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CITY OF MUSKEGON
CITY COMMISSION MEETING
October 22, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
☐ CALL TO ORDER:
☐ PRAYER:
☐ PLEDGE OF ALLEGIANCE:
☐ ROLL CALL:
☐ HONORS, AWARDS, AND PRESENTATIONS:
A. Introduction of New Staff to Community and Neighborhood Services-
Lakshmee Persaud Community & Neighborhood Services
☐ PUBLIC COMMENT ON AGENDA ITEMS:
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Land Bank - Trade Parcels Planning
C. General Fund Transfers for FY 2023-24 Finance
D. GameTime Playground Grant - Smith-Ryerson Park DPW- Parks
E. Parks Restroom Improvements DPW- Parks
F. Reese Pavilion Construction DPW- Parks
G. Resolution to urge the United States Department of the Interior to approve
the petition of the Grand River Bands of Ottawa Indians for Federal
Acknowledgment. Manager's Office
H. Vacation of the remaining portion of the alley between 2nd St and 3rd St,
south of Webster Ave and north of Muskegon Ave. Planning
I. Equipment Replacement - Plow Trucks Public Works
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J. Creation of a short-term rental ordinance SECOND READING Planning
K. Amendment to the zoning ordinance - definition of short-term
rental SECOND READING Planning
L. Additional construction engineering services for Adelaide Pointe Public
Works
M. Climate Action Plan contract Manager's Office
N. Request to amend the planned unit development (PUD) at Harbour
Towne to allow for the construction of 28 new condo units. Planning
O. Amendment to the Real Estate Purchase and Sale Agreement for 2675
Olthoff Drive Economic Development
P. Second Amendment to Employment Agreement Manager's Office
☐ PUBLIC HEARINGS:
A. Expansion and Removal of Neighborhood Enterprise Zone Districts
Economic Development
B. Public Hearing, Brownfield Plan Amendment- Muskegon Midtown Center
LLC, 1095 3rd St. Economic Development
C. Public Hearing, Brownfield Plan Amendment- 349 West Webster, LLC, 349
W. Webster Economic Development
☐ UNFINISHED BUSINESS:
☐ NEW BUSINESS:
A. Conflict of Interest Disclosure Community & Neighborhood Services
☐ ANY OTHER BUSINESS:
☐ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► 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.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
☐ CLOSED SESSION:
☐ ADJOURNMENT:
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF
MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
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To give comment on a live-streamed meeting the city will provide a call-in telephone
number to the public to be able to call and give comment. For a public meeting that is
not live-streamed, and which a citizen would like to watch and give comment, they
must contact the City Clerk’s Office with at least a two-business day notice. The
participant will then receive a zoom link which will allow them to watch live and give
comment. Contact information is below. For more details, please visit:
www.shorelinecity.com
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such
as signers for the hearing impaired and audio tapes of printed materials being
considered at the meeting, to individuals with disabilities who want to attend the
meeting with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with
disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or by calling the following:
Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705.
clerk@shorelinecity.com
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: Introduction of New Staff to Community and
Neighborhood Services- Lakshmee Persaud
Submitted by: Sharonda Carson, CNS Director Department: Community & Neighborhood
Services
Brief Summary:
Welcoming Lakshmee Persaud to the City of Muskegon as our New Community Development
Specialist for the Community and Neighborhood Services Department.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To approve minutes of the October 7, 2024, Commission Worksession Meeting and the October 8,
2024, City Commission Meeting.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Approval of the minutes.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
October 7, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
CALL TO ORDER
Present: Mayor Ken Johnson ,Vice Mayor Rebecca St.Clair (arrived at 5:37
p.m.), Commissioners Katrina Kochin, Willie German, Jr., Jay Kilgo, and Rachel
Gorman, City Manager Jonathan Seyferth, and City Clerk Ann Marie Meisch
Absent: Commissioner Destinee Keener
2024-82 NEW BUSINESS
A. Apple Avenue Design Update Public Works
Dan VanderHeide, DPW Director, and Mark Frederickson, with MDOT, presented
an update on the Apple Avenue design, including potential lane reductions
and non-motorized facilities.
B. FY 2023 CAPER Community & Neighborhood Services
Community and Neighborhood Services CAPER Presentation for FY 2023 was
given by Sharonda Carson, Community and Neighborhood Services Director.
C. Opioid Settlement Funding & Management Agreement Manager's
OfficeS
Pete Wills, Government Relations Director and Strategic Operations Director,
and Candy Gibson, with Freshcoast Alliance, explained the request to enter into
a Funding and Management Agreement with the County of Muskegon to
allocate the City’s Opioid Settlement Funds to help fund the County’s existing
opioid grant program.
PUBLIC COMMENT
Public comments received.
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ADJOURNMENT
The Commission Worksession meeting adjourned at 7:40 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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CITY OF MUSKEGON
CITY COMMISSION MEETING
October 8, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, October 8, 2024.
Pastor Jeremy Lenertz, from First Wesleyan Church, opened the meeting with
prayer, after which the Commission and public recited the Pledge of Allegiance
to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Rebecca St.Clair, Commissioners Jay
Kilgo, Destinee Keener, Willie German, Jr., Rachel Gorman, and Katrina Kochin,
City Manager Jonathan Seyferth, City Attorney John Schrier, and City Clerk Ann
Marie Meisch
PUBLIC COMMENT ON AGENDA ITEMS
Public comments received.
2024-83 CONSENT AGENDA
A. Approval of Minutes City Clerk
To approve minutes of the September 24, 2024, City Commission Meeting.
STAFF RECOMMENDATION: Approval of the minutes.
B. Regional Transit Authority Articles of Incorporation Manager's Office
Staff is seeking approval of the proposed Articles of Incorporation for the new
regional transit authority and appointment of the Deputy City Manager as the
City's representative Director on the authority board.
In November 2023, the City Commission approved a resolution of intent to join
other municipalities in forming a regional transit authority. The first formal step
for the group is to establish Articles of Incorporation. These articles outline the
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members, district served, purposes and power of the authority, details of the
Board of Directors, how the work will be funded, how future amendments are
made and approved, and methods for members to be released from the
authority. The legislative body of each member agency will need to approve
the articles for the authority to proceed forward with developing bylaws and
seeking alternate funding. Each legislative body will also need to appoint its
representative director, and alternate, to the authority board.
After discussion with the board of one of the member communities, some minor
changes were made to the Articles of Incorporation. In Article IV, Section 2,
additional options for appointment to the Board of Directors have been given
for both the Director and Alternate. The articles allow for a Council member of
the Member legislative body to be appointed to each position.
STAFF RECOMMENDATION: To approve the Articles of Incorporation for the
Muskegon Area Transit System, to appoint LeighAnn Mikesell, Deputy City
Manager, as the City's director to the authority's board, and to appoint
Jonathan Seyferth, City Manager, as the City's alternate director to the
authority's board.
D. SURF Broadband METRO Act Permit Public Works
Staff requests approval of a permit from SURF Internet to access and use the
public right-of-way within portions of the City.
Staff requests approval of a permit from Surf Internet to access and use the
public right-of-way within portions of the City. The purpose of the access is to
construct a fiber optic network extension that will service certain properties in
the city. The expansion will affect the following city right-of-way areas in the
northeast portion of the City:
• Quarterline Road, Wesley to Marquette
• The Shady Lane subdivision (Roblane, Suelane, & Marlane Streets)
The application and maps are included in the packet. Staff recommends
approval of the permit. Surf Internet will return to the City Engineering Office for
individual permits at the time of construction, which will be approved at the
staff level.
STAFF RECOMMENDATION: Move to approve the permit from Surf Internet to
access and use the public right-of-way within portions of the City.
F. Sale of 1435 Hoyt Planning
Staff is requesting approval of a purchase agreement for 1435 Hoyt for $136,354.
1435 Hoyt was constructed through the agreement with Dave Dusendang to
construct infill housing with ARPA funding. The offer is over the full listing price
($136,354) with the seller paying $6,000 in concessions.
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STAFF RECOMMENDATION: To approve the Purchase Agreement for 1435 Hoyt
for $136,354 and authorize the Code Coordinator, Samantha Pulos, to sign.
H. Amendment to the Zoning Ordinance - Cat Cafe Definition SECOND
READING Planning
To add a definition for cat cafés to Article II (Definitions) of the zoning
ordinance.
Definition - Cat café: a restaurant or café, which also houses adoptable or
therapeutic cats for clientele to interact with, and which may incorporate cat
adoption services in addition to the restaurant services. The Planning
Commission unanimously recommended approval of the ordinance
amendment at their September 12 meeting.
STAFF RECOMMENDATION: I move to approve the request to amend the zoning
ordinance to add a definition for cat cafés.
J. Parks E/V Polaris Ranger Purchase - US DOE Rebate Voucher Program
DPW- Parks
Staff requests authorization to accept the Energy Efficiency & Conservation
Block Grant award and purchase vehicles and equipment from Babbitt’s
Powersports in the amount of $106,500.
In 2023, the U.S. Department of Energy announced the City of Muskegon was
eligible to receive an Energy Efficiency and Conservation Block Grant (EECBG)
in the amount of $76,450. The grant program is a $550M grant program funded
through the Bipartisan Infrastructure Law. It is designed to assist states, local
governments, and Tribes in implementing strategies to reduce energy use, to
reduce fossil fuel emissions, and to improve energy efficiency.
Under this grant program, the City applied and received approval for an
Equipment Rebate voucher to use the funds towards the purchase of two
Polaris Ranger XP Kinetic EV side-by-side utility vehicles for use by the Parks
Department. These vehicles have a range of 80 miles and are fully electric
vehicles. The parks department plans to use them in a variety of ways to help us
become more efficient and sustainable as a department. These vehicles are
also very effective in the sand and will be used at our beaches during the
summer as part of the park ranger program.
The purchase will be made locally through Babbitt’s Powersports. The Parks
Capital improvement plan budgeted $30k for a park ranger utility vehicle which
is being supplanted by one of the EV Rangers, and the offsetting costs will allow
us to equip these vehicles with a full cab, plow, salt spreaders and several other
upgrades to help with maintenance around the City of Muskegon. The vehicles
will come with some equipment provided by Babbitt’s; staff is including $16,500
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in additional equipment costs to be obtained using standard purchasing
policies once the vehicles arrive and needs are determined (caution lights,
decals, additional attachments, etc.).
The expense is budget-neutral, however a budget amendment is necessary to
accept and spend the grant funds.
STAFF RECOMMENDATION: Authorize staff to accept the Energy Efficiency &
Conservation Block Grant award and purchase vehicles and equipment from
Babbitt’s Powersports in the amount of $106,500.
K. Contract Award - First Street DPW- Engineering
Staff is requesting authorization to enter into a contact with McCormick Sand,
Inc, in the amount of $325,999.00 for the reconstruction of First Street from
Hamilton to Apple.
Bids were solicited for a construction project to reconstruct and install sanitary
sewer within First Street; from Hamilton to Apple. The project is necessary to
prepare for future sanitary sewer work within Apple, which will take place in
2026. McCormick Sand provided the low bid.
STAFF RECOMMENDATION: Move to authorize staff to enter into a contract with
McCormick Sand, Inc in the amount of $325,999.00 for the reconstruction of First
Street; Hamilton to Apple.
M. Sale of 209 Merrill, 502 & 561 Mary, 845, 982, & 1003 Ducey, 1007 Albert,
1542 Adams, 320 & 346 Wood, 425 Octavius, 436 Charles, 907 Orchard,
and 877 Amity. Planning
Staff is seeking authorization to sell the City-owned vacant lots at 209 Merrill, 502
& 561 Mary, 845, 982, & 1003 Ducey, 1007 Albert, 1542 Adams, 320 & 346 Wood,
425 Octavius, 436 Charles, 907 Orchard, and 877 Amity to Stephen Benedict,
Stephens Home and Investments LLC, for the amount of $56,175.
Stephen Benedict would like to purchase the City-owned buildable lots at 209
Merrill, 502 & 561 Mary, 845, 982, & 1003 Ducey, 1007 Albert, 1542 Adams, 320 &
346 Wood, 425 Octavius, 436 Charles, 907 Orchard, and 877 Amity to build single
family homes. 209 Merrill, 502 Mary, 845, 982, & 1003 Ducey, and 1007 Albert will
be split into additional buildable lots. 346 Wood will have a new address on
Leonard.
STAFF RECOMMENDATION: To authorize the Code Coordinator to complete the
sale of 209 Merrill, 502 & 561 Mary, 845, 982, & 1003 Ducey, 1007 Albert, 1542
Adams, 320 & 346 Wood, 425 Octavius, 436 Charles, 907 Orchard, and 877
Amity, as described in the purchase agreement and to have the Mayor and
Clerk sign the purchase agreement.
N. Brunswick Sewer Repair Public Works
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Staff is requesting authorization to accept the proposal from Terra Contractors
to repair the sewer lateral at Brunswick on Laketon Ave.
City staff were recently called to address a problem with the sewer service at
Brunswick on Laketon Ave. An investigation of the sewer lateral revealed a
blockage and indicated additional damage that would need to be repaired.
The repair would be complicated by the depth and location of the sewer main.
Since the sewer main was located underneath the middle of Laketon Avenue,
a complete closure of the roadway was required to safely excavate to the
main.
In order to minimize the time that Laketon Avenue was completely closed, and
to safely and efficiently excavate to the depths required for this project, staff
recommended bringing in a contractor to complete the repair.
Staff solicited bids from three contractors. Terra Contractors provided the lowest
bid and was selected to complete this repair. This work was authorized by the
City Manager on September 6, 2024 under the Emergency Procurement
provision of the Purchasing Policy. The Director of Public Works informed the City
Commission of this work at the September 10, 2024 meeting. This work has now
been completed and staff seeks retroactive approval.
Staff anticipates this cost will be borne by the owner of the Brunswick facility
based on their ownership of the lateral as detailed in the City ordinance.
STAFF RECOMMENDATION: I move to authorize staff to sign the proposal with
Terra Contractors to repair the Brunswick sewer lateral for $91,185.00.
O. Concur with CRC Recommendations to Accept Resignations and Make
Appointment City Clerk
To concur with the Community Relations Committee recommendation to
accept the resignation of Derek Edlund from the Lakeside Business
Improvement District and to accept the resignation of Jonathan Witmer from
the Zoning Board of Appeals and to appoint Jordan Hite as a resident.
STAFF RECOMMENDATION: To accept the resignation of Derek Edlund from the
Lakeside Business Improvement District and to accept the resignation of
Jonathan Witmer from the Zoning Board of Appeals and to appoint Jordan Hite
as a resident.
Motion by Commissioner German, second by Commissioner Kilgo, to adopt the
Consent Agenda as presented minus items C, E, G, I, and L.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, German, Gorman, and
Kochin
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Nays: None
MOTION PASSES
2024-84 ITEMS REMOVED FROM THE CONSENT AGENDA
C. 880 First St. Demolition Bid Economic Development
Staff is requesting authorization to contract with Asbestos Abatement
Incorporated for the demolition of the structure at 880 First St.
The City of Muskegon solicited bids from qualified contractors for the demolition
of the building located at 880 First St., Muskegon, MI 49440. The scope of work
includes complete demolition and removal of the structure, including all
foundations and footings, backfilling the site, hydroseeding, and asbestos
abatement. The primary objective is to eliminate blight, improve the area's
aesthetic appeal, and encourage economic development by preparing the
site for future opportunities.
The request for bids was posted on July 29, 2024, with a submission deadline of
Tuesday, September 3rd at 2:00 PM. A request to adjust bids in order to reflect
prevailing wages was made. The City Clerk received six bids from the following
companies:
• Asbestos Abatement Incorporated
• Dore & Associates, Inc.
• Melching Inc.
• Pro-Tech Environmental Inc.
• Pitsch Companies
• Bolle Contracting
Based on qualifications staff recommends awarding the contract to Asbestos
Abatement Incorporated.
STAFF RECOMMENDATION: Authorize staff to contract with Asbestos Abatement
Incorporated in the amount of $211,200 for the 880 First St Demolition Project.
Motion by Commissioner Keener, second by Commissioner Gorman, to
authorize staff to contract with Asbestos Abatement Incorporated in the amount
of $211,200 for the 880 First St Demolition Project.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, German, and
Gorman
Nays: None
MOTION PASSES
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E. Opioid Settlement Funding & Management Agreement Manager's
Office
Staff requests approval to enter into a Funding and Management Agreement
with the County of Muskegon to allocate the City’s Opioid Settlement Funds to
help fund the county’s existing opioid grant program.
In 2021, a $26 billion nationwide settlement was reached to resolve all opioid
litigation brought by states and local units of governments against various
pharmaceutical distributors. The State of Michigan is estimated to receive
approximately $1.6 billion, by 2040.
Settlement funds are distributed to state and local governments (county, city,
townships). A state-subdivision agreement between the State of Michigan and
local government directs how opioid settlement funds are distributed. Payments
are based on a national allocation formula which considers opioid overdose
fatalities, prevalence of opioid use disorder and distribution of opioids. Fifty
percent of funds go to county, city, and township governments. The estimated
local government share is $725 million. Fifty percent of funds go to the state’s
designated fund, The Michigan Opioid Healing and Recovery Fund. The
estimated state share is $887 million.
Local governments can combine funds with counties, cities, townships and
municipalities. Payment amounts will differ among the various settlements and
may not be received annually. The City expects to receive approximately
$605,256.92 through 2040. Since February 2023, the City has
received $171,244.19.
Settlement funds are intended to serve those most profoundly impacted by the
drug overdose crisis, with allowable uses focusing on prevention, harm
reduction, treatment and recovery.
The City's Settlement Funds would help fund the County's Opioid Settlement
Fund grant program, established in 2023. An Opioid Settlement Funding and
Management Agreement would exist between the City and County. Terms of
the Agreement would stipulate that -
- City-contributed funds would be for the benefit of city residents, only;
- The City participates in the review and approval of applicants providing
services to City residents;
- The City annually reviews, with the County, the Agreement as well as the Grant
Program;
- Funds would be used for activities that meet the definition of opioid
remediation, be evidence-based strategies or promising practices and align
with approved uses;
- 5% of funds to be used for administrative expenses, including any reporting
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requirements.
- The City would receive an annual accounting report of the grant program,
including total funds awarded, name of the grantee, category of assistance,
target audience, project summary and amounts approved.,
STAFF RECOMMENDATION: To approve the Opioid Settlement Funding and
Management Agreement between the City of Muskegon and County of
Muskegon, and authorize the Mayor and Clerk to sign.
Motion by Commissioner German, second by Vice Mayor St.Clair, to approve
the Opioid Settlement Funding and Management Agreement between the City
of Muskegon and County of Muskegon, and authorize the Mayor and Clerk to
sign.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, Kilgo, and
Keener
Nays: None
MOTION PASSES
G. Amendment to the Zoning Ordinance - Cat Cafés in Commercial Zones
SECOND READING Planning
Staff-initiated request to amend the zoning ordinance to allow cat cafés as a
special use permitted in all commercial districts excluding B-1. This would
include the following zoning districts: B-2; B-4; FBC, DT; FBC, MS; FBC, NC; LFBC,
LC; and LFBC, MR.
Staff has been receiving many calls regarding the desire to open a cat café in
Muskegon. These types of businesses are becoming more popular throughout
the state. A specific ordinance allowing these uses is necessary because any
property housing more than four cats is considered a commercial kennel.
The Planning Commission unanimously recommended approval of the
ordinance amendment.
STAFF RECOMMENDATION: I move to amend the zoning ordinance to allow cat
cafés as a special use permitted in the following zoning districts: B-2; B-4; FBC,
DT; FBC, MS; FBC, NC; LFBC, LC; and LFBC, MR.
Motion by Commissioner Gorman, second by Vice Mayor St.Clair, to amend the
zoning ordinance to allow cat cafés as a special use permitted in the zones as
presented.
ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, Johnson, and
Kilgo
Nays: None
MOTION PASSES
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I. Apple Avenue Resolution Public Works
Staff requests adoption of a resolution supporting MDOT's preliminary designs for
Apple Avenue, including lane reductions and non-motorized facilities.
As presented and discussed October 7th, MDOT is progressing with the design of
Apple Avenue. In accordance with public input that supports slower speeds,
improved safety and upgraded facilities for pedestrians and bicyclists, MDOT is
investigating reducing the number of lanes. In particular, as Apple Avenue
approaches the downtown area, the street may be overbuilt for the amount of
traffic. Reducing the number of lanes provide the opportunity to increase
green space and potentially provide parking areas, again both thing supported
by public feedback and focus groups.
In order to proceed with the studies necessary to support the lane reduction,
MDOT needs a formal resolution from the City Commission. The resolution
provides that and expresses the City's support for the project. Additional
agreements, including a potential turnback agreement as discussed last night,
will be presented as MDOT moves through the design process.
STAFF RECOMMENDATION: Adopt the resolution supporting MDOT's preliminary
designs for Apple Avenue including lane reductions and non-motorized
facilities.
Motion by Commissioner Kilgo, second by Commissioner German, to adopt the
resolution supporting MDOT's preliminary designs for Apple Avenue including
lane reductions and non-motorized facilities.
ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, and Johnson
Nays: Kilgo
MOTION PASSES
L. Resolution Honoring NAACP Muskegon Branch 3147-B for 105 Years of
Service Manager's Office
A resolution honoring the NAACP Muskegon Branch 3147-B for 105 years of
service.
STAFF RECOMMENDATION: To adopt the resolution honoring the NAACP
Muskegon Branch 3147-B for 105 Years of Service.
Motion by Commissioner German, second by Commissioner Keener, to adopt
the resolution honoring the NAACP Muskegon Branch 3147-B for 105 Years of
Service.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Gorman, Kochin, and
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St.Clair
Nays: None
MOTION PASSES
2024-85 NEW BUSINESS
B. Creation of a short-term rental ordinance Planning
Staff-initiated request to amend Section 2314 of the zoning ordinance to create
a short-term rental ordinance. The ordinance uses an overlay district approach,
splitting the City up into 11 different zones. These zones match the City of
Muskegon census tracts. Census tract information was used to determine the
number of housing units in each zone. Each zone would be allowed up to 4% of
the housing units as short-term rentals. Areas within the Downtown Development
Authority and Lakeside Business Improvement District/Corridor Improvement
Authority boundaries would be exempt from the cap on the number of units.
There would be no limit to the amount of short-term rentals in these areas.
Please see the Short-Term Renal Chart that depicts the number of units and
short-term rentals in each zone. At 4% of the units, Zone 1 would be over the limit
by 39 short-term rentals. No new short-term rentals would be allowed in Zone 1
until the number of short-term rentals dropped below 34.
The Planning Commission held a public hearing on this request at a special
meeting on Thursday, September 26. The Planning Commission unanimously (5-
0, with 4 members absent) voted to recommend approval of the short-term
rental ordinance, with the following conditions:
1. Amend Section 1(c) - exemptions - to also include the Lakeside Corridor
Improvement Authority along with the Lakeside Business Improvement District.
2. Remove Section 4 that would allow the transferring of licenses.
These conditions have been reflected in the ordinance. The redline version
depicts the changes that the Planning Commission have requested.
STAFF RECOMMENDATION: I move to approve the request to amend Section
2314 of the zoning ordinance to create a short-term rental ordinance as
presented.
Motion by Commissioner Keener, second by Commissioner German, to
approve the request to amend Section 2314 of the zoning ordinance to create a
short-term rental ordinance as presented.
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Motion amended by Commissioner Keener, second by Commissioner Kochin to
add Section 4, Transferring of Licenses.
ROLL VOTE ON FIRST AMENDMENT:
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener
Nays: German, Gorman
MOTION PASSES
Motion amended by Vice Mayor St.Clair, second by Commissioner Kilgo, to
add Section 5, Expiration of Exemption Granted During Moratorium.
ROLL VOTE ON SECOND AMENDMENT:
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, Keener, and
German
Nays: None
MOTION PASSES
ROLL VOTE ON ORIGINAL MOTION:
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, and Kochin
Nays: Gorman and German
MOTION PASSES (REQUIRES SECOND READING)
C. Amendment to the zoning ordinance - definition of short-term rental
Planning
A definition for short-term rental in the zoning ordinance is necessary for the
creation of a short-term rental ordinance.
Proposed definition:
Short-Term Rental - A property in which a tenant is allowed to lease the dwelling
unit, without a host, for periods of less than 28 days but more than 24 hours in
return for remuneration. A rental in which the host resides on premises shall not
be considered a short-term rental, but shall still register with the City.
The Planning Commission unanimously (5-0, with 4 members absent) voted to
recommend approval of the definition of short-term rental.
STAFF RECOMMENDATION: I move to approve the request to amend Article II of
the zoning ordinance to create a definition for short term rental as proposed.
Motion by Vice Mayor St.Clair, second by Commissioner Keener to approve the
request to amend Article II of the zoning ordinance to create a definition for
short term rental as proposed.
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ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and Keener
Nays: German
MOTION PASSES (REQUIRES SECOND READING)
A. FY25 Drinking Water State Revolving Fund (DWSRF) Engineering Services
Public Works
Staff requests authorization to enter into two contracts with Prein & Newhof in
the total amount of $1,113,600 for design and construction engineering services
related to the FY25 Drinking Water State Revolving Fund (DWSRF) program,
associated projects and service line replacements.
The City is again fortunate to have been offered loans, grants and principal
forgiveness through the FY25 Drinking Water Revolving Fund (DWRF) program
through the State of Michigan Department of Environment, Great Lakes &
Energy (EGLE). Specifically, the City has been offered a combination of grants
and principal forgiveness totaling 20% funding, with the remaining 80% eligible
for a 20- or 30-year loan at a 2% interest rate which is well below market.
Due to scoring requirements, several projects were included in the City's
application and must be completed under the program in order to take
advantage of the principle forgiveness (which is specifically associated with the
lead service line replacement work). The overall budget for the projects is
$15,591,000. $13,985,000 is for water mains, lead service lines and other work
eligible for and included in the DWSRF program (the remainder will be paid from
sewer and road funds on hand). Specifically, the program includes:
• $10,000,000 for lead service line replacements, including $2,797,000 in
principle forgiveness
• $392,000 for looping projects at Yuba and Wood and at Wildwood Lane
and Dowd
• $488,000 for recoating the interior of the Marshall Street Elevated Storage
Tank (water tower)
• $3,105,000 for the replacement of water main and lead service lines in
Catherine Avenue from Irwin to Wood
• $1,606,000 of ineligible costs for the Catherine Avenue project to be paid
for with local street and sewer funds on hand
Depending on bid prices, it is anticipated the FY25 program will replace up to
1,400 lead service lines. The debt service fee the DWSRF-eligible portion of the
program is expected to add to the water bill is estimated at $3.45 per month for
a residential account, and would begin impacting customer's bills in FY27 or
FY28. Portions of the engineering work required for these projects are included in
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the 24/25 budget and should they move forward, the projects will continue to
have allocations included in the 25/26 and 26/27 fiscal year budgets. The
engineering costs are eligible for the principle forgiveness and bond at the
same cost split as the construction work.
A qualifications-based process was used in 2019 that shortlisted Prein & Newhof
along with two other firms to provide engineering services for these projects.
Staff solicited proposals from Prein & Newhof which totaled $1,113,600, split into
one contract for the lead service line replacements and a second contract for
the remainder of the projects. The staff has reviewed the proposals and feels
Prein & Newhof are best suited to handle these projects based on their
experience and their intimate familiarity with our water system, the DWSRF
program, and their history of exemplary performance on similar projects over
the past several years.
STAFF RECOMMENDATION: Authorize staff to enter into two contracts with Prein
& Newhof in the total amount of $1,113,600 for design and construction
engineering services related to the FY25 Drinking Water State Revolving Fund
(DWSRF) program, associated projects and service line replacements.
Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to authorize
staff to enter into two contracts with Prein & Newhof in the total amount of
$1,113,600 for design and construction engineering services related to the FY25
Drinking Water State Revolving Fund (DWSRF) program, associated projects and
service line replacements.
ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, Johnson, and
Kilgo
Nays: None
MOTION PASSES
2024-86 ANY OTHER BUSINESS
Motion by Commissioner Keener, second by Vice Mayor St.Clair, to extend the
short term rental moratorium until the ordinance is in effect.
ROLL VOTE: Ayes: Keener, Kochin, St.Clair, and Johnson
Nays: Kilgo, German, and Gorman
MOTION PASSES
PUBLIC COMMENT ON NON-AGENDA ITEMS
Public comments received.
ADJOURNMENT
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The City Commission Meeting adjourned at 9:07 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: Land Bank - Trade Parcels
Submitted by: Samantha Pulos, Code Department: Planning
Coordinator
Brief Summary:
The Muskegon County Land Bank sold 1694 Pine to the City in error. They would like to trade that
property for 1221 Sanford.
Detailed Summary & Background:
1694 Pine was purchased by Development Services from the Muskegon County Land Bank for $3,500.
We were then notified that this address was already pledged in a Purchase Agreement to Allen
Edwin in their workforce rental program. The Land Bank proposed a trade for 1221 Sanford.
Development Services is agreeable to that trade. 1221 Sanford is of similar size and condition. The
Land Bank will cover any costs associated with the transaction.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Infill housing opportunity. Diverse housing types.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
n/a Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Public Improvement Fund. Yes No N/A x
Recommended Motion:
To authorize the Code Coordinator, Samantha Pulos, to fascilitate the trade of 1694 Pine and 1221
Sanford, with the Muskegon County Land Bank.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads x
Communication
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Legal Review x
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: General Fund Transfers for FY 2023-24
Submitted by: Kenneth Grant, Finance Director Department: Finance
Brief Summary:
During the close out of fiscal year 2023-24 and based on the financial results for the fiscal year ended
June 30, 2024, we want to transfer $50,000 from the General Fund to the Public Services Fund to
prevent a negative unrestricted balance. A negative unrestricted balance will require a deficit
elimination plan with the State of Michigan.
Detailed Summary & Background:
During the close out of fiscal year 2023-24 and based on the financial results for the fiscal year ended
June 30, 2024, we want to transfer $50,000 from the General Fund to the Public Services Fund to
prevent a negative unrestricted balance. A negative unrestricted balance will require a deficit
elimination plan with the State of Michigan. At the end of the 2023-24 fiscal year, the audit shows
that unrestricted position is negative. By transferring funds from the General Fund this issue will be
resolved.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
$50,000 Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
General Fund (101) to Public Services Building Yes No N/A
Fund (642)
Recommended Motion:
To approve the General Fund transfer of $50,000 to the Public Services Fund in order to avoid filing a
deficit elimation plan with the State of Michigan.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
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Communication
Legal Review
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: GameTime Playground Grant - Smith-
Ryerson Park
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
Staff requests authorization to enter into a contract with Sinclair Recreation in the amount of $178,000
for the purchase and installation of a new playground at Smith-Ryerson park.
Detailed Summary & Background:
Staff applied and was selected for a GameTme matching funds playground grant. The grant
provides 100% matching funds for equipment purchases (essentially 50% off). The park being
proposed for this grant is Smith-Ryerson park. The playground is beyond the recommended lifespan
and a new playground was budgeted through the commission approved capital improvement plan.
The feedback from the parks master plan survey supports this investment at Smith-Ryerson park as
this is our largest park on the east side of town.
We developed this structure through feedback from the survey and engagement from staff at the
playground throughout the summer. The total cost for the playground and installation is $178,000
which fits into the overall budget for improvements at Smith-Ryerson park.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Enhanced Parks and Recreation Department and Services
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Amount Requested: Budgeted Item:
$178,000 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
101-901-801-092418 Yes No x N/A
Recommended Motion:
Authorize staff to enter into a contract with Sinclair Recreation in the amount of $178,000 for the
purchase and installation of a new playground at Smith-Ryerson park.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
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Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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Smith-Ryerson Park Results
Question 1 | Please rank the items below in order of importance to you.
ST
1 ND
2 RD
3 TH
4
ANSWER OPTION TOTAL SCORE
PRIORITY PRIORITY PRIORITY PRIORITY
7.97%
3 8.1%
4 0.13%
1 .8%
3
Improve creek access and natural habitat 79 1.80
30 38 8 3
3.04%
4 5.32%
2 5.32%
2 .33%
6
Interior Improvements in Community Center 79 1.95
34 20 20 5
6.46%
1 2.78%
2 0.25%
2 0.51%
4
Improved Park Security 79 2.85
13 18 16 32
.53%
2 .8%
3 4.3%
4 9.37%
4
Update Storage Building 79 3.41
2 3 35 39
Question 2 | If you could add something new to the park, what would it be? Select all that apply.
*Other (please specify)” responses on open feedback results.
Created with Zencity data and analysis 17
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GameTime c/o Sinclair Recreation 09/27/2024
176 E Lakewood Blvd Quote #
Holland, MI 49424 106795-02-03
Ph: 800-444-4954
Fax: 616-392-8634
2024 Grant Playgrounds - Smith-Ryerson Park - Grant Check with
Order - Option Two - Rev One
City of Muskegon Ship to Zip 49440
Attn: Kyle Karczewski
PO BOX 536
MUSKEGON, MI 49443-0536
United States
Kyle.karczewski@shorelinecity.com
Quantity Part # Description Unit Price Amount
1 RDU GameTime - Modified Elliot unit for 5-12 year olds $99,390.00 $99,390.00
(1) 3904 -- Bells 20" 1S
(1) 3945 -- Rain 12" 2S
(2) 12024 -- 3 1/2" Uprt Ass'Y Alum 9'
(1) 12025 -- 3 1/2" Uprt Ass'Y Alum 10'
(2) 12026 -- 3 1/2" Uprt Ass'Y Alum 11'
(1) 12068 -- 3 1/2"Uprt Ass'Y Alum 13'
(3) 18201 -- 36" Tri Punched Deck P/T
(1) 18705 -- Seat And Table For Two 36"
(1) 19013 -- Transfer Platform W/ Barrier (3')
(1) 19063 -- Wavy Tree (6'-6" & 7')
(1) 19223 -- Sloped Funnel Climber
(1) 19247 -- How Tall Am I
(1) 19432 -- Triple W/ Spiral
(1) 19439 -- 3 in a Row Panel
(2) 19698 -- Sloped Funnel Climber Barrier (Dbl)
(1) 19715 -- PT Sensory Wave Up & Around (3' & 3'
(1) 19806 -- Splitter 8'
(2) 26058 -- 3 Way X-Pod Step
(1) 26073 -- Single Sky Wheel
(13) 26094 -- Triangular Shroud
(1) 26096 -- Arched Chain Net Link (Stainless)
(1) 26142 -- Single With Step
(1) 26161 -- 5'-0" Connectscape Climber
(1) 27078 -- Trapezoid Overhead Ladder 60 Deg PT
(1) 27080 -- Stretched Trapezoid Overhead - 60 Deg
(3) G12068 -- 3 1/2"Uprt Ass'Y Galv 13'
(4) G12069 -- 3 1/2"Uprt Ass'Y Galv 14'
(1) 27085 -- Metal Climbing Wall Link
(2) 6232 -- Pod (1'-0")
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GameTime c/o Sinclair Recreation 09/27/2024
176 E Lakewood Blvd Quote #
Holland, MI 49424 106795-02-03
Ph: 800-444-4954
Fax: 616-392-8634
2024 Grant Playgrounds - Smith-Ryerson Park - Grant Check with
Order - Option Two - Rev One
Quantity Part # Description Unit Price Amount
(1) 27084 -- Geocentrix 3 Connection
(1) 26070 -- Sail Climbing Wall Attachment
(1) 6233 -- Pod (2'-0")
(1) 26066 -- Laced Climbing Wall Attachment
1 91862 GameTime - SkyRun Zip Track 35 ft Zero G & Zip Db $30,999.00 $30,999.00
1 RDU GameTime - Swings with Seats $6,384.00 $6,384.00
(1) 5128 -- Expression Swing 3 1/2" X 8'
(1) 12583 -- Ada Primetime Swing Frame, 3 1/2" Od
(1) 12584 -- Ada Primetime Swing Aab, 3 1/2" Od
(1) SS8696 -- Encl Tot Seat 3 1/2"/8' High W/Clevis
(2) SS8910 -- Belt Seat 3 1/2" /8' W/Clevis
1 655 GameTime - Dome Climber $2,054.00 $2,054.00
2 28009 GT-Site - 6' P/S Bench W/Back Inground $1,025.00 $2,050.00
1 14927 GameTime - NDS Play On Sign Package
304 TIMBERS Installation - Wood timber edging double stacked 6x6 to surround play area $23.00 $6,992.00
1 REMOVAL Installation - Removal and disposal of existing equipment and edging- $14,250.00 $14,250.00
Includes removal of EWF from existing play area not in proposed play area
5690 EWF GT-Impax - 12" Compacted depth engineered wood fiber surfacing, blown in $2.60 $14,794.00
62 CONCRETE Installation - Furnish and install concrete access sidewalk from parking lot to play area- $16.00 $992.00
Includes excavation of pad
5690 EXCAVATION Installation - Excavation with removal of spoils to a depth of 12" for new EWF surfacing- $2.60 $14,794.00
Includes removal of EWF from existing play area not in proposed play area
1 INSTALL Installation - Installation of GameTime equipment $38,560.00 $38,560.00
Contract: OMNIA #2017001134 Sub Total $231,259.00
Grant ($55,134.71)
Estimated Freight $1,800.00
Total $177,924.29
Comments
Matching Grant Funds are available until October 25th, 2024 at 12PM EST or until Grant funds
are no longer available. Approved grant application is required. To receive full grant funding, a
check of $87,548.29 must be received at the time of order.
