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CITY OF MUSKEGON DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") REGULAR MEETING DATE OF MEETING: Tuesday, April 13, 2021 TIME OF MEETING: 10:30A.M. PLACE OF MEETING: ZOOM for pmiicipants and Facebook Live/ Facebook "City of Muskegon Government" for public AGENDA I. Roll Call II. Approval of the regular meeting minutes of Nov. 24, 2020 III. Public comment on agenda items IV. Brownfield Redevelopment Authority business A. Update (Pete Wills) V. Downtown Development Authority business A. DDA financial report (Beth Lewis) B. DDA financial proposals (Dave Alexander) 1. Future of arena funding 2. Muskegon Museum of Art request 3. Events post-COVID supp01i 4. Street Lighting on Terrace Street C. Downtown events update (Ann Meisch) VI. Public participation VII. Adjourn AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES 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, 24- hour notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing or calling the following: Ann Meisch, City Clerk at 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TTY/TDD: Dial 7-1-1 and request that representative dial 231-724-6705 CITY OF MUSKEGON DOWNTOWN DEVELOPMENT AUTHORITY (DOA)/ BROWNFIELD REDEVELOPMENT AUTHORITY (BRA) REGULAR MEETING MINUTES November 24, 2020 The meeting was held electronically via Zoom. Chairperson M. Bottomley called the meeting to order at 10:30 AM and roll was taken. MEMBERS PRESENT: M. Bottomley (Muskegon MI), B. Hastings (Muskegon MI), J. Riegler (Muskegon MI), M. Kleaveland (Muskegon MI), D. Pollock (Grand Rapids MI), F. DePung (Muskegon MI), M. Johnson Sr (Norton Shores MI), S. Black (Muskegon MI), J. Moore (Muskegon MI), H. Sytsema (Muskegon MI), D. Kalisz (Ft Myers FL) MEMBERS ABSENT: F. Peterson, J. Wallace Jr STAFF PRESENT: P. Wills, Director of Strategic Initiatives; J. Eckholm, Economic Development Director; M. Franzak, Planning Director; L. Mikesell, Director of Development Services; D. Alexander, Downtown Manager; B. Lewis, Finance Director; A. Meisch, City Clerk; D. Renkenberger, Administrative Assistant; R. Cummins, Zoom meeting facilitator OTHERS PRESENT: M. Bear, 592 W Muskegon Ave (via phone during public call-in period) APPROVAL OF MINUTES A motion to approve the regular meeting minutes of October 13, 2020 was made by J. Moore, supported by M. Kleaveland and unanimously approved. BROWNFIELD REDEVELOPMENT AUTHORITY BUSINESS Infill Housing Project (2nd Amendment) - P. Wills explained the request. City staff is seeking BRA approval to amend the Brownfield Plan to add additional eligible parcels to the City's Infill Housing Project (2 nd Amendment). The 2 nd Amendment adds an additional 13 parcels beyond the 108 parcels adopted in the 1st Amendment. The BRA approved the Infill Housing Project (1 st Amendment) on July 14th and the City Commission on July 28 th • The following eligible properties are proposed to be added in this second amendment: 880 First Street (880 First St LLC development), 216 W. Clay (880 First St LLC development), 208 W. Clay (880 First St LLC development), 1095 Third Street (former Catholic Charities prope1iy), 301 W. Muskegon Ave (former Catholic Charities parking lot), 589 McLaughlin (Big Red Developer), 559 McLaughlin (Big Red Developer), 441 Isabella (Big Red Developer), 438 Isabella (Big Red Developer), 591 Catherine (Big Red Developer), 185 E. Muskegon Ave (former Farmers Market prope1iies), and 209 E. Walton Ave (former Farmers Market prope1iies). The address of 435 Isabella had been included originally, but P. Wills stated that that address could be removed. J. Eckholm discussed developments on the first 3 parcels on the list, and L. Mikesell provided background on Big Red Development and their parcels. The plan amendment involved the redevelopment of 119 total parcels, most located in the Nelson and Jackson Hill Neighborhoods. Some of these lots would be split, creating up to 255 subject parcels. The plan incorporated three types of redevelopment projects: infill housing on vacant City lots (up to 240 units), the rehab of existing homes (11 detached houses), and two separate mixed-use developments (former Catholic Charities parcels and 880 First St, LLC projects). Activities included the redevelopment and rehabilitation of subject parcels, and construction of new commercial and residential units. The City was marketing these downtown properties with the anticipation that private developers would acquire the sites and submit plans for productive redevelopment. City staff continued to market the former Catholic Charities building and attached parking lot at 301 W. Muskegon Ave, and had also been working with the owners of the former