877 $ 891 $ 905 $ 919 $ 933 $ 948 $ 963 $ 978 $ 993 Hackley Debt 0.4522 $ - $ 10 $ 451 $ 1,061 $ 1,078 $ 1,095 $ 1,113 $ 1,130 $ 1,148 $ 1,166 $ 1,184 $ 1,203 $ 1,222 $ 1,241 $ 1,261 $ 1,280 $ 1,300 $ 1,321 MPS Debt - 1995 3.9600 $ - $ 88 $ 3,949 $ 9,295 $ 9,442 $ 9,592 $ 9,743 $ 9,897 $ 10,053 $ 10,211 $ 10,372 $ 10,535 $ 10,701 $ 10,869 $ 11,039 $ 11,213 $ 11,388 $ 11,567 MPS Debt - 2009 3.4000 $ - $ 76 $ 3,391 $ 7,981 $ 8,107 $ 8,235 $ 8,365 $ 8,497 $ 8,631 $ 8,767 $ 8,905 $ 9,045 $ 9,187 $ 9,332 $ 9,478 $ 9,627 $ 9,778 $ 9,931 School Sinking Fund 1.0000 $ - $ 22 $ 997 $ 2,347 $ 2,384 $ 2,422 $ 2,460 $ 2,499 $ 2,539 $ 2,579 $ 2,619 $ 2,660 $ 2,702 $ 2,745 $ 2,788 $ 2,831 $ 2,876 $ 2,921 Total Non-Capturable Taxes 9.1522 $ - $ 204 $ 9,127 $ 21,483 $ 21,823 $ 22,168 $ 22,518 $ 22,873 $ 23,234 $ 23,600 $ 23,971 $ 24,348 $ 24,731 $ 25,119 $ 25,514 $ 25,914 $ 26,320 $ 26,733 Total Tax Increment Revenue (TIR) Available for Capture $ - $ 788 $ 35,248 $ 82,963 $ 84,275 $ 85,607 $ 86,959 $ 88,331 $ 89,723 $ 91,137 $ 92,572 $ 94,028 $ 95,506 $ 97,006 $ 98,529 $ 100,075 $ 101,643 $ 103,236 Footnotes: Assumes Millage Rates remain unchanged TV increases assumed based on lot sales and new construction of homes Annual inflation of 1.5% assumed following construction completion April 2017 Tax Increment Revenue Capture Estimates Harbor West Muskegon, Michigan May 7, 2020 Estimated Taxable Value (TV) Increase Rate: Plan Year 19 20 21 22 23 24 25 26 27 28 29 30 31 TOTAL Calendar Year 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 Base Taxable Value $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 $ 127,700 Estimated New TV $ 3,094,324 $ 3,140,739 $ 3,187,850 $ 3,235,668 $ 3,284,203 $ 3,333,466 $ 3,383,468 $ 3,434,220 $ 3,485,733 $ 3,538,019 $ 3,591,090 $ 3,644,956 $ 3,699,630 $ 3,699,630 Incremental Difference (New TV - Base TV) $ 2,966,624 $ 3,013,039 $ 3,060,150 $ 3,107,968 $ 3,156,503 $ 3,205,766 $ 3,255,768 $ 3,306,520 $ 3,358,033 $ 3,410,319 $ 3,463,390 $ 3,517,256 $ 3,571,930 $ 3,571,930 School Capture Millage Rate State Education Tax (SET) 6.0000 $ 17,800 $ 18,078 $ 18,361 $ 18,648 $ 18,939 $ 19,235 $ 19,535 $ 19,839 $ 20,148 $ 20,462 $ 20,780 $ 21,104 $ 21,432 $ 496,714 School Total 6.0000 $ 17,800 $ 18,078 $ 18,361 $ 18,648 $ 18,939 $ 19,235 $ 19,535 $ 19,839 $ 20,148 $ 20,462 $ 20,780 $ 21,104 $ 21,432 $ 496,714 Local Capture Millage Rate City Operating 10.0865 $ 29,923 $ 30,391 $ 30,866 $ 31,349 $ 31,838 $ 32,335 $ 32,839 $ 33,351 $ 33,871 $ 34,398 $ 34,933 $ 35,477 $ 36,028 $ 835,018 County Operating 5.6984 $ 16,905 $ 17,170 $ 17,438 $ 17,710 $ 17,987 $ 18,268 $ 18,553 $ 18,842 $ 19,135 $ 19,433 $ 19,736 $ 20,043 $ 20,354 $ 471,746 City Sanitation 3.0000 $ 8,900 $ 9,039 $ 9,180 $ 9,324 $ 9,470 $ 9,617 $ 9,767 $ 9,920 $ 10,074 $ 10,231 $ 10,390 $ 10,552 $ 10,716 $ 248,357 County Museum 0.3221 $ 956 $ 970 $ 986 $ 1,001 $ 1,017 $ 1,033 $ 1,049 $ 1,065 $ 1,082 $ 1,098 $ 1,116 $ 1,133 $ 1,151 $ 26,665 Senior Services 0.5000 $ 1,483 $ 1,507 $ 1,530 $ 1,554 $ 1,578 $ 1,603 $ 1,628 $ 1,653 $ 1,679 $ 1,705 $ 1,732 $ 1,759 $ 1,786 $ 41,393 County Veterans 0.0752 $ 223 $ 227 $ 230 $ 234 $ 237 $ 241 $ 245 $ 249 $ 253 $ 256 $ 260 $ 264 $ 269 $ 6,225 Central Dispatch 0.3000 $ 890 $ 904 $ 918 $ 932 $ 947 $ 962 $ 977 $ 992 $ 1,007 $ 1,023 $ 1,039 $ 1,055 $ 1,072 $ 24,836 Comm College 2.2037 $ 6,538 $ 6,640 $ 6,744 $ 6,849 $ 6,956 $ 7,065 $ 7,175 $ 7,287 $ 7,400 $ 7,515 $ 7,632 $ 7,751 $ 7,871 $ 182,435 MAISD 4.7580 $ 14,115 $ 14,336 $ 14,560 $ 14,788 $ 15,019 $ 15,253 $ 15,491 $ 15,732 $ 15,978 $ 16,226 $ 16,479 $ 16,735 $ 16,995 $ 393,894 Hackley Library 2.4000 $ 7,120 $ 7,231 $ 7,344 $ 7,459 $ 7,576 $ 7,694 $ 7,814 $ 7,936 $ 8,059 $ 8,185 $ 8,312 $ 8,441 $ 8,573 $ 198,686 Local Total 29.3439 $ 87,052 $ 88,414 $ 89,797 $ 91,200 $ 92,624 $ 94,070 $ 95,537 $ 97,026 $ 98,538 $ 100,072 $ 101,629 $ 103,210 $ 104,814 $ 2,429,254 Non-Capturable Millages Millage Rate Comm College Debt 0.3400 $ 1,009 $ 1,024 $ 1,040 $ 1,057 $ 1,073 $ 1,090 $ 1,107 $ 1,124 $ 1,142 $ 1,160 $ 1,178 $ 1,196 $ 1,214 $ 28,147 Hackley Debt 0.4522 $ 1,342 $ 1,362 $ 1,384 $ 1,405 $ 1,427 $ 1,450 $ 1,472 $ 1,495 $ 1,519 $ 1,542 $ 1,566 $ 1,591 $ 1,615 $ 37,436 MPS Debt - 1995 3.9600 $ 11,748 $ 11,932 $ 12,118 $ 12,308 $ 12,500 $ 12,695 $ 12,893 $ 13,094 $ 13,298 $ 13,505 $ 13,715 $ 13,928 $ 14,145 $ 327,831 MPS Debt - 2009 3.4000 $ 10,087 $ 10,244 $ 10,405 $ 10,567 $ 10,732 $ 10,900 $ 11,070 $ 11,242 $ 11,417 $ 11,595 $ 11,776 $ 11,959 $ 12,145 $ 281,471 School Sinking Fund 1.0000 $ 2,967 $ 3,013 $ 3,060 $ 3,108 $ 3,157 $ 3,206 $ 3,256 $ 3,307 $ 3,358 $ 3,410 $ 3,463 $ 3,517 $ 3,572 $ 82,786 Total Non-Capturable Taxes 9.1522 $ 27,151 $ 27,576 $ 28,007 $ 28,445 $ 28,889 $ 29,340 $ 29,797 $ 30,262 $ 30,733 $ 31,212 $ 31,698 $ 32,191 $ 32,691 $ 757,671 Total Tax Increment Revenue (TIR) Available for Capture $ 104,852 $ 106,493 $ 108,158 $ 109,848 $ 111,563 $ 113,304 $ 115,072 $ 116,865 $ 118,686 $ 120,534 $ 122,410 $ 124,314 $ 126,246 $ 2,925,968 Footnotes: Assumes Millage Rates remain unchanged TV increases assumed based on lot sales and new construction of homes Annual inflation of 1.5% assumed following construction completion April 2017 Tax Increment Financing Reimbursement Table Harbor West Muskegon, Michigan May 7, 2020 Developer Maximum School & Local Local-Only Reimbursement Proportionality Taxes Taxes Total Estimated Capture State 13.8% $ 2,454 $ - $ 2,454 Estimated Total Administrative Fees Local 86.2% $ 15,371 $ 2,123,229 $ 2,138,600 Years of Plan: 31 State Revolving Fund TOTAL $ 17,825 $ 2,123,229 $ 2,141,054 LBRF EGLE $ 17,825 $ - $ 17,825 MSF $ - $ - $ - 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total State Incremental Revenue $ - $ 134 $ 5,984 $ 14,084 $ - $ - $ - $ - $ - $ - $ - $ - State Brownfield Revolving Fund (50% of SET) $ - $ (67) $ (2,992) $ (7,042) $ - $ - $ - $ - $ - $ - $ - $ - State TIR Available for Reimbursement $ - $ 67 $ 2,992 $ 7,042 $ - $ - $ - $ - $ - $ - $ - $ - Total Local Incremental Revenue $ - $ 654 $ 29,265 $ 68,879 $ 69,968 $ 71,074 $ 72,196 $ 73,336 $ 74,492 $ 75,665 $ 76,857 $ 78,066 BRA Administrative Fee $ - $ (654) $ (10,000) $ (10,000) $ (10,000) $ (10,000) $ (10,000) $ (10,000) $ (10,000) $ (10,000) $ (10,000) $ (10,000) Local TIR Available for Reimbursement $ - $ - $ 19,265 $ 58,879 $ 59,968 $ 61,074 $ 62,196 $ 63,336 $ 64,492 $ 65,665 $ 66,857 $ 68,066 Total State & Local TIR Available $ - $ 67 $ 22,257 $ 65,921 $ 59,968 $ 61,074 $ 62,196 $ 63,336 $ 64,492 $ 65,665 $ 66,857 $ 68,066 Beginning DEVELOPER Balance DEVELOPER Reimbursement Balance $ 5,597,725 $ 5,597,725 $ 5,597,658 $ 5,576,006 $ 5,517,127 $ 5,457,159 $ 5,396,085 $ 5,333,889 $ 5,270,553 $ 5,206,061 $ 5,140,396 $ 5,073,539 $ 5,005,474 Non-Environmental Costs $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - State Tax Reimbursement $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Local Tax Reimbursement $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Reimbursement Balance $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Environmental Costs $ 17,825 $ 17,825 $ 17,825 $ 17,758 $ - $ - $ - $ - $ - $ - $ - $ - $ - State Tax Reimbursement $ - $ 67 $ 2,387 $ - $ - $ - $ - $ - $ - $ - $ - $ - Local Tax Reimbursement $ - $ - $ 15,371 $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Reimbursement Balance $ 17,825 $ 17,758 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Local Only Costs $ 5,579,900 $ 5,579,900 $ 5,579,900 $ 5,579,900 $ 5,576,006 $ 5,517,127 $ 5,457,159 $ 5,396,085 $ 5,333,889 $ 5,270,553 $ 5,206,061 $ 5,140,396 $ 5,073,539 Local Tax Reimbursement $ - $ - $ 3,894 $ 58,879 $ 59,968 $ 61,074 $ 62,196 $ 63,336 $ 64,492 $ 65,665 $ 66,857 $ 68,066 Total Local Only Reimbursement Balance $ 5,579,900 $ 5,579,900 $ 5,576,006 $ 5,517,127 $ 5,457,159 $ 5,396,085 $ 5,333,889 $ 5,270,553 $ 5,206,061 $ 5,140,396 $ 5,073,539 $ 5,005,474 Total Annual Developer Reimbursement $ - $ 67 $ 21,652 $ 58,879 $ 59,968 $ 61,074 $ 62,196 $ 63,336 $ 64,492 $ 65,665 $ 66,857 $ 68,066 LOCAL BROWNFIELD REVOLVING FUND LBRF Deposits * $ - $ - $ 605 $ 1,849 $ - $ - $ - $ - $ - $ - $ - $ - State Tax Capture $ - $ - $ - $ 605 $ 1,849 $ - $ - $ - $ - $ - $ - $ - $ - Local Tax Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total LBRF Capture * Up to five years of capture for LBRF deposits after eligible activities are reimbursed. May be taken from EGLE & Local TIR only. Footnotes: (1) Assumes taxable value increases based on proposed build out, plus 1.5% annual increases for inflation thereafter. (2) Assumes Millage Rates remain constant. April 2017 Tax Increment Financing Reimbursement Table Harbor West Muskegon, Michigan May 7, 2020 $ 2,449,456 $ 290,654 $ 10,101 $ 2,454 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 Total State Incremental Revenue $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - State Brownfield Revolving Fund (50% of