This quotation is subject to policies in the current GameTime Playground Catalog and the following terms and conditions. Our
quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price
adjustment. Purchases to be supported by your written purchase order made out to GAMETIME C/O SINCLAIR
RECREATION. A 2.5% PROCESSING FEE WILL BE ADDED TO ALL ORDERS PAID VIA CREDIT CARD.
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GameTime c/o Sinclair Recreation 09/27/2024
176 E Lakewood Blvd Quote #
Holland, MI 49424 106795-02-03
Ph: 800-444-4954
Fax: 616-392-8634
2024 Grant Playgrounds - Smith-Ryerson Park - Grant Check with
Order - Option Two - Rev One
Pricing: f.o.b. factory, firm for 30 days from date of quotation unless otherwise noted on quotation. Sales tax will be added at
time of invoicing unless a tax exemption certificate is provided at time of order entry.
Shipment: Order shall ship within 8-10 weeks after GameTime's receipt and acceptance of your purchase order, color
selections, approved submittals, and receipt of deposit, if required.
NOTE: To qualify for the GameTime Grant, you must complete the application form for pre-approval. Upon approval, a Partial
Matching Grant (reflected in the pricing shown above) is good toward the purchase of a new Powerscape, PrimeTime, XScape
or Ionix Structure only. The order MUST be received no later than October 18th, with full payment to allow for processing, and
your order will ship within 6-10 weeks from date of order placement. The Grant does not apply toward Freight, Freestanding
Items, Surfacing or Installation. To qualify for the matching grant amount shown above, a check for the full amount MUST
accompany your order.
Installation: Shall be by a Certified GameTime Installer. Customer shall be responsible for scheduling coordination and site
preparation. Site should be level and permit installation equipment access. Purchaser shall be responsible for unknown
conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional
labor or material costs. Payment terms for installation is Net 10 Days.
NOTE: PRICING DOES NOT INCLUDE ANY DAVIS BACON OR PREVAILING WAGE RATES UNLESS SPECIFICALLY
IDENTIFIED ABOVE IN QUOTE. THERE WILL BE A BACKCHARGE FOR THE INSTALLATION TO BE DONE THROUGH
FELT, PEASTONE, SURFACING, OR WOODCHIPS, UNLESS SPECIFICALLY LISTED IN ABOVE QUOTE.
Exclusions: Unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment;
acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety
surfacing; borders, drainage provisions, or any local/municipal permits or paperwork that may be required.
Page 3 of 4
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GameTime c/o Sinclair Recreation 09/27/2024
176 E Lakewood Blvd Quote #
Holland, MI 49424 106795-02-03
Ph: 800-444-4954
Fax: 616-392-8634
2024 Grant Playgrounds - Smith-Ryerson Park - Grant Check with
Order - Option Two - Rev One
Acceptance of quotation:
Accepted By (printed): ______________________________ P.O. No: ______________________________________
Please make P.O.s out to GameTime C/O Sinclair Recreation
Signature: ___________________________________________
Title: ________________________________________________ Date: ________________________________________
Facsimile: ____________________________________________ Phone: _______________________________________
Email: _______________________________________________ Purchase Amount: $177,924.29
REQUIRED ORDER INFORMATION:
Bill To: _______________________________________________ Ship To: ____________________________________
Contact: _____________________________________________ Contact: _____________________________________
Address: _____________________________________________ Address: _____________________________________
Address: _____________________________________________ Address: _____________________________________
City, State, Zip: _______________________________________ City, State, Zip: ___________________________________
Tel: ___________________________________________________ Tel: ________________________________________
(For Accounts Payable) (To call before delivery)
Email: ________________________________________________ Email: _______________________________________
COLOR SELECTIONS: _______________________________________________________________________________________
SALES TAX EXEMPTION CERTIFICATE #: ____________________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE)
NOTE: IF INSTALLATION IS BEING QUOTED, THERE WILL BE A BACKCHARGE FOR THE INSTALLATION TO BE DONE THROUGH FELT,
PEASTONE, SURFACING, OR WOODCHIPS. PRICING VALID FOR 30 DAYS FROM THE DATE OF QUOTATION UNLESS OTHERWISE
NOTED. ANY MODIFICATIONS TO AN ACCEPTED QUOTATION MUST BE DOCUMENTED IN WRITING OR WITH A NEW OR SEPARATE
QUOTE. VERBAL MODIFICATIONS TO PREVIOUSLY SIGNED QUOTES WILL NOT BE ACCEPTED.
Page 4 of 4
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: Parks Restroom Improvements
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
Staff is requesting authorization to contract with the low bidder, Muskegon Quality Builders, in the
amount of $38,525 for park restroom improvements for McCrea, Beukema & Seyferth Park.
Detailed Summary & Background:
Through our parks master plan survey, we received feedback that our residents desire improvements
to some of our park restrooms. The most in need at this time (and the parks with the highest amount
of feedback for improvements) are Seyferth, Beukema and McCrea. $100,000 was budgeted
through the adopted Parks Capital Improvement Plan for these improvements. Upgrades include
installing porcelain fixtures and removing stainless steel, masonry work for ADA improvements and
installing new partitions, to name a few. Our department would like to select the lowest bidder,
Muskegon Quality Builders, at $38,525. The remainder of the budgeted funds will be redirected to
new and other capital improvement projects as needed.
Bid Tab
Muskegon Quality Builders: $38,525
Bultsma Construction Co.: $69,731
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Enhanced Parks and Recreation Department and Services
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Parks and Recreation Department and
Services
Amount Requested: Budgeted Item:
$38,525 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
101-901-801-092418 Yes No x N/A
Recommended Motion:
Authorize staff to contract with Muskegon Quality Builders in the amount of $38,525 for park restroom
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improvements for McCrea, Beukema & Seyferth Park.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: Reese Pavilion Construction
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
Staff seeks authorization to enter into a contract with Patron Construction in the amount of $51,010
for construction of a pavilion at Reese Park.
Detailed Summary & Background:
The Parks department recently applied for and received a CDBG grant from the Economic
Development division for $20,000 for a pavilion at Reese Park. The demand for this project was first
raised by the Boys & Girls Clubs of Muskegon Lakeshore. Our local BGC holds a summer camp at this
location and a shaded outdoor area would greatly improve the quality of their program as we do
not have usable space at the park that is out of the elements. The pavilion will also be an affordable
rental option for our residents (between $30 to $60), as this park has great amenities for birthday
parties or family gatherings. This project is included in the adopted Parks Capital Improvement Plan
and the cost above the CDBG grant will some from funds devoted to that effort. Staff recommends
the lowest bidder, Patron Construction, for $51,010.
Bid Tab
Patron Construction: $51,010
North Shore Property Solutions: $59,500
Muskegon Quality Builders: $74,851
Sinclair Recreation: $78,880
American Athletix: $108,137
Midwest Construction Group: $176,385
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Enhanced Parks and Recreation Department and Services
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Parks and Recreation Department and
Services
Amount Requested: Budgeted Item:
$51,010 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
101-901-801-092418 Yes No x N/A
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Recommended Motion:
Authorize staff to enter into a contract with Patron Construction in the amount of $51,010 for
construction of a pavilion at Reese Park.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: Resolution to urge the United States
Department of the Interior to approve the
petition of the Grand River Bands of Ottawa
Indians for Federal Acknowledgment.
Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office
Brief Summary:
Seeking commission approval of a resolution to urge the United States Department of the Interior to
approve the petition of the Grand River Bands of Ottawa Indians for Federal Acknowledgment.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Administrative Action
Amount Requested: Budgeted Item:
n/a Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
n/a Yes No N/A x
Recommended Motion:
Adopt the Resolution to urge the United States Department of the Interior to approve the petition of
the Grand River Bands of Ottawa Indians for Federal Acknowledgment.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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CITY OF MUSKEGON, MI
RESOLUTION NO. _____________
A RESOLUTION TO URGE THE UNITED STATES DEPARTMENT OF THE INTERIOR TO APPROVE THE
PETITION OF THE GRAND RIVER BANDS OF OTTAWA INDIANS FOR FEDERAL ACKNOWLEDGMENT
WHEREAS, the Grand River Bands of Ottawa Indians (GRBOI) are signatories to numerous treaties with
the United States Federal Government, establishing a sovereign-to-sovereign relationship beginning
with the 1795 Treaty of Greenville, and continuing through the 1807 Treaty of Detroit, the 1821 Treaty
of Chicago, and the 1836 Treaty of Washington; and
WHEREAS, this sovereign relationship was further solidified by the Treaty of Detroit (1855), which set
aside a specific reservation for the Grand River Bands of Ottawa Indians located in western Michigan,
including areas north of the Grand River, in and around Muskegon and Grand Rapids; and
WHEREAS, the Grand River Bands of Ottawa Indians are the political successor-in-interest to the Grand
River Ottawa people, and their relationship with the United States has been consistent with other
recognized Michigan treaty tribes; and
WHEREAS, the State of Michigan recognized the Grand River Bands of Ottawa Indians in 1996 as a
historic Indian tribe that continues to exist as a tribal entity; and
WHEREAS, in 1997, the United States Congress, in anticipation of formal federal acknowledgment,
passed the Michigan Indian Land Claims Settlement Act (P.L. 105-143), which included provisions for
land claim settlements for the Grand River Bands of Ottawa Indians; and
WHEREAS, the Grand River Bands of Ottawa Indians filed Petition #146 for federal acknowledgment
with the United States Department of the Interior, Office of Federal Acknowledgment, in 1994, and that
petition remains pending after decades of delay; and
WHEREAS, this undue delay has caused significant harm to the members of the Grand River Bands of
Ottawa Indians, depriving them of crucial opportunities to support their community in areas such as
housing, health care, public safety, and education;
NOW, THEREFORE, BE IT RESOLVED, that the City of Muskegon urges the United States Department of
the Interior to approve the petition of the Grand River Bands of Ottawa Indians for federal
acknowledgment in an expeditious manner;
AND, BE IT FUTHER RESOLVED, that copies of this resolution be transmitted to the Governor of
Michigan, the United States Secretary of the Interior, and other relevant officials.
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The foregoing Resolution was offered by ______________________ and supported by
____________________ and same was duly passed at a general session of the City of Muskegon City
Commission, with the vote as follows:
Yeas:
Nays:
Absent:
Adopted this 22nd day of October, 2024.
By: _______________________________
Kenneth D. Johnson, Mayor
By: ________________________________
Ann Marie Meisch, MMC – City Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on
October 22, 2024.
By: ________________________________
Ann Marie Meisch, MMC – City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: Vacation of the remaining portion of the
alley between 2nd St and 3rd St, south of
Webster Ave and north of Muskegon Ave.
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
The applicant owns the former “Corner” building at the corner of Muskegon/3rd. They have
requested to vacate the remaining portion of the alley that dead ends at the eastern edge of their
property. The applicant does not intend on building over the alley. However, they would like to limit
car access through the area with landscaping planters and/or art pieces. They are also considering a
decorative walkway that would lead pedestrians towards the Muskegon Museum of Art.
Detailed Summary & Background:
Vacating an alley relinquishes the City’s interest in the alley. However, a utility easement would still
remain in effect. After vacating the alley, the land would be owned by everyone in the block. No
permanent structures would be allowed over the former alley until it has been replatted. There are
sanitary and storm sewers located in the alley. The City must maintain an easement to this
infrastructure once the alley is vacated. Any approval of the vacation should be contingent upon
the City retaining a utility easement.
The Planning Commission unanimously (8-0, 1 member absent) recommended in favor of vacating
the alley with the condition that the City retains a utility easement with the same boundaries as the
alley being vacated.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move that the request to vacate the remaining portion of the alley between 2nd St and 3rd St, south
of Webster Ave and north of Muskegon Ave, be approved with the condition that the City retains a
utility easement with the same boundaries as the alley being vacated.
Page 61 of 262
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 62 of 262
Planning Commission Staff Report Excerpt
October 10, 2024
Hearing, Case 2024-25: Request to vacate the remaining portion of the alley between 2nd St and
3rd St, north of Webster Ave and south of Clay Ave, by West Haven 280 LLC.
SUMMARY
1. The applicant owns the former “Corner” building at the corner of Muskegon/3rd. They
have requested to vacate the remaining portion of the alley that dead ends at the eastern
edge of their property.
2. The applicant does not intend on building over the alley, however they would like to limit
car access through the area with landscaping planters and/or art pieces. They are also
considering a decorative walkway that would lead pedestrians towards the Muskegon
Museum of Art.
3. Vacating an alley relinquishes the City’s interest in the alley. However, a utility easement
would still remain in effect. After vacating the alley, the land would be owned by everyone
in the block. No permanent structures would be allowed over the former alley until it has
been replatted.
4. There are sanitary and storm sewers located in the alley. The City must maintain an
easement to this infrastructure once the alley is vacated. An approval of the vacation should
be contingent upon the City retaining a utility easement.
5. Notification was sent to everyone in the block. At the time of this writing, staff had not
received any public comments.
STAFF RECOMMENDATION
Staff recommends approval of the alley vacation as long as access to the utilities remains.
Page 63 of 262
CITY OF MUSKEGON
RESOLUTION No.______________
RESOLUTION TO VACATE A PUBLIC ALLEY
THE REMAINING PORTION OF THE ALLEY BETWEEN 2ND ST AND 3rd ST, SOUTH OF WEBSTER
AVE AND NORTH OF MUSKEGON AVE
WHEREAS, a petition has been received to vacate the remaining portion of the alley between 2nd St and
3rd St, south of Webster Ave and north of Muskegon Ave; and
WHEREAS, the Planning Commission held a public hearing on October 10, 2024 to consider the petition
and subsequently recommended the vacation with the condition that access to utilities remains; and
WHEREAS, due notice had been given of said hearing as well as the October 22, 2024 City Commission
meeting to consider the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the public
interest to vacate the remaining portion of the alley between 2nd St and 3rd St, south of Webster Ave and
north of Muskegon Ave;
BE IT FURTHER RESOLVED that the City Commission does hereby declare the said alley vacated and
discontinued provided, however, that this action on the part of the City Commission shall not operate so
as to conflict with any fire access or the utility rights heretofore acquired by the City or by any public
service utility in the City of Muskegon, operating in, over and upon said portion of street hereby vacated,
and it is hereby expressly declared that any such rights shall remain in full force and effect;
BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall restore
the disturbed area to the grade and paving in existence at the time of vacation. The City shall not be
responsible to replace special planting, landscaping, fences or any structure. No structure shall be placed
in the vacated street which, in the sole judgment of the City, will interfere with the repair or maintenance
of utilities in the easement, public or private.
Adopted this 22nd day of October, 2024.
Ayes:
Nays:
Absent:
Page 64 of 262
By:
Ken Johnson, Mayor
Attest:
Ann Meisch, MMC, City Clerk
Page 65 of 262
CERTIFICATE
(Vacation of the remaining portion of the alley between 2nd St and 3rd St, south of Webster Ave and north of
Muskegon Ave)
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City
Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular meeting held on
October 22, 2024.
______________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Page 66 of 262
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: Equipment Replacement - Plow Trucks
Submitted by: Joe Buthker, DPW Superintendent Department: Public Works
Brief Summary:
Staff is requesting approval to purchase two replacement plow trucks.
Detailed Summary & Background:
Two replacement plow trucks will be purchased for the City’s equipment fleet. The cab and chassis
for two trucks will be purchased from West Michigan International for $108,928.78 each. The build of
the boxes and underbody scraper blades will be done by Truck and Trailer Specialties for a price of
$99,882.00 each. One of the truck builds will include a new V-Box salt spreader for $34,945.00 to
replace an older existing unit that is becoming difficult to repair. The cab and chassis for this truck will
be purchased through the Sourcewell contract; the build of the box and underbody scraper blade
will be purchased under the MiDEAL contract. Sourcewell and MiDEAL are purchasing collectives
that publicly bid items to offer the best value to member organizations.
Quantity Unit Price Total
Cab & 2 $108,928.78 $217,857.56
Chassis
Box & 2 $99,882.00 $199,764.00
Underbody
V-Box Salt 1 $34,945.00 $34,945.00
Spreader
Total $452,566.56
The total cost of $452,566.56 is a budgeted expense from the Equipment Fund for this fiscal year
(2024-2025).
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Sustainability in financial practices and infrastructure
Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Reliable and efficient short and long term financial
practices
Amount Requested: Budgeted Item:
$452,566.56 Yes X No N/A
Page 67 of 262
Fund(s) or Account(s): Budget Amendment Needed:
Equipment Fund (661-563) Yes No X N/A
Recommended Motion:
I move to authorize staff to purchase two new plow trucks through West Michigan International and
Truck & Trailer Specialties for $452,566.56.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 68 of 262
Equipment Purchase – Plow Truck
(To show new logo positioning)
Page 69 of 262
September 10, 2024
Prepared For: Presented By:
City of Muskegon WEST MICHIGAN INTL
Joe Buckingham Steven E Bush
1350 E Keating Ave. 575 56TH ST. SW
Muskegon, MI 49442-6183 WYOMING MI 49548 - 4497
(231)724 - 6937 (616)241-4656
Reference ID: N/A
Thank you for the opportunity to provide you with the following quotation on a new International truck. I am sure the following detailed
specification will meet your operational requirements, and I look forward to serving your business needs.
Model Profile
2026 HV507 SFA (HV507)
AXLE CONFIG: 4X2
APPLICATION: Front Plow and Underbelly Scraper with Spreader
MISSION: Requested GVWR: 36220. Calc. GVWR: 36220. Calc. GCWR: 80000
Calc. Start / Grade Ability: 44.45% / 3.76% @ 55 MPH
Calc. Geared Speed: 63.8 MPH
DIMENSION: Wheelbase: 183.00, CA: 108.00, Axle to Frame: 75.00
ENGINE, DIESEL: {Cummins L9 330} EPA 2024, 330HP @ 2200 RPM, 1000 lb-ft Torque @ 1200 RPM, 2200 RPM
Governed Speed, 330 Peak HP (Max)
TRANSMISSION, AUTOMATIC: {Allison 3500 RDS} 6th Generation Controls, Wide Ratio, 6-Speed with Double Overdrive, with
PTO Provision, Less Retarder, Includes Oil Level Sensor, with 80,000-lb GVW and GCW Max,
On/Off Highway
CLUTCH: Omit Item (Clutch & Control)
AXLE, FRONT NON-DRIVING: {Meritor MFS-16-143A} Wide Track, I-Beam Type, 16,000-lb Capacity
AXLE, REAR, SINGLE: {Meritor RS-23-160} Single Reduction, 23,000-lb Capacity, 200 Wheel Ends Gear Ratio: 6.43
CAB: Conventional, Day Cab
TIRE, FRONT: (2) 11R22.5 Load Range H HSC 3 (CONTINENTAL), 496 rev/mile, 68 MPH, All-Position
TIRE, REAR: (4) 11R22.5 Load Range G FUEL MAX RTD (GOODYEAR), 495 rev/mile, 75 MPH, Drive
SUSPENSION, REAR, SINGLE: 31,000-lb Capacity, Vari-Rate Springs, with 4500-lb Capacity Auxiliary Multileaf Springs
PAINT: Cab schematic 100WK
Location 1: 9219, Winter White (Std)
Chassis schematic N/A
1 Proposal: 15902-01
Page 70 of 262
Vehicle Specifications September 10, 2024
2026 HV507 SFA (HV507)
Code Description F/R Wt Tot Wt
(lbs) (lbs)
HV50700 Base Chassis, Model HV507 SFA with 183.00 Wheelbase, 108.00 CA, and 75.00 5957/3683 9640
Axle to Frame.
1570 TOW HOOK, FRONT (2) Frame Mounted 8/0 8
1ANA AXLE CONFIGURATION {Navistar} 4x2 52/-111 -59
Notes
: Pricing may change if axle configuration is changed.
1CGE FRAME RAILS Heat Treated Alloy Steel (125,000 PSI Yield); 11.25" x 4.00" x 233/594 827
0.500" (285.75mm x 101.6mm x 12.7mm); 480.8" (12212mm) Maximum OAL
1LLK BUMPER, FRONT Omit Item -87/12 -75
1WDS FRAME EXTENSION, FRONT Integral; 20" In Front of Grille 139/-34 105
1WDU CROSSMEMBER, FRONT for Hydraulic Pump, Mounting Flange to Accommodate 41/4 45
Pump
1WEV WHEELBASE RANGE 146" (370cm) Through and Including 195" (495cm) 217/-217 0
2ARU AXLE, FRONT NON-DRIVING {Meritor MFS-16-143A} Wide Track, I-Beam Type, 148/0 148
16,000-lb Capacity
3ADE SUSPENSION, FRONT, SPRING Parabolic Taper Leaf, Shackle Type, 16,000-lb 44/0 44
Capacity, with Shock Absorbers
4091 BRAKE SYSTEM, AIR Dual System for Straight Truck Applications 0/0 0
Includes
: BRAKE LINES Color and Size Coded Nylon
: DRAIN VALVE Twist-Type
: GAUGE, AIR PRESSURE (2) Air 1 and Air 2 Gauges; Located in Instrument
Cluster
: PARKING BRAKE CONTROL Yellow Knob, Located on Instrument Panel
: PARKING BRAKE VALVE For Truck
: QUICK RELEASE VALVE On Rear Axle for Spring Brake Release: 1 for 4x2, 2
for 6x4
: SPRING BRAKE MODULATOR VALVE R-7 for 4x2, SR-7 with relay valve for
6x4/8x6
4732 DRAIN VALVE {Berg} with Pull Chain, for Air Tank 0/0 0
4AZA AIR BRAKE ABS {Bendix AntiLock Brake System} 4-Channel (4 Sensor/4 0/0 0
Modulator) Full Vehicle Wheel Control System
4EBT AIR DRYER {Bendix AD-IP} with Heater 11/16 27
4EXU BRAKE CHAMBERS, REAR AXLE {Bendix EverSure} 30/30 SqIn Spring Brake 0/7 7
4EXV BRAKE CHAMBERS, FRONT AXLE {Bendix} 24 SqIn 4/0 4
4GBM BRAKE, PARKING Manual Push-Pull Pneumatic Parking Brake 1/0 1
4LAG SLACK ADJUSTERS, FRONT {Gunite} Automatic 14/0 14
4LGG SLACK ADJUSTERS, REAR {Gunite} Automatic 0/14 14
4SPA AIR COMPRESSOR {Cummins} 18.7 CFM 0/0 0
4VHZ AIR TANK LOCATION (2) Mounted Under Cab, Outside Left Rail, on Step Bracket, 37/18 55
with Ground Clearance
4VKC AIR DRYER LOCATION Mounted Inside Left Rail, Back of Cab 13/8 21
2 Proposal: 15902-01
Page 71 of 262
Vehicle Specifications September 10, 2024
2026 HV507 SFA (HV507)
Code Description F/R Wt Tot Wt
(lbs) (lbs)
4WBX DUST SHIELDS, FRONT BRAKE for Air Cam Brakes 10/0 10
4WDM DUST SHIELDS, REAR BRAKE for Air Cam Brakes 0/10 10
4XDR BRAKES, REAR {Meritor 16.5X7 Q-PLUS CAST} Air S-Cam Type, Cast Spider, 0/52 52
Fabricated Shoe, Double Anchor Pin, Size 16.5" X 7", 23,000-lb Capacity per Axle
4XDT BRAKES, FRONT {Meritor 16.5X6 Q-PLUS CAST} Air S-Cam Type, Cast Spider, 33/0 33
Fabricated Shoe, Double Anchor Pin, Size 16.5" X 6", 23,000-lb Capacity
5710 STEERING COLUMN Tilting and Telescoping 16/3 19
5CAW STEERING WHEEL 4-Spoke; 18" Dia., Black 0/0 0
5PTB STEERING GEAR (2) {Sheppard M100/M80} Dual Power 101/-5 96
6DGG DRIVELINE SYSTEM {Dana Spicer} 1710, for 4x2/6x2 5/23 28
7BEU AFTERTREATMENT COVER Aluminum 8/3 11
7BMB EXHAUST SYSTEM Horizontal Aftertreatment System, Frame Mounted Right Side 122/42 164
Under Cab, for Single Vertical Tail Pipe, Frame Mounted Right Side Back of Cab,
for Improved Ground Clearance
7WBU EXHAUST HEIGHT 11' 6" 18/13 31
7WDN MUFFLER/TAIL PIPE GUARD (1) Aluminum 9/7 16
7WDT TAIL PIPE (1) Straight Type 5/4 9
8000 ELECTRICAL SYSTEM 12-Volt, Standard Equipment 0/0 0
Includes
: DATA LINK CONNECTOR For Vehicle Programming and Diagnostics In Cab
: HAZARD SWITCH Push On/Push Off, Located on Instrument Panel to Right of
Steering Wheel
: HEADLIGHT DIMMER SWITCH Integral with Turn Signal Lever
: PARKING LIGHT Integral with Front Turn Signal and Rear Tail Light
: STARTER SWITCH Electric, Key Operated
: STOP, TURN, TAIL & B/U LIGHTS Dual, Rear, Combination with Reflector
: TURN SIGNAL SWITCH Self-Cancelling for Trucks, Manual Cancelling for
Tractors, with Lane Change Feature
: WINDSHIELD WIPER SWITCH 2-Speed with Wash and Intermittent Feature (5
Pre-Set Delays), Integral with Turn Signal Lever
: WINDSHIELD WIPERS Single Motor, Electric, Cowl Mounted
: WIRING, CHASSIS Color Coded and Continuously Numbered
8695 SNOW SHIELD (2) Chrome; for Dual Air Horns 2/0 2
8718 POWER SOURCE Cigar Type Receptacle without Plug and Cord 1/0 1
8GGG ALTERNATOR {Delco Remy 36SI} Brushless, 12 Volt, 165 Amp Capacity, Pad 7/0 7
Mount, with Remote Sense
8HAB BODY BUILDER WIRING Back of Day Cab at Left Frame or Under Sleeper, 2/0 2
Extended or Crew Cab at Left Frame; Includes Sealed Connectors for Tail/Amber
Turn/Marker/ Backup/Accessory Power/Ground and Sealed Connector for Stop/
Turn
8HAH ELECTRIC TRAILER BRAKE/LIGHTS Accommodation Package to Rear of Frame; 0/2 2
for Combined Trailer Stop, Tail, Turn, Marker Light Circuits; Includes Electric Trailer
Brake Accommodation Package with Cab Connections for Mounting Customer
Installed Electric Brake Unit, Less Trailer Socket
3 Proposal: 15902-01
Page 72 of 262
Vehicle Specifications September 10, 2024
2026 HV507 SFA (HV507)
Code Description F/R Wt Tot Wt
(lbs) (lbs)
8HXT HORN, AIR (2) Single Tone, Chrome, Roof Mounted, with Lanyard Pull Cord 0/0 0
8MSG BATTERY SYSTEM {Fleetrite} Maintenance-Free, (3) 12-Volt 1980CCA Total, Top 25/28 53
Threaded Stud
8RMV SPEAKERS (2) 6.5" Dual Cone Mounted in Doors 5/0 5
8RPR ANTENNA for Increased Roof Clearance Applications 1/0 1
8RPT RADIO AM/FM/WB/Clock/USB Input/Auxiliary Input 3/0 3
8THJ AUXILIARY HARNESS 3.0' for Auxiliary Front Head Lights and Turn Signals for 2/0 2
Front Plow Applications
8VAY HORN, ELECTRIC Disc Style 0/0 0
8VUJ BATTERY BOX Steel, with Plastic Cover, 18" Wide, 2-4 Battery Capacity, Mounted -34/11 -23
Right Side Back of Cab
8WGL WINDSHIELD WIPER SPD CONTROL Force Wipers to Slowest Intermittent Speed 0/0 0
When Park Brake Set and Wipers Left on for a Predetermined Time
8WPH CLEARANCE/MARKER LIGHTS (5) {Truck Lite} Amber LED Lights, Flush 0/0 0
Mounted on Cab or Sunshade
8WPZ TEST EXTERIOR LIGHTS Pre-Trip Inspection will Cycle all Exterior Lamps Except 0/0 0
Back-up Lights
8WRB HEADLIGHTS ON W/WIPERS Headlights Will Automatically Turn On if Windshield 0/0 0
Wipers are Turned On
8WTK STARTING MOTOR {Delco Remy 38MT Type 300} 12 Volt, Less Thermal Over- 8/1 9
Crank Protection
8WWJ INDICATOR, LOW COOLANT LEVEL with Audible Alarm 0/0 0
8WXD ALARM, PARKING BRAKE Electric Horn Sounds in Repetitive Manner When 0/0 0
Vehicle Park Brake is "NOT" Set, with Ignition "OFF" and any Door Opened
8XAH CIRCUIT BREAKERS Manual-Reset (Main Panel) SAE Type III with Trip 0/0 0
Indicators, Replaces All Fuses
8XJE TURN SIGNALS, FRONT Dual Face, LED, Amber/Amber, Mounted on Top of 0/0 0
Fender, Used with Standard Flush Mounted Front Turn Signal, Side Marker Lamps,
Parking Lights and Reflectors
8XNZ HEADLIGHTS Halogen, with Daytime Running Lights 0/0 0
9AAB LOGOS EXTERIOR Model Badges 0/0 0
9AAE LOGOS EXTERIOR, ENGINE Badges 0/0 0
9HAN INSULATION, UNDER HOOD for Sound Abatement 10/0 10
9HBM GRILLE Stationary, Chrome 0/0 0
9HBN INSULATION, SPLASH PANELS for Sound Abatement 2/0 2
9WBC FRONT END Tilting, Fiberglass, with Three Piece Construction, for WorkStar/HV 0/0 0
10060 PAINT SCHEMATIC, PT-1 Single Color, Design 100 0/0 0
Includes
: PAINT SCHEMATIC ID LETTERS "WK"
10761 PAINT TYPE Base Coat/Clear Coat, 1-2 Tone 0/0 0
4 Proposal: 15902-01
Page 73 of 262
Vehicle Specifications September 10, 2024
2026 HV507 SFA (HV507)
Code Description F/R Wt Tot Wt
(lbs) (lbs)
10AGB COMMUNICATIONS MODULE Telematics Device with Over the Air Programming; 1/0 1
Includes Five Year Data Plan and International 360
10SLV PROMOTIONAL PACKAGE Government Silver Package 0/0 0
10UAV VEHICLE REGISTRATION IDENTITY ID for Non CARB Omnibus/Non ACT 0/0 0
Adopting State or Exempt Vehicle << Contains non-mitigated legacy engine & must
be registered outside the States of CA/MA/OR unless exempt.You may be held
liable under CA/MA/OR law for failure to properly register/otherwise failing to follow
CA/MA/OR law>>
Notes
: CANNOT BE REGISTERED IN CA, OR, MA. For vehicles that will be registered
in States other than CA, OR, MA.