AmeriBank building at 880 First Street to finalize plans to redevelop that property. Staff worked closely with the developer's project management team to coordinate extensive testing on the structure, foundation and design of the existing building. Initial development plans, to be complete in 2022, would include adding five additional stories to the existing structure to house over 50 rental apartments in the tower building as well as co-working space for residents who choose to work from their homes. Future phases would include additional apmiments as well as a 3-4 story parking garage. The City Commission was expected to consider a purchase and development agreement with the developers which would allow the city to recoup site preparation expenses through the Brownfield TIF. The prope1iy was purchased by the city in 2015 for $150,000 and spent $350,000 deconstructing it in 2018. The current draft development agreement reflected both the City and Ferguson Development splitting Brownfield TIF reimbursement for their respective eligible costs related to the property. The 2nd Amendment also included the following updates (note that dollar figures are not exact): • Developer's Reimbursement Costs: Infill Housing - $5,877,00; Mixed-use projects - $1,000,000; Total reimbursement costs - $6,877,000 • Estimated Total Capital Investment: Infill Housing - $49,000,000; Home rehab - $500,000; Mixed Use developments: $26,000,000; Total Estimated Capital Investment - $75,000,000 • The Plan anticipates eligible activities, paid through future capture of tax increments, to include $4,880,000 for cost of sale/seller concessions; $1,200,000 for demolition and potential costs of abatement; $777,000 to construct public infrastructure at the former farmers market; $20,000 for brownfield plan preparation and development; a 15% plan contingency fee of $1,031,550; and which reflects total eligible activities to be paid under this plan at $7,908,550. • The Authority intends to enter into Development & Reimbursement Agreements with future prope1iy owners/developers of prope1iies included in the Plan to reimburse them for costs of eligible activities. • The duration of this Plan is not to exceed 30 years and complete recapture of eligible costs through tax increment revenue are expected to occur within this period. Estimated completion of all homes associated with this Project will be completed by 2023. • The plan contemplates continued five-year capture of tax increments for a local Brownfield Revolving Loan Fund ifthere is time left in the 30-year plan after eligible costs are covered. City staff prepared this Infill Housing Project (2 nd Amendment) Brownfield Plan Amendment and recommends BRA approval. M. Bottomley asked if the remaining parcels were vacant lots. L. Mikesell confirmed that was correct. M. Franzak stated that staff had discovered that one property had been listed twice, so the dollar figures would be a bit different than originally shown. M. Johnson asked if staff was confident in the developers' ability to secure financing and complete the projects. M. Franzak stated that he was, and that several projects had already been started. J. Eckholm stated that the developers of 880 1st St had already spent a significant sum of money to have environmental testing done, which showed that they were serious about the project. M. Bottomley asked about the houses being built at 8th & Muskegon Ave, and if the garages were planned to be in front of or behind the homes. M. Franzak stated that the alley that ran behind the houses was not usable, so the garages would be in the front; however, the renderings looked nice, especially with the porches in the front. F. DePung asked if the houses on Webster would be rental homes. M. Franzak stated that they were all Dusendang homes and some would be rentals. However, all must be available for sale. M. Kleaveland asked if the rentals were single- or multi-unit. M. Franzak stated that so far, the developers had preferred single family models, but staff wanted to see a mixture of single-family to quad-pl exes for different income levels. He stated that developers had been speaking to neighboring residents, who had indicated that they didn't want duplexes. There were no public comments. A motion to approve the resolution for the Brownfield Plan Amendment for the city's Infill House Project (2 nd Amendment), to request a public hearing before the Muskegon City Commission, and to have the City Commission consider adoption of the Plan, was made by M. Kleaveland, supported by M. Johnson and unanimously approved, with M. Bottomley, B. Hastings, J. Riegler, M. Kleaveland, D. Pollock, F. DePung, M. Johnson Sr, S. Black, J. Moore, H. Sytsema, and