SET) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - State TIR Available for Reimbursement $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Local Incremental Revenue $ 79,293 $ 80,538 $ 81,803 $ 83,086 $ 84,388 $ 85,710 $ 87,052 $ 88,414 $ 89,797 $ 91,200 $ 92,624 $ 94,070 $ 95,537 $ 97,026 BRA Administrative Fee $ (10,000) $ (10,000) $ (10,000) $ (10,000) $ (10,000) $ (10,000) $ (10,000) $ (10,000) $ (10,000) $ (10,000) $ (10,000) $ (10,000) $ (10,000) $ (10,000) Local TIR Available for Reimbursement $ 69,293 $ 70,538 $ 71,803 $ 73,086 $ 74,388 $ 75,710 $ 77,052 $ 78,414 $ 79,797 $ 81,200 $ 82,624 $ 84,070 $ 85,537 $ 87,026 Total State & Local TIR Available $ 69,293 $ 70,538 $ 71,803 $ 73,086 $ 74,388 $ 75,710 $ 77,052 $ 78,414 $ 79,797 $ 81,200 $ 82,624 $ 84,070 $ 85,537 $ 87,026 DEVELOPER DEVELOPER Reimbursement Balance $ 4,936,181 $ 4,865,643 $ 4,793,840 $ 4,720,754 $ 4,646,365 $ 4,570,655 $ 4,493,603 $ 4,415,188 $ 4,335,392 $ 4,254,192 $ 4,171,568 $ 4,087,498 $ 4,001,961 $ 3,914,935 Non-Environmental Costs $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - State Tax Reimbursement $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Local Tax Reimbursement $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Reimbursement Balance $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Environmental Costs $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - State Tax Reimbursement $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Local Tax Reimbursement $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Reimbursement Balance $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Local Only Costs $ 5,005,474 $ 4,936,181 $ 4,865,643 $ 4,793,840 $ 4,720,754 $ 4,646,365 $ 4,570,655 $ 4,493,603 $ 4,415,188 $ 4,335,392 $ 4,254,192 $ 4,171,568 $ 4,087,498 $ 4,001,961 Local Tax Reimbursement $ 69,293 $ 70,538 $ 71,803 $ 73,086 $ 74,388 $ 75,710 $ 77,052 $ 78,414 $ 79,797 $ 81,200 $ 82,624 $ 84,070 $ 85,537 $ 87,026 Total Local Only Reimbursement Balance $ 4,936,181 $ 4,865,643 $ 4,793,840 $ 4,720,754 $ 4,646,365 $ 4,570,655 $ 4,493,603 $ 4,415,188 $ 4,335,392 $ 4,254,192 $ 4,171,568 $ 4,087,498 $ 4,001,961 $ 3,914,935 Total Annual Developer Reimbursement $ 69,293 $ 70,538 $ 71,803 $ 73,086 $ 74,388 $ 75,710 $ 77,052 $ 78,414 $ 79,797 $ 81,200 $ 82,624 $ 84,070 $ 85,537 $ 87,026 LOCAL BROWNFIELD REVOLVING FUND LBRF Deposits * $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - State Tax Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Local Tax Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total LBRF Capture * Up to five years of capture for LBRF deposits after eligible activities are reimbursed. May be taken from EGLE & Local TIR only. Footnotes: (1) Assumes taxable value increases based on proposed build out, plus 1.5% annual increases for inflation thereafter. (2) Assumes Millage Rates remain constant. April 2017 Tax Increment Financing Reimbursement Table Harbor West Muskegon, Michigan May 7, 2020 2046 2047 2048 2049 2050 TOTAL Total State Incremental Revenue $ - $ - $ - $ - $ - $ 20,201 State Brownfield Revolving Fund (50% of SET) $ - $ - $ - $ - $ - $ (10,101) State TIR Available for Reimbursement $ - $ - $ - $ - $ - $ 10,101 Total Local Incremental Revenue $ 98,538 $ 100,072 $ 101,629 $ 103,210 $ 104,814 $ 2,429,254 BRA Administrative Fee $ (10,000) $ (10,000) $ (10,000) $ (10,000) $ (10,000) $ (290,654) Local TIR Available for Reimbursement $ 88,538 $ 90,072 $ 91,629 $ 93,210 $ 94,814 $ 2,138,600 Total State & Local TIR Available $ 88,538 $ 90,072 $ 91,629 $ 93,210 $ 94,814 $ 2,148,700 DEVELOPER DEVELOPER Reimbursement Balance $ 3,826,397 $ 3,736,325 $ 3,644,696 $ 3,551,486 $ 3,456,671 $ 3,456,671 Non-Environmental Costs $ - $ - $ - $ - $ - State Tax Reimbursement $ - $ - $ - $ - $ - $ - Local Tax Reimbursement $ - $ - $ - $ - $ - $ - Total Reimbursement Balance $ - $ - $ - $ - $ - Environmental Costs $ - $ - $ - $ - $ - State Tax Reimbursement $ - $ - $ - $ - $ - $ 2,454 Local Tax Reimbursement $ - $ - $ - $ - $ - $ 15,371 Total Reimbursement Balance $ - $ - $ - $ - $ - Local Only Costs $ 3,914,935 $ 3,826,397 $ 3,736,325 $ 3,644,696 $ 3,551,486 Local Tax Reimbursement $ 88,538 $ 90,072 $ 91,629 $ 93,210 $ 94,814 $ 2,123,229 Total Local Only Reimbursement Balance $ 3,826,397 $ 3,736,325 $ 3,644,696 $ 3,551,486 $ 3,456,671 Total Annual Developer Reimbursement $ 88,538 $ 90,072 $ 91,629 $ 93,210 $ 94,814 $ 2,141,054 LOCAL BROWNFIELD REVOLVING FUND LBRF Deposits * $ - $ - $ - $ - $ - $ 2,454 State Tax Capture $ - $ - $ - $ - $ - $ 2,454 Local Tax Capture $ - $ - $ - $ - $ - $ - Total LBRF Capture * Up to five years of capture for LBRF deposits after eligible activities are reimbursed. May be taken from EGLE & Local TIR only. Footnotes: (1) Assumes taxable value increases based on proposed build out, plus 1.5% annual increases for inflation thereafter. (2) Assumes Millage Rates remain constant. April 2017 City of Muskegon Brownfield Plan Amendment Harbor West, LLC Development Project ATTACHMENT Z-6 FACILITY CONFIRMATION 15 5/7/2020 BASELINE ENVIRONMENTAL ASSESSMENT CONDUCTED PURSUANT TO SECTION 20126(1)(C) OF 1994 PA 451, PART 201, AMENDED, AND THE RULES PROMULGATED THEREUNDER FOR VACANT PROPERTY 1000 W. WESTERN AVENUE MUSKEGON, MICHIGAN 49441 OCTOBER 31, 2018 Prepared for: Harbor West, LLC 108 South University Ave Suite 6 Mt. Pleasant, Michigan 48858 Prepared by: ENVIROLOGIC TECHNOLOGIES, INC. 2960 Interstate Parkway Kalamazoo, Michigan 49048 (269) 342-1100 TABLE OF CONTENTS 1. INTRODUCTION AND DISCUSSION...................................................................................... 1 A. OWNER/OPERATOR INFORMATION................................................................................................ 1 B. INTENDED USE OF PROPERTY ....................................................................................................... 1 C. PHASE I ESA SUMMARY RECOGNIZED ENVIRONMENTAL CONDITIONS ............................................... 1 D. EXCEPTIONS/DELETIONS FROM ASTM 1527-05............................................................................. 1 E. PHASE I ESA DATA GAPS DISCUSSION ............................................................................................ 1 F. SAMPLING DISCUSSION PURPOSE/METHODS ............................................................................... 2 G. KNOWN CONTAMINATION LOCATIONS AND ENVIRONMENTAL MEDIA ................................................ 2 H. ACILITY DEMONSTRATION ....................................................................................................... 3 2. PROPERTY INFORMATION .................................................................................................. 4 A. PROPERTY LEGAL DESCRIPTION ..................................................................................................... 4 B. & C. SURVEY MAP, PROPERTY TAX IDENTIFICATION NUMBER(S) .......................................................... 4 D. LOCATION MAP ......................................................................................................................... 6 E. PROPERTY LOCATION .................................................................................................................. 8 F. SPATIAL DATA ............................................................................................................................ 8 3. FACILITY STATUS ................................................................................................................ 9 A. ANALYTICAL TABLE ..................................................................................................................... 9 B. L ABORATORY ANALYTICAL DATA SHEETS AND CHAIN OF CUSTODY ........................................................ 9 4. IDENTIFICATION OF THE AUTHOR OF THE BEA .................................................................. 10 5. ASTM 1527-13 PHASE I ENVIRONMENTAL SITE ASSESSMENT ............................................ 11 6. REFERENCES .................................................................................................................... 12 FIGURES FIGURE 1: !"#$%!&'(#) ...................................................................................................................... 7 FIGURE 2: *%$+',-#&'.%$/'0-1$%"#-'2#$#............................................................................................. 5 TABLES TABLE 1: *)#$%#-'2#$# .......................................................................................................................... 8 TABLE 2: ................................................................................... 9 ' APPENDICES APPENDIX A: ,/#3+'44'5&6%7!&8+&$#-'*%$+'033+338+&$'95&6%7!-!:%";';'?