11001 CLUTCH Omit Item (Clutch & Control) 0/0 0
12703 ANTI-FREEZE Red, Extended Life Coolant; To -40 Degrees F/ -40 Degrees C, 0/0 0
Freeze Protection
12851 PTO EFFECTS, ENGINE FRONT Less PTO Unit, Includes Adapter Plate on 10/0 10
Engine Front Mounted
12EYX ENGINE, DIESEL {Cummins L9 330} EPA 2024, 330HP @ 2200 RPM, 1000 lb-ft 560/4 564
Torque @ 1200 RPM, 2200 RPM Governed Speed, 330 Peak HP (Max)
12THT FAN DRIVE {Horton Drivemaster} Two-Speed Type, Direct Drive, with Residual 0/0 0
Torque Device for Disengaged Fan Speed
Includes
: FAN Nylon
12UWZ RADIATOR Aluminum, Cross Flow, Front to Back System, 1228 SqIn, with 1167 23/-5 18
SqIn Charge Air Cooler, Includes In-Tank Oil Cooler
Includes
: DEAERATION SYSTEM with Surge Tank
: HOSE CLAMPS, RADIATOR HOSES Gates Shrink Band Type; Thermoplastic
Coolant Hose Clamps
: RADIATOR HOSES Premium, Rubber
12VAG AIR CLEANER Single Element, with Integral Snow Valve and In-Cab Control 2/0 2
12VKC EMISSION, CALENDAR YEAR {Cummins L9} EPA, OBD and GHG Certified for 0/0 0
Calendar Year 2025
12VXT THROTTLE, HAND CONTROL Engine Speed Control; Electronic, Stationary, 0/0 0
Variable Speed; Mounted on Steering Wheel
12WVG EPA IDLE COMPLIANCE Low NOx Idle Engine, Complies with EPA Clean Air 0/0 0
Regulations; Includes "Certified Clean Idle" Decal on Hood
12WZE CARB IDLE COMPLIANCE Does Not Comply with California Clean Air Idle 0/0 0
Regulations
12XBM ENGINE CONTROL, REMOTE MOUNTED Provision for; Includes Wiring for Body 0/0 0
Builder Installation of PTO Controls and Starter Lockout, with Ignition Switch
Control, for Cummins B6.7 and L9 Engines
12XCS CARB EMISSION WARR COMPLIANCE Does Not Comply with CARB Emission 0/0 0
Warranty
5 Proposal: 15902-01
Page 74 of 262
Vehicle Specifications September 10, 2024
2026 HV507 SFA (HV507)
Code Description F/R Wt Tot Wt
(lbs) (lbs)
13BDR TRANSMISSION, AUTOMATIC {Allison 3500 RDS} 6th Generation Controls, Wide 208/75 283
Ratio, 6-Speed with Double Overdrive, with PTO Provision, Less Retarder, Includes
Oil Level Sensor, with 80,000-lb GVW and GCW Max, On/Off Highway
13WET TRANSMISSION SHIFT CONTROL Column Mounted Stalk Shifter, Not for Use 1/0 1
with Allison 1000 & 2000 Series Transmission
13WLP TRANSMISSION OIL Synthetic; 29 thru 42 Pints 0/0 0
13WUC ALLISON SPARE INPUT/OUTPUT for Rugged Duty Series (RDS) and Regional 0/0 0
Haul Series (RHS), General Purpose Trucks, Construction, Package Number 223
13WVV NEUTRAL AT STOP Allison Transmission Shifts to Neutral When Service Brake is 0/0 0
Depressed and Vehicle is at Stop; Remains in Neutral Until Service Brake is
Released
13WYH TRANSMISSION TCM LOCATION Located Inside Cab 0/0 0
13WYU SHIFT CONTROL PARAMETERS {Allison} 3000 or 4000 Series Transmissions, 0/0 0
Performance Programming
13XAN PTO LOCATION Customer Does Not Intend to Install PTO 0/0 0
14051 AXLE, REAR, SINGLE {Meritor RS-23-160} Single Reduction, 23,000-lb Capacity, 0/215 215
200 Wheel Ends . Gear Ratio: 6.43
14SAL SUSPENSION, REAR, SINGLE 31,000-lb Capacity, Vari-Rate Springs, with 4500- 0/207 207
lb Capacity Auxiliary Multileaf Springs
15LNS FUEL/WATER SEPARATOR {Racor 400 Series} 12 VDC Electric Heater, Includes -1/-4 -5
Pre-Heater, with Primer Pump, Includes Water-in-Fuel Sensor, Mounted on Engine
15SSC FUEL TANK Temporary, Top Draw, Non-Polished Aluminum, D-Style, 16" Tank 22/4 26
Depth, 50 US Gal (189L), Mounted Left Side, Back of Cab
15WDG DEF TANK 7 US Gal (26L) Capacity, Frame Mounted Outside Left Rail, Under Cab 0/0 0
16030 CAB Conventional, Day Cab 0/0 0
16BAM AIR CONDITIONER with Integral Heater and Defroster 0/0 0
16GED GAUGE CLUSTER Base Level; English with English Electronic Speedometer 0/0 0
Includes
: GAUGE CLUSTER DISPLAY: Base Level (3" Monochromatic Display), Premium
Level (5" LCD Color Display); Odometer, Voltmeter, Diagnostic Messages, Gear
Indicator, Trip Odometer, Total Engine Hours, Trip Hours, MPG, Distance to Empty/
Refill for
: GAUGE CLUSTER Speedometer, Tachometer, Engine Coolant Temp, Fuel
Gauge, DEF Gauge, Oil Pressure Gauge, Primary and Secondary Air Pressure
: WARNING SYSTEM Low Fuel, Low DEF, Low Oil Pressure, High Engine Coolant
Temp, Low Battery Voltage (Visual and Audible), Low Air Pressure (Primary and
Secondary)
16HGH GAUGE, OIL TEMP, AUTO TRANS for Allison Transmission 1/0 1
16HKT IP CLUSTER DISPLAY On Board Diagnostics Display of Fault Codes in Gauge 0/0 0
Cluster
16JNV SEAT, DRIVER {National 2000} Air Suspension, High Back with Integral Headrest, 0/0 0
Cloth, Isolator, 1 Chamber Lumbar, 2 Position Front Cushion Adjust, -3 to +14
Degree Back Angle Adjust
6 Proposal: 15902-01
Page 75 of 262
Vehicle Specifications September 10, 2024
2026 HV507 SFA (HV507)
Code Description F/R Wt Tot Wt
(lbs) (lbs)
16SEE GRAB HANDLE, EXTERIOR Chrome, Towel Bar Type, with Anti-Slip Rubber 3/0 3
Inserts, for Cab Entry Mounted Left Side at B-Pillar
16SMM SEAT, PASSENGER {National} Non Suspension, High Back, Fixed Back, Integral 15/8 23
Headrest, Cloth
16SNM MIRRORS (2) C-Loop, Heated, Black Heads and Arms, 7.5" x 14" Flat Glass, 0/0 0
Includes 7.5" x 7" Convex Mirrors, for 102" Load Width
Notes
: Mirror Dimensions are Rounded to the Nearest 0.5"
16VKB CAB INTERIOR TRIM Classic, for Day Cab 0/0 0
Includes
: CONSOLE, OVERHEAD Molded Plastic with Dual Storage Pockets, Retainer
Nets and CB Radio Pocket; Located Above Driver and Passenger
: DOME LIGHT, CAB Door Activated and Push On-Off at Light Lens, Timed Theater
Dimming, Integral to Overhead Console, Center Mounted
: SUN VISOR (2) Padded Vinyl; 2 Moveable (Front-to-Side) Primary Visors, Driver
Side with Toll Ticket Strap
16VLV MONITOR, TIRE PRESSURE Omit -9/-2 -11
16VSL WINDSHIELD Heated, Single Piece 0/0 0
16WBY ARM REST, RIGHT, DRIVER SEAT 3/0 3
16WLS FRESH AIR FILTER Attached to Air Intake Cover on Cowl Tray in Front of 0/0 0
Windshield Under Hood
16WSK CAB REAR SUSPENSION Air Bag Type 0/0 0
16XCK WINDOW, MANUAL (2) and Manual Door Locks, Left and Right Doors 0/0 0
16XJN INSTRUMENT PANEL Flat Panel 0/0 0
16XXC COWL TRAY LID 7/4 11
16ZBT ACCESS, CAB Steel, Driver & Passenger Sides, Two Steps per Door, for use with 0/0 0
Day Cab and Extended Cab
27DUK WHEELS, FRONT {Accuride 29169} DISC; 22.5x8.25 Rims, Powder Coat Steel, 12/0 12
5-Hand Hole, 10-Stud, 285.75mm BC, Hub-Piloted, Flanged Nut, with .472" Thick
Increased Capacity Disc and Steel Hubs
28DUK WHEELS, REAR {Accuride 29169} DUAL DISC; 22.5x8.25 Rims, Powder Coat 0/24 24
Steel, 5-Hand Hole, 10-Stud, 285.75mm BC, Hub-Piloted, Flanged Nut, with .472"
Thick Increased Capacity Disc and Steel Hubs
60AAG BDY INTG, REMOTE POWER MODULE Mounted Inside Cab Behind Driver Seat, 0/0 0
Up to 6 Outputs & 6 Inputs, Max 20 amp per Channel, Max 80 amp Total; Includes
1 Switch Pack with Latched Switches
7372138137 (4) TIRE, REAR 11R22.5 Load Range G FUEL MAX RTD (GOODYEAR), 495 rev/ 0/-8 -8
mile, 75 MPH, Drive
7382135438 (2) TIRE, FRONT 11R22.5 Load Range H HSC 3 (CONTINENTAL), 496 rev/mile, 12/0 12
68 MPH, All-Position
Cab schematic 100WK
Location 1: 9219, Winter White (Std)
Chassis schematic N/A
7 Proposal: 15902-01
Page 76 of 262
Vehicle Specifications September 10, 2024
2026 HV507 SFA (HV507)
Code Description F/R Wt Tot Wt
(lbs) (lbs)
Services Section:
40128 WARRANTY Standard for HV507, HV50B, HV607 Models, Effective with Vehicles 0/0 0
Built July 1, 2017 or Later, CTS-2025A
40TWA SRV CONTRACT, EXT ALLISON XMSN {Allison} To 60-Month/Unlimited Miles/ 0/0 0
km, for Allison 3500 RDS with Dump Truck or Mixer Vocations (ST01, ST06, ST07)
40YAP SRV CONTRACT, EXT VEH COVERAGE {Navistar} To 60-Month/100,000 Miles 0/0 0
(160,000 km), Excludes Extended Warranty for Engine and Transmission
40YYX SRV CONTRACT, EXT CMMS ENGINE {Cummins} To 60-Month/100,000 Miles 0/0 0
(160,000 km), Extended Cummins L9 Engine Coverage, Protection Plan 1
Total Component Weight: 8063/4710 12773
(lbs) (lbs)
(lbs) (lbs)
The weight calculations included in this proposal are an estimate of future vehicle weight. The actual weight as manufactured may be
different from the estimated weight. Navistar, Inc. shall not be liable for any consequences resulting from any differences between the
estimated weight of a vehicle and the actual weight.
8 Proposal: 15902-01
Page 77 of 262
Financial Summary September 10, 2024
2026 HV507 SFA (HV507)
(US DOLLAR)
Description Price
Factory List Prices:
Product Items $156,381.00
Service Items $8,424.00
Total Factory List Price Including Options: $164,805.00
Freight $3,100.00
Total Freight: $3,100.00
Total Factory List Price Including Freight: $167,905.00
Less Customer Allowance: ($59,286.22)
Total Vehicle Price: $108,618.78
Total Sale Price: $108,618.78
Total Per Vehicle Sales Price: $108,618.78
Total Net Sales Excluding Taxes: $108,618.78
DOC FEE $295.00
MICHIGAN TITLE FEE $15.00
Total License, Title, & Taxes: $310.00
Net Sales Price: $108,928.78
Please feel free to contact me regarding these specifications should your interests or needs change. I am confident you will be
pleased with the quality and service of an International vehicle.
Approved by Seller: Accepted by Purchaser:
Official Title and Date Firm or Business Name
Authorized Signature Authorized Signature and Date
This proposal is not binding upon the seller without
Seller's Authorized Signature
Official Title and Date
The TOPS FET calculation is an estimate for reference purposes only. The seller or retailer is responsible for calculating
and reporting/paying appropriate FET to the IRS.
The limited warranties applicable to the vehicles described herein are Navistar, Inc.'s standard printed warranties which
are incorporated herein by reference and to which you have been provided a copy and hereby agree to their terms and
conditions.
9 Proposal: 15902-01
Page 78 of 262
Truck & Trailer Specialties
3286 Hanna Lake Ind. Park Dr.
Dutton, MI. 49316
Phone 616-698-8215, Fax 616-698-0972
Quote No. DQO005100
City of Muskegon
Attn: Joe Buckingham
Phone: (231)-855-0328
October 8, 2024
State Contract Hyperlink No: 200000000034
Equipment Quotation
Chassis info: 2025, HV-507, International, Single Axle, 108” CA, 9L Cummins, Allison
Supply and install 10’ Crysteel Select stainless steel dump body including:
Body: 10’ L 84” I.D. 96” O.D.
Front style: straight, height 50”, material 7ga. 201 SS
1/4 Cabshield: 7 ga. 201 SS 16” long
13” deep x 13.25” wide doghouse
Side height: 26” front/rear, material 7 ga. 201 SS
8” side to floor radius
Horizontal formed “V” side braces
Lower side rails: 2” flat
Rear style: straight, height 32”, material 7 ga. 201 SS
6 panel tailgate, 3-1/2” thick
Install brake chamber type tailgate release
Manual tailgate push/pull control installed on in-cab center console
Floor material 1/4” AR450
8” Western I-beam understructure
Body is to be 100% continuously welded
Chain slot bracket to be Banjo type
Two oval light hole cut-outs in each rear pillar, rear facing
16” stainless steel grip steps mounted each side of dump body (three total) one above drive
tires (on each side), and one at front side of dump body (street side only)
Heavy-duty mud flaps mounted front and rear of drive tires
Install 4 stainless steel winches on the side of the dump body
Install Mailhot model G490-4.25-3 DA telescopic hoist including:
Double acting trunnion mounted hoist
Dual body props
Greaseable rear hinge
Install Roll-Rite Tarp system including:
High torque electric motor with aluminum wind deflector
Aluminum tarp and tension bow sets
3 spring externally mounted pivot arm set
Tarp arms to have 30-degree elbows for loader clearance
16’ asphalt tarp cover
Install Monroe Model MS4510 Underbody Scraper including the following:
Moldboard is 10’ long, 1” thick and 20” high
1
Page 79 of 262
Truck & Trailer Specialties
3286 Hanna Lake Ind. Park Dr.
Dutton, MI. 49316
Phone 616-698-8215, Fax 616-698-0972
Quote No. DQO005100
Cylinders provide a hydraulic lock for holding the moldboard in place while in use. A
crossover relief valve shall be furnished
The cylinder rods are 2” in diameter and have a Socatri or Nimet finish
All scraper cylinders have poly Pak seals
The cylinders are mounted with 2” pivot pins
Center pin is piloted into the hanger board
The hanger brackets are one-piece solid 3/4” plate
Hinge shaft to have 4 grease points
Hydraulic stainless-steel tubing for actuating cylinders externally mounted for
Maintenance ease
Cutting edges are 3/4” x 6” curved single bevel, flame hardened
J-50 relief valve to limit scraper down pressure
Scraper has Black powder coat finish
No Serrated step mounted on driver side of scraper
No grease line manifold kit required
Scraper down pressure gauge mounted in console
Install 34” Husting-type Front Hitch with roller pins including the following:
12” structural C-channel front bumper with swept-back ends
Double acting Socatri or Nimet lift cylinder
Hitch is bolted to front bumper
All necessary braces/supports for front plow use
Remount factory front tow hooks on kicker legs
Install two chain hooks on top of front bumper, one each side, positioned
approximately 6” either side of front hitch
Front plow power reverse circuit – No cushion valve,
Cushion valve is on Muskegon City plow side
Install two Parker SH3-63 fittings through lower portion of the front bumper for
use with City of Muskegon supplied front plow – see picture
Install plow lights on aluminum bracketry mounted on hood, 74” ground to top of
passenger side bracket, 68” ground to top of driver side bracket
Behind the cab Monroe combination fuel, hydraulic tank, with built in valve enclosure:
Model #00166450
201 stainless steel construction
100-gallon fuel oil capacity, 35-gallon hydraulic oil
Fuel/hydraulic tank/ valve enclosure is 1-piece construction, 7 ga. stainless steel
Hydraulic valve enclosure built into left side of tank
Valve enclosure has a weather tight door
Low oil sensor in hydraulic tank and wired to a red indicator light on the dash
Top of the tank Zinga return line filter
Ball valve shut off on case drain and supply ports
Sight and temperature gauge
Hydraulic tank will be filled with AW32 hydraulic oil
Bar grating top step on streetside, extending from front fender to rear of tank
Install stainless steel J-hook on streetside rear corner of tank
Install Central Hydraulic system including:
Rexroth 74cc load sensing front-mount piston pump, model A10V074, 5.2 CID
2
Page 80 of 262
Truck & Trailer Specialties
3286 Hanna Lake Ind. Park Dr.
Dutton, MI. 49316
Phone 616-698-8215, Fax 616-698-0972
Quote No. DQO005100
Manual ball-valve shutoff installed at the pump
Pump to have flange adapters on both the supply and pressure ports
Drive line will be a Spicer 1310 series, with companion flange for easy removal
Install Rexroth 7M4-12 valve, manifold design including the following functions:
4-way air operated section for Hoist with A port LSR, 34 GPM
4-way air operated section for Scraper up/down with A port LSR, 16 GPM
4-way air operated section for Scraper swing, 16 GPM
4-way air operated section for Front plow up/down, 16 GPM
4-way air operated section for Front plow swing, 16 GPM
3-way EPC section for conveyor, 15 GPM
3-way EPC section for spinner, 8 GPM
Hydraulic valve mounted inside Combo tank built in stainless-steel valve enclosure
8-port return manifold
All high-pressure hose will be Parker type
Lines to the rear shall be ran with stainless steel piping
Stainless steel hydraulic quick disconnect at the rear for spreader use
Note: Return couplers at rear to be male fittings per Aaron
Single axis Apsco Air controls installed front to back on custom center console including:
Controls to operate side to side, not front to rear:
Front handle: Plow - left/right
Plow - down/up
Hoist - down/up (with detent)
Scraper - left/right
Scraper - down/up
Note: Apsco control levers to start as close as possible to the front of the console
Install Bosch Rexroth model CS630 spreader controller including the following:
5.5” organic LED display
On-screen display of storm and season totals
3 frequency inputs (ground speed, conveyor, liquid)
3rd channel used for cross auger in this application
3 proportional, current compensated PWM outputs (programmable dither frequency)
For spinner, conveyor, and liquid
2 digital outputs (reverse, air gate, GS12V)
USB key or password-protected calibration value
Operating parameters and event data can be retrieved by a USB memory stick
Automatic nulling and material calibration (with closed loop version only)
Set up for open loop
Remote pause blast
Adjustable blast setting
Solenoid and cable failure detection
Firmware upgradable via USB
Controller mounted on the console between the seats
Install pause/blast remote switch below Rexroth Sander controller
Feedback sensor cable run to rear of truck for closed loop operations,
3
Page 81 of 262
Truck & Trailer Specialties
3286 Hanna Lake Ind. Park Dr.
Dutton, MI. 49316
Phone 616-698-8215, Fax 616-698-0972
Quote No. DQO005100
truck side weather pack connector needs to be female
Note: City uses the 630’s 3 rd channel to control the
12-volt operated prewet. No hydraulic valve or plumbing is necessary
Install custom lighting and electrical including the following:
Front plow lights with turn signals mounted on the hood with aluminum brackets,
68” from ground to top of plow light bracket on the driver side
74” from ground to top of plow light bracket on the passenger side
Install City of Muskegon provided strobe and mounting bracket, including:
10’ of 1” stainless steel pipe
8” of 3/16” x 2” stainless steel flat stock
20’ Betts 3-strand wire
3-pin weather pack connector
Two oval light hole cutouts in rear pillars of dump body to house one each side:
Top position: SoundOff LED amber/green flashers
Bottom position: SoundOff LED stop/turn/taillights
Four (4) Maxxima LED work lights for underbody scraper, two each side
Two (2) Maxxima LED work lights mounted below bottom rear sill panel under tailgate
for spreader, one each side, these lights are also to be wired to come on with the
back-up lights, includes install diodes to prevent feedback
All marker lights to be SoundOff LED’s, no three-light cluster at rear
Betts junction box installed at the rear
Back-up alarm, with weather pack connector for future replacement
Install electronic brake controller
Rexroth PWS AMP converter box #R987376706 – required for 12-volt signal needed to
operate prewet motor
Chassis supplied upfitter switches to include the following from left to right:
All chassis supplied upfitter switches to be wired to keyed/ignition power
All chassis supplied upfitter switches wired to rear junction box
-Beacon light (Wire so the top strobe/beacon light flashes amber only when turned on)
-Rear strobe (Wire so when rear strobes are turned on, the top strobe/beacon light will flash
amber/green)
-Spreader light
-Scraper light
-Spare
Heavy Duty 3/4” rear hitch plate mounted at rear of truck includes
Heavy 3/4” hitch plate mounted at rear reinforced with 1/2” heavy flat stock on sides
Install 6” Channeled ICC style bumper bottom side of hitch plate
3/4” D-Rings
No Pintle hitch – City of Muskegon to provide and install at a later date
Drill 8-10 holes in rear hitch plate (4-5 each side) for future pintle hitch, main holes located
so valley of pintle hitch to ground is 22”, with adjustments available above and below
Install factory provided 7-way trailer plug, right side
Install green 7-way round trailer plug, left side, wired as follows:
Black – strobe
White – ground
Brown – tail
Blue – aux lights in cab switch
Yellow – left turn
4
Page 82 of 262
Truck & Trailer Specialties
3286 Hanna Lake Ind. Park Dr.
Dutton, MI. 49316
Phone 616-698-8215, Fax 616-698-0972
Quote No. DQO005100
Red – not used
Green – right turn
Install OEM taillights outside of rear frame rails
Couplers for spreader operation to be installed between the hinge and hitch plate
Chassis modifications:
Relocate the chassis provided air drier from inside of the chassis frame to the
Outside of the chassis frame so it is accessible
Paint: underside of dump body and hitch area to be painted Black in color
Above Installed Price: $93,882.00 ea.
Option #1 Supply and install Monroe MCV slide in dual auger V-Box spreader including:
Quote No. DQO005102
1’ Sloped front with doghouse cutout
10’ long x 84” wide x 50” tall
10 ga. 201 stainless steel hopper with 45-degree sides
10 ga. gussets on 24” centers
7 ga. long members with 3” channel crossmembers
7 ga. stainless steel bolt-on tail section, 24” long
10 ga. bolt-on rear cover for dual auger application
4 lifting loops
Bolt-in 7 ga. stainless steel formed auger trough
Dual auger drive kit
White hydraulic motors
Application rate sensor on one motor
7” O.D. steel step-flighted augers
Hard surfaced auger flights
Outer surface of auger flights will have a Rockwell hardness of 55
2” four-bolt bearings on the idler end
Grease line kit from front to rear
Adjustable inverted “V” mounted above augers
Bolt-on mild steel rod top grates, powder coated black in color
Structural channel stainless-steel tail gate latch with 1-1/4” pins
Fabricate and install bolt-on stainless steel front spill shield at the front of the V-box,
includes fabricate and install cover for doghouse cutout
Install rubber spill shield kit on each side of the V-box, includes stainless steel mounting
hardware
Plumb v-box with stainless steel quick couplers for easy removal
Supply uninstalled Monroe bolt-on style stainless steel center spinner assembly including:
10 ga. 201 stainless steel construction
Bolt-on upper chute assembly with rubber wiper
Bolt on lower chute with 20” poly spinner disc
3.2 CID White motor plumbed with stainless steel quick couplers
Install 12-volt Monroe Pre-Wet System for Above Slide In V-Box spreader including:
Monroe LDS-333 12-volt prewet system
3gpm SHURFLO liquid pump
No flowmeter
Two 75-gallon poly tanks
Stainless steel tank mounting brackets w/ straps
5
Page 83 of 262
Truck & Trailer Specialties
3286 Hanna Lake Ind. Park Dr.
Dutton, MI. 49316
Phone 616-698-8215, Fax 616-698-0972
Quote No. DQO005100
Two 1gpm brass nozzles with strainer
One nozzle installed on each side of the spinner housing
Nema enclosure with stainless steel hardware
Cross over hose kit
Bulk fill kit
Flusher kit
Vent kit
Low fluid level sensor
Quick-disconnect prewet kit
V-box mounted lighting/electrical to include the following:
Two (2) 6’ oval SoundOff LED amber/green strobes installed in stainless steel one-hole
Light boxes to the rear of the V-box, see picture for mounting location
One (1) Maxxima LED work light for spinner installed to the streetside of the V-box tail section
Strobes and work lights to be wired to a 7-way plug and to utilize existing truck mounted
Trailer plug for power source
All wiring connections for the above lighting to be inside of the light boxes, no junction box
is needed
12-volt prewet wiring to have male Weather Pack connector
Above installed Price: $34,945.00 ea.
Lead time: 14-16 Months ARO (Chassis lead times may affect equipment lead times)
Payment Terms: Net 30
Pricing good for 30 days
Chassis Requirements:
108” Cab to Axle dimension
Minimum 60” After frame
Front crossmember for pump
Front of engine PTO provisions
Front frame Extensions
Stationary grille
Delete front bumper
Front tow hooks
Front plow light wire harness located by hood with switch in cab
24” minimum ground clearance
Temporary Fuel tank mounted left side as far reward as possible
DEF tank mounted under driver’s door behind rear fender
Engine Aftertreatment SCR located under cab passenger side
Vertical stack mounted right hand side back of cab
6-pack switches mounted in cab, minimum of 20 amps per switch
TCM mounted in cab
Dash mounted transmission selector
Trailer brake accommodation package
Thank you for the opportunity to quote
Submitted by: Chad Veenstra/Mike Bouwman
6
Page 84 of 262
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: Creation of a short-term rental
ordinance SECOND READING
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff-initiated request to amend Section 2314 of the zoning ordinance to create a short-term rental
ordinance.
Detailed Summary & Background:
The ordinance uses an overlay district approach, splitting the city up into 11 different zones. These
zones match the City of Muskegon census tracts. Census tract information was used to determine the
number of housing units in each zone. Each zone would be allowed up to 4% of the housing units as
short-term rentals. Areas within the Downtown Development Authority and Lakeside Business
Improvement District/Corridor Improvement Authority boundaries would be exempt from the cap on
the number of units. There would be no limit to the amount of short-term rentals in these areas.
Please see the enclosed Short-Term Renal Chart that depicts the number of units and short-term
rentals in each zone. At 4% of the units, Zone 1 would be over the limit by 39 short-term rentals. No
new short-term rentals would be allowed in Zone 1 until the number of short-term rentals dropped
below 34.
The Planning Commission held a public hearing on this request at a special meeting on Thursday,
September 26. The Planning Commission unanimously (5-0, with 4 members absent) voted to
recommend approval of the short-term rental ordinance, with the following conditions:
1. Amend Section 1(c) - exemptions - to also include the Lakeside Corridor Improvement Authority
along with the Lakeside Business Improvement District. Also, to clarify that these districts are exempt
from the caps, but not from registering as a short-term rental.
2. Remove Section 4 that would allow the transferring of licenses.
The City Commission voted on a revised version of the Planning Commission's recommendation at
the October 8 City Commission meeting. The ordinance, as voted by the City Commission on
October 8, is included in the packet.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Page 85 of 262
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move to approve the request to amend Section 2314 of the zoning ordinance to create a short-
term rental ordinance as presented.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review X
Page 86 of 262
Census Tract Housing STR’s Percentage of Number of Total STR’s Number of Total STR’s
Units Units Additional STR’s Allowed at Additional Allowed at
to get to 4% 4% STR’s to get 3%
to 3%
1 (Beachwood/Bluffton) 861 73 8.4% -39 34 -48 25
2 1724 61 3.5% 7 68 -10 51
(Lakeside/West Glenside)
3 1514 27 1.7% 33 60 18 45
(Nims)
4 1758 5 0.002% 65 70 47 52
(Campbell Field/East Glenside)
5 1992 5 0.002% 74 79 54 59
(Downtown/North Nelson/Jackson Hill)
6 643 0 0% 25 25 19 19
(South Nelson)
7 2023 4 0.002% 76 80 56 60
(Angell/Marsh Field)
8 1256 0 0% 50 50 37 37
(Angell)
9 2392 1 0.0004% 94 95 70 71
(Marquette/East of 31)
10 1939 1 0.0005% 76 77 57 58
(Oakview/Sheldon Park/Oakview)
11 346 0 0% 13 13 10 10
(East Muskegon)
Page 87 of 262
DRAFT
Short-Term Rental Zones
Page 88 of 262
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No.
THE CITY OF MUSKEGON HEREBY ORDAINS:
Sec. 2314. Short-Term Rental Overlay District.
A Short-Term Rental Overlay District is hereby created as outlined in Figure 23-3. Within said
overlay district, a certain number of short-term rentals are licensed in each zone pursuant to City
Code Sections 10-353 through 10-379. The zones were created using census tract information and
will be periodically reviewed to ensure that this ordinance reflects the appropriate balance of short-
term rentals among other use types.
1. Overlay District:
a. Location: See Figure 23-3 for the location of the overlay district, which is separated
into 11 different zones, each allowing their own maximum number of short-term
rentals.
b. Number of short-term rentals allowed per zone: A short-term rental must be located
in a unit designated for residential use. The number of short-term rentals allowed
in each zone is as follows:
Zone 1 – 34
Zone 2 – 68
Zone 3 – 60
Zone 4 – 70
Zone 5 – 79
Zone 6 – 25
Zone 7 – 80
Zone 8 – 50
Zone 9 – 95
Zone 10 – 77
Zone 11 – 13
c. Exemptions: Properties located within the Downtown Development Authority,
Lakeside Business Improvement District, and Lakeside Corridor Improvement
Authority boundaries are exempt from the short-term rental caps mentioned in
Section 1.b. of this Ordinance. There are no maximum number of short-term rentals
allowed within these areas.
1
Page 89 of 262
2. Restrictions:
a. Neighboring properties: No parcel within the City shall have more than two short-
term rentals abut its property lines.
3. Issuance of licenses:
a. All short-term rentals must be issued a short-term rental license to operate within
the City.
b. Upon adoption of this Ordinance, all active short-term rental license holders in good
standing with the City will be allowed to continue to operate their short-term rental
as long as they continue to renew their short-term rental license.
c. Remaining licenses: If any licenses are remaining in a zone, applications for short-
term rental licenses will be taken on a first come, first serve basis.
4. Transferring of licenses:
a. All short-term rental licenses terminate upon transfer of ownership of the property,
and may not be assigned or transferred, in whole or in part; provided, however, any
short-term rental license in effect at the time this Ordinance is adopted is eligible
for a one-time transfer of ownership to a new owner. For purposes of this
Ordinance, “transfer of ownership” has the meaning ascribed to it by MCL 211.27a
or any subsequent sections or statutes of the same import.
b. All short-term rental licenses issued after the adoption of this Ordinance are non-
transferable upon transfer of ownership of the property. In such cases, the existing
short-term rental license is terminated, and a new short-term rental license must be
obtained by the new owner of the property before short-term rentals may be
resumed at the property.
5. Expiration of Exemption Granted During Moratorium:
a. Any short-term rental exemptions issued by the city during the short-term rental
moratorium period that began on March 12, 2024 will expire and become invalid
on December 31, 2025 if such exemption is not exercised by that date.
2
Page 90 of 262
This Ordinance Adopted:
Ayes:
Nays:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: ______________________________
Ann Marie Meisch, MMC
Clerk, City of Muskegon
3
Page 91 of 262
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the day of , 2024 at which meeting a quorum was
present and remained throughout, and that the original of said ordinance is on file in the records
of the City of Muskegon. I further certify that the meeting was conducted, and public notice was
given, pursuant to, and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be, or have been made available as required thereby.
CITY OF MUSKEGON
Published: _________________, 2024 By:
Ann Marie Meisch, MCC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
4
Page 92 of 262
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on October ___, 2024 the City Commission of the City of Muskegon
adopted an amendment to Section 2314 “Short-Term Rental Overlay District”, summarized as
follows:
1. Section 2314 is adopted to create a short-term rental overlay district, whereby a certain
number of short-term rentals are licensed in each zone pursuant to City Code Sections
10-353 through 10-379. The zones were created using census tract information and will
be periodically reviewed to ensure that this ordinance reflects the appropriate balance
of short-term rentals among other use types.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, 49440 during regular business
hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
CITY OF MUSKEGON
Published: _________________, 2024 By:
Ann Marie Meisch, MCC
Clerk, City of Muskegon
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
5
Page 93 of 262
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: Amendment to the zoning ordinance -
definition of short-term rental SECOND READING
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
A definition for short-term rental in the zoning ordinance is necessary for the creation of a short-term
rental ordinance.
Detailed Summary & Background:
Proposed definition:
Short-Term Rental - A property in which a tenant is allowed to lease the dwelling unit, without a host,
for periods of less than 28 days but more than 24 hours in return for remuneration. A rental in which
the host resides on premises shall not be considered a short-term rental, but shall still register with the
city.
The Planning Commission unanimously (5-0, with 4 members absent) voted to recommend approval
of the definition of short-term rental.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move to approve the request to amend Article II of the zoning ordinance to create a definition for
short term rental as proposed.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Page 94 of 262
Information
Technology
Other Division Heads
Communication
Legal Review X
Page 95 of 262
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Article II (Definitions) of the zoning ordinance to create a definition for short-term
rental.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Short-Term Rental: A property in which a tenant is allowed to lease the dwelling unit, without a host, for
periods of less than 28 days but more than 24 hours in return for remuneration. A rental in which the host
resides on premises shall not be considered a short-term renal, but shall still register with the city.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 96 of 262
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 8th day of October 2024, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2024. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 97 of 262
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on October 8, 2024, the City Commission of the City of Muskegon adopted an
ordinance to create a zoning ordinance definition for short-term rental.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk
in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2024. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: Additional construction engineering services
for Adelaide Pointe
Submitted by: Todd Myers, Deputy Director of Department: Public Works
Public Works
Brief Summary:
Staff is requesting authorization to approve Contract Amendment No. 1 in the amount of $83,080 with
Eng. Engineering & Surveying for additional construction engineering services related to Adelaide
Pointe.
Detailed Summary & Background:
Eng. Engineering & Surveying was hired by the City to provide construction inspection services and
collect as-constructed documentation on the city's behalf for the infrastructure that is likely to
become public such as watermain, sanitary sewer and roadways, including a sanitary pump station.
Many aspects of this project have been somewhat fluid in nature with multiple changes to the utility
and roadway layout, modifications to the project schedule, multiple underground contractors,
numerous onsite meetings to evaluate conditions, etc. Efforts were also needed to accommodate
developer requests to meet intermediate milestones for events, a restaurant opening, boating
events, etc. All of these factors resulted in additional construction engineering and administration
costs. Eng. has requested this amendment to cover the additional costs associated with their work.
Staff recommends these additional services be approved, and commends Eng. for their efforts as an
invaluable partner to the City in making sure the public's interests are represented on site during this
crucial project.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Progress toward completion of ongoing economic development projects
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Progress toward new and ongoing
economic development projects
Amount Requested: Budgeted Item:
$83,080.00 Yes No X N/A
Fund(s) or Account(s): Budget Amendment Needed:
Sewer (590) 14%, Water (591) 20% & Local Streets Yes X No N/A
(203) 66%
Recommended Motion:
To authorize staff to approve Contract Amendment No. 1 in the amount of $83,080 with Eng.
Page 99 of 262
Engineering & Surveying for additional construction engineering services related to Adelaide Pointe.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 100 of 262
October 11, 2024
Mr. Dan VanderHeide, PE, Director
Department of Public Works
City of Muskegon
1350 Keating Ave.
Muskegon, MI 49442
RE: Contract Amendment No. 1
Adelaide Pointe Utility & Roadway Extension
Public Improvements
Dear Mr. VanderHeide:
As we discussed, this letter is a request for a contract amendment to include additional plan review,
construction engineering services, and expenses for the referenced project. The additional scope of work
includes additional construction engineering to oversee multiple construction crews throughout the site
working to complete the Adelaide Pointe Utility & Roadway Extension public improvements which are still
on-going.
The effort also involved ongoing plan reviews due to extensive changes to the drawings and specifications
was significant and not originally included within our original proposal. The additional plan reviews also
required the plotting of new construction drawings on countless occasions for our inspectors and City staff
to ensure the correct plans were being utilized by on-site inspectors and personnel during construction.
Our original proposal for construction duration was based upon a sole inspector for an assumed 60-week
construction duration at 50-hours per week which was originally intended for a multi-phased development
approach. The construction inspection, administration, and engineering supervision hours were based upon
these assumptions as requested in the original requests for proposal. The request for contract amendment
is being requested primarily due to the presence of multiple crews from Terra Contractors and Redline
Excavating, including subconsultants, throughout the site working on public improvements simultaneously
necessitating multiple construction observers.
The original construction budget was exceeded during our services through the end of April 2024. Although
the General Contractor is not willing to provide a schedule to completion, based on our best estimates, we
anticipate 10 additional weeks of construction timeframe to complete the remaining public utility and roadway
improvements with the following breakdown of additional fees:
Plan Reviews, Meetings, & Expenses: $25,000
Additional Construction Inspection: $46,000
Additional Construction Administration: $ 7,200
Additional Engineering Supervision: $ 4,880
TOTAL: $83,080.00
The contract amendment, if approved, would adjust our contract amount from $306,250 to $389,330.
Page 101 of 262
Thank you for your consideration of this request. If you need any additional information or documentation
to support this request, please let us know.
If this request meets with your approval, please sign and date it where indicated below to authorize the
contract amendment and return it to our office.
Sincerely,
Eng., Inc.
Ryan C. McEnhill, PE
President
Proposed Contract Amendment accepted by the City of Muskegon:
Authorized Signature Date
Printed Name Title
Page 102 of 262
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: Climate Action Plan contract
Submitted by: Peter Wills, Director of Department: Manager's Office
Governmental Relations
Brief Summary:
Staff is requesting authorization to enter into a contract with Fresh Coast Climate Solutions to prepare
a Government Operations Climate Action Plan for our organization. The Plan will be used to manage
Greenhouse Gas (GHG) risks and help identify targeted reduction opportunities with the goal of
eliminating the organization’s GHG emissions by 2040.
Detailed Summary & Background:
In April 2023, the City Commission passed a resolution declaring the city’s commitment to
climate action initiatives and to combat the impact of climate change on our community
and planet. The city intends to reduce its organizational GHG emissions through deliberative
budget, policy, and administrative actions.
In February 2024, a Government Operations Greenhouse Gas Inventory was completed.
Results of this Inventory are intended to inform the development of a Climate Action Plan.