D. Kalisz voting aye. DOWNTOWN DEVELOPMENT AUTHORITY BUSINESS DDA Budget - D. Alexander reviewed the budget figures. He stated that there were no tax increment revenues shown yet; those would be added in the latter half of the fiscal year (July-June). He stated that he expected about $40,000 in available discretionary funds. B. Lewis stated that the city had done a bond issue for HVAC and roof improvements to Mercy Health Arena, so the DDA's contribution to that would be less than originally thought. M. Bottomley asked what the cost difference was. B. Lewis explained that they just closed on the bonds earlier this month so there was not a specific amount yet, but it would depend on what the bond payments would be. However, it would be less than the $215,000 shown in the budget. M. Bottomley asked if the $215,000 figure was for 5 years; B. Lewis confirmed that was correct. M. Johnson asked if that was in addition to the amount that the DDA had previously contributed toward restroom renovations. B. Lewis stated that was correct; that money had already been paid. M. Bottomley asked for more precise financial information going forward. M. Kleaveland asked how long the DDA had been paying the $215,000. B. Lewis stated that there had been some money paid last fiscal year but this was the first full year of the $215,000 payment. B. Hastings asked ifthere was an update on the splash pad handrails. D. Alexander stated that the Engineering Dept was handling that; however, the DPW was dealing with staffing issues due to Covid so there were delays. H. Sytsema asked about the negative cash reserves. B. Lewis explained that the DDA was a debt fund; that money would be made up going forward. D. Alexander requested a motion to accept or reject the budget. B. Lewis stated that she would have better budget numbers at the next meeting, along with a 5-year outlook. M. Bottomley asked how the payments to the County were coming along. B. Lewis stated that $134,000 was the final payment. A motion to accept the final budget report was made by B. Hastings, supported by J. Moore and unanimously approved, with M. Bottomley, B. Hastings, J. Riegler, M. Kleaveland, D. Pollock, F. DePung, M. Johnson Sr, S. Black, J. Moore, H. Sytsema, and D. Kalisz voting aye. Proposal on Downtown Events D. Alexander presented the staff report. City staff had been in contact with C. Flanders, previous director of the Lakeshore Art Festival (LAF) through the Muskegon Lakeshore Chamber of Commerce, about the possibility of the City taking over production of the art festival. The Chamber was no longer able to manage it, and because the festival brought thousands of people to downtown Muskegon and its businesses, it was posited that the DDA would be an appropriate organization to take over this event. The Taste of Muskegon was also suggested as an event that may be appropriate for the DDA. A. Meisch stated that she had spoken to the City Commission and explained the proposal outlining the possible city management of these events, which was favorably received. Financially however, the city's attorney had advised that the city's General Fund was not appropriate to act as fiduciary of the event. Due to the event's economic impact and overall promotion of downtown Muskegon, staff believes that the DDA budget would be a good fit. DD As across the state have historically produced events to promote and market their districts, and it fits within our DDA's mission. If approved, the DDA would become the fiduciary, taking on the risk and reward for the Lakeshore A1i Festival and the Taste of Muskegon. Due to Covid-19 restrictions, it is unknown at this point how 2021 events would be affected, and it's possible that there could be a loss if the event had to be cancelled. Some cash expenditures are needed now for marketing and software expenses. However, it is anticipated that the events should at least break even and possibly make some profit, which would go to the DDA to spend to support its mission. The Clerk's Office and the DDA Manager would work with the existing LAF volunteer organization under the direction of C. Flanders, who would work under contract with the Clerk's Office to direct and produce the art festival. Regarding the Taste of Muskegon, staff will ask the DDA to enter a similar arrangement with the Clerk's office at a future date, as those details are still being worked out. City staff recommends approval of the proposal, with the DDA Manager joining both volunteer event boards as a DDA liaison. A. Meisch discussed the proposal. She stated that the Chamber was no longer able to support the event, which was among the top 25 art festivals in the country. Although 2021 would be an unce1iain