@A>B i 1. INTRODUCTION AND DISCUSSION A. Owner/Operator Information Current Owner: Harbor West LLC B. Intended Use of Property Harbor West LLC purchased the property on October 30, 2018, and intends to develop the subject property with multiple condominiums. The subject property location map and site plan are included in Figures 1 and 2, respectively. C. Phase I ESA Summary Recognized Environmental Conditions Recognized environmental conditions (RECs) were identified in the June 22, 2018, Phase I Environmental Site Assessment (ESA) report conducted by Envirologic. These RECs include the following: Previous environmental studies have demonstrated the presence of contaminants at and surrounding area. The former Shaw-Walker/Lakeview Industrial Center property located across W. Western Avenue to the south represents a vapor encroachment threat based on the former detections of both chlorinated and petroleum-related contaminants in soil and groundwater. D. Exceptions/Deletions from ASTM 1527-05 No exceptions to or deletions from the ASTM 1527-13 Phase I ESA standard have been identified in the June 22, 2018, Phase I ESA. E. Phase I ESA Data Gaps Discussion A data gap is the inability to obtain information within the scope of the Phase I ESA. No data gaps were encountered for the Phase I ESA. A data failure is the absence of information typically used to complete a Phase I ESA. No data failures were encountered for the Phase I ESA. 1 F. Sampling Discussion Purpose/Methods On October 24 25, 2017, Envirologic initiated and completed field activities at the subject property in order to characterize soil and groundwater conditions. These activities included the installation of nine soil borings located at various locations across the subject property based on a proposed preliminary site plan layout. The boring locations were selected based on the locations of various features shown in the preliminary site plan, such as residencies (GP-1 through GP-7), a playground (GP-9), and a swimming pool (GP-8). Activities also included the collection of shallow soil samples (6 inches below the ground surface) in order to characterize soils for direct contact exposures. Deeper soil samples (approximately 2 6 feet below the ground surface) were collected to better characterize the historically contaminated fill-type soils at the subject property and in the surrounding Muskegon Lake area. Because of previous environmental investigations that identified the presence of trichloroethene and vinyl chloride in groundwater, groundwater samples were collected from temporary monitoring wells that were installed in each of the soil borings. All the soil samples were submitted for analysis of select metals and polynuclear aromatic hydrocarbons (PNAs, method 8270), and all of the groundwater samples were submitted for volatile organic compound (VOC) analysis (method 8260). Soil samples were not analyzed for VOCs since there was no evidence of VOC impact such as significant photoionization detector (PID) readings, staining, odors, etc. in soil. A review of the soil analytical results indicates that the detection of PNAs was limited to one boring location, GP-1, located in the northwest corner of the subject property. The reported concentrations of the 10 PNA constituents detected do not exceed any current MDEQ Residential or Non-Residential cleanup criterion. Select metals were detected in each of the soil samples collected. Of those metals detected, total mercury, copper, arsenic, selenium, and silver were detected in concentrations exceeding the groundwater surface water interface protection criteria; the concentration of arsenic also exceeded the residential drinking water and direct contact criterion. The Phase II ESA laboratory analytical results demonstrate that the subject property meets the , 201 of NREPA. G. Known Contamination Locations and Environmental Media Soil contaminants detected on the subject property exceeding cleanup criteria were found site- wide at all nine soil boring locations and included arsenic, copper, selenium, silver, and mercury. Selenium concentrations exceed cleanup criteria in every boring except GP-6, located in the 2 eastern portion of the property beneath proposed residencies. Silver concentrations exceed cleanup criteria in every boring except GP-9, located in the central portion of the property at a proposed playground area. Both arsenic and copper concentrations exceed cleanup criteria in two boring locations: GP-2, located beneath proposed residencies in the northwest portion of the property, and GP-5, located beneath proposed residences in the eastern portion of the property. The only detection of mercury on the property was also an exceedance. The mercury exceedance was detected at GP-7, located near the eastern property boundary, beneath proposed residencies. The known contamination on the property is consistent with the findings of the 2008 *C88#71' D+)!7$'07+#EF%G+'033+338+&$'!H'I%3$!7%"'J%--'!H'(C3K+:!