Staff received (6) proposals and are recommending the services of Fresh Coast Climate
Solutions based on qualifications of team, scope of work, priced proposal, project
management, and location of the firm. Fresh Coast Climate Solutions has significant
experience conducting these services across the state (Sterling Heights, Ann Arbor, Dearborn,
Flint, Grand Haven), ability to complete the work plan on time, and offers a good value.
Bids received are as follows:
• $24,766.50 – GZA Geoenvironmental, Inc.
• $49,000 – Fresh Coast Climate Services
• $50,000 – Rafteslis
• $50,315 – EcoMotion
• $52,800 – Blue Strike
• $114,400 – Energy Sciences
The City has received approval of a $75,000 Community Energy Management Program grant
through EGLE. These funds will offset the cost of the contract. A budget amendment will be
required to account for both income from the grant and an expense related to the contract.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Action Item 4.5 Investigate options to improve environmental sustainability for projects within the city.
Page 103 of 262
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Amount Requested: Budgeted Item:
$49,000 Yes No X N/A
Fund(s) or Account(s): Budget Amendment Needed:
101-172-801 Yes X No N/A
Recommended Motion:
I move to authorize staff to contract with Fresh Coast Climate Solutions in the amount of $49,000 to
prepare a Climate Action Plan for our organization.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review
Page 104 of 262
City of Muskegon Bid Tabulation Form
Climate Action Plan RFP 2024
Date – 10/22/24 Employee – Peter Wills
Bidder #1 Bidder #2 Bidder #3 Bidder #4 Bidder #5 Bidder #6
Vendor GZA GeoEnvionmental EcoMotion Blue Strike Fresh Coast Climate Solutions Energy Sciences Raftelis
Address Grand Rapids Glendale, CA Monterey, CA Ann Arbor Berkley, MI Cincinnati, OH
Phone 734-779-2425 949-292-7314 781-439-9366 734-645-2875 734-748-5816 704-771-3998
Quoted By Rachel Libriani Ted Flanigan Rich Swanson Josh Brugeman Sue Josifoski Rocky Craley
Description Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total
Kickoff Meeting 3219 10910 2250 1750 20,450 14,500
Consult Gov Ops GHG Inv 1718 9720 2435 3500 55,590 26,500
Dev Gov Ops CAP 19,829 22885 + 6800 for travel 34115 + 14,000 fixed fees 43750 38,352 9000
TOTAL $24,766.50 $50,315 52,800 49,000 114,400 50,000
Staff Scoring Criteria AVG - 829 AVG - 516 AVG - 731 AVG - 819 AVG - 614 AVG - 425
Results
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Page 106 of 262
DEVELOPMENT OF GOVERNMENT
OPERATIONS CLIMATE ACTION PLAN
Proposal for City of Muskegon:
Consulting Services for Government Operations Climate Action Plan
Submitted by Fresh Coast Climate Solutions
September 30th, 2024
````
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BOLD SOLUTIONS.
TRANSFORMATIVE ACTION.
September 30, 2024
City of Muskegon
c/o – Peter Wills
933 Terrace St
Muskegon, MI 49440
Dear Peter Wills,
Fresh Coast Climate Solutions is excited to present our proposal to the City of
Muskegon to offer our services for the creation of a climate action plan aimed at
enhancing the sustainability of government operations. We will craft a comprehensive
government operations Climate Action Plan specifically tailored to the City of
Muskegon’s current efforts and needs. This plan will deliver a strategic roadmap for
mitigating the City’s impact on climate change and the local environment while reducing
government operating costs.
Over the last two decades, Fresh Coast staff have helped communities establish baseline
greenhouse gas (GHG) inventories, set climate goals, develop climate action plans, and
implement an extensive range of GHG mitigation programs and solutions. These projects
included work for the cities of Sterling Heights, Ann Arbor, Dearborn, Flint, Grand
Haven, Richmond (CA), and Columbia (MO). We have ample experience in using insights
from greenhouse gas emissions inventories, modeled projections, and knowledge and
research of best practices, along with staff insight and local needs to create a Climate
Action Plan that is realistic, bold, and effective.
With decades of dedicated passion, knowledge, and experience in helping Michigan
communities and companies progress climate action, Fresh Coast is equipped to develop
a cutting-edge Climate Action Plan for the City of Muskegon.
Sincerely,
Jenny Oorbeck, Co-Founder and Managing Partner
Fresh Coast Climate Solutions
joorbeck@freshcoastclimate.com
734.945.9335
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INTRODUCTION
Fresh Coast Climate Solutions works to reverse climate change by helping clients achieve bold,
equitable, and impactful solutions. The team has decades of expertise coaching a diverse set of
private, non-governmental organizations, and public sector clients toward smarter and more
meaningful sustainability practices. Our areas of expertise include climate action planning, GHG
emissions inventories, lifecycle accounting, energy efficiency, renewable energy, electrification,
resiliency, water, stakeholder engagement, and decarbonization. Fresh Coast builds and thrives
on highly collaborative partnerships, excels at getting things done, and leads by example by
taking care of our employees and the environment.
Our project team includes multiple members who have worked as local government staff
developing and implementing climate action plans. We’re passionate about helping local
governments translate GHG inventories into actionable decarbonization strategies that are
realistic and improve government operations. In our current work developing the climate action
plan for Sterling Heights, MI, we’ve held several meetings with key city staff members to
encourage dialogue and provide opportunities for staff to contribute their expert knowledge and
insights into the Climate Action Plan throughout the plan’s development. Additionally, our team
of technical experts is well-positioned to ensure accuracy of baseline GHG emissions inventories,
to model expected changes in business-as-usual GHG emissions, and to detail strategies and
actions to reduce GHG emissions within our clients’ desired timelines.
Fresh Coast has ample experience in developing climate action plans for cities similar to the City
of Muskegon, including the climate action plan we are currently developing for the City of
Sterling Heights, MI. Our work has resulted in the following outcomes:
• Complete community-wide and local government operations climate action plans
• Consistent and open stakeholder engagement
• Established GHG reduction targets
• Completed implementation roadmaps with estimated timelines, costs, and impacts
• Developed standard operating procedures for municipal and community GHG inventories
• Modeled GHG emissions projections and reduction strategy impacts
• Developed and tracked key performance indicators for climate action plans
• Researched best practices in community climate action planning
• Developed policies to implement climate action plans
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SCOPE OF WORK
TASK 1: KICK OFF MEETING WITH CITY STAFF AND CONSULTANT
A kickoff meeting with city staff and the project team consultants will be held as early in the
project as possible to establish a plan and timeline for the project. Fresh Coast will come to the
kick-off meeting prepared with a detailed plan and timeline for completing the scope of work.
Included in this project plan will be a high-level structure of proposed contents of the climate
action plan and a timeline for engagement plan development milestones. These milestones will
include the development of plan goals, strategies, actions, key performance indicators, and an
implementation plan; the completion of a draft for the plan; a review process of the plan’s draft;
and a target completion date for the climate action plan. The plan’s phases and milestones will be
presented in a Gantt chart from Monday.com, which will be used as the project management
platform.
This kick-off meeting will also include opportunities for staff to provide input and inform
consultants of priorities for the development of the plan. Further, staff will have the opportunity
to ask questions and share any concerns they might have regarding the development of a climate
action plan. The consultants will provide opportunities for follow-up one-on-one meetings with
staff or other stakeholders who would like more time to provide input outside of the kick-off
meeting.
The project team proposes meeting in-person but virtual or hybrid sessions are an option as well.
TASK 2: CONSULT GOVERNMENT OPERATIONS GREENHOUSE GAS
INVENTORY
Task 2.1: GHG Emissions Inventory Quality Assurance Review
Fresh Coast will start with reviewing GHG emissions inventories for quality assurance and to
inform climate action planning. Accuracy of GHG emissions inventories that inform climate
action planning is of utmost importance. Fresh Coast staff have ample experience reviewing and
conducting GHG emissions inventories for local government operations, and therefore are well
positioned to assess accuracy of the GHG inventory informing Muskegon’s climate action plan.
Task 2.2: Analysis of GHG Emissions Inventory
As a second step, Fresh Coast will analyze the completed government operations GHG inventory
and identify key contributing sectors and major sources of GHG emissions within sectors. The
sectors and sources of emissions will be listed in ranking of contributions to the City’s
operational GHG emissions to aid in developing the climate action plan and understanding how
to prioritize actions for the fastest and steepest reductions in emissions. Fresh Coast will review
emissions sources, data gathered, quantified GHG emissions sources and recommended actions.
TASK 3: DEVELOP GOVERNMENT OPERATIONS CLIMATE
ACTION PLAN
Task 3.1: Identify Goals and GHG Reduction Targets for Government Operations
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TRANSFORMATIVE ACTION.
Fresh Coast will develop goals to be used in the Government Operations Climate Action Plan
based on the analysis in task 2.2. Targets will be set in communication with the City of
Muskegon’s internal project team.
Interim and final goals for the City of Muskegon will be developed on three levels: 1) total
government operations’ emissions, 2) emissions by sector, and 3) emissions by sources within
sectors. The goals and reduction targets for individual sectors and sources will be made in
proportion to the baseline GHG emissions and will map out how the City will reduce emissions to
reach their overall reduction goal of carbon neutral by 2040. Interim goals and targets will be
developed in communication with City staff. For example, a specific goal will be developed for
reducing emissions from buildings and facilities by milestone dates (e.g., 2030 and 2040). For
each goal, annual targets will be specified that would lead to the successful achievement of the
goals. The annual targets will help clarify the City’s progress toward reaching interim and final
goals.
Sector and source-specific goals will be developed for the City of Muskegon’s operations based
on the baseline potential for emissions reductions. Fresh Coast will utilize its technical expertise
and knowledge from City staff to estimate the potential for reductions by sector and source.
Strategies with corresponding emissions reduction targets will then be developed to achieve the
outlined goals. For example, goals will be developed for reducing emissions from natural gas and
from electricity in City buildings and facilities. If the City-owned building stock shows a high
potential for energy efficiency improvements, goals and strategies for the building and facility
sector will be made accordingly. If the building stock is already highly efficient, goals and
strategies may move toward electrification of buildings, and/or focus more immediate priority on
addressing other sectors. In conclusion, Fresh Coast will develop interconnected goals, targets,
and strategies for the Climate Action Plan to be highly specific to the City of Muskegon,
efficiently prioritized, and realistic to achieve.
Task 3.2: Identify and Prioritize Existing and Potential Initiatives
Fresh Coast will work with City staff to fully understand existing and planned initiatives that will
have an impact on emissions from government operations. Fresh Coast will then quantify the
expected impact of those initiatives on emissions from the baseline year through 2040 and will
confer with staff to understand any existing initiatives that should be prioritized for revision.
Second, Fresh Coast will conduct a thorough review of government operations climate action
plans in Michigan, the Midwest, and in cities with a similar size and structure as the City of
Muskegon. Potential strategies and initiatives will be collected organized by sector and source.
Any information on strategies’ expected impact will be tracked.
Third, potential strategies and initiatives will be reviewed for their fit in the City of Muskegon.
The Fresh Coast technical team will work with City staff to understand the structure of each
sector’s operations and which strategies and initiatives are feasible and best fit to efficiently
reduce emissions. Fresh Coast will then organize and apply the chosen strategies/initiatives by
sector and source to define pathways to the emissions reduction goals.
Lastly, Fresh Coast will create thoroughly detailed implementation plans for reducing emissions
from City-owned property and vehicles located throughout the City. Using the baseline
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TRANSFORMATIVE ACTION.
emissions from buildings and vehicles and working with City staff to understand baseline City-
owned building and vehicle stock, Fresh Coast will provide roadmaps for reducing emissions to
net-zero.
Buildings
Fresh Coast will provide recommended policies and an implementation schedule for reducing
emissions from buildings to net zero. First, Fresh Coast will outline free and low-cost programs
that the City of Muskegon can participate in to improve municipal building efficiency, such as
complimentary energy audits, and municipal building benchmarking through Portfolio Manager
by Energy Star. Many programs are available for local governments to learn how to improve
building efficiency and track improvements to show how operational costs are reduced through
efficiency improvements.
Following the utilization of complimentary and low-cost programs will be a plan reduce energy
consumption from buildings and increase the supply of renewable energy to reach building GHG
emissions reduction goals. Benchmarking data would be utilized to prioritize building
performance improvements based on likely efficiency improvability of buildings. Fresh Coast will
also detail a plan for electrification of municipal buildings and sourcing renewable energy for
electricity on a schedule that will align with emissions reduction goals.
Vehicle Fleet
Fresh Coast will analyze the existing vehicle fleet to inform recommendations for a fleet
electrification policy, which will provide a schedule and standard for replacing internal
combustion engine vehicles in the City’s fleet with electric and/or hybrid vehicles in a time frame
aligned with emissions reduction goals. General steps and timelines for developing and
implementing a fleet electrification policy will be provided as part of the climate action plan. The
current infrastructure for supporting electric vehicles in the City of Muskegon will be taken into
consideration for inclusion in the climate action plan.
Right-sizing of the vehicle fleet and anti-idling strategies will also be included in the initiatives to
reduce emissions from City vehicles.
Waste
Fresh Coast will work to understand current resource use and the efficacy of current landfill
diversion strategies. Recommendations will be made to improve recycling, waste diversion, and
resource stewardship efforts as appropriate for the City of Muskegon.
Task 3.3: Initiatives Implementation Plan
The strategies and initiatives chosen in task 3.2 will be written into an initiative implementation
plan to be used in the Government Operations Climate Action Plan. The initiative’s
implementation plan will be organized by sector, source, and level of priority. Each individual
initiative will be given a unique identifier code (e.g. B 1.1) with the letters representing the sector
and numbers representing the strategies/actions in order of priority. Baseline data and GHG
emissions reductions for the implementation plan will be presented in two ways:
1. Emissions reductions by strategy, sector, and year
2. Emissions remaining by year and sector, organized by impact of strategies
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Task 3.4: Establish Metrics
Fresh Coast will establish three categories of metrics. The first category will measure progress
towards overall, sector-level, and source-level emissions reduction goals (e.g. emissions from the
City’s vehicle fleet). The second category will establish key performance indicators (KPIs) for
each specific strategy/action in the Government Operations Plan to measure successful
implementation of the strategies (e.g. the percentage of City-owned vehicles that are electric or
hybrid). Finally, the third category of metrics will establish measurements for benefits of the
implementation of the climate action plan (annual cost reduction for fueling vehicle fleet).
Task 3.5: Draft Government Operations Climate Action Plan and Facilitate Review and
Comment from City Staff
Fresh Coast will draft a full Government Operations Climate Action Plan that organizes initiatives
by sector and strategy, and details goals, targets, and emissions reduction pathways developed
for the plan. This draft plan will be presented electronically to City staff and the City Commission
with a minimum of three weeks to review and comment. If desired, Fresh Coast will attend a City
Commission meeting to present the draft plan if desired and will incorporate feedback to finalize
the plan.
Task 3.6: Finalize Government Operations Climate Action Plan Incorporating City Commission
Comments and Submit to City Commission for Approval
Fresh Coast staff will work collaboratively to incorporate feedback from city staff and
commission members to produce a final Government Operations Climate Action Plan. The
changes to the plan will be documented so that staff and commissioners can clearly see how
feedback was incorporated. The finalized plan will be provided electronically and submitted to
the city commission for approval.
Assumptions
• To complete the Climate Action Plan in the time frame outlined in this proposal, Fresh
Coast will need to receive requested information in a timely manner.
Deliverables
• Baseline assessments completed and analyzed
• Goals and GHG reduction targets identified for government operations
• Existing and potential initiatives identified and prioritized
• Initiatives implementation plan
• Metrics established
• Draft Government Operations Climate Action Plan for city staff review and comment
• Final Government Operations Climate Action Plan incorporating stakeholder comments
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TIMELINE
Muskegon Local Government Operations Climate Action Plan Timeline
Phase and Task Month 1 Month 2 Month 3 Month 4 Month 5 Month 6
Task 1: Kick Off Meeting
Task
Task 2:
3: Consult
DevelopLGO GHG Inventory
Government Operations Climate Action
Plan
PROPOSED BUDGET
Muskegon Local Government Operations Climate Action Plan Budget
Task Team Members Estimated Hours Billing Rate Cost Not to Exceed
Jenny Oorbeck, Becca
Task 1: Kick Off Meeting Elder, Matthew Paper 5-10 $175/hr $1,750
Jenny Oorbeck, Nick
Kemp, Becca Elder,
Task 2: Consult LGO GHG Inventory Matthew Paper 15-20 $175/hr $3,500
Jenny Oorbeck, Nick
Kemp, Becca Elder,
Task 3: Develop Government Matthew Paper, Rachel
Operations Climate Action Plan Cushard 200-250 $175/hr $43,750
Total $49,000
PROJECT MANAGEMENT/COMMUNICATION
The Project Team has purposefully built a foundation to ensure project feasibility and success.
This includes the following:
• Ongoing Communication – The Project Team will utilize the combination of regular
meeting cadence to touch base combined with technologies solutions to manage the
project. Fresh Coast maintains open lines of communication with all clients and prides
itself on flexibility.
• Comprehensive Project Management Experience + Tools – The Project Team has a
seasoned track record of managing large, comprehensive projects – including technical
analyses and multi-stakeholder interactions – successfully. The Project Team will utilize
this extensive experience to apply the same rigor and management tools, including the
use of technology for efficient management and completion of the project.
• Realistic Timing – An approach to proper cadence of tasks, management of critical paths
and allowances for timing has been applied to the Gantt chart included.
• Practical Approach – The Scope of Work outlined above is both practical and technically
sound.
• Expert Project Team – The Project Team consists of subject matter experts with decades
of industry experience in climate action planning, greenhouse gas emissions, and
decarbonization work.
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QUALIFICATIONS & REFERENCES
SIMILAR PROJECTS AND SELECT REFERENCES
Local Government Operations and Community-Wide Climate Action Plan Development
Fresh Coast is developing the local government operations and community-wide climate action
plan for the City of Sterling Heights, Michigan. This project kicked off in May of 2024 and will be
complete by the end of 2024. Throughout the development of this Climate Action Plan, a strong
emphasis has been placed on reviewing existing policies and plans and drawing from staff
knowledge and expertise to create a plan that City staff will be energized to implement. Fresh
Coast has held five stakeholder engagement meetings, including two workshops with city staff,
two meetings with the city’s Sustainability Commission, and one in person public workshop with
engaging activities and opportunities to gain input from residents.
The climate action plan builds upon the GHG emissions inventories that were recently
completed. Fresh Coast utilized ClearPath by ICLEI to make necessary updates to the GHG
inventory that informed the Climate Action Plans, built a business-as-usual forecast, and
modeled the plan’s strategies to show how they will reach net zero GHG emissions.
A strong focus in the Climate Action Plan’s development has been providing education on
various decarbonization and climate action topics, communicating ideas through infographics,
and highlighting the positive co-benefits that will result from the implementation of the Climate
Action Plan.
Reference: Alexis Richards
Role: Planner II, City of Sterling Heights
Email: arichards@sterlingheights.gov
Phone: (586) 446-2386
Municipal Building Decarbonization Roadmap and GHG Inventory
In June of 2024, Fresh Coast worked with the City of Flint, MI to develop a roadmap for
decarbonizing municipal buildings. Fresh Coast worked closely with staff to understand needs,
limitations, goals, and priorities for their building decarbonization journey. An eight-part
decarbonization strategy was developed for the City of Flint with both short- and long-term
actions to achieve net zero municipal buildings. Emphasis was placed on free, easy to implement
strategies that reduce energy costs while improving the comfort and health of municipal
buildings. City staff were provided with detailed guidance to take next steps after project close-
out, as well as connections to free resources and programs to help them on their journey.
As a second scope of work, Fresh Coast completed an analysis of Flint’s municipal building
energy efficiency performance and provided baseline GHG emissions for the municipal building
portfolio. This included benchmarking Flint’s municipal buildings in Portfolio Manager by
ENERGY STAR, establishing key performance indicators for building performance, and estimating
costs and paybacks of energy efficiency improvements.
Reference: Faith Groesbeck
Role: Public Health Manager, City of Flint
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Email: fgroesbeck@cityofflint.com
Phone: (810) 410-7250
Municipal Greenhouse Gas Inventory and Climate Action Planning
Fresh Coast completed the City of Columbia, Missouri’s 2023 community-wide and local
government operations GHG inventories and produced a report detailing the results of the
inventories. In a previous role as a Sustainability Analyst for the City of Columbia, Missouri, Fresh
Coast staff member Becca Elder developed a standard operating procedure for and conducted
the City’s local government operations GHG emissions inventory for three consecutive inventory
years (2020, 2021, and 2022). Becca also implemented the Municipal Benchmarking Policy and
worked collaboratively with City staff in the development of the Fleet Electrification Policy and
tracked all key performance indicators for the government operation’s metrics of the Climate
Action and Adaptation Plan. Furthermore, Rebecca developed extensive knowledge of emissions
modeling through developing an emissions forecast and wedge for the City of Columbia’s
Climate Action and Adaptation Plan between 2015 and 2050.
Reference: Eric Hempel
Role: Sustainability Manager, City of Columbia
Email: eric.hempel@como.gov
Phone: (573) 874-2489
Municipal Sustainability and Climate Services
Over the last two decades, Fresh Coast’s Jenny Oorbeck, Joshua Brugeman, and Nick Kemp
have guided over a dozen U.S. communities to act on climate change. This work includes
establishing baseline greenhouse gas inventories, modeling emissions projections and reduction
strategy targets, setting climate goals and targets, developing climate action roadmaps and plans,
and implementing a range of impactful GHG mitigation programs and solutions. Fresh Coast staff
have provided these services for the cities of Ann Arbor, Dearborn, Flint, Grand Haven,
Richmond (CA), and Columbia (MO).
Reference: David Norwood
Current Role: Municipal Services Deputy Director, Canton Township
Previous Role: Sustainability Director, Dearborn
Email: David.Norwood@cantonmi.gov
Phone: (734) 394-5116
MI Climate Wise Business Program
Through the Centrepolis Accelerator, Fresh Coast Climate Solutions operates a program
providing technical assistance to small and mid-sized businesses. The program allows Fresh
Coast to help companies with a) developing climate goals, b) establishing a GHG baseline or
impact analysis, c) designing an ESG framework, d) developing an electrification plan and, e)
advising on circularity solutions. The program is funding by the ERB Foundation, and the Fresh
Coast team operates the program on behalf of Centrepolis.
Reference: Centrepolis Accelerator
Name: Dan Radomski
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BOLD SOLUTIONS.
TRANSFORMATIVE ACTION.
Position: CEO
Cell Phone: (248) 721-3192
Email: dradomski@ltu.edu
PROJECT TEAM
In order to provide the City of Muskegon with the most robust project team and expertise, Fresh
Coast is deploying five of its staff members to ensure project success. To stay within the ten-
page maximum for this section, we have included only staff bios, and have included resumes as
part of the appendix.
JENNY OORBECK | CO-FOUNDER AND MANAGING PARTNER
Jenny Oorbeck is Co-Founder and Managing Partner of Fresh Coast Climate Solutions, a
sustainability consulting firm focused on helping a broad range of clients implement
transformative climate solutions with the bold ambition to reverse climate change. Prior to this,
Jenny successfully launched and established sustainability business lines for global businesses
including NSF International and SCS Consulting Services, a new entity within SCS Global
Services.
Jenny’s 20+ year environmental career has encompassed creating cutting-edge sustainability
programs for a wide range of clients including startups to fortune 500 companies, governmental
agencies, and nonprofit organizations. Examples include, but are not limited to, drafting one of
the country’s first municipal greenhouse gas emissions (GHG) emissions inventories and action
plans, rolling out pilot commercial waste reduction programs, developing revolving energy funds
for economically depressed cities, launching innovative sustainable textile and regenerative
agriculture pilot programs with private sector clients, and evaluating the viability of new-to-
market carbon credit project and programs.
Jenny holds a bachelor's degree in sociology from Mills College and a master's degree in
environmental policy from the University of Michigan School of Natural Resources and
Environment.
NICK KEMP | TECHNICAL DIRECTOR
Nick Kemp is Technical Director of Fresh Coast Climate Solutions. Prior to joining this startup
with Jenny Oorbeck and Joshua Brugeman, Nick led the technical team at SCS Consulting
Services with a focus on GHG emissions inventories, GHG reduction goals (carbon neutrality and
science-based targets) and strategies, as well as product sustainability, and ESG strategy
development.
Nick’s career includes work as a research specialist at the University of Michigan where he
focused on quantifying the life cycle environmental impact of emerging technologies and was an
integral contributor to the President’s Commission for Carbon Neutrality. He has extensive
experience in manufacturing through his years as a production engineer at Dow Chemical and
time as a process design engineer for Becton Dickinson.
He emphasizes progress through collaboration, recognizing the knowledge and skill that all team
members hold and the importance of inclusion to effective and long-lasting solutions. Whether
it’s tackling wicked problems or a long day in the mountains, Nick enjoys the challenge and
reward that comes with persevering through complex engagements.
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BOLD SOLUTIONS.
TRANSFORMATIVE ACTION.
Nick holds a bachelor's degree in chemical engineering from the University of Michigan and a
master's degree in sustainable systems from the University of Michigan School for Environment
and Sustainability.
BECCA ELDER | SENIOR TECHNICAL ANALYST
Becca Elder is the Senior Technical Analyst at Fresh Coast Climate Solutions. Becca is passionate
about harnessing the power of data to tell compelling stories and generate valuable insights that
fuel bold and effective climate action. Prior to joining Fresh Coast, Becca was the Sustainability
Analyst for the City of Columbia, Missouri, where she spearheaded efforts to track and evaluate
progress on the City’s climate action plan. Her role involved conducting community-wide and
municipal greenhouse gas inventories, analyzing emissions trends, and modeling the potential
impacts of strategies in the climate action plan.
One of Becca’s significant achievements during her time with the City of Columbia was the
implementation of the municipal benchmarking policy, which involved assessing energy
performance of all municipal buildings and identifying optimal investments to reduce energy
costs and emissions. In alignment with her passion for making data accessible and impactful,
Becca built user-friendly dashboards for the public to explore climate action data, along with an
internal benchmarking dashboard to empower City staff to make well-informed energy efficiency
investments.
Becca holds a Master of Public Affairs (MPA) from the Truman School of Public Affairs,
University of Missouri, where she received an AmeriCorps Fellowship and served as a Graduate
Research Assistant. Prior to her MPA, Becca earned a Bachelor of Science in Environmental
Studies/Interdisciplinary Studies from Truman State University. During her undergraduate career
at Truman State, Becca founded the Truman State University Sustainability Office, where she
continued to work post-graduation to develop programming.
MATTHEW PAPER | TECHNICAL ANALYST
Matthew Paper is a Technical Analyst for Biodiversity and Water at Fresh Coast Climate
Solutions. Prior to joining, Matthew performed goal-based ecological research throughout
southern Africa as a junior researcher and implementation officer for the Centre for Biological
Control, Rhodes University. He has experience working with international research groups from
across the world, with a focus on ecosystem modelling and restoration. Having worked
extensively in South Africa, the need to improve ecosystem health in the country’s threatened
and economically valuable freshwater systems drove his leading and participating in the
development of stakeholder engagement programs focusing on local governments, international
parties, and private stakeholders to improve the ecosystem resilience through sustainable and
ecologically friendly methodologies. Matthew is experienced in ecological modelling and field
and laboratory-based experimentation, terrestrial and aquatic survey methodologies, geospatial
mapping, and stakeholder engagement programs. Matthew holds a MSc by research on the
ecological impacts of climate change on freshwater ecosystems’ structure and function from
Rhodes University. He offers a strong scientific perspective on ecological issues and
sustainability practices, as well as a unique perspective on social responsibility having grown up
in the culturally diverse setting of South Africa.
RACHEL CUSHARD
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BOLD SOLUTIONS.
TRANSFORMATIVE ACTION.
Rachel Cushard is an Intern at Fresh Coast Climate Solutions and an undergraduate student at
the University of Michigan. She is majoring in Environmental Science and Psychology, with a
minor in Sustainability. As a Vice President of the Erb Sustainability Institute Undergraduate
Fellowship and a member of the Graham Sustainability Scholars Program, she is passionate about
working collaboratively to innovate change.
Before joining Fresh Coast, Rachel interned for the City of Sterling Heights, Michigan within the
Office of Planning. She facilitated interactive workshops and created materials for hands-on
activities to engage the community and gain local input for their premier Climate Action Plan,
which she will continue to draft as a member of Fresh Coast. She also assembled resources for
an urban forestry grant application to strategically improve the city’s tree canopy and conducted
data capture of water and energy usage by municipal facilities.
Rachel has prior experience consulting for a sustainable clothing startup, researching the
synthetic materials manufacturing processes to incorporate a powdered filament derived from
invasive Zebra Mussel shells in the Great Lakes. As winner of the 2023 Stellantis Student
Achievement Award for her research on decarbonizing mobility in the automotive industry, she
has experience finding novel solutions. Rachel brings a creative perspective to the team, and she
is committed to driving impactful change at the intersection of sustainability and business.
APPENDIX
1. Public Sector GHG Services Flyer
2. Case Studies
3. Resumes
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Better for Communities, Better for the Planet.
A Trusted Partner in Public Sector
Sustainability
If your city needs support in completing
community wide or local government
greenhouse gas (GHG) inventories, GHG
forecasting or strategy reduction modeling, or
support in tracking progress toward emissions
reduction goals, our team of technical experts
can help. We’ll manage the process from start
to finish and provide you with the tools and
resources you need to understand your GHG
emissions baseline, set emissions reduction
targets, and develop strategies to accelerate
your city’s journey to net zero.
Water &
What you can expect Wastewater:
2% Fugitive
from Fresh Coast: Emissions:
Waste: 1%
3%
Reliable results: Our work is research-
backed, reputable, and repeatable. We use
recognized standards and methodologies
for every step.
Transportation:
21%
Detailed and insightful deliverables: You will Commercial
Energy:
receive comprehensive deliverables with
35%
insights you need to understand results and
communicate with the public.
We lead the process: We identify data
needs, source required data, and find Industrial
solutions to any and all roadblocks along the Energy:
14%
way.
Residential
Energy
A trusted partner: You will work with a 24%
dedicated team of experts who will walk
you through every step of the process.
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Fresh Coast Climate We provide a wide range of technical
Solutions’ technical assistance for public sector clients working to
team has decades of
measure and improve sustainability. Our team
experience
is well-versed in conducting inventories in
formulating climate
compliance with the U.S. Community Protocol,
action plans and
conducting detailed the GHG Protocol, and other internationally
greenhouse gas recognized standards. Whatever your needs
(GHG) inventories for may be, rest assured, we have the expertise to
public sector clients. meet them.
Simplified, Streetlights
& Traffic Signals
understandable
inventory results. Vehicle Fleet
Electric Power
Production Transit
Fleet
Solid Waste
Facilities Employee
Buildings
Commute
&
Facilities
Fugitive
Water & Emissions
Wastewater
Facilities
Business as Usual
Building Efficiency
& Electrification
Carbon reduction Contact our team
strategies: today to get started
on your journey to
Onsite Renewables pathway to net net zero.
zero communities.
We help communities info@freshcoastclimate.com
Decarbonized translate GHG inventories into www.freshcoastclimate.com
Electricity Grid
actionable decarbonization
strategies.
Low Carbon & Non-
Net Zero
Motorized Travel
Waste Reduction
Carbon Credits
Net Zero
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COMMUNITY CLIMATE 1
PLANNING +
IMPLEMENTATION
MULTIPLE U.S. COMMUNITIES
Guiding U.S. Communities to Act
on Climate Change
Fresh Coast partners have helped multiple
U.S. communities over the last two decades
establish baseline greenhouse gas (GHG)
inventories, set climate goals and targets,
develop climate action roadmaps, and/or
implement a range of impactful GHG
mitigation programs and solutions.
Sample communities supported include: KEY OUTCOMES
• 8 economically depressed Michigan • Deep understanding of current community baseline emissions amounts
communities and sources
• Engaged community to help inform climate action plan development
• City of Ann Arbor, MI
• Established GHG reduction targets
• City of Dearborn, MI
• Completed implementation roadmaps with estimated timelines, costs,
• City of Richmond, CA and impacts
• City of Columbia, MO • Reduced GHG emissions
• City of Sterling Heights, MI
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PUBLIC SECTOR 2
GREENHOUSE GAS
INVENTORIES
COLUMBIA, MISSOURI
Measuring and Understanding
Community GHG Emissions
Fresh Coast conducted two greenhouse gas
GHG emissions inventories for the City of
Columbia, Missouri:
1. Community-wide GHG inventory
Image from Columbia Regional Business Report
2. Municipal operations GHG inventory
Fresh Coast managed the entire inventory KEY OUTCOMES
process, from making data requests to • Completed 2023 community-wide GHG emissions inventory
detailing inventory results in a written • Completed 2023 municipal operations GHG emissions inventory
report and an interactive Power BI • Entries of both inventories into ClearPath software
dashboard. Results were analyzed against
• Report delivered with detailed insights on main drivers in GHG
baseline and previous inventory years to emissions changes
detail the main drivers in GHG emissions
• Power BI dashboard created with inventory results and GHG
changes by sector and source. emissions reduction targets
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3
CLIMATE LIFE-CYCLE
IMPACT ANALYSIS
JUST CLIMATE
Fresh Coast Serves as a Trusted
Climate and LCA Advisor on Global
High-Impact Climate Projects
Fresh Coast Climate Solutions provides
ongoing technical climate expertise to Just
Climate, a climate-led investment business
launched by Generation Investment
Management.
Fresh Coast determines the anticipated life-
cycle GHG impacts from scaling a climate-
focused technology and/or process KEY OUTCOMES
compared to the standard business as usual
solution. Our work informs our client’s • Completed comparative climate life-cycle impact analyses
investment decisions and provides • Developed excel based life-cycle models
assurance projects they invest in will
mitigate and/or remove climate emissions as • Independent third-party data validation and due diligence with
anticipated. Example projects evaluated a statement of assurance
include green steel, biochar, motors, • Investment prioritization and risk mitigation
batteries, EV chargers, and nature positive
solutions.
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NATURE BASED 4
STRATEGIES
DEVELOPMENT
SANCTUARY FARMS
DEVELOPED NATURE-BASED SOLUTIONS
FOR WASTEWATER MANAGEMENT
Fresh Coast worked with Sanctuary Farms;
an SME based in Metro Detroit to develop
nature-based solution to their urban farming
and compost operations, with a focus on
ecologically minded approach.
Sanctuary Farms needed a partner to
support their goals of incorporating nature-
based solutions in their innovative and KEY OUTCOMES
community supporting urban farming and • Nature-based wastewater management strategies development and
composting operation. We developed implementation guide with a focus on species water remediation
ecologically minded wastewater strategies efficacy and historical occurrence
that align with city requirements and best
• Site species inventory and species recommendation based on habitat
practice to support native species redevelopment within an urban setting
establishment and effective management
practices for their wastewater needs. • Site hydrological stormwater assessment
• Soil analysis and soil health restoration recommendations
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5
WATER QUALITY
SOLUTIONS PROVIDER
CDP WATER GAP ANALYSIS
Fresh Coast Conducted a Gap Analysis To
Support CDP Water Disclosure
Fresh Coast provided technical support to a
confidential client to conduct a gap analysis
comparing existing water stewardship
information against CDP Water disclosure
requirements. Water-related data from
multiple sources including the Corporate KEY OUTCOMES
Sustainability Report, WAVE Verification
package, and AWS Standard supporting • Understanding water-related risks and opportunities
materials. The analysis included estimated
scoring and a summary of subject areas • Evaluated water use data and providing data driven strategy
requiring supporting efforts to improve • Benchmarked water use in manufacturing process and products
scoring.
• Recognized corporate-wide water use actions
• Estimated disclosure scores per section as guidance for next
steps
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6
PROGRAM
MANANGEMENT
NEXTCYCLE MICHIGAN
Circular Economy Program Spurs
Economic Growth In Michigan
NextCycle MI aims to divert waste streams
in MI and grow the circular economy
through a technology accelerator.