year due to Covid-19 issues, the festival generally made a profit, which would benefit the DDA if they took over. The festival also benefitted downtown businesses, many of which had indicated that it was an impmiant festival for them, due to the people and money it attracted to downtown. The Taste of Muskegon also made money, which was used to help suppmi the Farmer's Market. Both events had up-front costs which would later be covered by vendor fees. DDA funds would be needed to cover the up-front costs. A. Meisch also asked that the city be allowed to hire C. Flanders to run the art fair, as she had extensive experience. She would be paid a monthly fee under a contract with the DDA. D. Alexander stated that the city was looking for the DDA to become the fiduciary and accept a loan from the city's cash reserves to pay festival expenses, not to exceed $25,000 per month. Once vendor fees started coming in, that money would be paid back. He suggested that the DDA commit to at least 2 years, in case Covid concerns had a negative effect on the 2021 festival. M. Bottomley asked for input from the board. D. Kalisz stated that the festivals were a great thing for the DDA to consider suppmiing, as it was good public relations for Muskegon and the downtown. He asked if C. Flanders's services would be similar to what she did at the Chamber. C. Flanders stated that it would be within the scope of what she had previously done and somewhat beyond, and her committee was on board with the proposal. M. Kleaveland asked if she thought it could be more difficult for the DDA to secure donations for the festival, considering it was a quasi-governmental board. C. Flanders stated that she already had commitments from some sponsors and the Chamber had also agreed to assist with sponsors. In addition, she thought the continuity of having the same person running the festival would be beneficial. M. Johnson asked if the DDA was being asked to finance the event and provide staff/volunteers. D. Alexander clarified that the DDA was being asked for financing only. C. Flanders already had a dedicated volunteer staff and list, and A. Meisch and her team could also provide assistance. D. Alexander stated that he was willing to serve on the festival's volunteer board. B. Hastings asked if the art festival could proceed without the DDA. C. Flanders stated that another organization would have to step forward to take over. A. Meisch stated that the Chamber had reached out to the City about taking over the festival, and city staff had reached out to C. Flanders. S. Black asked if there was a contingency plan in case covid restrictions were still in place. C. Flanders stated that, since it was an outdoor event, there was a plan to hold a smaller festival, providing there was no directive from the Governor in place that forbid it. J. Riegler concurred that the festival was very important for downtown businesses but was concerned about the money available in the DDA' s budget. M. Bottomley also expressed concern about taking on too much debt. J. Riegler asked C. Flanders how long she expected the initial $25,000 to last. C. Flanders anticipated that it would last into February or March; the biggest part right now was promoting the festival to draw in the artists. She would start working on sponsors right away, and vendor fees were expected to start coming in. However, if the festival had to be cancelled, those fees would have to be refunded. M. Bottomley asked what the city's loan terms were for the $25,000. B. Lewis stated that if the festival revenue didn't cover the loan amount, the city would look into a mutually agreeable arrangement with the DDA, as the city wanted to see the festival continue. Staff, board members, and C. Flanders continued to discuss financing sources, including grants. A motion that the DDA provide financing of $25,000 in beginning expenses for the 2021 Lakeshore Art Festival was made by D. Kalisz and supported by J. Moore, with discussion continuing on the motion. F. DePung asked where the money would go if the festival made a profit. B. Lewis stated that it would go to the DDA and it would be up to the board where they wanted to spend it. M. Bottomley stated that she would like to see a fomer contract outlining the terms discussed. M. Kleaveland stated that the details could be worked out, but board approval now would allow staff and C. Flanders to proceed with the festival, since preparation needed to begin as soon as possible. C. Flanders confirmed that timing was imperative, as artists were already looking to fill up their schedules for next year. D. Kalisz and J. Moore agreed to amend their original motion to match staffs recommendation, as follows: I move that