Downtown Business Improvement District Agenda 02-22-2021

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muskegon
BUSINESS IMPROVEMENT      DISTRICT




        Downtown Muskegon Business Improvement District

                                              Meeting Agenda
                                                Feb. 22, 2021
                                                    8 a.m.


                                             Muskegon City Hall
                                         933 Terrace, Muskegon, MI
                                 Virtually on City of Muskegon Facebook Live
                                 https://www.facebook.com/CityofMuskegon/



   1)   Call to Order


   2)   Introduction of new members (Andy Maciejewski, Dan Castle and Jaime Charron)


   3)   Public Comment (on an agenda items)


   4)   Consent Agenda
        a) Approval of Agenda
        b) Approval of Minutes from the meeting Oct. 26, 2020
        c) Acceptance of financial statements as of Dec. 31, 2020



   5)   New Business


        a)       DPW landscape agreement for summer 2021
             )   Barry’s Flowers planter agreement for summer 2021
        c)       Request to authorize potential no-interest loan for the 2021 full launch of Downtown
                 Muskegon Social District from fund balance
        d)       Correction of assessment at 297 W. Clay Unit 104 (information)
        e)       Michigan Tax Tribunal BID assessment appeal for 813/820/821 Pine and 66 W.
                 Webster (information)
        f)       Potential one remaining BID board opening (discussion)


   6)   Other Business
        a)       Annual downtown meeting at new convention center in late March or mid-April
        b)       Next meeting Oct. 25 or if board desires May 24 or call of the chair.


   7)   Adjournment
To: BID board members

From: Dave Alexander, BID manager                          "ez
                                                          6)
Re: Agenda item comments for 2-22-21

Date: 2-18-21                                             OY
We have a Zoom meeting Monday Feb. 22 at 8 a.m. Please find the agenda and
backup information in this agenda packet. We have three new members since we
met in October, Andy, Dan and Jaime.

Financial statements: You will see that the BID continues to be financially healthy
with again a strong fund balance at the end of 2020, $77,442. We go into the
2021 calendar year with snow removal contracts in place for the city DPW for
downtown sidewalks, Summit for Western parking lots and alleys and Terascape
for Midtown parking lot. The expenditures for 2020 include the additional $1,047
in October for the Social District fire tables and LP gas tanks. Revenues are
expected to be a bit more than $110,000 for 2021 and | anticipate current budget
amounts for landscaping, snow removal and administration to provide an annual
balanced budget.

DPW landscaping agreement: Please find the agreement with the city
Department of Public Works for summer downtown landscaping. The scope of
work is the same as last summer, including the new landscaping on Third Street
for the Midtown streetscape project. The cost of $25,250 is a 5 percent increase
from last year. DPW Director Leo Evans has agreed to the work and the dollar
amount. The city is in discussion with Baker College of Muskegon for an improved
landscaping of its downtown parking lot, especially along Clay Avenue. The BID
might be asked to help maintain those improvements but the costs would likely
be minimal. | recommend approval of the agreement.

Barry’s planter agreement: | have put emails in your packet from Dawn Barry and
myself concerning flowers and maintenance of 72 planters in downtown. The
suggested cost of $15,000 for 2021 is an 11 percent increase from last year. The
cost increase is mainly due to labor, Dawn reports. | have had Bob Tarrant speak
with her. We both agree Barry’s does a phenomenal job for downtown, including
upkeep of Hackley Park paid for by the community foundation. Bob and |
recommend approval of the planter agreement with Barry’s.

Social District loan: Please see the memo | have provided you on this item and
the backup documents on the Social District. The fund balance of $77,442 at the
end of last year gives us plenty of financial cushion to help out the downtown
Social District, if needed. | would ask for authorization as outlined in my memo
and have Chairman Bob Tarrant sign any documents needed.

297 Clay Unit 104: In the Muskegon City Commission approving the three-year
BID special assessment through 2023, the assessment for the law office at 297
Clay Unit 104 was calculated on the entire square footage of the 297 Clay
condominium property and not just the office in question. The error was not
discovered until winter property tax bills were sent out. The attached “joint
stipulation” corrects the error and reduces the annual assessment from $2,265.12
to $100.90, reducing the BID annual revenues accordingly.

Tax Tribunal appeal: The new three-year assessments approved last fall resulted
in only one property owner with four parcels appealing the assessments based on
lack of benefit. The annual assessments for the four parcels total $3,099. City
Manager Frank Peterson asked that | attempt to settle the dispute without having
to go to the Michigan Tax Tribunal, which has a hearing on the appeal set for April
20.

BID board opening: Board member Phyllis Laudermill-Watson’s term has expired
and has yet to be reappointed by the Muskegon City Commission. That
reappointment might come next month but if not, the chairman of the
Community Relations Committee asked for other potential candidates, which
must be special assessment property owners or representing special assessment
property owners.
       Downtown Muskegon Business Improvement District
                                       Special Meeting Minutes

                                            Oct. 26, 2020

                                         Muskegon City Hall

                                        933 Terrace Muskegon, MI 49440

                                   Virtually on City of Muskegon Facebook Live




1)   Call to Order: 8:07 AM


     Attendance: Bob Tarrant, Kathy Denison, Bruce Lindstrom and Frank Peterson.