NextCycle MI provides typical start-up
bootcamp support, facilitates connections
with investors and industry partners, and
funds projects that deploy new solutions
and technologies while tackling waste
streams. KEY OUTCOMES
Fresh Coast is a project partner and • Strategic partnerships formed between companies and project
provides program management support, participants
start-up coaching, and industry • Investment attracted to companies and Michigan
matchmaking services.
• Technical assistance provided to companies
• Start-up and business coaching provided to participants
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7
SUSTAINABILITY
STRATEGY
DEFINITE ARTICLES
Apparel Company Launches with
Sustainability Core to its Brand
Definite Articles, a newly created apparel
company formed by the founder of
Untuckit, sought assistance to help launch a
brand built on the foundation of
sustainability, circularity and reduced
emissions.
Initially, the client requested help with
building an idea and developing strategic
direction to determine what was KEY OUTCOMES
possible. The engagement evolved from • Strategic guidance provided on industry trends, materials
initial strategic guidance, to tactical claims, and key competitors
development of a supplier code of conduct,
B-Corp certification assistance and product • Developed supplier code of conduct
LCA calculations. • Conducted preliminary comparative life-cycle assessment of
socks
• Guided B-Corp certification process
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8
MINING / RARE EARTH
METAL LCAs
LIFE CYCLE ASSESSMENT (LCA)
Fresh Coast Conducted Cradle-to-Gate
LCAs Following ISO 14040/44 Standard
Fresh Coast Climate Solutions completed
LCAs for design phase rare earth
mining/manufacturing processes that will
help facilitate domestic supply of rare earth
metals and magnets. Results included: KEY OUTCOMES
• Base case life cycle GHG emissions and
scenario/sensitivity analysis for key • Cradle-to-gate LCA for emerging technology in design phase
parameters • Multiple modeled scenarios for future grid electricity intensity
• Material substitutions for raw materials & use of renewables
lacking data • Helped client identify areas to refine process to reduce GHG
• General comparison of results to emissions
industry/academic data • Delivered excel workbook to be used for continued modeling
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9
GH POWER
ZERO CARBON ALUMINA
Fresh Coast Provides Carbon Expertise to
the Advance Net Zero in the Industrial Sector
Fresh Coast Climate Solutions is currently
partnering with Ontario-based GH Power to
develop:
• A climate impact model for clients to
calculate Scope 1 and 2 GHG emissions KEY OUTCOMES
reductions by sourcing GH Power’s
alumina and Scope 3 GHG emissions • A completed climate impact model ready for client pilot testing
reductions by placing a GH Power
reactor onsite • Outcomes to be reported on as the project progresses
• A first of its kind standard and
certification program for Zero Carbon
Alumina
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10
AUTOMOTIVE SUPPLY
CHAIN BEST PRACTICES
CENTER FOR AUTOMOTIVE RESEARCH &
SUNRISE PROGRAM
Fresh Coast Provided Objective and Detailed
Reporting on ESG Best Practices for Automotive
Industry Supply Chains
Fresh Coast Climate Solutions
provided technical expertise to CAR, the
leading industry-driven independent
automotive research organization that
informs and advises clients to develop a more
sustainable automotive industry.
Fresh Coast conducted a detailed landscape
assessment of interviews for automotive
leaders and their ESG programs and
identified best practices within the scope of KEY OUTCOMES
ESG commitments along their supply chains.
This informed researcher recommendations • Completed qualitative research on supply chain best
and industry decisions on best practices and practices
ensured improved sustainability and
responsible sourcing of materials down the • Gap analysis on supply chain ESG commitments
supply chain. By highlighting gaps and best • Independent third-party review and data summary
practices, Fresh Coast assisted decision-
makers to improve communication between • Improved understanding of supply chain sustainability needs
manufacturers and suppliers across the supply
chain.
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11
CLEANTECH &
CIRCULAR ECONOMY
CENTREPOLIS ACCELERATOR
Fresh Coast Assists CleanTech
Accelerator Commercialize Technology
As experts-in-residence, Fresh Coast
Climate Solutions provides ongoing
technical support to Centrepolis
Accelerator, an organization focused on
commercializing cleantech, circular
economy, and climatech technologies, to
assist companies with scaling their climate
and sustainability technologies.
Expert-in-residence support includes KEY OUTCOMES
coaching start-ups, conducting GHG • Start-up coaching and market development coaching for
analyses for their processes and accelerator participants
technologies, helping develop markets and
industry partnerships, creating pilot projects, • Completed GHG technical analyses
pursuing funding, and helping companies • Funding programs pursued to assist accelerator companies
through their growth trajectories.
• Industry partnerships developed to assist product
commercialization
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MUNICIPAL BUILDING
12
DECARBONIZATION
ROADMAP
CITY OF FLINT, MICHIGAN
Establishing Baseline Building Efficiency +
Charting the Path to Net Zero Buildings
Fresh Coast benchmarked Flint’s municipal
buildings in Portfolio Manager by ENERGY STAR
to establish baseline energy efficiency and
greenhouse gas emissions.
Through working with city staff to understand
needs, limitations, and goals, Fresh Coast
developed an eight-part decarbonization strategy KEY OUTCOMES
that identified short- and long-term actions to
• Baseline understanding of city building efficiency and GHG emissions
achieve net zero municipal buildings. Emphasis
was placed on free, easy to implement strategies • Benchmarking reports from Portfolio Manager and visualized, easy to
that reduce energy costs while improving the
understand results
comfort and health of municipal buildings. City
staff were provided with detailed guidance to • Eight-part decarbonization strategy tailored to the City of Flint’s needs
take next steps after project close-out, as well as
connections to free resources and programs to • Cost/benefit analyses to demonstrate savings potential
help them on their journey. • Guidance for continuing municipal benchmarking and analysis
• Connections to free assistance programs and peer cities
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13
RESIDENTIAL
ELECTRIFICATION
NEXTENERGY
Partnering to Scope one of the First
Residential Low-Income
Electrification Projects in Michigan
NextEnergy partnered with Fresh Coast
Climate Solutions to scope a low-
income residential electrification project for
implementation in the City of Flint,
Michigan, as part of the MINextCities grant
program.
Fresh Coast is conducting research and KEY OUTCOMES
engaging with stakeholders – the City of
Flint, community housing agencies and • An implementation guide to improve resiliency and make
organizations, regional technology strides toward achieving net zero in a low-income community
manufacturers, contractors, and utilities – to • A financial model to guide the most impact by incorporating
design an impactful electrification project Inflation Reduction Act incentives and grant funding with the
that can scale electrification of existing right technological solutions
housing stock statewide. • Stakeholder engagement and community partnerships to
support implementation
• Research of available connected, electrification technologies
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14
PATAGONIA
EVALUATION OF SUPPLY CHAIN
TRACEABILITY & TRANSPARENCY
MARKET DRIVERS, INDUSTRY
CAPABILITIES, AND POLICY
DEVELOPMENT
Patagonia hired Fresh Coast Climate
Solutions to assess market drivers for public
disclosure of traceability and transparency KEY OUTCOMES
information, benchmark competitors
and industry adjacent peers, conduct a gap • Assessment of market drivers impacting brands' needs to share
analysis, and develop a public-facing traceability & transparency information publicly
transparency and traceability policy. Patagonia • Competitive benchmarking analysis of 9 competitors and industry
wanted to understand how to better adjacent companies and evaluation of 100+ traceability &
transparency information items
demonstrate and improve upon its already
• Gap analysis and recommendations for enhancing publicly shared
robust transparency and traceability practices. information
• Policy drafted to improve communication of client's robust
traceability and transparency practices
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15
WORKFORCE TRAINING
AND DEVELOPMENT
DEVELOPED AND DELIVERED
ISO 14064 and 14067 TRAININGS
Advancing Sustainability in the
Workforce through Up-Skilling and
Continuing Education
Fresh Coast Climate Solutions developed
curriculum and delivered the following
trainings for global clients:
• A 4-day training GHG accounting course KEY OUTCOMES
covering ISO 14064-1, 14064-3, and
14064-4 • Engaging curriculums developed by experts in the field with
real-world and practical case studies
• A 4-day product carbon footprint
training covering ISO 14067 • Delivered virtual synchronous trainings
All trainings were developed to meet the • An up-skilled workforce
requirements of the relevant ISO standard,
reflect the latest climate science, and apply
real world learning through relevant case
studies.
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JENNY L. OORBECK, M.S.
Ann Arbor, MI 48103 | (734) 945.9335
joorbeck@freshcoastclimate.com | linkedin.com/in/jennyoorbeck/
SUMMARY
Exceptional climate leader with vision and creative ability to manage teams positively and drive success.
Passionate, dynamic, innovative, collaborative, results-driven sustainability executive. A knack for
successfully initiating businesses, divisions, teams, services and programs from scratch. Proven ability to
build deep and productive relationships with diverse stakeholders to achieve strategic goals. Organized,
highly motivated, and detail-oriented problem solver.
EXPERIENCE
Fresh Coast Climate Solutions Ann Arbor, Michigan
Co-Founder and Managing Partner 2022-Present
• Serve as co-owner and executive leader of a specialty, climate-focused consulting firm
• Assist a range of clients including start-ups to large companies, NGOs, and public agencies take
bold and transformative steps to implement climate change solutions
• Example projects include conducting due diligence on climate-focused technologies and
companies, calculating GHG emissions inventories, developing climate programs and roadmaps,
advising organizations on driving sustainability programs through their complex and global supply
chains, and advising companies to develop and scale circular economy solutions, among others
SCS Consulting Services Ann Arbor, MI
Executive Director 2020 - 2022
• Launched SCS Global Services’ new consulting business entity including developing and executing
a go-to-market strategy, securing projects, hiring and managing staff, and establishing and meeting
budgets
• Secured more than $1M in revenue and grew the team to 13 staff members within one year, while
ensuring profitability
• Provided consulting services to a range of corporate clients, including fortune 500 companies, to
advance their sustainability performance including tracking carbon emissions, setting carbon
reduction goals, implementing mitigation programs, tracking progress, continually improving
performance, conducting due diligence, advancing ESG programs, among many other activities
NSF International Ann Arbor, MI
General Manager, Sustainability 2015 - 2020
• Oversaw and set the strategic direction for NSF’s sustainability team including overseeing M&A
activities
• Managed 5 P&Ls, set annual budgets, and worked diligently to achieve financial and impact goals
• Succeeded in scaling the team 10% year over year organically throughout my tenure
Page 137 of 262
• Initiated two new global sustainability startup services for the organization in textiles and
consulting
• Led the team from the lowest net promoter score in the organization to the highest within three
years
• Influenced the hire of NSF’s first corporate sustainability manager and the establishment of carbon
neutrality goals for global operations
Clean Energy Coalition Ann Arbor, MI
Program Director 2013 - 2015
• Directed the operations team to ensure exceptional deliverables were completed on time and
within budget
• Developed and implemented strategies to secure new business; generated $5.8M in funding for
the organization
• Administered and ensured the timely and successful completion of a variety of federally-funded
clean energy projects for private and public sector clients including deploying energy efficiency
programs and services, developing community greenhouse gas inventories and climate action
plans, implementing Michigan’s first Property Assessed Clean Energy program, and deploying
alternative fuels and alternative vehicle infrastructure
Communities Division Manager 2010 - 2013
• Led the organization’s Communities division which provided technical consulting to more than 40
Michigan local governments in the areas of climate change, energy efficiency, and renewable
energy.
• Oversaw the timely completion of innovative municipal clean energy programs including
developing municipal energy efficiency programs in eight of Michigan’s most distressed
communities including Benton Harbor, Detroit, Hamtramck, Highland Park, Flint, Muskegon
Heights, Pontiac, and Saginaw
City of Richmond Richmond, CA
Environmental Manager 2007 - 2010
• As the first lead environmental staff member, established an environmental division including
managing the City’s environmental budget, hiring and overseeing staff, and facilitating the
development and implementation of strategic short-term and long-range plans
• Developed innovative environmental policies and programs including implementing citywide
residential and commercial green building standards and implementing a policy to eliminate the
use of expanded polystyrene and plastic food ware containers by food service providers
• Assisted with the development of the City’s Energy and Climate Change Element, one of the
nation’s first general plan elements to expressly address climate change
• Conducted a comprehensive municipal and community-wide greenhouse gas emissions inventory
for the City which was one of the first nationally to include industrial point source and local rail
emissions
• Received the Sustainable Contra Costa award in the government sector in 2010
Central Contra Costa Solid Waste Authority Walnut Creek, CA
Acting Director (In Executive or Interim Director’s absence) 2007
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• Oversaw and directed agency’s staff, $1,000,000 operating budget, and diverse waste reduction
programs
Program Manager 2004-2007
• Managed agency’s green building, construction and demolition debris recycling, small business
recycling, and school recycling program areas, including developing and implementing waste
diversion programs and education and outreach
• Set and managed program area budgets, analyzed data, prepared reports, and presented policy
and program recommendations to Board of Directors
Brown, Vence & Associates San Francisco, CA
Associate I & II 2003-2004
• Provided energy efficiency and waste reduction consulting on complex issues to private and public
sector clients worldwide to help them meet environmental goals
University of Michigan, Center for Sustainable Systems Ann Arbor, MI
Graduate Student Research Assistant 2002-2003
• Developed one of the first GHG emissions inventories and climate action plans in the country as
part of a group project undertaken with three colleagues
Central Contra Costa Solid Waste Authority Walnut Creek, CA
Waste Prevention and Recycling Assistant 2000-2002
• Planned and implemented strategies to expand and improve waste prevention, recycling,
composting, green building, and solid waste management programs
• Consulted to businesses, providing waste reduction assessments and cost-savings estimates;
assisted businesses with recycling program implementation and ongoing evaluation
Americorps Oakland, CA
Environmental Education Specialist 1999-2000
• Taught classes, both on-site and in Alameda County classrooms, for students ages 5 – 22 on the
importance of waste reduction, stressing the four “R’s”: reduce, reuse, recycle and rot
• Led tours of the Davis Street Transfer Station, a transfer point for all green waste, recyclables, and
garbage
EDUCATION
University of Michigan School of Natural Resources and Environment Ann Arbor, Michigan
M.S., Natural Resources and Environment, emphasis in Resource Policy 2003
Mills College Oakland, California
B.A., General Studies 1997
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VOLUNTEER POSITIONS
• 2022 – Present: Boot Camp Coach, Ann Arbor Spark, Ann Arbor, MI
• 2021 – 2022: Industry Advisor, Xpansiv, San Francisco, CA
• 2021 – 2022: Director, Center for Sustainable Systems External Advisory Board of Directors,
University of Michigan
• 2013 – 2015: Director, Board of Directors, Recycle Ann Arbor
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NICHOLAS J. KEMP
Ann Arbor, MI 48103 | (810) 602.6826
nkemp@freshcoastclimate.com | linkedin.com/in/nick-kemp-930a06118/
SUMMARY
Nick Kemp is the Technical Director of Fresh Coast Climate Solutions. Prior to joining this start-up, Nick
led the technical team at SCS Consulting Services with a focus on GHG emissions inventories, GHG
reduction goals (carbon neutrality and science-based targets) and strategies, as well as product
sustainability, and ESG strategy development.
Nick’s career includes work as a research specialist at the University of Michigan where he focused on
quantifying the environmental impact of emerging technologies and was an integral contributor to the
President’s Commission for Carbon Neutrality. He has extensive experience in manufacturing through his
years as a production engineer at Dow Chemical and time as a process design engineer for Becton
Dickinson.
EXPERIENCE
Fresh Coast Climate Solutions Ann Arbor, Michigan
Technical Director 2022-Present
• Serve as the organization’s technical expert, leading complex projects and providing guidance to
team members
• Develop and maintain suite of technical resources to ensure work is in alignment with most recent
climate science
• Build and mentor technical team capable of providing transformative sustainability solutions to
our partners
SCS Consulting Services Ann Arbor, MI
Senior Technical Manager Nov 2021 – Aug 2022
• Served as a project manager for multiple, complex projects including calculating GHG inventories,
modeling reduction initiatives, settings SBTs, and sustainability strategy and reporting
• Contributed to projects as the technical lead with clients in multiple sectors including the financial
industry, plastics, food and agriculture, and manufacturing
• Developed template to calculate scope 3 emissions for plastic manufacturers which modeled
impact from transitioning between resin types and virgin versus recycled resin
• Led development of sustainable products and services framework for a large electronics
distributor to identify and promote sustainable products enabling their customers to incorporate
sustainability in purchasing decisions
• Managed remote technical team of 5, ranging from entry-level analysts to senior technical project
managers, with responsibilities including assisting with employee goal setting, supporting career
growth, and managing capacity
• Led internal strategy team focused on developing and improving work processes, internal
standards, and identifying new and enhancing existing service offerings
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Becton Dickinson Detroit, MI
Peptone Manufacturing – Process Engineer/Project Manager Mar 2017 – Aug 2018
• Automated product reaction sequence reducing cycle time (12%) and quality issues (15%)
• Developed new manufacturing process for critical raw material preventing $420M of annual
revenue loss
• Led project to remove hazardous raw material eliminating flammability concerns, hazardous waste
creation, and avoided an additional $250M in capital expenditure
• Optimized drying process which increased yields by 5% ($950M/year) and reduced Quality
Notifications by 10%
• Led cycle time reduction project for key product, reducing cycle time by 23% thereby enabling
company to meet growing, time-sensitive customer demand
Dow Chemical - Herbicide Formulations Midland, MI
Senior Production Engineer Mar 2016 – Mar 2017
• Led cross functional teams for process optimization projects including formulation process cycle
time reduction project ($200M savings) and clean-out waste reduction project (10mgal/yr water
use reduction)
• Led numerous Root Cause Investigations and coached new engineers through the investigation
work process
• Taught new operators in Dow’s Operational Excellence in Manufacturing program about
manufacturing process design and troubleshooting skills
Production Engineer Mar 2013 – Mar 2016
• Served as technical subject matter expert while coaching and assisting operations team to ensure
safe and reliable production of 180MM lbs of product per year
• Developed first pass prime metrics (FPP) for 36 products and improved overall FPP rate by 17%
over a 2-year period
• Reduced equipment downtime by 12% through improved preventative maintenance program
• Worked with 3rd party company to develop filtration system to enable re-use of flush water
reducing water usage by 25%
• Led 5S and Process Automation teams resulting in multiple Kaizen events and 20% reduction in
nuisance alarms respectively
RESEARCH EXPERIENCE
University of Michigan Ann Arbor, MI
Research Specialist May 2020 – Nov 2021
• Developed a dynamic carbon accounting model (63 excel sheets, >100,000 data points) for the
University of Michigan President’s Commission on Carbon Neutrality (PCCN), including Scope 1, 2,
& 3 emissions for all UM campuses and properties
• Modeled carbon emission reduction strategies (29 strategies, 515 strategy inputs) to determine
potential reduction of UM emissions (e.g., vehicle fleet electrification leads to a 50% reduction in
Scope 1 transportation emissions over 30 years)
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• Generated and presented three carbon neutrality pathways using the carbon accounting model
(slow, moderate, and aggressive) to the PCCN providing the foundation for carbon neutrality goals
announced by UM on May 5th, 2021
• Constructed and published a parametric model to evaluate impacts of e-commerce, refrigeration
and automation on GHG emissions of numerous grocery supply-chain routes
University of Michigan Ann Arbor, MI
Research Assistant Jan 2019 – May 2020
• Completed life cycle analysis (LCA) of an automated SUV and van
• Developed component data set for incorporation into Argonne National Laboratory’s GREET
model
• Presented LCA research at 2019 Clean Energy Research Center Clean Vehicle Consortium
EDUCATION
University of Michigan School for Environment and Sustainability Ann Arbor, Michigan
MS in Sustainable Systems May 2020
Dow Sustainability Fellow
University of Michigan College of Engineering Ann Arbor, Michigan
BSE in Chemical Engineering December 2012
PUBLICATIONS
Kemp, N. J., Li, L., Keoleian, G. A., Kim, H. C., Wallington, T. J., & de Kleine, R. (2022). Carbon Footprint of
Alternative Grocery Shopping and Transportation Options from Retail Distribution Centers to Customer.
Environmental Science & Technology, 56(16), 11798–11806. https://doi.org/10.1021/acs.est.2c02050
Li, L.; He, X.; Keoleian, G. A.; Chul Kim, H.; De Kleine, R.; Wallington, T. J.; Kemp, N. J. Life Cycle
Greenhouse Gas Emissions for Last-Mile Parcel Delivery by Automated Vehicles and Robots. Environ. Sci.
Technol. 2021. https://doi.org/10.1021/acs.est.0c08213.
Keoleian, G.; Lewis, G.; Kemp, N.; Hua, N.; Hilton, S. Carbon Accounting Modeling Project A Report
Developed for and Supported by the U-M President’s Commission on Carbon Neutrality; Ann Arbor, MI,
2021.
Kemp, N. J.; Keoleian, G. A.; He, X.; Kasliwal, A. Life Cycle Greenhouse Gas Impacts of a Connected and
Automated SUV and Van. Transp. Res. Part D Transp. Environ. 2020, 83 (May), 102375.
https://doi.org/10.1016/j.trd.2020.102375
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Rebecca Elder
Columbia, MO 65203 | (816) 703.9767
belder@freshcoastclimate.com | Rebecca Elder, MPA | LinkedIn
SUMMARY
Becca Elder is the Senior Technical Analyst at Fresh Coast Climate Solutions. Becca is passionate about
harnessing the power of data to tell compelling stories and generate valuable insights that fuel bold and
effective climate action. Prior to joining Fresh Coast, Becca was the Sustainability Analyst for the City of
Columbia, Missouri, where she spearheaded efforts to track and evaluate progress on the City’s climate
action plan. Her expertise included conducting community-wide and municipal greenhouse gas
inventories, analyzing emissions trends, and modeling the potential impacts of strategies in the climate
action plan.
EXPERIENCE
Fresh Coast Climate Solutions Ann Arbor, Michigan
Senior Technical Analyst 2023-Present
• Conducts scope 1, 2, and 3 greenhouse gas emissions inventories accounting to various
methodologies
• Completes carbon due diligence and lifecycle analyses
• Builds client-facing presentations and generate actionable recommendations
City of Columbia, Missouri Columbia, MO
Sustainability Analyst July 2021 – July 2023
● Conducted annual municipal and community-wide greenhouse gas inventories and produced
public inventory reports
● Researched best practices and provided data-driven recommendations for implementation of
climate action plan
● Built Power BI dashboards to communicate community and municipal sustainability metrics
● Managed implementation of municipal building energy benchmarking policy
● Tracked energy performance and calculated emissions for all municipal facilities; identified optimal
investments and quantified energy, cost and emissions reduction potential
● Built emissions forecast for climate action plan through 2050 using ICLEI’s ClearPath tool; built
power BI dashboard to seamlessly compare actual vs. forecasted emissions from 2015 baseline
University of Missouri School of Public Affairs Columbia, MO
Graduate Research Assistant 2020 – 2021
• Managed data for research related to education equity
• Conducted literature reviews and data searches
• Assisted in preparing presentations of research
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Northwest Earth Institute Remote
Curriculum Developer 2019; 2023
• Reviewed and revised assigned sections of course books “Seeing Systems: Peace, Justice and
Sustainability” Edition 2 (2019) and “Choices for Sustainable Living” (2023)
• Worked with a curriculum committee to create synthesis in course books
Truman State University Sustainability Office Kirksville, Missouri
Sustainability Office Coordinator and Founder 2016 – 2018
● Initiated, created, and coordinated office and 5 interns
● Collaborated with staff to complete STARS sustainability reporting
● Coordinated sustainability committees across dormitories to promote sustainability
● Led development and coordination of Sustainability Week and Earth Week programs and events
● Created systems to collect and educate about glass, battery, plastic, and electronic recycling
The Green Thumb Project 2015 – 2018
Lead Coordinator, AmeriCorps Service Member
● Planned and implemented educational community events such as the annual Farm to Table Dinner,
annual Fall Harvest Festival, Spring Garden Festival, and Harvest of the Month events
● Managed organizational budgeting and reporting for $40,000 EPA grant
● Managed 10 interns and weekly student organization volunteer events
● Developed engaging curriculum for 24 garden classes/week that reached 500 students per year ages
3-12
Truman State University Kirksville, Missouri
Course Developer and Instructor 2016-2018
• Initiated and taught two sections of Sustainability Leadership Practicum (ENVS 340)
• Designed curriculum for and taught two semesters of Grassroots Environmentalism (ENVS 380)
• Presented lectures as Teaching Assistant for Environmental Justice Course (JINS 336)
EDUCATION
University of Missouri School of Public Affairs Columbia, Missouri
Masters of Public Affairs May 2023
AmeriCorps Fellow
Truman State University Kirksville, Missouri
Bachelor of Science in Environmental Studies May 2017
Magna Cum Laude
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Matthew Paper
Ann Arbor, MI 48103 | (816) 703.9767
mpaper@freshcoastclimate.com Matthew Paper MSc | LinkedIn
SUMMARY
Matthew Paper is a Technical Analyst at Fresh Coast Climate Solutions, focusing on Biodiversity and
Water related solutions. Matthew is passionate about using ecological data and creative problem solving
to develop actionable solutions for difficult climate change related questions. Prior to joining, Matthew
performed goal-based research on aquatic and terrestrial ecosystems as a Junior Researcher and
Implementation Officer for the Centre for Biological Control, Rhodes University. His role involved
extensive ecological surveying, performing goal-orientated research, statical data analysis, and developing
action plans to effectively manage highly impacted ecosystems.
RESEARCH EXPERIENCE
Fresh Coast Climate Solutions Ann Arbor, Michigan
Technical Analyst, Biodiversity & Water 2023-Present
• Perform goal-based research aimed at improving business sustainability practices
• Conduct biodiversity impact assessments, ecological data analyses and risk modeling and buildout
strategic sustainable solutions
• Perform Water Stewardship program due diligence and innovative program development
The Centre for Biological Control, Rhodes University, South Africa Grahamstown, South Africa
Junior researcher & Implementation Officer August 2018 – April 2022
● Designed and performed ecological research on aquatic and terrestrial ecosystems function in
response to anthropogenic impacts such as climate change, urbanization and agricultural/urban
waste in southern Africa, Argentina, USA
● Provided pro bono environmental remediation surveys and action plans on impacted freshwater
systems to struggling communities throughout southern Africa
● Worked alongside Argentina's Foundation for the Study of Invasive Species (FuEDEI), the USDA
and US Army Corp of Engineers and the Australian Commonwealth Scientific and Industrial
Research Organisation (CISRO) on goal orientated invasive plant species research
● Designed and executed survey methodologies, laboratory and field based scientific experiments,
genetic analysis, and analytical modeling for freshwater and terrestrial systems.
● Established and managed stakeholder engagement initiatives for highly impacted communities and
municipalities throughout southern Africa
● Developed biological sciences educational programmes for low-income areas of South Africa
● Presented research at internationally recognized conferences
The Department of Botany, Rhodes University, South Africa* Grahamstown, South Africa
Laboratory Technician & Research Assistant May 2018 – July 2018
● Performed ecological in savanna ecosystems across Central South Africa
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● Conducted biochemical (Total Non-Structural Carbohydrate) response assays on savanna plant
species exposed to elevated CO2 conditions for the Rhodes University Elevated CO2 Facility
● Performed biodiversity surveys at the Fort Hare Fire Trials
*Volunteered at the South African Institute for Aquatic Biodiversity
○ Performed open-ocean day trips surveying zooplankton the coast of South Africa
Aquatic Ecosystem Services, fisheries and environmental consultancy Grahamstown, South Africa
Data Analyst February 2018 – April 2018
● Input and data management for community programs established to assist rural fishing
communities on Lake Malawi
Divers Club Crete Crete, Greece
PADI Dive Master 2017
● Assisted researchers from the Hellenic Centre for Marine Research with data collection along the
northern reef of Crete, near the landmark of the Church of Agios Sozon.
● Performed guided scuba diving tours in the region of Agia Pelagia and the island of Dia
The Department of Zoology and Entomology, Rhodes University Grahamstown, South Africa
Course Demonstrator 2016
● Taught and practically demonstrated several sections of Cellular Biology (101, 102), Zoology (102,
201, 202) and Botany (201, 202)
EDUCATION
The Centre for Biological Control, Rhodes University Grahamstown, South Africa
Master of Science (Cum Laude) November 2021
National Research Foundation Innovation Scholarship
Department of Zoology & Entomology/Department of Botany Grahamstown, South Africa
Bachelor of Science in Zoology & Botany April 2017
PUBLICATIONS
Paper, M.K., Righetti, T., Raubenheimer, S.L., Coetzee, J.A., Sosa, A.J. and Hill, M.P., (2022) Effects of
elevated CO2 on feeding responses of biological control agents of Pontederia crassipes. Entomologia
Experimentalis et Applicata.
Coetzee, J.A., 2022. Paper MK, Miller BE, Kinsler D, Cilliers CJ, Hill MP (2022) Into Africa: Salvinia minima
Baker (Salviniaceae) invades South Africa. BioInvasions Records, 11(4), pp.1011-1018.
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INTERESTING HIGHLIGHTS
Volunteer at The Huron River Watershed Council
● Volunteer ecologist performing survey method development and in the field trialing
● Contribute to education programs and assist during volunteer field trips
Trekked the Annapurna Mountain range Nepal
● 30-day unguided trek through the foothill of the Annapurna Himal
Avid lover of the outdoors
● Completed multiple ultramarathon races – Great Lakes Relay (280mi), Rhodes Run (52km), Club to
Club (127km)
● Completed multiple kaya marathons races and multi-day tours – Tugela Marathon, Inhaka Island,
Orange River marathon
● Competed in several rock-climbing competitions and multi-day trips
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Rachel K. Cushard
rcushard@umich.edu | (586) 942-0783 | LinkedIn
SUMMARY
Rachel Cushard is majoring in Environmental Science and Psychology, with a minor in Sustainability. As a
Vice President of the Erb Sustainability Institute Undergraduate Fellowship and a member of the Graham
Sustainability Scholars Program, she is passionate about working collaboratively to innovate change.
Before joining Fresh Coast, Rachel interned for the City of Sterling Heights, Michigan within the Office of
Planning. She facilitated interactive workshops and created materials for hands-on activities to engage the
community and gain local input for their premier Climate Action Plan, which she will continue to draft as a
member of Fresh Coast. She also assembled resources for an urban forestry grant application to
strategically improve the city’s tree canopy and conducted data capture of water and energy usage by
municipal facilities. As winner of the 2023 Stellantis Student Achievement Award for her research on
decarbonizing mobility in the automotive industry, she has experience finding novel solutions. Rachel
brings a creative perspective to the team, and she is committed to driving impactful change at the
intersection of sustainability and business.
EXPERIENCE
Fresh Coast Climate Solutions Ann Arbor, Michigan
Associate September- December 2024
• Provided general support for technical sustainability projects
• Assisted in conducting corporate greenhouse gas emissions inventories
• Continued drafting of Climate Action Plan for the City of Sterling Heights
City of Sterling Heights Office of Planning Sterling Heights, MI
Sustainability Intern May-August 2024
• Facilitated community engagement to gain local input for revision of Master Land Use Plan
resulting in a workshop event with 70 attendees, 120 virtual interactive map contributions, and
3,200 Market Survey responses
• Assembled resources for $225,000 IRA Urban and Community Forestry Grant application to
strategically improve the City’s tree canopy by planting 725 trees in underserved communities
utilizing a multi-factor weighted schema
• Assisted in Climate Action Plan development by creating Sustainability Open House event
materials and advancing community involvement through hands-on activities regarding sustainable
infrastructure and priority budgeting
• Conducted Energy Star data capture of water and energy usage by all municipal buildings and
facilities
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Theta Alpha Psi Professional Sustainability Fraternity Ann Arbor, MI
Zero-Waste Chair & Ongoing Member February 2023-Present
• Managed recruitment events attended by 200+ students by leading application review, executing
behavioral interviews, arranging a participatory seminar, and supervising a case competition to
refine our pool of candidates
• Established sustainability initiatives for retreat attended by 40 members, implementing materials
compatible with the Office of Campus Sustainability’s composting standards, resulting in a 60%
waste decrease from the previous year
Environmental Consulting Organization at the University of Michigan Ann Arbor, MI
Business Analyst & Ongoing Member 2016 – 2018
• Collaborated with the founder of Oshki, a sustainable clothing startup, to research synthetic
materials manufacturing processes to incorporate a powdered filament derived from invasive
Zebra Mussel shells in the Great Lakes
Pantanal Partnership Sustainability Project Team at the University of Michigan Ann Arbor, MI
Project Partner & Ongoing Member January – May 2024
● Analyzed air quality evaluation metrics by quantifying particulate matter accumulation within a
sustainable waste incinerator designed, constructed, and tested by our project team, and
implemented in the Pantanal region of Brazil
MECC Consulting Group at the University of Michigan Ann Arbor, MI
Business Analyst & Ongoing Member February 2024 – Present
● Developed customer outreach initiatives for local restaurant by conducting a competitor analysis,
formulating community engagement strategies, analyzing survey response data, and inquiring with
potential partner organizations
Seven Mile Arts, Music, and Coding Ann Arbor, MI
Secretary January 2023 – May 2024
● Authored and published engaging weekly online newsletter communications reaching an audience
of 150+ students and senior directors to raise awareness of opportunities for community
involvement, upcoming events, and deadlines
EDUCATION
University of Michigan – College of Literature, Science, and the Arts Ann Arbor, MI
B.A. in Environmental Science & B.A. in Psychology, Minor in Sustainability April 2026
• GPA: 3.79/4.00
• U-M Graham Sustainability Institute Scholar
• Erb Institute Undergraduate Fellowship with Ross School of Business & School for Environment
and Sustainability
• Awards & Achievements: 2023 Stellantis Student Achievement Award, University of Michigan
Honors, Psi Chi International Honor Society, University of Michigan Planet Blue Ambassador
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: Request to amend the planned unit
development (PUD) at Harbour Towne to allow
for the construction of 28 new condo units.
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
The proposed buildings include six fourplexes and two duplexes.
Detailed Summary & Background:
The original PUD for Harbour Towne called for up to 250 units, however, only 190 units were built. The
time has lapsed to complete the additional units, so the PUD must be amended. A discussion was
had regarding the installation of sidewalks, which was an original condition of approval. The PUD was
amended in 2002 to add three additional duplexes along Fulton St. That amendment noted that the
original agreement for sidewalks for the PUD is retained. During the July 11, 2002 Planning Commission
meeting it was noted: “In previous amendments the issue of pedestrian walkways has come up. The
original PUD required that walkways (sidewalks) be provided when the PUD became more fully
developed. This issue needs to be resolved. Cement sidewalks may not be practical in the
development. A boardwalk may be cost prohibitive. An option may be that a pedestrian/bike lane
be painted on the existing street demarking a pedestrian area that will prompt motorists to be
mindful of pedestrians and cyclists. The existing swath of pavement is fairly wide and open, which
can actually promote speeding in the development.”
The Planning Commission voted in favor (5 to 3, 1 absent) of recommending approval of the project
with the following conditions:
1. A turnaround must be incorporated at the end of Channel View Point.
2. An additional fire hydrant must be added along Channel View Point.
3. A stormwater permit must be obtained from the Engineering Department before construction
commences
4. A landscaping plan is provided.
5. Sidewalks through Harbour Towne Circle East and West are installed within two years from the
commencement of construction.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
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Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move that the request to amend the planned unit development (PUD) at Harbour Towne to allow
for the construction of 28 new condo units be approved with the following conditions:
1. A turnaround must be incorporated at the end of Channel View Point.
2. An additional fire hydrant must be added along Channel View Point.
3. A stormwater permit must be obtained from the Engineering Department before construction
commences
4. A landscaping plan is provided.
5. Sidewalks through Harbour Towne Circle East and West are installed within two years from the
commencement of construction.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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Hearing, Case 2024-26: Request to amend the planned unit development (PUD) at Harbour Towne
to allow for the construction of 28 new condo units.