the Muskegon Downtown Development Authority accept the fiduciary responsibility of producing the Muskegon Lakeshore Art Festival (LAF) and Taste of Muskegon to be organized through the Muskegon City Clerk's Office, and direct the DDA Manager to provide regular updates to the DDA board on both events. For the LAF, I move that the DDA accept monthly loans from surplus city funds as needed, not to exceed a total of $25,000 with event revenues paying back those loans. For Taste of Muskegon, I move that the DDA direct its manager to provide the DDA board with event details for fu1iher action. DDA support of these events will be reevaluated after the 2022 season. M. Bottomley stated that the board had not discussed the Taste of Muskegon, and asked if that reference should be removed from the motion. D. Alexander and A. Meisch stated that no funds were being requested for Taste of Muskegon at this time. A vote was taken on the amended motion above, which was unanimously approved, with M. Bottomley, B. Hastings, J. Riegler, M. Kleaveland, D. Pollock, F. DePung, M. Johnson Sr, S. Black, J. Moore, H. Sytsema, and D. Kalisz voting aye. D. Alexander thanked the board for their support and quick action. Downtown Report D. Alexander stated that the last county bond payment would allow some extra funds in the DDA budget in the last half of the fiscal year. He stated that Downtown Muskegon lost over a million people over the summer due to event cancellations so it was vital to support downtown events going forward. He discussed beer tents and how the social district regulations could affect those, as currently, social district allowances had to be suspended during events. This could be problematic for enforcement, if regulations changed week to week. He would monitor upcoming legislation involving the issue. PUBLIC PARTICIPATION R. Cummins allotted time for public participation via call-in. M. Bear phoned in regarding the homes currently under construction on Webster Ave. She stated that she was not opposed to new homes being built, but she wanted to see more input from residents before decisions were made. OTHER None There being no further business, the meeting was adjourned at 12:05 p.m. dr Muskegon Downtown Development Authority Agenda item V./B-1 for 4-13-21 Request for arena debt payment funding Requesting party: City Finance Department Outline of request: Staff is asking the DDA board to rescind any previous funding support of the repayment of debt for the Mercy Health Arena's new roof and HVAC system upgrades. Going forward, staff requests the DDA support of a lower annual debt payment for the next 10 years. Background: The DDA has supported the repayment of debt for the city's improvements to its Mercy Health Arena's new roof and HVAC system upgrades. The DDA budget has shown a $215,000 payment the past two fiscal year's. Staff cannot find DDA motion approving the debt payment but the budget indicates the payments would be for either five or 10 years. The city has refinanced its debt through a new city bond issue. The refinancing has lowered the annual debt cost of the Mercy Health roof/HVAC to approximately $130,000. Staff comments: City staff is asking the DDA rescind any prior commitments to support Mercy Health debt payments and commit to approximately $130,000 annually for the next 10 years. On a yearly basis, the lower payments frees up approximately $70,000 a year in the DDA budget for board to reallocate resources to other of its priorities in the 2019 strategic plan. The Finance Department will be available to outline this request and answer board questions. Staff recommendation: To continue to support the Mercy Health Arena debt service at approximately $130,000 a year for the next 10 years. The exact bond issue payments are attached to this agenda request. Suggested motion: I move to rescind any prior Muskegon Downtown Development Authority support for the funding of debt service for the city's Mercy Health Arena's new roof and HVAC system. For the next 10 years, I move for the DDA to fund approximately $130,000 a year to support the arena debt consolidated in a recent city bond issue. Muskegon Downtown Development Authority Agenda item V/B-2 for 4-13-21 Request for a DDA pledge to the Muskegon Museum of Art Requesting party: City Manager and the Muskegon Museum of Art Outline of request: The Muskegon Museum of Art - a cultural foundation in downtown Muskegon, one of the finest small town art museum 1 s in the world and a huge West Michigan asset - is asking the DDA to support its Shaping the Future capital campaign with a pledge of $100,000 over five years beginning in July 1, 2022. Background: The MMA has embarked on its largest capital campaign