     Excused Absent(s): Phyllis Watson-Laudermill John Riegler and Mike Hennessy

     Guests: Dave Alexander, city Business Development Manager; Ryan Cummins, city clerk’s
     office; and Leo Evans, city Department of Public Works director.




     Consent agenda


        a) Approval of the agenda
        b) Approval of the Minutes of special meeting from July 27, 2020 meeting
        c)   Acceptance of the financial statements as of Sept. 30, 2020


     Motion to approve the consent agenda: Frank Peterson
     Support: Bruce Lindstrom
     All voted in favor


3) Public Comment (on an agenda item) — The board chose to leave the floor open for the
     whole meeting allowing attendees to participate as they like. No participants spoke.


4)   New Business


                              a)    Dave Alexander gave an overview of the Muskegon City
                                    Commission approval process of the renewal of the Downtown
                                    Business Improvement District for three years, 2021-2023. No
                                    vote was necessary.
                               b)    The Board was presented the 2021 budget and work plan, as
                                     already approved in BID the renewal process. Revenues from
                                     special assessments would be $113,681. Expenditures for
                                     snow removal, landscaping and administration balanced the
                                     budget with an additional $1,681 for contingency. An
                                     estimated fund balance of $50,000 at the end of 2020 was
                                     expected to be available at the end of 2021.
    Motion to approve: Bruce Lindstrom
   Support: Frank Peterson
   All voted in favor.


                         ¢)   Dave Alexander and DPW Director Leo Evans provided the
                              board with pretty much as status quo sidewalk snow removal
                              plan for the winter 2020-2021 with a 5 percent increase in price.
                              The city and downtown are happy with the past service
                              agreements. Due to the uncertainty of COVID-19 restrictions on
                              businesses and crowds gathering, the board went with an
                              option of having a weekday cost of $35,000 for the season with
                              all weekend coverage when needed on a time and material
                              basis. The consensus of staff and the board was to go with
                              totally on demand service for the weekends with needed.


    Motion to approve: Bruce Lindstrom
   Support: Kathy Denison
   All voted in favor.




                         d)   Dave Alexander provided a three-year contract for Summit
                              Snow Removal. The quote for the remainder of the current
                              special assessment was virtually the same costs for overall
                              parking lot and alley service but a slight increase for salting and
                              trucking of snow. Downtown has been very happy with the
                              Summit service, Alexander said.
   Motion to approve: Frank Peterson
   Support: Kathy Denison
   All voted in favor.
                         e)   Dave Alexander provided a one-year contract with Terrascape
                              Architects for snow removal of the Midtown parking lot at 1144
                              Third. This vendor has done good work for the Midtown District
                              and the BID in past years, Alexander said. The cost quoted was
                              at $4,400 for the year.



Motion to approve: Frank Peterson

Support: Kathy Denison

All voted in favor.



                         f)   Dave Alexander provided a one-year contract with Christmas
                              Creations by Bailey for the 2020 season. Status quo service for
                              wrapping and lighting 102 light poles for the same $9,645 as
                              last year.
    Motion to approve: Frank Peterson
   Support: Bruce Lindstrom
     All voted in favor.


                               g)   Dave Alexander gave a report from his agenda memo on
                                    downtown COVID relief efforts for businesses. No vote was
                                    taken.
                               h)   Dave Alexander informed the board of vacancies for 2021 and
                                    beyond and the need for applicants who were special
                                    assessment property owners or their representative. Kathy
                                    Denison suggested Brad Martell, owner at 1144 Third.
                                    Alexander said he would reach out to Brad to see if he was
                                    interested in service. Alexander asked board members to direct
                                    interested candidates to the city clerk website for a Talent Bank
                                    application to the city commission for appointment.




5)   Other Business


       a)   The BID board discussed a meeting calendar for 2021 and agreed to meet March 22
            and Oct. 25 at 8 a.m.at Muskegon City Hall and virtual on the city of Muskegon’s
            Facebook Live page, depending on COVID restrictions. Other meetings might be
            called when needed.
     Motion to approve: Bruce Lindstrom
     Support: Kathy Denison
     All voted in favor.



