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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 Page 1 of 3 Page 1 of 262 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 Page 2 of 3 Page 2 of 262 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 Page 3 of 3 Page 3 of 262 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 Page 4 of 262 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 Page 5 of 262 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. Page 1 of 2 Page 6 of 262 ADJOURNMENT The Commission Worksession meeting adjourned at 7:40 p.m. Respectfully Submitted, Ann Marie Meisch, MMC City Clerk Page 2 of 2 Page 7 of 262 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 Page 1 of 14 Page 8 of 262 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. Page 2 of 14 Page 9 of 262 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 Page 3 of 14 Page 10 of 262 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 Page 4 of 14 Page 11 of 262 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 Page 5 of 14 Page 12 of 262 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 Page 6 of 14 Page 13 of 262 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 Page 7 of 14 Page 14 of 262 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 Page 8 of 14 Page 15 of 262 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 Page 9 of 14 Page 16 of 262 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. Page 10 of 14 Page 17 of 262 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. Page 11 of 14 Page 18 of 262 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 Page 12 of 14 Page 19 of 262 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 Page 13 of 14 Page 20 of 262 The City Commission Meeting adjourned at 9:07 p.m. Respectfully Submitted, Ann Marie Meisch, MMC City Clerk Page 14 of 14 Page 21 of 262 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 Page 22 of 262 Legal Review x Page 23 of 262 Page 24 of 262 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 Page 25 of 262 Communication Legal Review Page 26 of 262 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 Page 27 of 262 Head No Information Technology Other Division Heads Communication Legal Review Page 28 of 262 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 Page 29 of 262 Page 30 of 262 Page 31 of 262 Page 32 of 262 Page 33 of 262 Page 34 of 262 Page 35 of 262 Page 36 of 262 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") Page 1 of 4 Page 37 of 262 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. Page 2 of 4 Page 38 of 262 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 Page 39 of 262 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 Page 40 of 262 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 Page 41 of 262 improvements for McCrea, Beukema & Seyferth Park. Approvals: Guest(s) Invited / Presenting: Immediate Division X Head No Information Technology Other Division Heads Communication Legal Review Page 42 of 262 Page 43 of 262 Page 44 of 262 Page 45 of 262 Page 46 of 262 Page 47 of 262 Page 48 of 262 Page 49 of 262 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 Page 50 of 262 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 Page 51 of 262 Page 52 of 262 Page 53 of 262 Page 54 of 262 Page 55 of 262 Page 56 of 262 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 Page 57 of 262 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. Page 58 of 262 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 Page 59 of 262 Page 60 of 262 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 Page 98 of 262 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 Page 105 of 262 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 ```` Page 107 of 262 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 ✉ info@freshcoastclimate.com 🌏 freshcoastclimate.com linkedin.com/company/fresh-coast-climate-solutions Page 108 of 262 BOLD SOLUTIONS. TRANSFORMATIVE ACTION. 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 ✉ info@freshcoastclimate.com 🌏 freshcoastclimate.com linkedin.com/company/fresh-coast-climate-solutions Page 109 of 262 BOLD SOLUTIONS. TRANSFORMATIVE ACTION. 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 ✉ info@freshcoastclimate.com 🌏 freshcoastclimate.com linkedin.com/company/fresh-coast-climate-solutions Page 110 of 262 BOLD SOLUTIONS. 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 ✉ info@freshcoastclimate.com 🌏 freshcoastclimate.com linkedin.com/company/fresh-coast-climate-solutions Page 111 of 262 BOLD SOLUTIONS. 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 ✉ info@freshcoastclimate.com 🌏 freshcoastclimate.com linkedin.com/company/fresh-coast-climate-solutions Page 112 of 262 BOLD SOLUTIONS. TRANSFORMATIVE ACTION. 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 ✉ info@freshcoastclimate.com 🌏 freshcoastclimate.com linkedin.com/company/fresh-coast-climate-solutions Page 113 of 262 BOLD SOLUTIONS. TRANSFORMATIVE ACTION. 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. ✉ info@freshcoastclimate.com 🌏 freshcoastclimate.com linkedin.com/company/fresh-coast-climate-solutions Page 114 of 262 BOLD SOLUTIONS. TRANSFORMATIVE ACTION. 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 ✉ info@freshcoastclimate.com 🌏 freshcoastclimate.com linkedin.com/company/fresh-coast-climate-solutions Page 115 of 262 BOLD SOLUTIONS. TRANSFORMATIVE ACTION. 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 ✉ info@freshcoastclimate.com 🌏 freshcoastclimate.com linkedin.com/company/fresh-coast-climate-solutions Page 116 of 262 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. ✉ info@freshcoastclimate.com 🌏 freshcoastclimate.com linkedin.com/company/fresh-coast-climate-solutions Page 117 of 262 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 ✉ info@freshcoastclimate.com 🌏 freshcoastclimate.com linkedin.com/company/fresh-coast-climate-solutions Page 118 of 262 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 ✉ info@freshcoastclimate.com 🌏 freshcoastclimate.com linkedin.com/company/fresh-coast-climate-solutions Page 119 of 262 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. Page 120 of 262 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 Page 121 of 262 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 Page 122 of 262 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 Page 123 of 262 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. Page 124 of 262 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 Page 125 of 262 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 Page 126 of 262 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 Page 127 of 262 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 Page 128 of 262 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 Page 129 of 262 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 Page 130 of 262 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. Page 131 of 262 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 Page 132 of 262 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 Page 133 of 262 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 Page 134 of 262 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 Page 135 of 262 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. Page 136 of 262 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 Page 138 of 262 • 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 Page 139 of 262 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 Page 140 of 262 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 Page 141 of 262 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) Page 142 of 262 • 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 Page 143 of 262 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 Page 144 of 262 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 Page 145 of 262 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 Page 146 of 262 ● 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. Page 147 of 262 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 Page 148 of 262 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 Page 149 of 262 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 Page 150 of 262 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 Page 151 of 262 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 Page 152 of 262 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. Page 153 of 262 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. Page 154 of 262 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 Page 155 of 262 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. Page 156 of 262 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 Page 157 of 262 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 Page 158 of 262 Communication Legal Review Page 159 of 262 Page 160 of 262 Page 161 of 262 Page 162 of 262 Page 163 of 262 Page 164 of 262 Page 165 of 262 Page 166 of 262 Page 167 of 262 Page 168 of 262 Page 169 of 262 Page 170 of 262 Page 171 of 262 Page 172 of 262 Page 173 of 262 Page 174 of 262 Page 175 of 262 Page 176 of 262 Page 177 of 262 Page 178 of 262 Page 179 of 262 Page 180 of 262 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 Page 191 of 262 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 Page 222 of 262 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 Page 223 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- Page 224 of 262 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- Page 225 of 262 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. Page 226 of 262 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 Page 227 of 262 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: Page 229 of 262 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 Page 230 of 262 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. Page 236 of 262 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- Page 251 of 262 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- Page 252 of 262 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. Page 253 of 262 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 Page 254 of 262 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 255 of 262 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: Page 256 of 262 Immediate Division Head No Information Technology Other Division Heads Communication Legal Review Page 257 of 262 Page 258 of 262 Page 259 of 262 Page 260 of 262 Page 261 of 262 Page 262 of 262
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