of its 110 years of operations in downtown Muskegon. The $9.9 million campaign would pay for an addition to the museum to expand public display of its significant permanent collection on an ongoing basis and provide additional large exhibit space to allow the MMA to host major, national touring art exhibits. The MMA already has about 75 percent of its goal raised and anticipates completing the campaign by the end of the year, breaking ground this fall and opening the in 2023. The MMA is asking for a $100,000 pledge at this time to be paid over five years at $20,000 annually beginning in July 2022, which would be part of the 2022-23 DDA budget. Staff comments: City Manager Frank Peterson and city Business Development Manager Dave Alexander met with museum executives and campaign leaders. They agreed to bring this 1 request to DDA. MMA Executive Director Kirk Hallman s letter requesting DDA support for the Shaping the Future campaign is attached. Also is the copy of the MMA1s campaign brochure. Kirk Hallman or a representative from the MMA should be at your meeting to make the request and answer questions. Realize that other district institutions have capital campaigns but have not requested DDA support. Staff recommendation: The MMA request seems reasonable when considering its significance to downtown, the need for space that will serve the community and region for decades to come and the support already received from the community and West Michigan. Staff recommends approval knowing that the first payment would not be due until the fiscal year starting in July 2022. Suggested motion: I move for the DDA to pledge $100,000 to the Muskegon Museum of Art Shaping the Future campaign, $20,000 a year for five years beginning in July 2022. MUSKEGON MUSEUMmART 296 W. Webster Avenue Muskegon. Ml 49440 231.720.2571 HONORARY CHAIRS February 5, 2021 Jon & Jane Blyth Larry Hines Robert & Wendy Kersman Charles E. & Vivian K. Johnson II Dave Alexander, Business Development Manager Patrick O'Leary City of Muskegon/Downtown Development Authority Marge Potter Kimberly Van Kampen Muskegon, Ml 49440 ENDORSEMENT COUNCIL Dave Alexander Beth Beaman Dear Dave, Susan Bednarek Billie Bruce I'm writing to formally request support from the DDA for the largest expansion Claudia Bryant of Muskegon's cultural infrastructure in a generation; a $9.9M addition to the E. Jane Connell Gayle Davis Muskegon Museum of Art. Friends of Art Amy Heisser Our reasons for this expansion are to support the MMA's viability and Erick Johnson sustainability for the next 100 years. The need Is great. The MMA has one of Cindy Larsen Henry Matthews the most important permanent collections of artwork in the Midwest which we Sue Ellen McCreary leverage to present significant community programs and engagement. Our MMADocents Irene Pierson reputation and marketing efforts are national. Of the more than 5,000 pieces in Thomas & Elizabeth Tuttle the collection, we only have the capacity to exhibit less than 150 pieces of Steve & Rebecca Westphal artwork at any given time. Our goals are simple: CAMPAIGN CABINET Frank Bednarek• • Sustaining the MMA and serving the community for the next century. Sherry Becker Claudia Berry• • Transforming the MMA to a Destination Museum - not a stopover - by Nancy Crandall Anne Dake adding three galleries (one 5,000 square foot Grand Gallery for major Tom DeVoursney touring exhibitions and two new rotating exhibition galleries) as well as Robert Dubault two new classrooms/family activity area, and more collections storage. Bob Garretson Kirk Hallman Judith Hayner• This project will increase Muskegon's visibility as well as traffic and tourism to Charles Johnson 111• the Muskegon's downtown core and surrounding area and aligns well with the Catherine Mott DDA's development goals. We are recognized by the corporate community as John Prldnia• Gil Segovia• driver of economic development. We are requesting $100,000 of support Jonathan Wilson distributed over five years starting in 2022. •co-Chairs MUSKEGON MUSEUM OF ART We are in the quiet phase of our capital campaign. As of today, we have raised FOUNDATION BOARD OF TRUSTEES $6.SM - two thirds of goal. On March 16, we will make a major announcement Frank Bednarek, Chair Kimberly Van Kampen, Vice-Chair and roll out the public portion of the campaign. John Prldnia, Treasurer Claudia Berry, Secretary If you have questions or would like further information, please call me directly at Nancy Crandall Gayle Davis 231-720-2573 or email khallman@muskegonartmuseum.org. Tom DeVoursney Robert Dubault Sincerely, Charles Johnson Ill Mike Olthoff Eric Ringelberg GIi Segovia John Swanson l
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