&' #K+'*/!7+-%&+;'(C3K+:!&;'(%"/%:#&' prepared by Environmental Resources Management and Superior Environmental Corp. This previous study identified the presence of contaminated historic fill soils along the Muskegon Lake Shoreline and included samples collected from the subject property. The presence of arsenic, copper, selenium, silver, and mercury detected in soil at concentrations that exceed current Part 201 generic residential cleanup criteria and screening levels demonstrates that the subject property has been of the NREPA. Refer to Figure 2 for a site plan detailing the sample locations and concentrations of contaminants identified in association with the subject property. H. in soil on the subject property at concentrations in excess of MDEQ Residential cleanup criteria. The contaminants identified include: Mercury Selenium Copper Silver Arsenic 3 2. PROPERTY INFORMATION A. Property Legal Description The subject property consists of two parcels. Parcel 1 (tax identification number 61-24-205-574- 0001-10) will be purchased whole, and a portion of Parcel 2 (tax identification number 61-24-205- 574-0001-20) will be purchased. A legal description for the property being transferred and a Property Identification Number have not yet been created. B. & C. Survey Map, Property Tax Identification Number(s) A scaled site map showing the subject property and sampling locations is presented as Figure 2. 4 D. Location Map 6 E. Property Location The subject property is located at 1000 W. Western Avenue in the City of Muskegon. F. Spatial Data Table 1: Spatial Data City/Village/ Quarter- County Town Range Section Quarter Latitude Longitude Township Quarter City of Muskegon 10 N 17 W 25 SE SE 43.229411 -86.266330 Muskegon Latitude and Longitude information was obtained from interpolation of aerial photography. 8 3. FACILITY STATUS A. Analytical Table Table 2: Sample Maximum Hazardous Substance CAS Number Location Media Affected Concentration and Depth Arsenic 7440382 8,300 µg/kg GP-5 @ 6 Soil Copper 7440508 110,000 µg/kg GP- Soil Mercury (total) Varies 170 µg/kg GP- Soil Selenium 7782492 880 µg/kg GP- Soil Silver 7440224 980 µg/kg GP- Soil B. Laboratory Analytical Data Sheets and Chain of Custody The laboratory analytical data sheets are included in the November 7, 2017, Phase II ESA completed by Envirologic, which is included in Appendix A of this Baseline Environmental Assessment (BEA). 9 4. IDENTIFICATION OF THE AUTHOR OF THE BEA The following individuals have conducted this Baseline Environmental Assessment. F+'G+"-#7+'$/#$;'$!'$/+'=+3$'!H'!C7')7!H+33%!-'K&!.-+G:+'#&G'=+-%+H;'.+'8++$'$/+'G+H%&%$%!&'!H' 5&6%7!&8+&$#-',7!H+33%!-'#3'G+H%&+G'%&'LMA?NA@'!H'$/%3')#7$N''F+'/#6+'$/+'3)+"%H%"'OC#-%H%"#$%!&3' =#3+G'!&'+GC"#$%!&;'$7#%&%&:;'#&G'+P)+7%+&"+'$!'#33+33'#')7!)+7$1'!H'$/+'$C7+;'/%3$!71'#&G' 3+$$%&:'!H'$/+'3C=Q+"$')7!)+7$1N''F+'/#6+'G+6+-!)+G'#&G')+7H!78+G'#--'#))7!)7%#$+'%&OC%7%+3'%&' "!&H!78#&"+'.%$/'$/+'3$#&G#7G3'#&G')7#"$%"+3'3+$'H!7$/'%&'R@'SJD'MA?N' ' David A. Stegink Associate Vice President Senior Environmental Scientist David A. Stegink graduated from Hope College with a Bachelor of Science degree in Chemistry/Biology and has over 30 years of environmental related experience. Mr. Stegink has been a Project Manager for Envirologic since 1991. Between 1984 and 1991, Mr. Stegink served as a Chemist and Operations Manager for a commercial hazardous waste treatment facility. Mr. Phase I and II ESAs, Baseline Environmental Assessments, Brownfield Redevelopment, hazardous waste management, underground storage tanks, stormwater management, and environmental policy and regulations. Zach Curry Project Scientist Zach Curry worked under the supervision of Mr. Stegink Applied Arts and Science from Muskegon Community College and a Bachelor of Geology from Grand Valley State University. He has conducted original research and field studies in a variety of settings from glaciated Precambrian bedrock in Minnesota to sedimentary beds in Kentucky. Mr. Curry is proficient with ArcGIS software to map and analyze geologic features. Envirologic Technologies, Inc. 