SUMMARY
1. The original PUD plans were approved on June 12, 1990. The approved plans included a
maximum of 250 residential units. There appears to be 190 units developed as of today.
However, the timeline to develop these units has expired and the proposed units are in
slightly different areas than originally approved.
2. The PUD was amended in 2002 to add three additional duplexes along Fulton St. That
amendment noted that the original agreement for sidewalks for the PUD is retained. During
the July 11, 2002 Planning Commission meeting it was noted: “In previous amendments
the issue of pedestrian walkways has come up. The original PUD required that walkways
(sidewalks) be provided when the PUD became more fully developed. This issue needs to
be resolved. Cement sidewalks may not be practical in the development. A boardwalk may
be cost prohibitive. An option may be that a pedestrian/bike lane be painted on the existing
street demarking a pedestrian area that will prompt motorists to be mindful of pedestrians
and cyclists. The existing swath of pavement is fairly wide and open, which can actually
promote speeding in the development.”
3. This amendment proposes eight new structures (six fourplexes, two duplexes) for a total of
28 new units.
4. The fire department has noted that some sort of turnaround must be added at the end of
Channel View Point. The current length exceeds the limit of 150 ft to a dead end without
an approved turnaround. Additionally, another hydrant must be added along Channel View
Point.
5. A stormwater permit from the Engineering Department will be required.
6. No landscaping plan has been provided.
7. Notice was sent to all parcels within 300 feet of this property. At the time of this writing,
staff had not received any comments from the public.
Harbour Towne Circle looking south.
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STAFF RECOMMENDATION
Staff recommends approval of the PUD amendment with the following conditions:
1. A turnaround must be incorporated at the end of Channel View Point.
2. An additional fire hydrant must be added along Channel View Point.
3. A stormwater permit must be obtained from the Engineering Department before
construction commences.
4. A landscaping plan is provided.
5. A decision is made regarding the installation of sidewalks.
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CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.________
An ordinance to amend the final planned unit development at Harbour Towne.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The planned unit development is hereby amended to allow the addition of 28 new housing units with the
following conditions:
1. A turnaround must be incorporated at the end of Channel View Point.
2. An additional fire hydrant must be added along Channel View Point.
3. A stormwater permit must be obtained from the Engineering Department before construction
commences.
4. A landscaping plan is provided.
5. Sidewalks through Harbour Towne Circle East and West are installed within 2 years from the
commencement of construction.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
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CERTIFICATE
(Amendment to the Planned Unit Development at Harbour Towne)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does
hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission
of the City of Muskegon, at a regular meeting of the City Commission on the 22nd day of October, at which
meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.
DATED: ___________________, 2024 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
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CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on October 22, 2024, the City Commission of the City of Muskegon adopted an
ordinance amending the planned unit development at Harbour Towne.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2024
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: Amendment to the Real Estate Purchase
and Sale Agreement for 2675 Olthoff Drive
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
2675 Olthoff, LLC (formerly Bluewater Industrial Development, LLC) is requesting an amendment to
the first real estate purchase and sale agreement approved on May 14, 2024.
Detailed Summary & Background:
On May 14, 2024, the City Commission approved a sale of 12.87 acres at 2675 Olthoff Drive to
Bluewater Industrial Development, LLC. This space will be used to construct a 215,000 square foot
facility for Forming Technologies. The amendments to the original agreement include an extension of
the due diligence period as well removal of language pertaining to the construction of a retention
pond.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Progress toward completion of ongoing economic development projects
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
Yes No X N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No X N/A
Recommended Motion:
Motion to approve the Real Estate Purchase and Sale Agreement amendment with 2675 Olthoff Dr.,
LLC and to authorize the mayor and clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
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Communication
Legal Review
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: Second Amendment to Employment
Agreement
Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office
Brief Summary:
In the summer of 2024, the City Manager received a review from the City Commission. The
Commission found that the manager exceeded expectations on average with an overall score of 1.4
(with 1 being the best). The city's commissioners, division, and department heads reviewed his
performance. Based on this review, the City Manager is requesting an update to his contract
regarding his base wage.
Detailed Summary & Background:
Earlier in 2024, the City Commission created a subcommittee to update the city manager's review
process. The updated review included two components: a review completed by division and
department heads whose results were provided to the City Commission and a review completed by
the City Commission. The City Commission completed its annual review of the City Manager in a
closed session on June 25, 2024.
The review was completed on a three-point scale, with 1 exceeding expectations, 2 meeting
expectations, and 3 below expectations. The manager's average score was 1.4.
Given the favorable review and the competitive nature of the City Manager field, where average
salaries for Michigan communities the size of Muskegon are about $178,000 a year and where the
average wage of Muskegon's peer communities in West Michigan is $185,800, the city manager is
requesting that his base salary be adjusted to $185,000 effective July 1, 2024.
The manager's current base salary is $162,864.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
$22,136 Yes No X N/A
Fund(s) or Account(s): Budget Amendment Needed:
101-172-5100 Yes X No N/A
Recommended Motion:
Page 181 of 262
I move to approve the Second Amendment to the City Manager's Employment Agreement effective
July 1, 2024
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review X
Page 182 of 262
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
This Second Amendment between City of Muskegon (“City”), 933 Terrace St, Muskegon,
Michigan 49440 and Jonathan Seyferth (“Seyferth”), 933 Terrace St, Muskegon, Michigan 49440
has been entered into pursuant to the following terms:
Recitals
A. City and Seyferth entered into an Employment Agreement effective November 28,
2022, and a First Amendment effective , , 202 .
B. City and Seyferth seek to make one (1) Amendment to that Employment
Agreement.
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Section 2 of the Employment Agreement shall be revised to provide an annual
salary of One Hundred Eighty-Five Thousand Dollars and Zero Cents
($185.000.00) effective , , 202 .
As to all other respects, the Employment Agreement shall continue in force as if restated
herein.
CITY OF MUSKEGON
Dated: ___________, 202 ___ By:
Name: Ken Johnson, Its Mayor
Dated: ___________, 202 ___ By:
Name: Ann Marie Meisch, Its Clerk
Dated: ___________, 202 ___ By:
Name: Jonathan Seyferth, Its
Page 183 of 262
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: Expansion and Removal of Neighborhood
Enterprise Zone Districts
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
Staff is proposing the expansion of the Neighborhood Enterprise Zone Districts in core neighborhoods
in the City. This expansion will allow developers and current property owners to take advantage of
this incentive where there are several vacant properties. We are also proposing removal of sites
where the zoning has changed, or other incentives will make NEZ ineffective.
Detailed Summary & Background:
Pursuant to Public Act 147 of the Michigan Public Acts of 1992, staff has requested the expansion and
removal of certain Neighborhood Enterprise Zone (NEZ) Districts. The City of Muskegon has utilized
NEZs as a tool to encourage the construction of new homes and the rehabilitation of existing ones.
These zones have played a crucial role in stabilizing and revitalizing neighborhoods, creating more
housing opportunities for moderate-income residents, and attracting private developer investment.
The incentive is designed to increase the housing supply in core neighborhoods and stimulate
additional investments by current homeowners.
Prior to the proposed adjustments, some housing developments were unable to benefit from this
initiative due to the location of existing NEZ boundaries. The removal of certain areas from the NEZ
districts reflects changes in zoning, excluding areas no longer designated for residential use, such as
creeks and schools, or areas benefiting from alternative incentives. This includes neighborhoods with
few or no vacant lots, or where no active NEZ districts currently exist. Additionally, we plan to remove
the NEZ designation in the Port City Industrial Park. Originally, this NEZ was intended to take
advantage of the Michigan Economic Growth Authority (MEGA) program, which is no longer offered.
Although no record of a resolution approving a district in the Port City Industrial Park can be found,
we seek to comply with the Muskegon County Assessor's office.
State law allows for up to 15% of the total acreage within the boundaries of a local government unit
to be designated as NEZs. Properties within the updated NEZ districts will be eligible to apply for NEZ
certificates, which reduce residential property taxes on newly constructed or rehabilitated homes.
Notice letters were sent to the affected taxing jurisdictions on October 10, 2024, and a public hearing
was held on October 22, 2024. In accordance with state law, the resolution must be adopted no
sooner than 60 days after the notice letters were sent.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Progress toward completion of ongoing economic development projects
Page 184 of 262
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Improved community vibrancy through
infill development
Amount Requested: Budgeted Item:
N/A Yes No X N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No X N/A
Recommended Motion:
I move to approve the amendment to the Neighborhood Enterprise Zone (NEZ) Districts, as
requested. This includes the expansion of Neighborhood Enterprise Zone Districts to encourage new
and rehabilitated housing, while removing areas no longer zoned for residential use.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 185 of 262
Existing City of Muskegon NEZ Map
Rehab and New Construction NEZ
New Construction NEZ
Port City Industrial Center NEZ Boundary
Page 186 of 262
Proposed City of Muskegon NEZ Map
Existing Rehab and New Construction NEZ
Existing New Construction NEZ
To be Removed From NEZ Boundary
To be Added to Rehab and New Construction NEZ
Page 187 of 262
Proposed City of Muskegon NEZ Map
Proposed Rehab and New Construction NEZ
Proposed New Construction NEZ
Page 188 of 262
NEIGHBORHOOD ENTERPRISE ZONE (NEZ)
The Neighborhood Enterprise Zone (NEZ) program was contiguous. Minimum number of parcels and maximum
established by Public Act 147 of 1992, as amended. The program percent of acreage vary depending on type of designation.
provides a tax incentive for the development and rehabilitation 2. Written notice is provided to the assessor and to the governing
of residential housing. A qualified local unit of government may body of each taxing unit not less than 60 days before passing
designate one or more areas as a NEZ within that local unit of the resolution designating a NEZ.
government. The program was established to spur the development 3. The governing body makes a finding that the proposed NEZ is
and rehabilitation of residential housing in communities where it consistent with the master plan, neighborhood preservation and
may not otherwise occur. The program also encourages owner- economic development goals of the local governmental unit.
occupied housing and new investment in communities. 4. The governing body adopts a statement of the local unit of
government’s goals, objectives and policies relative to the
Note: This document is offered as a general guide only and the maintenance, preservation, improvement and development of
legislation should be reviewed by local officials. housing for all persons regardless of income level living within
the proposed NEZ.
WHO IS ELIGIBLE? 5. The governing body passes a housing inspection ordinance that,
A qualified local unit of government, as defined under Section 2 at a minimum, requires that before the sale of a unit in a new
of the Obsolete Property Rehabilitation Act 2000 PA 146, or a or rehabilitated facility for which a NEZ certificate is in effect,
county seat. an inspection is made of the unit to determine compliance with
any local construction or safety codes and that a sale may not be
HOW DOES IT WORK? finalized until there is compliance with those local codes.
A community will reduce the taxes on property for up to 15 6. The governing body holds a public hearing not later than
years in designated areas to promote the revitalization of those 45 days after the date the notice is sent but before acting
neighborhoods. Developers and owners must first seek approval upon resolution.
for the NEZ benefits before starting a project. There are two 7. Assessor determines and furnishes the governing body the
different types of projects that can be undertaken in an NEZ: amount of true cash value of the property located within the
• A rehabilitated facility is defined as an existing structure or a proposed NEZ and any other information considered necessary
portion of an existing structure with a current true cash value by the governing body.
of $80,000 or less per unit that has or will have as its primary 8. The clerk of the governing body notifies the state tax
purpose residential housing consisting of 1–8 units. commission of resolution passage, including a copy of the
• A new facility is defined as a new structure or portion of a new resolution and a listing of each parcel located in the NEZ,
structure that has as its primary purpose residential housing showing parcel code numbers and addresses.
consisting of one or two units, one of which will be owner
occupied as a principal residence. This definition includes a new Owner/developer process for obtaining a NEZ certificate
individual condominium unit, in a structure with one or more 1. An owner or developer (or prospective owner or developer)
condominium units, that has as its primary purpose residential of a proposed new facility or proposing to rehab property
housing which will be owner-occupied as a principal residence. in a NEZ files an application for an NEZ certificate with the
Except when project meets all of the following items, a new clerk of the local government. The application must be filed
facility does not include apartments: before a building permit is issued for the new construction
• Rented or leased or is available for rent or lease. or rehabilitation of the facility, unless they qualify for the
• A mixed-use building or located in a mixed use building that exceptions provided for in Section 4 (2) of the Act.
contains retail business space on street level floor. 2. An owner/developer obtains a building permit and submits a
• Located in a qualified downtown district (Downtown Development copy to the local unit of government
Authority, Principal Shopping District or boundaries identified by 3. Upon project completion, the property owner must submit to
the local government in an area zoned and primarily used the local unit of government the following:
for business). » New Facility/Homestead Facility—certificate of occupancy
and/ or an affidavit executed by the owner affirming that the
WHAT IS THE PROCESS? facility is occupied by the owner as a principal residence.
Local government process to designate a NEZ » Rehabilitated Facility—an affidavit executed by the owner
1. The governing body of a qualified local unit of government by affirming that the facility is occupied by the owner as a
resolution may designate one or more NEZs within that local principal residence, a certificate that the improvements have
governmental unit. The NEZ must contain, at a minimum, met the minimum cost requirements and the local building
platted parcels of land and the land must be compact and code standards issued by the local building inspector, and
©2020 Michigan Economic Development Corporation 4755-200127 | 09.20
Page 189 of 262
a certificate of occupancy if required by the local building » The NEZ tax is not paid or property tax is not paid.
permits or codes. » The structure is not in compliance with local construction,
4. The local government will forward an application approved by building or safety codes.
resolution and the appropriate documentation (building permit, • Requests for certificate revocation must be made to the State Tax
resolution contractor estimates, legal description and parcel Commission.
number) to the state tax commission within 60 days of receiving it.
5. The State Tax Commission will issue a certificate to the NEZ Tax
applicant if it is determined that the facility complies with the • The NEZ tax is levied on NEZ certificate holders in place of ad
NEZ program requirements within 60 days of receipt of the valorem real property taxes on the new or rehabilitated facility
complete application from local government. Copies of the (not on the land on which the facility is located). The property
certificate will be sent to the applicant, assessor’s office and taxes levied on the land will continue to be collected as they
each affected taxing unit. would without the NEZ designation.
• The NEZ tax is an annual tax payable at the same time, and
Rehabilitation cost requirements in the same way, taxes under the general property tax act are
• Improvements, if done by a licensed contractor, are estimated collected.
at more than $5,000 per owner-occupied unit or 50 percent of • Until paid, the NEZ tax is a lien on the real property upon which
the true cash value (whichever is less), or $7,500 per non-owner- the new facility or rehabilitated facility subject to the certificate
occupied unit or 50 percent of the true cash value (whichever is located.
is less). • School taxes are reimbursed by the state.
• If the owner proposes improvements that would be done by the
owner, the cost of the materials must be in excess of $3,000 per New facility property tax calculation
owner-occupied unit or $4,500 per non-owner-occupied unit. • Financial Residence Property: Apply one-half of the previous
Improvements estimated by the owner should not include the year’s state average principal residence millage rate to the value
cost of labor. of the facility.
• These improvements must bring the structure into conformance • Non-principal Residence Property: Apply one-half of the
with minimum building code standards. A rehabilitated facility previous year’s state average non-principal residence millage rate
does not include a facility rehabilitated with the proceeds of an to the taxable value of the facility
insurance policy for property or casualty loss. • The NEZ tax on new construction attached to an existing
facility will only apply to the addition. The rest of the facility will
NEZ certificate continue to be assessed regular property taxes.
• The NEZ certificate becomes effective December 31 of the year
the new facility or rehabilitated facility is substantially completed Rehabilitated facility tax calculation
and for a new facility occupied by an owner as a principal • Apply the current total millage rate to the previous year’s taxable
residence; or if a new facility is substantially completed in a year value of the rehabilitated portion of the facility (not including
but is not occupied by an owner as a principal residence until the land).
the following year, upon the request of the owner, the effective
date of the NEZ shall be December 31 in the year immediately WHY WOULD A COMMUNITY
preceding the date of occupancy by the owner as a principal WANT TO ESTABLISH A NEZ?
resident; or upon the request of the owner, the effective date of A Neighborhood Enterprise Zone provides a tax incentive for
the NEZ for a rehabilitated facility shall be December 31 in the the development and rehabilitation of residential housing and to
year immediately preceding the date on which the rehabilitated spur the development and rehabilitation of residential housing
facility is substantially completed. in communities where it may not otherwise occur. A NEZ
• Certificates are effective for up to 17 years, depending on the also promotes neighborhood revitalization, encourages owner
local government unit and the type of project. occupied housing and new investment by lowering property taxes.
• A certificate can be transferred to succeeding property owners
within the 12 years provided that the new owner meets the NEZ SUPPORTING STATUTE
requirements for the program. Neighborhood Enterprise Zone Act: Public Act 147 of 1992
• A certificate expires if an owner fails to complete the filing
within two years after the certificate is issued. CONTACT INFORMATION
• A certificate is automatically revoked if any one of the following For more information, contact the Community Assistance
exists: Team (CAT) specialist assigned to your territory or visit
» The new facility is no longer a homestead or residential www.miplace.org.
facility.
©2020 Michigan Economic Development Corporation 4755-200127 | 09.20
Page 190 of 262
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO CREATE AND AMEND NEIGHBORHOOD ENTERPRIZE ZONE DISTRICTS
WITHIN THE CITY OF MUSKEGON
WHEREAS, the City of Muskegon currently has established Neighborhood Enterprise Zone districts within the
City pursuant to Public Act 147 of the Michigan Public Acts of 1992, and;
WHEREAS, the City of Muskegon would like to amend existing Neighborhood Enterprise Zone districts to new
locations within the City, and;
WHEREAS, the City of Muskegon would like to remove certain areas from the Neighborhood Enterprise Zone
and;
WHEREAS, notices were sent to the local taxing jurisdictions on October 10, 2024, and;
WHEREAS, a public hearing was held regarding the creation of this new district on October 22, 2024 at a
regular commission meeting of the City of Muskegon; and;
WHEREAS, the old district boundaries will include properties as shown in Exhibit A, and;
WHEREAS, the new and removed boundaries will include properties as shown in Exhibit B, and;
WHEREAS, the total square footage of Neighborhood Enterprise Zone districts in Muskegon will not exceed
15% of the total square footage of the City pursuant to the Act;
NOW, THEREFORE, BE IT RESOLVED that the new Neighborhood Enterprise Zone districts in the City of
Muskegon have been approved.
Adopted this 22th day of October, 2024.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
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CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City
Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on October 22,
2024.
By: ________________________
Ann Meisch
City Clerk
Page 192 of 262
Existing City of Muskegon NEZ Map
Rehab and New Construction NEZ Exhibit A
New Construction NEZ
Port City Industrial Center NEZ Boundary
Page 193 of 262
Exhibit B
Proposed City of Muskegon NEZ Map
Existing Rehab and New Construction NEZ
Existing New Construction NEZ
To be Removed From NEZ Boundary
To be Added to Rehab and New Construction NEZ
Page 194 of 262
Proposed City of Muskegon NEZ Map
Proposed Rehab and New Construction NEZ
Proposed New Construction NEZ
Page 195 of 262
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: Public Hearing, Brownfield Plan
Amendment- Muskegon Midtown Center LLC,
1095 3rd St.
Submitted by: Contessa Alexander, Development Department: Economic Development
Analyst
Brief Summary:
Muskegon Midtown Center, LLC has submitted a Brownfield Plan Amendment for the redevelopment
of 1095 3rd Street. The project involves the rehabilitation and expansion of a vacant and blighted
office building into a mixed-use commercial and residential facility. This redevelopment will bring the
property back onto the tax rolls, provide much-needed housing, create temporary and long-term
jobs, and contribute to the economic development of Muskegon.
Detailed Summary & Background:
The project site consists of two adjacent parcels, currently blighted and vacant, located at 1095 3rd
Street. Historically used for retail and office purposes, the property was acquired by the developer in
July 2024. The redevelopment includes residential apartments, commercial spaces, and site
improvements. Construction began in Summer 2024, with completion anticipated by Winter 2025. The
private investment is estimated at $11,181,000, with the creation of 30 full-time equivalent (FTE) jobs
expected within two years of project completion.
Eligible activities for reimbursement through the Brownfield Plan include environmental assessments,
site demolition, preparation, architecture, and engineering work. Specific activities are as follows:
• Phase I ESA/Baseline Environmental Assessment: $31,978
• Site Demolition: $250,000
• Site Preparation: $86,500
• Architecture and Engineering Fees: $245,000
• Brownfield Plan Development: $10,000
Administrative costs of the CMBRA, calculated as 10% of total eligible activities, are estimated at
$62,547.80. Interest expenses at 5.00% are also eligible for reimbursement. The capture period is set for
30 years plus an additional 5 years for the brownfield redevelopment loan fund.
Total Potential Eligible Activity Costs: $688,025.80 (inclusive of contingencies, financing costs, and
administrative fees).
The Development and Reimbursement Agreement is included in this plan. The following are the key
highlights from the agreement:
Reimbursement Source:
The Developer and the City will be reimbursed for the costs of approved Eligible Activities (such as
demolition, site preparation, and infrastructure improvements) through Brownfield Tax Increment
Financing (TIF) Revenue. This revenue is generated from increases in property taxes on the
Page 196 of 262
redeveloped property.
Reimbursement Process:
Both the Developer and the City must submit reimbursement requests to the Authority, accompanied
by the required documentation.
The Authority will review and either approve or dispute the reimbursement request within 30 days.
Payments will be made as tax revenues become available.
If there is insufficient revenue to cover the full reimbursement in any period, the remaining amount will
be paid in subsequent periods as additional revenue becomes available.
Term of Agreement:
The agreement will continue until the Developer and the City have been fully reimbursed or until
December 31, 2060, whichever occurs first. After this date, any remaining captured tax revenue will
be used to fund a Brownfield Revolving Loan Program.
Legislative Authorization:
This agreement is governed by Act 381, and any changes in the law that affect Brownfield TIF
capture or eligible activities will adjust the agreement accordingly.
Assignment:
The rights and obligations under this agreement cannot be transferred without the consent of the
other parties, except that the Developer and the City may assign their interests to affiliates for
financing purposes.
Miscellaneous Provisions:
The agreement includes standard legal provisions regarding the handling of notices, governing law
(Michigan), and the execution of the agreement in counterparts.
The Brownfield Redevelopment Authority has reviewed and approved this plan on October 10, 2024
and recommends that the City Commission consider adopting it.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move that the City Commission approve the Brownfield Redevelopment Plan for the property
located at 1095 3rd St., and authorize the Mayor and City Clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head Yes
Information
Technology
Page 197 of 262
Other Division Heads
Communication
Legal Review X
Page 198 of 262
Page 199 of 262
Page 200 of 262
CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY
BROWNFIELD PLAN AMENDMENT FOR MUSKEGON MIDTOWN CENTER, LLC
1095 3rd Street, Muskegon, Michigan
October 7, 2024
Prepared By Muskegon Midtown Center, LLC
Page 201 of 262
PROJECT NAME
1095 3rd Street Redevelopment
DEVELOPER
Muskegon Midtown Center, LLC
ELIGIBLE PROPERTY LOCATION
1095 3rd Street, Muskegon, MI 49441
TYPE OF ELIGIBLE PROPERTY
Blighted
SUBJECT PROJECT DESCRIPTION
The subject project is located on two adjacent parcels. Parcel 1 (61-24-205-350-0009-00) is currently a vacant
and blighted office building with an asphalt covered parking lot. Parcel 2 (61-24-205-350-0001-00) is
currently an asphalt covered parking lot. Muskegon Midtown Center, LLC will redevelop the two parcels as
a mixed-use commercial/residential facility. The initial phase of redevelopment will consist of the
rehabilitation and expansion of the existing building for apartments and commercial spaces as well as
surrounding site improvements.
The proposed project included in this Brownfield Plan will benefit the local community by bringing a
previously-blighted vacant publicly-owned property back onto the tax rolls. The property will generate tax
revenues and provide much-needed housing for the City of Muskegon. The project also includes temporary
job creation for construction of the facility and long-term job creation for commercial spaces.
The subject property is currently a blighted vacant office building with an asphalt covered parking lot.
According to historic sources, the subject property has been used for both retail and office over the past 100
years. City of Muskegon records indicate that the subject property was purchased by the city in 2020.
Muskegon Midtown Center, LLC acquired the subject property from the City of Muskegon in September of
2024. Environmental assessments have already been performed and construction is scheduled to begin in
the Fall of 2024. Redevelopment is anticipated to be complete by the Winter of 2025. The private investment
is estimated at $11,181,000. Muskegon Midtown Center, LLC anticipates the creation of thirty full-time
equivalent (FTE) jobs within two years of project completion. No FTE jobs will be retained as the property is
currently vacant.
ELIGIBLE ACTIVITIES
Specific costs to be paid for with tax increment revenues are detailed in Table 1 and described below.
Eligible costs for reimbursement include a Phase I ESA and a Baseline Environmental Assessment (BEA) at a
cost of $33,978 (including $12,978 that the Developer will reimburse to Greater Muskegon Economic
Development (GMED) under a separate agreement between the Developer and GMED).
The project also includes “non‐environmental costs” that are eligible for reimbursement through the
Brownfield Plan. Specific non‐environmental eligible costs include, site demolition activities, site preparation
activities, and certain architecture and engineering fees.
Site demolition will include removal of the building façade and the removal of asphalt parking lot on western
portions of the site for the building expansion at a combined cost of $250,000.
Page 202 of 262
Site preparation activities will include: the transport and disposal of soils that are unsuitable for construction
($50,000); backfill of the removed soil ($25,000); staking ($4,000); temporary erosion control ($3,000); and
temporary fencing ($5,000).
Architecture and engineering fees are estimated at $245,000.
The development of the Brownfield Plan is an eligible activity, estimated at a proposed cost of $10,000.
The Plan also includes Administrative Costs of the CMBRA. For the purposes of this Plan the Administrative
Costs of the CMBRA were projected by calculating 10% of the cost of total eligible activities inclusive of
contingencies. The capture of tax increment for Administrative Costs will be reimbursed as “City Eligible
Expenses,” and will not exceed 10% of eligible activities inclusive of contingencies.
Interest expense is an eligible expense and is included in this Brownfield Plan at 5.00%.
The total potential brownfield eligible activity costs—including contingencies, financing costs, administrative
fees, preparation of the Brownfield Plan and Act 381 Work Plan — are estimated at $868,728.00.
DEVELOPER’S REIMBURSABLE COSTS
Table 1
Expense Category Reimbursement Amount
Phase 1 / BEA $33,978.00
Site Demolition $250,000.00
Site Preparation $86,500.00
Engineering $245,000.00
Plan Development $10,000.00
Developer Total $625,478.00
City Eligible Expenses $62,547.80
Grand Total $688,025.80
MAXIMUM DURATION OF CAPTURE
30 years plus 5 additional years by the Brownfield Authority to fund the Brownfield Revolving Loan Fund
ESTIMATED TOTAL CAPITAL INVESTMENT
$11,181,000
INITIAL TAXABLE VALUE
$0 (City & County Owned)
EFFECTIVE DATE OF INCLUSION IN THE BROWNFIELD PLAN
The Muskegon Midtown Center project was added to this Plan on , 2024 and
will be amended accordingly upon adoption of this Plan Amendment.
METHOD OF FINANCING ADVANCES BY MUNICIPALITY
Eligible costs will be reimbursed through tax increment financing and other leveraged incentives. Eligible
activities do include interest expense (financing costs). Interest will be calculated at 5.00% annually on
Page 203 of 262
unreimbursed principal costs. Simple interest will be paid after all principal is paid. The costs are approved
for reimbursement with local tax increment revenues.
No advances by the municipality have been made or are anticipated.
MAXIUM AMOUNT OF NOTE OR BONDED INDEBTEDNESS
At this time, there are no plans by the Authority to incur indebtedness to support development of this site,
but such plans could be made in the future to assist in the development if the Authority so chooses.
ESTIMATED IMPACT OF TIF ON REVENUES OF TAXING JURISDICTIONS
The estimated amount of tax increment revenues to be captured for this redevelopment from each taxing
jurisdiction by year and in aggregate is presented as Table 2.
LEGAL DESCRIPTION
The property subject to this Brownfield Plan consists of two parcels. The tax identification number of the
parcels are:
Parcel 1: 61-24-205-350-0009-00; and
Parcel 2: 61-24-205-350-0001-00.
The legal description for the parcels is as follows:
Parcel 1: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 9 EX W 15 FT TH'OF LOT
10 11 12 ALL LOT 13 EX A TRI PIECE IN SECOR SD LOT COMM AT SECOR
TH N 3.85 FT TH SWLY TO A PT ON THE SELY LN LOT 13 3.85 FT W OF
POB TH 3.85 FT TO POB BLK 350; and
Parcel 2: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 BLK 350
The property meets the definition of a “brownfield” as defined by Public Act 381
ESTIMATES OF RESIDENTS AND DISPLACEMENT OF FAMILIES
The property is a vacant office building. Therefore, there are no plans for displacement of families
PLAN FOR RELOCATION OF DISPLACED PERSONS
Not applicable.
PROVISIONS FOR RELOCATION COSTS
Not applicable.
STRATEGY FOR COMPLIANCE WITH MICHIGAN’S RELOCATION ASSISTANCE LAW
Not applicable.
OTHER MATERIAL THAT THE AUTHORITY OR GOVERNING BODY CONSIDERS PERTINENT
Not applicable.
Page 204 of 262
DEVELOPMENT AND REIMBURSEMENT AGREEMENT
This DEVELOPMENT AND REIMBURSEMENT AGREEMENT (the "Agreement") is made on _________, 2024, by and
among the CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY, a Michigan public body corporate
whose address is 933 Terrace Street, Muskegon, Michigan 49440 (the "Authority"), the CITY OF MUSKEGON, a
public body corporate whose address is 933 Terrace Street, Muskegon, Michigan 49440 (the "City"), and
MUSKEGON MIDTOWN CENTER, LLC, a Michigan limited liability company whose address is 700 Terrace Pointe
Drive, Suite 200, Muskegon, Michigan 49440 (the "Developer").
RECITALS
A. Pursuant to P.A. 381 of 1996, as amended ("Act 381"), the Authority approved and recommended a
Brownfield Plan which was duly approved by the City (the “Plan''). The Plan was amended on _______________
(the “Amendment” and, together with the Plan, the "Brownfield Plan") to identify a new redevelopment project
proposed by the Developer.
B. The Brownfield Plan includes specific eligible activities associated with the Developer’s plan to
redevelop land located at 1095 3rd Street and 301 W Muskegon Avenue in Muskegon, Michigan (collectively, the
"Property").
C. The Developer owns the Property, which is included in the Brownfield Plan as an “eligible property.”
D. The Property is not currently included any other Tax Increment Finance District that would have claim
to the tax increment created on the Property, including the Muskegon Downtown Development Authority TIF
District.
E. The Developer intends to conduct eligible activities on the Property in order to develop the site into
a mix-use residential and commercial building (the "Project"); including demolition, site preparation,
infrastructure improvements, and brownfield plan/work plan preparation and development, as described in the
Brownfield Plan, with an estimated cost of $612,500, plus interest at the current Applicable Federal Rate (the
"Developer Eligible Activities As part of the Project, the City also intends to conduct certain activities as described
in the Brownfield Plan, with an estimated cost of $61,250, plus interest at the current Applicable Federal Rate (the
"City Eligible Activities"). All of the Developer Eligible Activities and the City Eligible Activities (together, the "Eligible
Activities")' are eligible for reimbursement under Act 381. The total cost of the Eligible Activities, including
contingencies, are not to exceed $673,500, plus interest calculated annually at the Applicable Federal Rate (the
"Total Eligible Brownfield TIF Costs").
F. Act 381 permits the Authority to capture and use local property tax revenues generated from the
incremental increase in property value of a redeveloped brownfield site constituting an "eligible property" under
Act 381 (the "Brownfield TIF Revenue") to pay or to reimburse the payment of Eligible Activities conducted on the
"eligible property.” The Brownfield TIF Revenue will be used to reimburse the Developer for the Developer Eligible
Activities and the Brownfield Authority for the Brownfield Authority Eligible Activities incurred and approved for
the Project.
G. Act 381 permits the Authority to capture local property tax revenues for an additional five (5) years
after the reimbursement of Eligible Activities to create and fund a Brownfield Revolving Loan Program.
H. In accordance with Act 381, the parties desire to establish the procedure for using the available
Brownfield TIF Revenue generated from the Property to reimburse the Developer and the City for completion of
Eligible Activities on the Property in an amount not to exceed the Total Eligible Brownfield TIF Costs.
Page 205 of 262
NOW, THERFORE, the parties agree as follows:
1. Reimbursement Source.
(a) During the Term (as defined below) of this Agreement, and except as set forth in Paragraph 2 below,
the Authority shall reimburse the Developer and City for the costs of their Eligible Activities conducted on the
Property from the Brownfield TIF Revenue collected from the real and personal property taxes on the Property.
The amount reimbursed to the Developer and City, respectively, for their Eligible Activities shall not exceed the
Total Eligible Brownfield TIF Costs, and reimbursements shall be made on a pro rata basis of approved
costs submitted and approved in connection with the Developer Eligible Activities and the City Eligible Activities,
as follows:
i. for any period for which both the Developer and the City request reimbursement for Eligible
Activities, the Authority shall pay 95% of available Brownfield TIF Revenue to the Developer to
reimburse the costs of Developer Eligible Activities submitted for that period, and pay 5% of
available Brownfield TIF Revenue to the City to reimburse the costs of City Eligible Activities
submitted during that period; and
ii. for any period for which the Developer or the City have Eligible Activities submitted and
approved for reimbursement by the Authority that are less than the available Brownfield TIF
Revenue, the Authority may use the Brownfield TIF Revenue to first pay the lesser of the Eligible
Activities and use the balance of the Brownfield TIF Revenue to reimburse the other party.
Notwithstanding Paragraph 1(a)(i), as an example if the Developer has approved eligible
expenses of $100, Brownfield Authority has approved eligible expenses of $10 and BRA captures
$20, then Brownfield Authority will be paid in full and the balance shall be paid to the Developer.
(b) The Authority shall capture Brownfield TIF Revenue from the Property and reimburse the Developer
and City for their Eligible Activities until the earlier of the City and Developer each being fully reimbursed, with
interest, or December 31, 2060. Unless otherwise prepaid by the Authority, payments to the City and Developer
shall be made on an annual basis as incremental local taxes are captured and available.
(c) After the earlier of the City and Developer each being fully reimbursed, with interest, or December
31, 2060, the Authority shall continue to capture Brownfield TIF Revenue from the Property for five (5) years to
create and/or fund a Brownfield Revolving Loan Program.
2. Developer Reimbursement Process.
(a) The Developer shall submit to the Authority; not more frequently than on a quarterly basis, a "Request
for Cost Reimbursement" for Developer Eligible Activities paid for by the Developer during the prior period. All
costs for the Developer Eligible Activities must be consistent with the approved Brownfield Plan. The Developer
must include documentation sufficient for the Authority to determine whether the costs incurred were for
Developer Eligible Activities, including detailed invoices and proof of payment. Copies of all invoices for Developer
Eligible Activities must note what Developer Eligible Activities they support.
(b) Unless the Authority disputes whether such costs are· for Developer Eligible Activities within thirty (30)
days after receiving a Request for Cost Reimbursement from the Developer, the Authority shall pay the Developer
the amounts for which submissions have been made pursuant to paragraph 2(a) of this Agreement, from which
the submission may be wholly or partially paid from available pro rata Brownfield TIF Revenue from the Property.