2960 Interstate Parkway Kalamazoo, Michigan 49048 (269) 342-1100 10 RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT Harbor West LLC 1000-1060 West Western Ave (Hartshorn Village) City of Muskegon County of Muskegon, Michigan Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of Muskegon, Michigan (the “City”), virtually on the City of Muskegon’s Facebook Page on the 9th day of June, 2020 at 5:30 p.m., prevailing Eastern Time. PRESENT: ABSENT: The following preamble and resolution were offered by Commissioner ___________________ and supported by Commissioner __________________. WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996, as amended (“Act 381”), the City of Muskegon Brownfield Redevelopment Authority (the “Authority”) has prepared and approved a Brownfield Plan Amendment to add Harbor West LLC, 1000, 1010 and 1060 West Western Avenue; and WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to the City Commission requesting its approval of the Brownfield Plan Amendment; and WHEREAS, the City Commission has provided notice and a reasonable opportunity to the taxing jurisdictions levying taxes subject to capture to express their views and recommendations regarding the Brownfield Plan Amendment, as required by Act 381; and WHEREAS, not less than 10 days has passed since the City Commission provided notice of the proposed Brownfield Plan to the taxing units; and WHEREAS, the City Commission held a public hearing on the proposed Brownfield Plan on June 9, 2020. NOW, THEREFORE, BE IT RESOLVED THAT: 1. That the Brownfield Plan constitutes a public purpose under Act 381. 2. That the Brownfield Plan meets all the requirements of Section 13(1) of Act 381. 3. That the proposed method of financing the costs of the eligible activities, as identified in the Brownfield Plan and defined in Act 381, is feasible and the Authority has the authority to arrange the financing. 4. That the costs of the eligible activities proposed in the Brownfield Plan are reasonable and necessary to carry out the purposes of Act 381. 5. That the amount of captured taxable value estimated to result from the adoption of the Brownfield Plan is reasonable. 6. That the Brownfield Plan in the form presented is approved and is effective immediately. 7. That all resolutions or parts of resolutions in conflict herewith shall be and the same are hereby rescinded. Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute all documents necessary or appropriate to implement the provisions of the Brownfield Plan. AYES: NAYS: RESOLUTION DECLARED APPROVED. Ann Marie Meisch, City Clerk Stephen J Gawron, Mayor I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular virtual meeting held on June 9, 2020 and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as amended, and altered under Michigan Governor’s Executive Order 2020-75 (COVID-19) and that the minutes of said meeting were kept and will be or have been made available as required by said Act. Ann Marie Meisch, City Clerk Agenda Item Review Form Muskegon City Commission Commission Meeting Date: June 9, 2020 Title: Transmittal of 2020-21 Proposed Budget Submitted By: Frank Peterson, City Manager Department: City Manager Brief Summary: At this time staff is transmitting to the City Commission the proposed budget for fiscal year 2020-21 which starts July 1, 2020. Both hardcopy and electronic versions of the budget have been distributed to Commissioners. Additionally, the budget is available for inspection on the City’s website and at the City Clerk’s office. The proposed budget was reviewed in detail with staff at the June 8, 2020 work session. A public hearing on the budget will be held at the regular Commission meeting on June 9, 2020. City ordinance requires that the budget be adopted by the Commission on or before the second Commission meeting in June. https://www.muskegon- mi.gov/cresources/Commission%20Approval%20Budget%202021%20(june4).pdf Detailed Summary: N/A Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: Approval of the proposed budget for fiscal year 2020-21. For City Clerk Use Only: Commission Action: CITY OF MUSKEGON RESOLUTION OF APPROPRIATION 2020-21 BUDGET WHEREAS, the City Manager has submitted a proposed Budget for 2020-21 in accordance with City Ordinance and Michigan Public Act 621 of 1978 known as the "Uniform Budgeting and Accounting Act"; and, WHEREAS, the 2020-21 proposed Budget has been reviewed by the City Commission following a public hearing for which due notice was given; NOW, THEREFORE, BE IT RESOLVED that the Budget for the City of Muskegon for the fiscal year beginning July 1, 2020 is hereby determined and adopted as follows: GENERAL FUND FUND ACTIVITY NUMBER FUND/ACTIVITY NAME AMOUNT 101-10101 City Commission $85,642.00 101-10102 City Promotions & Public Relations $58,000.00 101-10145 City Attorney $380,000.00 101-10172 City Manager $442,010.00 101-10875 Support to Outside Agencies $425,363.00 101-10891 Contingency and Bad Debt Expense $100,000.00 101-20215 City Clerk & Elections $622,802.00 101-20220 Employee Relations $224,437.00 101-30202 Finance Administration $640,541.00 101-30205 Income Tax Administration $400,220.00 101-30209 Assessing Services $349,000.00 101-30248 Information Systems Administration $530,926.00 101-30253 City Treasurer $625,823.00 101-30851 Insurance Premiums $360,000.00 101-30906 Debt Retirement $445,100.00 101-30999 Transfers to Other Funds $740,000.00 101-40301 Police $10,766,690.00 101-50336 Fire $3,285,760.00 101-50338 Central Fire Station $75,000.00 101-50387 Building Code Inspections and Enforcement $2,349,360.00 101-60265 City Hall Maintenance $295,402.00 101-60446 Community Event Support/Downtown BID $91,539.00 101-60448 Streetlighting $350,000.00 101-60523 Sanitation $2,267,799.00 101-60550 Stormwater Management $14,000.00 101-70276 Cemeteries Maintenance $498,897.00 101-70751 Parks Maintenance $1,832,600.00 101-70757 McGraft Park Maintenance $122,975.00 101-80400 Planning, Zoning and Economic Development $441,257.00 101-90000 Major Capital Improvements $50,000.00 Grand Total General Fund Appropriations $28,871,143.00 OTHER BUDGETED FUNDS FUND ACTIVITY NUMBER FUND/ACTIVITY NAME AMOUNT 202,204 Major Streets and State Trunklines 5,328,443 203 Local Streets 1,819,723 264 Criminal Forfeitures 28,314 BE IT FURTHER RESOLVED that the revenues and other financing sources (including use of prior year balances) for Fiscal Year 2019-20 are estimated as follows: GENERAL FUND FUND/ACTIVITY NAME AMOUNT Taxes $ 15,477,115 Licenses and Permits 2,629,500 Federal Grants 40,000 State Grants 776,000 State Shared Revenue 4,130,818 Charges for Sales & Services 4,027,455 Interest & Operating Transfers 428,500 Fines & Fees 643,647 Other Revenue 825,000 Total General Fund Revenue Appropriations $28,977,855 OTHER BUDGETED FUNDS FUND ACTIVITY NUMBER FUND/ACTIVITY NAME AMOUNT 202,204 Major Streets and State Trunklines 6,310,774 203 Local Streets 1,654,958 264 Criminal Forfeitures 0 BE IT FURTHER RESOLVED that the operating expense projections for the following non-budget funds are hereby approved: FUND ACTIVITY NUMBER FUND/ACTIVITY NAME AMOUNT 305 TIFA Debt Service $50,000 394 Downtown Development Authority Debt 599,373 290 Local Finance Development Authority Debt 445,100 295 Brownfield Redevelopment Authority (Betten) 30,813 296 Brownfield Redevelopment Authority (Former Mall) 175,000 298 Brownfield Redevelopment Authority (Terrace Point) 225,000 252 Farmers Market & Kitchen 242 201,703 254 L C Walker Arena 1,561,843 404 Public Improvement Fund 2,427,324 482 State Grants Fund 0 590 Sewer 17,632,272 591 Water 15,362,682 594 Marina/Launch Ramp 342,258 661 Equipment 3,065,294 642 Public Service Building 1,101,205 643 Engineering Services Fund 491,866 677 General Insurance Fund 4,877,448 BE IT FURTHER RESOLVED, that there is hereby appropriated for said fiscal year the several amounts set forth above which, pursuant to the "Uniform Budget and Accounting Act", define the City of Muskegon's appropriation centers, and BE IT FURTHER RESOLVED, that the City Manager is hereby empowered to transfer appropriations within appropriation centers, and BE IT FURTHER RESOLVED, that there is hereby levied a general tax as herein fixed on each dollar of taxable valuation for the purposes herein outlined, said levy to be applied on all taxable real and personal property in the City of Muskegon as set forth in the assessment roll dated May 2018: PURPOSE MILLAGE (MILLS) General Operating 9.9920 Sanitation Service 2.9976 Promotion .0824 Total 13.0720 At a meeting of the City Commission of the City of Muskegon, on the Twenty-fifth Day of June 2019, the foregoing resolution was moved for adoption by Commissioner German. Commissioner Rinsema-Sybenga supported the motion. Resolution declared adopted. _________________________________ __________________________________ Mayor City Clerk
Sign up for City of Muskegon Emails