Page 206 of 262
i. The Developer shall cooperate with the Authority's review of its Request for Cost Reimbursement by
providing supplemental information and documentation which may be reasonably requested by the
Authority.
ii. If the Authority determines that requested costs are ineligible for reimbursement, the Authority shall
notify the Developer in writing of its reasons for such ineligibility within the Authority's thirty (30) day
period of review. The Developer shall then have thirty (30) days to provide supplemental information
or documents to the Authority demonstrating that the costs are for Developer Eligible Activities and
are eligible for reimbursement.
(c) If a partial payment is made to the Developer by the Authority because of insufficient Brownfield TIF
Revenue captured in the semi-annual period for which reimbursement is sought, the Authority shall make
additional payments toward the remaining amount within thirty (30) days of its receipt of additional Brownfield
TIF Revenue from the Property until all of the amounts for which submissions have been made have been fully
paid to the Developer, or by the end of the Term (as defined below), whichever occurs first. The Authority is not
required to reimburse the Developer from any source other than Brownfield TIF Revenue.
(d) The Authority shall send all payments to the Developer by registered or certified mail, addressed to
the Developer at the address shown above, or by electronic funds transfer directly to the Developer's bank
account. The Developer may change its address by providing written notice sent by registered or certified mail to
the Authority.
3. City Reimbursement Process.
(a) The City shall submit to the Authority, not more frequently than on a quarterly basis, a “Request for
Cost Reimbursement" for City Eligible Activities paid for by the City during the prior period. All costs for the City
Eligible Activities must be consistent with the approved Brownfield Plan. The City must include documentation
sufficient for the Authority to determine whether the costs incurred were for City Eligible Activities, including
detailed invoices and proof of payment. Copies of all invoices for City Eligible Activities must note what City Eligible
Activities they support.
(b) Unless the Authority disputes whether such costs are for City Eligible Activities within thirty (30) days
after receiving a Request for Cost Reimbursement from the City, the Authority shall pay the City the amounts for
which submissions have been made pursuant to paragraph 3(a) of this Agreement, from which the submission
may be wholly or partially paid from available pro rata Brownfield TIF Revenue from the Property.
i. The City shall cooperate with the Authority's review of its Request for Cost Reimbursement by
providing supplemental information and documentation which may be reasonably requested by the
Authority.
ii. If the Authority determines that requested costs are ineligible for reimbursement, the Authority shall
notify the City in writing of its reasons for such ineligibility within the Authority's thirty (30) day period
of review. The City shall then have thirty (30) days to provide supplemental information or documents
to the Authority demonstrating that the costs are for City Eligible Activities and are eligible for
reimbursement.
(c) If a partial payment is made to the City by the Authority because of insufficient Brownfield TIF Revenue
captured in the semi-annual period for which reimbursement is sought, the Authority shall make additional
payments toward the remaining amount within thirty (30) days of its receipt of additional Brownfield TIF Revenue
from the Property until all of the amounts for which submissions have been made have been fully paid to the City,
or by the end of the Term (as defined below), whichever occurs first. The Authority is not required to reimburse
the City from any source other than Brownfield TIF Revenue.
Page 207 of 262
(d) The Authority shall send all payments to the City by registered or certified mail, addressed to the City
at the address shown above, or by electronic funds transfer directly to the City's bank account. The City may
change its address by providing written notice sent by registered or certified mail to the Authority.
4. Term of Agreement.
The Authority's obligation to reimburse the City and Developer for the Total Eligible Brownfield TIF Costs incurred
by each party under this Agreement shall terminate the earlier of the date when all reimbursements to the City
and Developer required under this Agreement have been made or December 31, 2060 (the "Term"). If the
Brownfield TIF Revenue ends before all of the Total Eligible Brownfield TIF Costs have been fully reimbursed to
the City and Developer, the last reimbursement payment by the Authority shall be paid from the summer and
winter tax increment revenue collected during the final year of this Agreement.
5. Adjustments.
If, due to an appeal of any tax assessment or reassessment of any portion of the Property, or for any other reason,
the Authority is required to reimburse any Brownfield TIF Revenue to any tax levying unit of government, the
Authority may deduct the amount of any such reimbursement, including interest and penalties, from any amounts
due and owing to the Developer and City on a pro rata basis. If all amounts due to the City and Developer under
this Agreement have been fully paid or the Authority is no longer obligated to make any further payments to the
City or Developer, the Authority shall invoice the Developer and City for the amount of such reimbursement on a
pro rata basis and the Developer and City shall pay the Authority such invoiced amount within thirty (30) days of
the receipt of the invoice. Amounts withheld by or invoiced and paid to the Authority by the Developer and City
pursuant to this paragraph shall be reinstated as Developer Eligible Activities and City Eligible Activities,
respectively, for which the Developer and City shall have the opportunity to be reimbursed in accordance with the
terms, conditions, and limitations of this Agreement. Nothing in this Agreement shall limit the right of the
Developer to appeal any tax assessment.
6. Legislative Authorization.
This Agreement is governed by and subject to the restrictions set forth in Act 381. If there is legislation enacted in
the future that alters or affects the amount of Brownfield TIF Revenue subject to capture, eligible property, or
Eligible Activities, then the Developer's and City's rights and the Authority's obligations under this Agreement shall
be modified accordingly as required by law, or by agreement of the parties.
7. Notices.
All notices shall be given by registered or certified mail addressed to the parties at their respective addresses as
shown above. Any party may change the address by written notice sent by registered or certified mail to the other
party.
8. Assignment.
This Agreement and the rights and obligations under this Agreement shall not be assigned or otherwise
transferred by any party without the consent of the other party, which shall not be unreasonably withheld,
provided, however, the Developer and City may assign their interest in this Agreement to an affiliate without the
prior written consent of the Authority if such affiliate acknowledges its obligations to the Authority under this
Agreement upon assignment in writing on or prior to the effective date of such assignment, provided, further, that
the Developer and City may each make a collateral assignment of their pro rata share of the Brownfield TIF
Page 208 of 262
Revenue for project financing purposes. As used in this paragraph, "affiliate" means any corporation, company,
partnership, limited liability company, trust, sole proprietorship or other entity or individual which (a) is owned or
controlled by the Developer or City, (b) owns or controls the Developer or City or (c) is under common ownership
or control with the Developer or City. This Agreement shall be binding upon and inure to the benefit of any
successors or permitted assigns of the parties.
9. Entire Agreement.
This Agreement supersedes all agreements previously made between the parties relating to the subject matter.
There are no other understandings or agreements between the parties.
10. Non-Waiver.
No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of
that right, constitutes a waiver of that or any other right, unless otherwise expressly provided herein.
11. Governing Law.
This Agreement shall be construed in accordance with and-governed by the laws of the State of Michigan.
12. Counterparts.
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all
of which together shall constitute one and the same instrument.
The Parties have executed this Agreement on the date set forth above.
CITY OF MUSKEGON BROWNFIELD
REDEVELOPMENT AUTHORITY
By: Martha Bottomley
Its: Chairperson
CITY OF MUSKEGON
By: Kenneth D Johnson
Its: Mayor
Muskegon Midtown Center, LLC
By: Frank Peterson
Its: Member
Page 209 of 262
CITY OF MUSKEGON
BROWNFIELD (Muskegon Midtown Center) 2025-2055
LIFETIME CAPTURE AMOUNTS
Table 2
AMOUNT CAPTURED BY YEAR
Millage Rate 2030 2031
LOCAL CAPTURE
COUNTY OPERATING 5.56370 $0.00 $0.00
LIBRARY 2.35160 $0.00 $0.00
MAISD 4.67730 $0.00 $0.00
COUNTY MUSEUM 0.31690 $0.00 $0.00
COUNTY VETS 0.07390 $0.00 $0.00
SENIOR CITIZENS 0.49210 $0.00 $0.00
CENTRAL DISPATCH 0.29520 $0.00 $0.00
COMM COLLEGE 2.16930 $0.00 $0.00
CITY OPERATING 9.85540 $0.00 $0.00
CITY SANITATION 2.93640 $0.00 $0.00
TOTAL LOCAL CAPTURE 28.73180 $0.00 $0.00
NON-CAPTURABLE
STATE ED TAX 6.00000 $0.00 $0.00
SCHOOL OPERATING 18.00000 $0.00 $0.00
SCHOOL DEBT 2020 0.00500 $0.00 $0.00
SCHOOL DEBT 2021 7.70000 $0.00 $0.00
SINKING 0.97120 $0.00 $0.00
LIBRARY DEBT 0.49990 $0.00 $0.00
COMM COLLEGE DEBT 0.27000 $0.00 $0.00
TOTAL 33.44610 $0.00 $0.00
2030 2031
TV Subject to Capture $0.00 $0.00
Interest Accrual 5% $0.00 $0.00
Payment to Developer $0.00 $0.00
Payment to CMBRA $0.00 $0.00
Local Brownfield RLF $0.00 $0.00
Balance $0.00 $688,025.80
Balance - Developer $625,478.00
Balance - City $62,547.80
Page 210 of 262
Page 211 of 262
2032 2033 2034 2035 2036 2037
$0.00 $0.00 $0.00 $0.00 $22,254.80 $22,811.17
$0.00 $0.00 $0.00 $0.00 $9,406.40 $9,641.56
$0.00 $0.00 $0.00 $0.00 $18,709.20 $19,176.93
$0.00 $0.00 $0.00 $0.00 $1,267.60 $1,299.29
$0.00 $0.00 $0.00 $0.00 $295.60 $302.99
$0.00 $0.00 $0.00 $0.00 $1,968.40 $2,017.61
$0.00 $0.00 $0.00 $0.00 $1,180.80 $1,210.32
$0.00 $0.00 $0.00 $0.00 $8,677.20 $8,894.13
$0.00 $0.00 $0.00 $0.00 $39,421.60 $40,407.14
$0.00 $0.00 $0.00 $0.00 $11,745.60 $12,039.24
$0.00 $0.00 $0.00 $0.00 $114,927.20 $117,800.38
$0.00 $0.00 $0.00 $0.00 $24,000.00 $24,600.00
$0.00 $0.00 $0.00 $0.00 $72,000.00 $73,800.00
$0.00 $0.00 $0.00 $0.00 $20.00 $20.50
$0.00 $0.00 $0.00 $0.00 $30,800.00 $31,570.00
$0.00 $0.00 $0.00 $0.00 $3,884.80 $3,981.92
$0.00 $0.00 $0.00 $0.00 $1,999.60 $2,049.59
$0.00 $0.00 $0.00 $0.00 $1,080.00 $1,107.00
$0.00 $0.00 $0.00 $0.00 $133,784.40 $137,129.01
2032 2033 2034 2035 2036 2037
$0.00 $0.00 $0.00 $0.00 $4,000,000.00 $4,100,000.00
$34,401.29 $36,121.35 $37,927.42 $39,823.79 $41,814.98 $38,681.77
$0.00 $0.00 $0.00 $0.00 $104,479.27 $107,091.25
$0.00 $0.00 $0.00 $0.00 $10,447.93 $10,709.13
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$722,427.09 $758,548.44 $796,475.87 $836,299.66 $773,635.37 $705,225.88
$656,751.90 $689,589.50 $724,068.97 $760,272.42 $703,304.88 $641,114.44
$65,675.19 $68,958.95 $72,406.90 $76,027.24 $70,330.49 $64,111.44
Page 212 of 262
$21,000.00
$250,000.00
$86,500.00
$245,000.00
$10,000.00
$612,500.00
$61,250.00
Page 213 of 262
2038 2039 2040 2041 2042 2043
$23,381.45 $23,965.99 $24,565.14 $25,179.26 $25,808.75 $26,453.96
$9,882.60 $10,129.66 $10,382.91 $10,642.48 $10,908.54 $11,181.25
$19,656.35 $20,147.76 $20,651.46 $21,167.74 $21,696.94 $22,239.36
$1,331.77 $1,365.07 $1,399.19 $1,434.17 $1,470.03 $1,506.78
$310.56 $318.33 $326.29 $334.44 $342.81 $351.38
$2,068.05 $2,119.75 $2,172.75 $2,227.06 $2,282.74 $2,339.81
$1,240.58 $1,271.59 $1,303.38 $1,335.97 $1,369.37 $1,403.60
$9,116.48 $9,344.40 $9,578.01 $9,817.46 $10,062.89 $10,314.46
$41,417.32 $42,452.75 $43,514.07 $44,601.92 $45,716.97 $46,859.89
$12,340.22 $12,648.73 $12,964.94 $13,289.07 $13,621.30 $13,961.83
$120,745.39 $123,764.02 $126,858.12 $130,029.58 $133,280.32 $136,612.33
$25,215.00 $25,845.38 $26,491.51 $27,153.80 $27,832.64 $28,528.46
$75,645.00 $77,536.13 $79,474.53 $81,461.39 $83,497.93 $85,585.37
$21.01 $21.54 $22.08 $22.63 $23.19 $23.77
$32,359.25 $33,168.23 $33,997.44 $34,847.37 $35,718.56 $36,611.52
$4,081.47 $4,183.50 $4,288.09 $4,395.29 $4,505.18 $4,617.81
$2,100.83 $2,153.35 $2,207.18 $2,262.36 $2,318.92 $2,376.90
$1,134.68 $1,163.04 $1,192.12 $1,221.92 $1,252.47 $1,283.78
$140,557.24 $144,071.17 $147,672.95 $151,364.77 $155,148.89 $159,027.61
2038 2039 2040 2041 2042 2043
$4,202,500.00 $4,307,562.50 $4,415,251.56 $4,525,632.85 $4,638,773.67 $4,754,743.01
$35,261.29 $31,535.93 $27,487.09 $23,095.17 $17,748.45 $11,971.85
$109,768.54 $112,512.75 $115,325.57 $118,208.71 $121,163.92 $124,193.02
$10,976.85 $11,251.27 $11,532.56 $11,820.87 $12,116.39 $12,419.30
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$630,718.64 $549,741.83 $461,903.35 $354,968.94 $239,437.07 $114,796.60
$573,380.58 $499,765.30 $419,912.14 $322,699.03 $217,670.06 $104,360.54
$57,338.06 $49,976.53 $41,991.21 $32,269.90 $21,767.01 $10,436.05
Page 214 of 262
Page 215 of 262
2044 2045 2046 2047 2048 2049
$27,115.31 $27,793.20 $28,488.03 $29,200.23 $29,930.23 $30,678.49
$11,460.79 $11,747.30 $12,040.99 $12,342.01 $12,650.56 $12,966.83
$22,795.34 $23,365.23 $23,949.36 $24,548.09 $25,161.79 $25,790.84
$1,544.45 $1,583.06 $1,622.64 $1,663.20 $1,704.78 $1,747.40
$360.16 $369.16 $378.39 $387.85 $397.55 $407.49
$2,398.30 $2,458.26 $2,519.72 $2,582.71 $2,647.28 $2,713.46
$1,438.69 $1,474.66 $1,511.52 $1,549.31 $1,588.04 $1,627.75
$10,572.33 $10,836.63 $11,107.55 $11,385.24 $11,669.87 $11,961.62
$48,031.39 $49,232.18 $50,462.98 $51,724.56 $53,017.67 $54,343.11
$14,310.87 $14,668.64 $15,035.36 $15,411.25 $15,796.53 $16,191.44
$140,027.63 $143,528.32 $147,116.53 $150,794.45 $154,564.31 $158,428.41
$29,241.67 $29,972.71 $30,722.03 $31,490.08 $32,277.33 $33,084.27
$87,725.01 $89,918.13 $92,166.09 $94,470.24 $96,832.00 $99,252.80
$24.37 $24.98 $25.60 $26.24 $26.90 $27.57
$37,526.81 $38,464.98 $39,426.60 $40,412.27 $41,422.58 $42,458.14
$4,733.25 $4,851.58 $4,972.87 $5,097.19 $5,224.62 $5,355.24
$2,436.32 $2,497.23 $2,559.66 $2,623.65 $2,689.24 $2,756.47
$1,315.88 $1,348.77 $1,382.49 $1,417.05 $1,452.48 $1,488.79
$163,003.30 $167,078.38 $171,255.34 $175,536.73 $179,925.14 $184,423.27
2044 2045 2046 2047 2048 2049
$4,873,611.59 $4,995,451.88 $5,120,338.18 $5,248,346.63 $5,379,555.30 $5,514,044.18
$5,739.83 $0.00 $0.00 $0.00 $0.00 $0.00
$109,578.57 $0.00 $0.00 $0.00 $0.00 $0.00
$10,957.86 $0.00 $0.00 $0.00 $0.00 $0.00
$19,491.21 $143,528.32 $147,116.53 $150,794.45 $154,564.31 $158,428.41
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Page 216 of 262
Page 217 of 262
2050 2051 2052 2053 2054 2055
$31,445.45 $32,231.59 $33,037.38 $33,863.31 $34,709.89 $35,577.64
$13,291.00 $13,623.27 $13,963.85 $14,312.95 $14,670.77 $15,037.54
$26,435.61 $27,096.50 $27,773.91 $28,468.26 $29,179.97 $29,909.47
$1,791.09 $1,835.86 $1,881.76 $1,928.80 $1,977.02 $2,026.45
$417.68 $428.12 $438.82 $449.79 $461.04 $472.56
$2,781.30 $2,850.83 $2,922.10 $2,995.15 $3,070.03 $3,146.78
$1,668.44 $1,710.15 $1,752.90 $1,796.73 $1,841.65 $1,887.69
$12,260.66 $12,567.17 $12,881.35 $13,203.39 $13,533.47 $13,871.81
$55,701.69 $57,094.23 $58,521.59 $59,984.63 $61,484.24 $63,021.35
$16,596.23 $17,011.13 $17,436.41 $17,872.32 $18,319.13 $18,777.11
$162,389.12 $166,448.85 $170,610.07 $174,875.33 $179,247.21 $183,728.39
$33,911.37 $34,759.16 $35,628.13 $36,518.84 $37,431.81 $38,367.60
$101,734.12 $104,277.47 $106,884.40 $109,556.51 $112,295.43 $115,102.81
$28.26 $28.97 $29.69 $30.43 $31.19 $31.97
$43,519.59 $44,607.58 $45,722.77 $46,865.84 $48,037.49 $49,238.43
$5,489.12 $5,626.35 $5,767.01 $5,911.18 $6,058.96 $6,210.44
$2,825.38 $2,896.02 $2,968.42 $3,042.63 $3,118.69 $3,196.66
$1,526.01 $1,564.16 $1,603.27 $1,643.35 $1,684.43 $1,726.54
$189,033.85 $193,759.70 $198,603.69 $203,568.79 $208,658.01 $213,874.46
2050 2051 2052 2053 2054 2055
$5,651,895.28 $5,793,192.67 $5,938,022.48 $6,086,473.04 $6,238,634.87 $6,394,600.74
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Page 218 of 262
Page 219 of 262
2056 2057 2058 2059 2060 TOTAL
$36,467.08 $37,378.76 $38,313.23 $39,271.06 $40,252.83 $643,195.66
$15,413.48 $15,798.82 $16,193.79 $16,598.63 $17,013.60 $271,858.46
$30,657.20 $31,423.63 $32,209.22 $33,014.45 $33,839.82 $540,722.74
$2,077.11 $2,129.04 $2,182.26 $2,236.82 $2,292.74 $36,635.46
$484.38 $496.48 $508.90 $521.62 $534.66 $8,543.26
$3,225.45 $3,306.09 $3,388.74 $3,473.46 $3,560.30 $56,889.59
$1,934.88 $1,983.25 $2,032.83 $2,083.65 $2,135.74 $34,126.81
$14,218.60 $14,574.07 $14,938.42 $15,311.88 $15,694.68 $250,783.54
$64,596.88 $66,211.80 $67,867.10 $69,563.78 $71,302.87 $1,139,340.83
$19,246.53 $19,727.70 $20,220.89 $20,726.41 $21,244.57 $339,464.70
$188,321.60 $193,029.64 $197,855.38 $202,801.76 $207,871.81 $3,321,561.05
$39,326.79 $40,309.96 $41,317.71 $42,350.66 $43,409.42 $693,634.45
$117,980.38 $120,929.89 $123,953.14 $127,051.97 $130,228.27 $2,080,903.35
$32.77 $33.59 $34.43 $35.29 $36.17 $578.03
$50,469.39 $51,731.12 $53,024.40 $54,350.01 $55,708.76 $890,164.21
$6,365.70 $6,524.84 $6,687.96 $6,855.16 $7,026.54 $112,276.30
$3,276.58 $3,358.49 $3,442.45 $3,528.52 $3,616.73 $57,791.31
$1,769.71 $1,813.95 $1,859.30 $1,905.78 $1,953.42 $31,213.55
$219,221.32 $224,701.85 $230,319.40 $236,077.38 $241,979.32 $3,866,561.20
2056 2057 2058 2059 2060
$6,554,465.76 $6,718,327.41 $6,886,285.59 $7,058,442.73 $7,234,903.80
$0.00 $0.00 $0.00 $0.00 $0.00 $58,555.30
$0.00 $0.00 $0.00 $0.00 $0.00 $473,144.22
$0.00 $0.00 $0.00 $0.00 $0.00 $47,314.42
$0.00 $0.00 $0.00 $0.00 $0.00 $773,923.23
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Page 220 of 262
CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT APPLICATION DISCLOSURE
STATEMENT
Project Name: 1095 3rd Street Redevelopment
Developer Name: Muskegon Midtown Center, LLC
Contractor Name (if applicable): West Urban Properties
Project Location: 349 West Webster Ave, Muskegon, MI
Date: 10/1/24
1. Purpose of the Disclosure Statement
The purpose of this document is to inform the City of Muskegon Brownfield Redevelopment
Authority and its stakeholders that Muskegon Midtown Center, LLC, the developer engaged
in the 1095 3rd Street Redevelopment Brownfield Redevelopment Project, intends to use a
contracting business that they own or have a financial interest in, West Urban Properties, to
provide services for the project.
This disclosure is made in the interest of transparency and in accordance with ethical
business practices, to avoid any perceived or actual conflict of interest, and to ensure
compliance with local, state, and federal regulations concerning Brownfield
Redevelopment projects.
2. Developer’s Affiliated Contracting Business
Muskegon Midtown Center, LLC, through their ownership or partnership in West Urban
Properties, will provide contracting services for 1095 3rd Street Redevelopment. These
services may include, but are not limited to:
• Construction Management
• Property Management
3. Compliance with City Policies and Regulations
The developer affirms that the selection of West Urban Properties complies with all
applicable procurement policies and regulations governing Brownfield Redevelopment
projects. The contracting business is fully licensed and insured to perform the required
services in the City of Muskegon.
4. Mitigation of Conflicts of Interest
The developer acknowledges the potential for a perceived conflict of interest due to the
dual role of acting as both the developer and contractor. To mitigate any conflicts:
2 3 1. 7 2 4. 67 0 5 | 933 Terrace St, Muskegon, MI 49440-1397 | www.shorelinecity.com
Page 221 of 262
• The developer agrees to maintain clear and transparent records regarding any
financial transactions between the developer and West Urban Properties.
• The developer will provide documentation to the City of Muskegon regarding
competitive bidding processes (if applicable) and the reason for selecting West
Urban Properties.
• The developer will comply with any additional requirements set forth by the City of
Muskegon to ensure the integrity of the project.
5. Certification
The undersigned certifies that the information provided in this disclosure is true, accurate,
and complete to the best of their knowledge. The developer understands that the City of
Muskegon reserves the right to request additional information or impose conditions to
ensure that the project is conducted in accordance with the city's rules and standards.
Developer Name: Muskegon Midtown, LLC
Developer Signature: _______________________
10/02/24
Date: _______________________
Contractor Name (if different): West Urban Properties
Dave Dusendang
Contractor Signature: Dave
_______________________
Dusendang (Oct 2, 2024 15:12 EDT)
10/02/24
Date: _______________________
Muskegon Brownfield Redevelopment Authority:
City Representative Signature: _______________________
Date: _______________________
2 3 1. 7 2 4. 67 0 5 | 933 Terrace St, Muskegon, MI 49440-1397 | www.shorelinecity.com
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City of Muskegon
Brownfield Redevelopment Authority
County of Muskegon, State of Michigan
RESOLUTION APPROVING BROWNFIELD PLAN AMENDMENT
Muskegon Midtown Center, LLC (1095 3rd St.)
Minutes of a regular meeting of the Board of the City of Muskegon Brownfield
Redevelopment Authority, County of Muskegon, State of Michigan, held on the 9th day of October
2024 at 10:30 a.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by _______ and supported by Member
______:
WHEREAS, a Brownfield Plan has been adopted pursuant to Act 381, Public Acts of
Michigan, 1996, as amended (“Act 381”), a copy of which is on file with the Secretary of the City of
Muskegon Brownfield Redevelopment Authority (the “Authority”); and
WHEREAS, the Authority is authorized to approve amendments to the Brownfield Plan and
recommends the Amendment to add eligible properties within 1095 3rd Street Redevelopment
project for approval to the City of Muskegon, County of Muskegon, State of Michigan (the “City”).
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. Approval of Brownfield Plan. The Board hereby adopts and approves the
Brownfield Plan Amendment for the 1095 3rd Street Redevelopment project and
recommends the approval of the Brownfield Plan Amendments by the Muskegon City
Commission.
2. Public Hearing. The Board hereby requests city personnel to provide a notice of
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Public Hearing on the proposed Brownfield Plan Amendments, and further requests that
such hearing notice be provided to all taxing jurisdictions. Notice of the time and place of
the hearing shall be given pursuant to Act 267, Public Acts of Michigan, 1976, as amended
(“Open Meetings Act”).
3. Deliver Resolution and Brownfield Plan to City. The Chair of the Authority is
directed to deliver a certified copy of this resolution and the Brownfield Plan Amendments to
the City Clerk.
4. Disclaimer. By adoption of this resolution and approval of the Brownfield Plan
Amendments, the Authority assumes no obligation or liability to the owner, developer or
lessor of the Eligible Property for any loss or damage that may result to such persons from
the adoption of this resolution and Brownfield Plan Amendments.
5. Work Plan Transmittal. The Chair of the Authority shall be authorized to transmit to
the Michigan Strategic Fund, the Michigan Economic Development Corporation and/or the
Michigan Department of Environmental Quality, on behalf of the Authority, a final Act 381
Work Plan that has been reviewed and approved by the Authority.
6. Repealer. All resolutions and parts of resolution in conflict with the provisions of this
resolution are hereby repealed or amended to the extent of such conflict.
AYES:
NAYS:
RESOLUTION DECLARED ADOPTED.
____________________________
Martha Bottomley, Chair
City of Muskegon Brownfield Redevelopment Authority
-2-
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I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Board
of the City of Muskegon Brownfield Redevelopment Authority, County of Muskegon, State of
Michigan, at a regular meeting held on October 9, 2024, 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, and that the minutes of said meeting were kept
and will be or have been made available as required by said Act.
_____________________________
Martha Bottomley, Chair
City of Muskegon Brownfield Redevelopment Authority
-3-
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RESOLUTION APPROVING BROWNFIELD PLAN AMENDMENT
Muskegon Midtown Center, LLC (1095 3rd St.)
County of Muskegon, Michigan
2024-October-22
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the "City"), held in the City Commission Chambers on the 22 day of
October, 2024 at 5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by ______________ and
supported by ______________.
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; and
WHEREAS, a Development and Reimbursement Agreement (the "DRA") has been entered into
by and among the Authority, the City, and the Developer, outlining the terms and conditions for the
reimbursement of eligible activities using Brownfield Tax Increment Financing (TIF) revenue; and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendment, to the City
Commission requesting its approval of the Brownfield Plan Amendment; and
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.
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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 Amendment 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:
ABSENT:
RESOLUTION DECLARED APPROVED.
_____________________________________
Ann Meisch, City Clerk
_____________________________________
Ken Johnson, Mayor
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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
meeting held on October 22, 2024 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 that the minutes of said meetingwere kept and will
be or have been made available as required by said Act.
______________________________
Ann Meisch, City Clerk
Page 228 of 262
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: Public Hearing, Brownfield Plan
Amendment- 349 West Webster, LLC, 349 W.
Webster
Submitted by: Contessa Alexander, Development Department: Economic Development
Analyst
Brief Summary:
349 West Webster, LLC has submitted a Brownfield Plan Amendment for the 349 West Webster
Redevelopment project, which aims to rehabilitate a vacant and blighted office building into a
mixed-use commercial facility. This project will help bring the property back onto the tax rolls, create
jobs, and contribute to the city's economic development.
Detailed Summary & Background:
The project site, currently a vacant and blighted office building, is located at 349 West Webster Ave.
The property has historically been used for both educational and office purposes. The developer, 349
West Webster, LLC, acquired the site from Muskegon Public Schools in 2021. The proposed
redevelopment includes lodging and retail spaces as well as site improvements, with construction
scheduled to begin in Summer 2024 and completion expected by Fall 2025. The estimated
investment is $11,500,000, and the project is expected to create 10 full-time equivalent (FTE) jobs
within two years of completion.
Eligible Activities: The Brownfield Plan includes the following eligible non-environmental activities:
• Site Demolition: $1,050,000
• Site Preparation: $150,000
• Architecture and Engineering Fees: $450,000
• Asbestos Abatement: $30,000
• Brownfield Plan Development: $10,000
Administrative costs of the CMBRA, calculated as 10% of total eligible activities, are estimated at
$169,000. Interest expenses at 5.00% are also eligible for reimbursement. The capture period is for 30
years with an additional 5 years for the revolving loan fund.
Total Potential Eligible Activity Costs: $1,859,000.00 (inclusive of contingencies, financing costs, and
administrative fees)
The Development and Reimbursement Agreement is included in this plan. The following are the key
highlights from the agreement:
Reimbursement Source:
The Developer and the City will be reimbursed for the costs of approved Eligible Activities (such as
demolition, site preparation, and infrastructure improvements) through Brownfield Tax Increment
Financing (TIF) Revenue. This revenue is generated from increases in property taxes on the
redeveloped property.
Reimbursement Process:
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Both the Developer and the City must submit reimbursement requests to the Authority, accompanied
by the required documentation.
The Authority will review and either approve or dispute the reimbursement request within 30 days.
Payments will be made as tax revenues become available.
If there is insufficient revenue to cover the full reimbursement in any period, the remaining amount will
be paid in subsequent periods as additional revenue becomes available.
Term of Agreement:
The agreement will continue until the Developer and the City have been fully reimbursed or until
December 31, 2060, whichever occurs first. After this date, any remaining captured tax revenue will
be used to fund a Brownfield Revolving Loan Program.
Legislative Authorization:
This agreement is governed by Act 381, and any changes in the law that affect Brownfield TIF
capture or eligible activities will adjust the agreement accordingly.
Assignment:
The rights and obligations under this agreement cannot be transferred without the consent of the
other parties, except that the Developer and the City may assign their interests to affiliates for
financing purposes.
Miscellaneous Provisions:
The agreement includes standard legal provisions regarding the handling of notices, governing law
(Michigan), and the execution of the agreement in counterparts.
The Brownfield Redevelopment Authority reviewed this plan on October 10, 2024 and motioned to
approve and suggest that the City Commission consider adoption of the plan.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Progress toward completion of ongoing economic development projects
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move that the City Commission approve the Brownfield Redevelopment Plan for the property
located at 349 West Webster Ave, and authorize the Mayor and City Clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head Yes
Information
Technology
Other Division Heads
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Communication
Legal Review X
Page 231 of 262
Page 232 of 262
Page 233 of 262
CITY OF MUSKEGON BROWNFIELDREDEVELOPMENT AUTHORITY
BROWNFIELD PLAN AMENDMENT FOR 349 WEST WEBSTER, LLC
349 West Webster Street, Muskegon, Michigan
October 7, 2024
Prepared By 349 WEST WEBSTER, LLC
Page 234 of 262
PROJECT NAME
349 West Webster Redevelopment
DEVELOPER
349 WEST WEBSTER, LLC
ELIGIBLE PROPERTY LOCATION
349 West Webster Ave, Muskegon, MI 49440
TYPE OF ELIGIBLE PROPERTY
Blighted
SUBJECT PROJECT DESCRIPTION
The subject project is located on one parcel (61-24-205-335-0001-00) that is currently a vacant and blighted
office building. 349 West Webster, LLC will redevelop the parcel as a mixed-use commercial facility. The
redevelopment will consist of the rehabilitation of the existing building for lodging and retail spaces as well
as surrounding site improvements.
The proposed project included in this Brownfield Plan will benefit the local community by bringing a
previously-blighted vacant publicly-owned property back onto the tax rolls. The property will generate tax
revenues and provide much short-term lodging for the City of Muskegon. The project also includes temporary
job creation for construction of the facility and long-term job creation for commercial spaces.
The subject property is currently a blighted vacant office building. According to historic sources, the subject
property has been used for both educational and office uses over the past 100+ years.
349 West Webster, LLC acquired the subject property from the Muskegon Public Schools in 2021.
Environmental assessments have already been performed and construction is scheduled to begin in the
Summer of 2024. Redevelopment is anticipated to be complete by the Fall of 2025. The investment is
estimated at $11,500,000. 349 West Webster, LLC anticipates the creation of ten full-time equivalent (FTE)
jobs within two years of project completion. No FTE jobs will be retained as the property is currently vacant.
ELIGIBLE ACTIVITIES
Specific costs to be paid for with tax increment revenues are detailed in Table 1 and described below.
Eligible costs for reimbursement includes “non-environmental costs” that are eligible for reimbursement
through the Brownfield Plan. Specific non-environmental eligible costs include, site demolition activities,
abatement activities, and certain architecture and engineering fees.
Site demolition costs are estimated at $1,050,000.
Site preparation costs are estimated at $150,000.
Architecture and engineering fees are estimated at $450,000.
Asbestos abatement expenses are estimated at $30,000.
The development of the Brownfield Plan is an eligible activity, estimated at a proposed cost of $10,000.
Page 235 of 262
The Plan also includes Administrative Costs of the CMBRA. For the purposes of this Plan the Administrative Costs
of the CMBRA were projected by calculating 10% of the cost of total eligible activities inclusive of contingencies.
The capture of tax increment for Administrative Costs will be reimbursed as “City Eligible Expenses,” and will not
exceed 10% of eligible activities inclusive of contingencies.
Interest expense is an eligible expense and is included in this Brownfield Plan at 5.00%.
The total potential brownfield eligible activity costs—including contingencies, financing costs, administrative
fees, preparation of the Brownfield Plan — are estimated at $1,859,000.00.
DEVELOPER’S REIMBURSABLE COSTS
Table 1
Expense Category Reimbursement Amount
Asbestos Abatement $30,000.00
Site Demolition $1,050,000.00
Site Preparation $150,000.00
Engineering $450,000.00
Plan Development $10,000.00
Developer Total $1,690,000.00
City Eligible Expenses $169,000.00
Grand Total $1,859,000.00
MAXIMUM DURATION OF CAPTURE
30 years plus 5 additional years by the Brownfield Authority to fund the Brownfield Revolving Loan Fund
ESTIMATED TOTAL CAPITAL INVESTMENT
$11,500,000
INITIAL TAXABLE VALUE
$220,500
EFFECTIVE DATE OF INCLUSION IN THE BROWNFIELD PLAN
The 349 West Webster Redevelopment project was added to this Plan on , 2024 and
will be amended accordingly upon adoption of this Plan Amendment.
METHOD OF FINANCING ADVANCES BY MUNICIPALITY
Eligible costs will be reimbursed through tax increment financing and other leveraged incentives. Eligible
activities do include interest expense (financing costs). Interest will be calculated at 5.00% annually on
unreimbursed principal costs. Simple interest will be paid after all principal is paid. The costs are approved
for reimbursement with local tax increment revenues.
No advances by the municipality have been made or are anticipated.
MAXIUM AMOUNT OF NOTE OR BONDED INDEBTEDNESS
At this time, there are no plans by the Authority to incur indebtedness to support development of this site,
but such plans could be made in the future to assist in the development if the Authority so chooses.
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ESTIMATED IMPACT OF TIF ON REVENUES OF TAXING JURISDICTIONS
The estimated amount of tax increment revenues to be captured for this redevelopment from each taxing
jurisdiction by year and in aggregate is presented as Table 2.
LEGAL DESCRIPTION
The property subject to this Brownfield Plan consists of one parcel. The tax identification number of the
parcel is 61-24-205-335-0001-00.
The legal description for the parcels is as follows:
Parcel 1: CITY OF MUSKEGON REVISED PLAT OF 1903 BLOCK 335
The property meets the definition of a “brownfield” as defined by Public Act 381
ESTIMATES OF RESIDENTS AND DISPLACEMENT OF FAMILIES
The property is a vacant office building. Therefore, there are no plans for displacement of families
PLAN FOR RELOCATION OF DISPLACED PERSONS
Not applicable.
PROVISIONS FOR RELOCATION COSTS
Not applicable.
STRATEGY FOR COMPLIANCE WITH MICHIGAN’S RELOCATION ASSISTANCE LAW
Not applicable.
OTHER MATERIAL THAT THE AUTHORITY OR GOVERNING BODY CONSIDERS PERTINENT
Not applicable.
Page 237 of 262
DEVELOPMENT AND REIMBURSEMENT AGREEMENT
This DEVELOPMENT AND REIMBURSEMENT AGREEMENT (the "Agreement") is made on , 2024, by and
among the CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY, a Michigan public body corporate
whose address is 933 Terrace Street, Muskegon, Michigan 49440 (the "Authority"), the CITY OF MUSKEGON, a
public body corporate whose address is 933 Terrace Street, Muskegon, Michigan 49440 (the "City"), and 349 WEST
WEBSTER, LLC, a Michigan limited liability company whose address is 700 Terrace Pointe Drive, Suite 200,
Muskegon, Michigan 49440 (the "Developer").
RECITALS
A. Pursuant to P.A. 381 of 1996, as amended ("Act 381"), the Authority approved and recommended a
Brownfield Plan which was duly approved by the City (the “Plan''). The Plan was amended on
(the “Amendment” and, together with the Plan, the "Brownfield Plan") to identify a new redevelopment project
proposed by the Developer.
B. The Brownfield Plan includes specific eligible activities associated with the Developer’s plan to
redevelop land located at 349 West Webster Street in Muskegon, Michigan (the "Property").
C. The Developer owns the Property, which is included in the Brownfield Plan as an “eligible property.”
D. The Property is not currently included any other Tax Increment Finance District that would have claim
to the tax increment created on the Property, including the Muskegon Downtown Development Authority TIF
District.
E. The Developer intends to conduct eligible activities on the Property in order to develop the site into
a mixed-use retail and commercial building (the "Project"); including demolition, site preparation, infrastructure
improvements, and brownfield plan/work plan preparation and development, as described in the Brownfield Plan,
with an estimated cost of $1,690,000, plus interest at the current Applicable Federal Rate (the "Developer Eligible
Activities"). As part of the Project, the City also intends to conduct certain activities as described in the Brownfield
Plan, with an estimated cost of $169,000, plus interest at the current Applicable Federal Rate (the "City Eligible
Activities"). All of the Developer Eligible Activities and the City Eligible Activities (together, the "Eligible Activities")'
are eligible for reimbursement under Act 381. The total cost of the Eligible Activities, including contingencies, are
not to exceed $1,859,000, plus interest calculated annually at the Applicable Federal Rate (the "Total Eligible
Brownfield TIF Costs").
F. Act 381 permits the Authority to capture and use local property tax revenues generated from the
incremental increase in property value of a redeveloped brownfield site constituting an "eligible property" under
Act 381 (the "Brownfield TIF Revenue") to pay or to reimburse the payment of Eligible Activities conducted on the
"eligible property.” The Brownfield TIF Revenue will be used to reimburse the Developer for the Developer Eligible
Activities and the City for the City Eligible Activities incurred and approved for the Project.
G. Act 381 permits the Authority to capture local property tax revenues for an additional five (5) years
after the reimbursement of Eligible Activities to create and fund a Brownfield Revolving Loan Program.
H. In accordance with Act 381, the parties desire to establish the procedure for using the available
Brownfield TIF Revenue generated from the Property to reimburse the Developer and the City for completion of
Eligible Activities on the Property in an amount not to exceed the Total Eligible Brownfield TIF Costs.
Page 238 of 262
NOW, THERFORE, the parties agree as follows:
1. Reimbursement Source.
(a) During the Term (as defined below) of this Agreement, and except as set forth in Paragraph 2 below,
the Authority shall reimburse the Developer and City for the costs of their Eligible Activities conducted on the
Property from the Brownfield TIF Revenue collected from the real and personal property taxes on the Property.
The amount reimbursed to the Developer and City, respectively, for their Eligible Activities shall not exceed the
Total Eligible Brownfield TIF Costs, and reimbursements shall be made on a pro rata basis of approved costs
submitted and approved in connection with the Developer Eligible Activities and the City Eligible Activities, as
follows:
i. for any period for which both the Developer and the City request reimbursement for Eligible
Activities, the Authority shall pay 95% of available Brownfield TIF Revenue to the Developer to
reimburse the costs of Developer Eligible Activities submitted for that period, and pay 5% of
available Brownfield TIF Revenue to the City to reimburse the costs of City Eligible Activities
submitted during that period; and
ii. for any period for which the Developer or the City have Eligible Activities submitted and approved
for reimbursement by the Authority that are less than the available Brownfield TIF Revenue, the
Authority may use the Brownfield TIF Revenue to first pay the lesser of the Eligible Activities and
use the balance of the Brownfield TIF Revenue to reimburse the other party.
Notwithstanding Paragraph 1(a)(i), as an example if the Developer has approved eligible expenses
of $100, City has approved eligible expenses of $10 and BRA captures $20, then City will be paid
in full and the balance shall be paid to the Developer.
(b) The Authority shall capture Brownfield TIF Revenue from the Property and reimburse the Developer
and City for their Eligible Activities until the earlier of the City and Developer each being fully reimbursed, with
interest, or December 31, 2060. Unless otherwise prepaid by the Authority, payments to the City and Developer
shall be made on an annual basis as incremental local taxes are captured and available.
(c) After the earlier of the City and Developer each being fully reimbursed, with interest, or December 31,
2060, the Authority shall continue to capture Brownfield TIF Revenue from the Property for five (5) years to create
and/or fund a Brownfield Revolving Loan Program.
2. Developer Reimbursement Process.
(a) The Developer shall submit to the Authority; not more frequently than on a quarterly basis, a "Request
for Cost Reimbursement" for Developer Eligible Activities paid for by the Developer during the prior period. All
costs for the Developer Eligible Activities must be consistent with the approved Brownfield Plan. The Developer
must include documentation sufficient for the Authority to determine whether the costs incurred were for
Developer Eligible Activities, including detailed invoices and proof of payment. Copies of all invoices for Developer
Eligible Activities must note what Developer Eligible Activities they support.
(b) Unless the Authority disputes whether such costs are· for Developer Eligible Activities within thirty (30)
days after receiving a Request for Cost Reimbursement from the Developer, the Authority shall pay the Developer
the amounts for which submissions have been made pursuant to paragraph 2(a) of this Agreement, from which
the submission may be wholly or partially paid from available pro rata Brownfield TIF Revenue from the Property.
i. The Developer shall cooperate with the Authority's review of its Request for Cost Reimbursement by
providing supplemental information and documentation which may be reasonably requested by the
Authority.
Page 239 of 262
ii. If the Authority determines that requested costs are ineligible for reimbursement, the Authority shall
notify the Developer in writing of its reasons for such ineligibility within the Authority's thirty (30) day
period of review. The Developer shall then have thirty (30) days to provide supplemental information
or documents to the Authority demonstrating that the costs are for Developer Eligible Activities and
are eligible for reimbursement.
(c) If a partial payment is made to the Developer by the Authority because of insufficient Brownfield TIF
Revenue captured in the semi-annual period for which reimbursement is sought, the Authority shall make
additional payments toward the remaining amount within thirty (30) days of its receipt of additional Brownfield
TIF Revenue from the Property until all of the amounts for which submissions have been made have been fully
paid to the Developer, or by the end of the Term (as defined below), whichever occurs first. The Authority is not
required to reimburse the Developer from any source other than Brownfield TIF Revenue.
(d) The Authority shall send all payments to the Developer by registered or certified mail, addressed to
the Developer at the address shown above, or by electronic funds transfer directly to the Developer's bank
account. The Developer may change its address by providing written notice sent by registered or certified mail to
the Authority.
1. City Reimbursement Process.
(a) The City shall submit to the Authority, not more frequently than on a quarterly basis, a “Request for
Cost Reimbursement" for City Eligible Activities paid for by the City during the prior period. All costs for the City
Eligible Activities must be consistent with the approved Brownfield Plan. The City must include documentation
sufficient for the Authority to determine whether the costs incurred were for City Eligible Activities, including
detailed invoices and proof of payment. Copies of all invoices for City Eligible Activities must note what City Eligible
Activities they support.
(b) Unless the Authority disputes whether such costs are for City Eligible Activities within thirty (30) days
after receiving a Request for Cost Reimbursement from the City, the Authority shall pay the City the amounts for
which submissions have been made pursuant to paragraph 3(a) of this Agreement, from which the submission
may be wholly or partially paid from available pro rata Brownfield TIF Revenue from the Property.
i. The City shall cooperate with the Authority's review of its Request for Cost Reimbursement by
providing supplemental information and documentation which may be reasonably requested by the
Authority.
ii. If the Authority determines that requested costs are ineligible for reimbursement, the Authority shall
notify the City in writing of its reasons for such ineligibility within the Authority's thirty (30) day period
of review. The City shall then have thirty (30) days to provide supplemental information or documents
to the Authority demonstrating that the costs are for City Eligible Activities and are eligible for
reimbursement.
(c) If a partial payment is made to the City by the Authority because of insufficient Brownfield TIF Revenue
captured in the semi-annual period for which reimbursement is sought, the Authority shall make additional
payments toward the remaining amount within thirty (30) days of its receipt of additional Brownfield TIF Revenue
from the Property until all of the amounts for which submissions have been made have been fully paid to the City,
or by the end of the Term (as defined below), whichever occurs first. The Authority is not required to reimburse
the City from any source other than Brownfield TIF Revenue.
(d) The Authority shall send all payments to the City by registered or certified mail, addressed to the City
at the address shown above, or by electronic funds transfer directly to the City's bank account. The City may
change its address by providing written notice sent by registered or certified mail to the Authority.
Page 240 of 262
4. Term of Agreement.
The Authority's obligation to reimburse the City and Developer for the Total Eligible Brownfield TIF Costs incurred
by each party under this Agreement shall terminate the earlier of the date when all reimbursements to the City
and Developer required under this Agreement have been made or December 31, 2060 (the "Term"). If the
Brownfield TIF Revenue ends before all of the Total Eligible Brownfield TIF Costs have been fully reimbursed to
the City and Developer, the last reimbursement payment by the Authority shall be paid from the summer and
winter tax increment revenue collected during the final year of this Agreement.
5. Adjustments.
If, due to an appeal of any tax assessment or reassessment of any portion of the Property, or for any other reason,
the Authority is required to reimburse any Brownfield TIF Revenue to any tax levying unit of government, the
Authority may deduct the amount of any such reimbursement, including interest and penalties, from any amounts
due and owing to the Developer and City on a pro rata basis. If all amounts due to the City and Developer under
this Agreement have been fully paid or the Authority is no longer obligated to make any further payments to the
City or Developer, the Authority shall invoice the Developer and City for the amount of such reimbursement on a
pro rata basis and the Developer and City shall pay the Authority such invoiced amount within thirty (30) days of
the receipt of the invoice. Amounts withheld by or invoiced and paid to the Authority by the Developer and City
pursuant to this paragraph shall be reinstated as Developer Eligible Activities and City Eligible Activities,
respectively, for which the Developer and City shall have the opportunity to be reimbursed in accordance with the
terms, conditions, and limitations of this Agreement. Nothing in this Agreement shall limit the right of the Developer
to appeal any tax assessment.
6. Legislative Authorization.
This Agreement is governed by and subject to the restrictions set forth in Act 381. If there is legislation enacted in
the future that alters or affects the amount of Brownfield TIF Revenue subject to capture, eligible property, or
Eligible Activities, then the Developer's and City's rights and the Authority's obligations under this Agreement shall
be modified accordingly as required by law, or by agreement of the parties.
7. Notices.
All notices shall be given by registered or certified mail addressed to the parties at their respective addresses as
shown above. Any party may change the address by written notice sent by registered or certified mail to the other
party.
8. Assignment.
This Agreement and the rights and obligations under this Agreement shall not be assigned or otherwise transferred
by any party without the consent of the other party, which shall not be unreasonably withheld, provided, however,
the Developer and City may assign their interest in this Agreement to an affiliate without the prior written consent
of the Authority if such affiliate acknowledges its obligations to the Authority under this Agreement upon
assignment in writing on or prior to the effective date of such assignment, provided, further, that the Developer and
City may each make a collateral assignment of their pro rata share of the Brownfield TIF Revenue for project
financing purposes. As used in this paragraph, "affiliate" means any corporation, company, partnership, limited
liability company, trust, sole proprietorship or other entity or individual which (a) is owned or controlled by the
Developer or City, (b) owns or controls the Developer or City or (c) is under common ownership or control with the
Developer or City. This Agreement shall be binding upon and inure to the benefit of any successors or permitted
assigns of the parties.
Page 241 of 262
9. Entire Agreement.
This Agreement supersedes all agreements previously made between the parties relating to the subject matter.
There are no other understandings or agreements between the parties.
10. Non-Waiver.
No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of
that right, constitutes a waiver of that or any other right, unless otherwise expressly provided herein.
11. Governing Law.
This Agreement shall be construed in accordance with and-governed by the laws of the State of Michigan.
12. Counterparts.
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all
of which together shall constitute one and the same instrument.
The Parties have executed this Agreement on the date set forth above.
CITY OF MUSKEGON BROWNFIELD
REDEVELOPMENT AUTHORITY
By: Martha Bottomley
Its: Chairperson
CITY OF MUSKEGON
By: Kenneth D Johnson
Its: Mayor
349 WEST WEBSTER, LLC
By: Frank Peterson
Its: Member
Page 242 of 262
CITY OF MUSKEGON
BROWNFIELD (349 West Webster) 2025-2055
LIFETIME CAPTURE AMOUNTS
Table 2
AMOUNT CAPTURED BY YEAR
Millage Rate 2030 2031
LOCAL CAPTURE
COUNTY OPERATING 5.56370 $0.00 $0.00
LIBRARY 2.35160 $0.00 $0.00
MAISD 4.67730 $0.00 $0.00
COUNTY MUSEUM 0.31690 $0.00 $0.00
COUNTY VETS 0.07390 $0.00 $0.00
SENIOR CITIZENS 0.49210 $0.00 $0.00
CENTRAL DISPATCH 0.29520 $0.00 $0.00
COMM COLLEGE 2.16930 $0.00 $0.00
CITY OPERATING 9.85540 $0.00 $0.00
CITY SANITATION 2.93640 $0.00 $0.00
TOTAL LOCAL CAPTURE 28.73180 $0.00 $0.00
NON-CAPTURABLE
STATE ED TAX 6.00000 $0.00 $0.00
SCHOOL OPERATING 18.00000 $0.00 $0.00
SCHOOL DEBT 2020 0.00500 $0.00 $0.00
SCHOOL DEBT 2021 7.70000 $0.00 $0.00
SINKING 0.97120 $0.00 $0.00
LIBRARY DEBT 0.49990 $0.00 $0.00
COMM COLLEGE DEBT 0.27000 $0.00 $0.00
TOTAL 33.44610 $0.00 $0.00
2030 2031
TV Subject to Capture $0.00 $0.00
Interest Accrual 5% $0.00 $0.00
Payment to Developer $0.00 $0.00
Payment to City $0.00 $0.00
Local Brownfield RLF $0.00 $0.00
Balance $0.00 $1,859,000.00
Balance - Developer $1,690,000.00
Balance - City $169,000.00
Page 243 of 262
2032 2033 2034 2035 2036 2037
$0.00 $0.00 $0.00 $0.00 $27,818.50 $28,513.96
$0.00 $0.00 $0.00 $0.00 $11,758.00 $12,051.95
$0.00 $0.00 $0.00 $0.00 $23,386.50 $23,971.16
$0.00 $0.00 $0.00 $0.00 $1,584.50 $1,624.11
$0.00 $0.00 $0.00 $0.00 $369.50 $378.74
$0.00 $0.00 $0.00 $0.00 $2,460.50 $2,522.01
$0.00 $0.00 $0.00 $0.00 $1,476.00 $1,512.90
$0.00 $0.00 $0.00 $0.00 $10,846.50 $11,117.66
$0.00 $0.00 $0.00 $0.00 $49,277.00 $50,508.93
$0.00 $0.00 $0.00 $0.00 $14,682.00 $15,049.05
$0.00 $0.00 $0.00 $0.00 $143,659.00 $147,250.48
$0.00 $0.00 $0.00 $0.00 $30,000.00 $30,750.00
$0.00 $0.00 $0.00 $0.00 $90,000.00 $92,250.00
$0.00 $0.00 $0.00 $0.00 $25.00 $25.63
$0.00 $0.00 $0.00 $0.00 $38,500.00 $39,462.50
$0.00 $0.00 $0.00 $0.00 $4,856.00 $4,977.40
$0.00 $0.00 $0.00 $0.00 $2,499.50 $2,561.99
$0.00 $0.00 $0.00 $0.00 $1,350.00 $1,383.75
$0.00 $0.00 $0.00 $0.00 $167,230.50 $171,411.26
2032 2033 2034 2035 2036 2037
$0.00 $0.00 $0.00 $0.00 $5,000,000.00 $5,125,000.00
$92,950.00 $97,597.50 $102,477.38 $107,601.24 $112,981.31 $112,100.42
$0.00 $0.00 $0.00 $0.00 $130,599.09 $133,864.07
$0.00 $0.00 $0.00 $0.00 $13,059.91 $13,386.41
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$1,951,950.00 $2,049,547.50 $2,152,024.88 $2,259,626.12 $2,242,008.33 $2,220,244.68
$1,774,500.00 $1,863,225.00 $1,956,386.25 $2,054,205.56 $2,038,189.39 $2,018,404.26
$177,450.00 $186,322.50 $195,638.63 $205,420.56 $203,818.94 $201,840.43
Page 244 of 262
2038 2039 2040 2041 2042 2043
$29,226.81 $29,957.48 $30,706.42 $31,474.08 $32,260.93 $33,067.45
$12,353.25 $12,662.08 $12,978.63 $13,303.10 $13,635.68 $13,976.57
$24,570.44 $25,184.70 $25,814.32 $26,459.68 $27,121.17 $27,799.20
$1,664.72 $1,706.33 $1,748.99 $1,792.72 $1,837.53 $1,883.47
$388.21 $397.91 $407.86 $418.06 $428.51 $439.22
$2,585.06 $2,649.69 $2,715.93 $2,783.83 $2,853.43 $2,924.76
$1,550.72 $1,589.49 $1,629.23 $1,669.96 $1,711.71 $1,754.50
$11,395.60 $11,680.49 $11,972.51 $12,271.82 $12,578.61 $12,893.08
$51,771.65 $53,065.94 $54,392.59 $55,752.40 $57,146.21 $58,574.87
$15,425.28 $15,810.91 $16,206.18 $16,611.34 $17,026.62 $17,452.28
$150,931.74 $154,705.03 $158,572.66 $162,536.97 $166,600.40 $170,765.41
$31,518.75 $32,306.72 $33,114.39 $33,942.25 $34,790.80 $35,660.57
$94,556.25 $96,920.16 $99,343.16 $101,826.74 $104,372.41 $106,981.72
$26.27 $26.92 $27.60 $28.29 $28.99 $29.72
$40,449.06 $41,460.29 $42,496.80 $43,559.22 $44,648.20 $45,764.40
$5,101.84 $5,229.38 $5,360.12 $5,494.12 $5,631.47 $5,772.26
$2,626.04 $2,691.69 $2,758.98 $2,827.95 $2,898.65 $2,971.12
$1,418.34 $1,453.80 $1,490.15 $1,527.40 $1,565.59 $1,604.73
$175,696.54 $180,088.96 $184,591.18 $189,205.96 $193,936.11 $198,784.51
2038 2039 2040 2041 2042 2043
$5,253,125.00 $5,384,453.13 $5,519,064.45 $5,657,041.06 $5,798,467.09 $5,943,428.77
$111,012.23 $109,702.31 $108,155.38 $106,355.30 $103,546.22 $100,393.51
$137,210.67 $140,640.94 $144,156.96 $147,760.88 $151,454.91 $155,241.28
$13,721.07 $14,064.09 $14,415.70 $14,776.09 $15,145.49 $15,524.13
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$2,194,046.25 $2,163,107.62 $2,127,106.04 $2,070,924.37 $2,007,870.19 $1,937,498.30
$1,994,587.50 $1,966,461.47 $1,933,732.77 $1,882,658.52 $1,825,336.54 $1,761,362.09
$199,458.75 $196,646.15 $193,373.28 $188,265.85 $182,533.65 $176,136.21
Page 245 of 262
2044 2045 2046 2047 2048 2049
$33,894.14 $34,741.49 $35,610.03 $36,500.28 $37,412.79 $38,348.11
$14,325.98 $14,684.13 $15,051.23 $15,427.51 $15,813.20 $16,208.53
$28,494.18 $29,206.53 $29,936.70 $30,685.11 $31,452.24 $32,238.55
$1,930.56 $1,978.82 $2,028.29 $2,079.00 $2,130.98 $2,184.25
$450.20 $461.45 $472.99 $484.82 $496.94 $509.36
$2,997.88 $3,072.83 $3,149.65 $3,228.39 $3,309.10 $3,391.83
$1,798.36 $1,843.32 $1,889.40 $1,936.64 $1,985.06 $2,034.68
$13,215.41 $13,545.79 $13,884.44 $14,231.55 $14,587.34 $14,952.02
$60,039.24 $61,540.22 $63,078.73 $64,655.69 $66,272.09 $67,928.89
$17,888.59 $18,335.81 $18,794.20 $19,264.06 $19,745.66 $20,239.30
$175,034.54 $179,410.41 $183,895.67 $188,493.06 $193,205.38 $198,035.52
$36,552.09 $37,465.89 $38,402.54 $39,362.60 $40,346.66 $41,355.33
$109,656.26 $112,397.67 $115,207.61 $118,087.80 $121,039.99 $124,065.99
$30.46 $31.22 $32.00 $32.80 $33.62 $34.46
$46,908.51 $48,081.22 $49,283.25 $50,515.34 $51,778.22 $53,072.68
$5,916.56 $6,064.48 $6,216.09 $6,371.49 $6,530.78 $6,694.05
$3,045.40 $3,121.53 $3,199.57 $3,279.56 $3,361.55 $3,445.59
$1,644.84 $1,685.97 $1,728.11 $1,771.32 $1,815.60 $1,860.99
$203,754.13 $208,847.98 $214,069.18 $219,420.91 $224,906.43 $230,529.09
2044 2045 2046 2047 2048 2049
$6,092,014.49 $6,244,314.85 $6,400,422.72 $6,560,433.29 $6,724,444.12 $6,892,555.22
$96,874.91 $92,966.93 $88,644.76 $83,882.21 $78,651.67 $72,923.99
$159,122.31 $163,100.37 $167,177.88 $171,357.32 $175,641.26 $180,032.29
$15,912.23 $16,310.04 $16,717.79 $17,135.73 $17,564.13 $18,003.23
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$1,859,338.67 $1,772,895.20 $1,677,644.29 $1,573,033.45 $1,458,479.74 $1,333,368.21
$1,690,307.88 $1,611,722.91 $1,525,131.18 $1,430,030.41 $1,325,890.67 $1,212,152.92
$169,030.79 $161,172.29 $152,513.12 $143,003.04 $132,589.07 $121,215.29
Page 246 of 262
2050 2051 2052 2053 2054 2055
$39,306.81 $40,289.48 $41,296.72 $42,329.14 $43,387.37 $44,472.05
$16,613.75 $17,029.09 $17,454.82 $17,891.19 $18,338.47 $18,796.93
$33,044.51 $33,870.63 $34,717.39 $35,585.33 $36,474.96 $37,386.83
$2,238.86 $2,294.83 $2,352.20 $2,411.00 $2,471.28 $2,533.06
$522.09 $535.15 $548.52 $562.24 $576.29 $590.70
$3,476.62 $3,563.54 $3,652.63 $3,743.94 $3,837.54 $3,933.48
$2,085.55 $2,137.69 $2,191.13 $2,245.91 $2,302.06 $2,359.61
$15,325.82 $15,708.97 $16,101.69 $16,504.23 $16,916.84 $17,339.76
$69,627.11 $71,367.79 $73,151.98 $74,980.78 $76,855.30 $78,776.69
$20,745.28 $21,263.91 $21,795.51 $22,340.40 $22,898.91 $23,471.38
$202,986.41 $208,061.07 $213,262.59 $218,594.16 $224,059.01 $229,660.49
$42,389.21 $43,448.94 $44,535.17 $45,648.55 $46,789.76 $47,959.51
$127,167.64 $130,346.83 $133,605.51 $136,945.64 $140,369.28 $143,878.52
$35.32 $36.21 $37.11 $38.04 $38.99 $39.97
$54,399.49 $55,759.48 $57,153.47 $58,582.30 $60,046.86 $61,548.03
$6,861.40 $7,032.94 $7,208.76 $7,388.98 $7,573.70 $7,763.05
$3,531.73 $3,620.02 $3,710.52 $3,803.28 $3,898.37 $3,995.83
$1,907.51 $1,955.20 $2,004.08 $2,054.18 $2,105.54 $2,158.18
$236,292.32 $242,199.63 $248,254.62 $254,460.98 $260,822.51 $267,343.07
2050 2051 2052 2053 2054 2055
$7,064,869.10 $7,241,490.83 $7,422,528.10 $7,608,091.31 $7,798,293.59 $7,993,250.93
$66,668.41 $59,852.51 $52,442.08 $44,401.06 $35,691.40 $26,273.02
$184,533.10 $189,146.42 $193,875.08 $198,721.96 $203,690.01 $208,782.26
$18,453.31 $18,914.64 $19,387.51 $19,872.20 $20,369.00 $20,878.23
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$1,197,050.21 $1,048,841.66 $888,021.15 $713,828.05 $525,460.44 $322,072.97
$1,088,227.47 $953,492.42 $807,291.95 $648,934.59 $477,691.31 $292,793.61
$108,822.75 $95,349.24 $80,729.20 $64,893.46 $47,769.13 $29,279.36
Page 247 of 262
2056 2057 2058 2059 2060 2061
$45,583.85 $46,723.45 $47,891.53 $49,088.82 $50,316.04 $51,573.94
$19,266.85 $19,748.52 $20,242.24 $20,748.29 $21,267.00 $21,798.67
$38,321.50 $39,279.54 $40,261.53 $41,268.07 $42,299.77 $43,357.26
$2,596.39 $2,661.30 $2,727.83 $2,796.03 $2,865.93 $2,937.57
$605.47 $620.61 $636.12 $652.02 $668.32 $685.03
$4,031.82 $4,132.61 $4,235.93 $4,341.82 $4,450.37 $4,561.63
$2,418.60 $2,479.06 $2,541.04 $2,604.57 $2,669.68 $2,736.42
$17,773.25 $18,217.58 $18,673.02 $19,139.85 $19,618.35 $20,108.80
$80,746.10 $82,764.75 $84,833.87 $86,954.72 $89,128.59 $91,356.80
$24,058.17 $24,659.62 $25,276.11 $25,908.01 $26,555.71 $27,219.61
$235,402.00 $241,287.05 $247,319.23 $253,502.21 $259,839.76 $266,335.76
$49,158.49 $50,387.46 $51,647.14 $52,938.32 $54,261.78 $55,618.32
$147,475.48 $151,162.37 $154,941.43 $158,814.96 $162,785.34 $166,854.97
$40.97 $41.99 $43.04 $44.12 $45.22 $46.35
$63,086.73 $64,663.90 $66,280.50 $67,937.51 $69,635.95 $71,376.85
$7,957.12 $8,156.05 $8,359.95 $8,568.95 $8,783.17 $9,002.75
$4,095.72 $4,198.11 $4,303.07 $4,410.64 $4,520.91 $4,633.93
$2,212.13 $2,267.44 $2,324.12 $2,382.22 $2,441.78 $2,502.82
$274,026.65 $280,877.31 $287,899.25 $295,096.73 $302,474.14 $310,036.00
2056 2057 2058 2059 2060 2061
$8,193,082.20 $8,397,909.26 $8,607,856.99 $8,823,053.41 $9,043,629.75 $9,269,720.49
$16,103.65 $5,138.73 $0.00 $0.00 $0.00 $0.00
$214,001.82 $98,103.05 $0.00 $0.00 $0.00 $0.00
$21,400.18 $9,810.30 $0.00 $0.00 $0.00 $0.00
$0.00 $133,373.70 $247,319.23 $253,502.21 $259,839.76 $266,335.76
$102,774.62 $0.00 $0.00 $0.00 $0.00 $0.00
$93,431.47 $0.00 $0.00 $0.00 $0.00 $0.00
$9,343.15 $0.00 $0.00 $0.00 $0.00 $0.00
Page 248 of 262
2062 2063 2064 2065
$52,863.29 $54,184.87 $55,539.50 $56,927.98
$22,343.64 $22,902.23 $23,474.79 $24,061.66
$44,441.20 $45,552.23 $46,691.03 $47,858.31
$3,011.01 $3,086.29 $3,163.45 $3,242.53
$702.16 $719.71 $737.70 $756.15
$4,675.67 $4,792.56 $4,912.38 $5,035.19
$2,804.83 $2,874.95 $2,946.83 $3,020.50
$20,611.52 $21,126.81 $21,654.98 $22,196.36
$93,640.72 $95,981.74 $98,381.29 $100,840.82
$27,900.10 $28,597.60 $29,312.54 $30,045.35
$272,994.15 $279,819.00 $286,814.48 $293,984.84
$57,008.78 $58,434.00 $59,894.85 $61,392.22
$171,026.34 $175,302.00 $179,684.55 $184,176.67
$47.51 $48.70 $49.91 $51.16
$73,161.27 $74,990.30 $76,865.06 $78,786.68
$9,227.82 $9,458.52 $9,694.98 $9,937.35
$4,749.78 $4,868.53 $4,990.24 $5,115.00
$2,565.40 $2,629.53 $2,695.27 $2,762.65
$317,786.90 $325,731.57 $333,874.86 $342,221.73
2062 2063 2064 2065
$9,501,463.50 $9,739,000.09 $9,982,475.09 $10,232,036.97
$0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
$272,994.15 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
Page 249 of 262
City of Muskegon
Brownfield Redevelopment Authority
County of Muskegon, State of Michigan
RESOLUTION APPROVING BROWNFIELD PLAN AMENDMENT
349 West Webster, LLC (349 West Webster)
Minutes of a regular meeting of the Board of the City of Muskegon Brownfield
Redevelopment Authority, County of Muskegon, State of Michigan, held on the 9th day of October
2024 at 10:30 a.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by _______ and supported by Member
______:
WHEREAS, a Brownfield Plan has been adopted pursuant to Act 381, Public Acts of
Michigan, 1996, as amended (“Act 381”), a copy of which is on file with the Secretary of the City of
Muskegon Brownfield Redevelopment Authority (the “Authority”); and
WHEREAS, the Authority is authorized to approve amendments to the Brownfield Plan and
recommends the Amendment to add eligible properties within 349 West Webster Redevelopment
project for approval to the City of Muskegon, County of Muskegon, State of Michigan (the “City”).
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. Approval of Brownfield Plan. The Board hereby adopts and approves the
Brownfield Plan Amendment for the 349 West Webster Redevelopment project and
recommends the approval of the Brownfield Plan Amendments by the Muskegon City
Commission.
2. Public Hearing. The Board hereby requests city personnel to provide a notice of
Page 250 of 262
Public Hearing on the proposed Brownfield Plan Amendments, and further requests that
such hearing notice be provided to all taxing jurisdictions. Notice of the time and place of
the hearing shall be given pursuant to Act 267, Public Acts of Michigan, 1976, as amended
(“Open Meetings Act”).
3. Deliver Resolution and Brownfield Plan to City. The Chair of the Authority is
directed to deliver a certified copy of this resolution and the Brownfield Plan Amendments to
the City Clerk.
4. Disclaimer. By adoption of this resolution and approval of the Brownfield Plan
Amendments, the Authority assumes no obligation or liability to the owner, developer or
lessor of the Eligible Property for any loss or damage that may result to such persons from
the adoption of this resolution and Brownfield Plan Amendments.
5. Work Plan Transmittal. The Chair of the Authority shall be authorized to transmit to
the Michigan Strategic Fund, the Michigan Economic Development Corporation and/or the
Michigan Department of Environmental Quality, on behalf of the Authority, a final Act 381
Work Plan that has been reviewed and approved by the Authority.
6. Repealer. All resolutions and parts of resolution in conflict with the provisions of this
resolution are hereby repealed or amended to the extent of such conflict.
AYES:
NAYS:
RESOLUTION DECLARED ADOPTED.
____________________________
Martha Bottomley, Chair
City of Muskegon Brownfield Redevelopment Authority
-2-
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I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Board
of the City of Muskegon Brownfield Redevelopment Authority, County of Muskegon, State of
Michigan, at a regular meeting held on October 9, 2024, 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, and that the minutes of said meeting were kept
and will be or have been made available as required by said Act.
_____________________________
Martha Bottomley, Chair
City of Muskegon Brownfield Redevelopment Authority
-3-
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RESOLUTION APPROVING BROWNFIELD PLAN AMENDMENT
349 West Webster, LLC (349 W. Webster)
County of Muskegon, Michigan
2024-October-22
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the "City"), held in the City Commission Chambers on the 22 day of
October, 2024 at 5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by ______________ and
supported by ______________.
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; and
WHEREAS, a Development and Reimbursement Agreement (the "DRA") has been entered into
by and among the Authority, the City, and the Developer, outlining the terms and conditions for the
reimbursement of eligible activities using Brownfield Tax Increment Financing (TIF) revenue; and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendment, to the City
Commission requesting its approval of the Brownfield Plan Amendment; and
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.
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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 Amendment 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:
ABSENT:
RESOLUTION DECLARED APPROVED.
_____________________________________
Ann Meisch, City Clerk
_____________________________________
Ken Johnson, Mayor
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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
meeting held on October 22, 2024 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 that the minutes of said meetingwere kept and will
be or have been made available as required by said Act.
______________________________
Ann Meisch, City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: Conflict of Interest Disclosure
Submitted by: Sharonda Carson, CNS Director Department: Community & Neighborhood
Services
Brief Summary:
Seeking approval to waive conflict pursuant to City Charter and State Law. City staff will be seeking
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 Priority Home Repair Program.
Detailed Summary & Background:
Under State law, a contract between a public entity and a public servant is permissible in this
particular case when:
1) The public servant discloses in writing to the Mayor, seven days prior to City Commission action,
their interest in the issue and the value of benefits to be provided by the City;
2) The official body discloses a summary of the transaction in its official minutes.
Where a “conflict of interest” does exist pursuant to the City Charter, the City may still enter into the
contract if all the following occurs:
The City Commission declares that it is in the best interest of the City to enter into the contract.
The City Attorney and employee letter is attached.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
$6,549.00 No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion:
To waive the conflict of interest pursuant to City Charter and State Law and request the Department
of Housing and Urban Development for an exception approve the request of Conflict of Interest
Exception for the City of Muskegon Community and Neighborhood Services Department Priority
Home Repair Program.
Approvals: Guest(s) Invited / Presenting:
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Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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