6)   Adjournment
     8:53 AM
     No Objection

Minutes produced and submitted by Dave Alexander, city of Muskegon business development
manager
02/18/2021 10:21 AM                                    GL ACTIVITY REPORT FOR CITY OF MUSKEGON                       Page:          a1
err ae                                                  FROM 297-70803-5201 TO 297-70803-5352
  4    Muskeg                                         TRANSACTIONS FROM 01/01/2020 TO 12/31/2020
Date             UNL     Type    Description                                Reference #             Debits     Credits         Balance

Fund   297   DOWNTOWN MUSKEGON BID
Expenditures
Department      70803   DOWNTOWN MUSKEGON      BID
01/01/2020                       297-70803-5201 OFFICE SUPPLIES                             BEG. BALANCE                           0.00
07/01/2020                       2020-21 Fiscal Year Begin                                                                         0.00
12/31/2020                       297-70803-5201                            END BALANCE                                             0.00
                                 Cumulative Net Debits and Credits:                                   0.00        0.00             0.00

01/01/2020                       297-70803-5207 POSTAGE                                     BEG. BALANCE                           0.00
07/01/2020                       2020-21 Fiscal Year Begin                                                                         0.00
12/31/2020                       297-10803-5207                            END BALANCE                                             0.00
                                 Cumulative Net Debits and Credits:                                   0.00        0.00             0.00


01/01/2020                       297-70803-5346 CONTRACTUAL SERVICES                        BEG. BALANCE                     37, 606.52
01/22/2020 AP            INV     DEC 2019 SEASONAL SHOVELING INSTALLM             38312             225.00                   37,831.52
01/22/2020 AP            INV     DEC 2019 SNOW PLOWING INSTALLMENT                38313          1,110.00                    38,941.52
01/22/2020 AP            INV     SALTING FOR SNOW REMOVAL (BID BUDGET             38596          1,120.00                    40,061.52
01/22/2020 AP            INV     JANUARY SHOVELLING INSTALLMENT (BID              38598             225.00                   40,286.52
01/22/2020 AP            INV     JANUARY SNOWPLOWING INSTALLMENT                  38599          1,110.00                    41,396.52
02/10/2020 AP            ‘INV    STACKPATH- DDA monthly website hosti        01/21/2020              45.00                   41, 441,52
02/11/2020 AP            INV     SALTING IN THE BID DISTRICT                      39026          2, 400.00                   43,841.52
02/11/2020 AP            INV     BID DISTRICT SNOWPLOWING FOR FEB 202             39046          1,110.00                    44,951.52
02/11/2020 AP            INV     BID SHOVELING FOR FEB 2020                       39045             225.00                   45,176.52
02/11/2020 AP            INV     SNOWPLOWING 1144 3RD ST (BID DISTRIC              2345          2,150.00                    47,326.52
02/29/2020 GJ            JE      TO RECORD BID PYMT TO CITY FOR SNOW               5794         48,500.00                    95,826.52
03/09/2020 AP            INV     WORIE.CO - monthly website hosting f        02/21/2020              45.00                   95,871.52
03/11/2020  P            INV     PLANTERS IN BID DISTRICT             030120 BID FLOWER          3,000.00                    98,871.52
03/11/2020       AP      INV     PRINT AD IN VISIT MUSKEGON 2020 VISI           20MVG186           1,700.00                  100,571.52
03/11/2020       AP      INV     DOMAIN NAME ANNUAL RENEWAL FOR DOWNT              10810              70.00                  100, 641.52
03/18/2020       AP      INV     HOLIDAYS IN THE CITY PERFORMANCE DEC       HOLIDAYS2019             200.00                  100, 841.52
03/23/2020       AP      INV     WOWIE.CO - Fix calendar for Downtown         03/14/2020             190.80                  101, 032.32
04/06/2020       AP      INV     WOWIE,CO - monthly website hosting f         03/21/2020              45.00                  101,077.32
05/04/2020       AP      INV     WOWIE.CO - DOWNTOWN MKG WEBSITE HOST         04/21/2020              45,00                  101,122.32
05/05/2020       AP      INV     DOWNTOWN MUSKEGON BID FLOWERS                  04222020           8,485.00                  109, 607.32
05/18/2020       AP      INV     WOWIE.CO - DOWNTOWN MSKG WEBSITE HOS         05/06/2020              35.00                  109, 642.32
05/21/2020       AP      INV     DOWNTOWN MUSKEGON PLANTERS BID                 05152020           2,000.00                  111, 642.32
06/01/2020       AP      INV     WOWIE.CO - DOWNTOWN MUSKEGON WEBSITE         05/21/2020              45.00                  111, 687.32
06/29/2020       AP      INV     THE HOME DEPOT #2754 - BID                   06/08/2020              63.50                  111, 750.82
06/29/2020       AP      INV     WOWIE.CO - DOHNTOWN MUSKEGON WEBSITE         06/21/2020              45.00                  111,795.82
07/01/2020                       2020-21 Fiscal Year Begin                                                                           0.00
07/13/2020       AP   INV        THE HOME DEPOT #2754 ~ DDA BID               07/02/2020              42.34                         42.34
07/23/2020       AP   INV        SPONSORSHIP FOR WATCH MUSKEGON PLAY                 815          1,000.00                      1,042.34
07/27/2020       AP   INV        SPI, Lakeshore Ethnic Dive - DAVE ALE        07/20/2020              65.00                     1,107.34
08/10/2020       AP © INV        WOWIE.CO- monthly website hosting fo         07/21/2020              45.00                     1,152.34
08/31/2020       GJ   JE         SUMMER 2020 BID SERVICES                           6342         24,050.00                    25,202.34
09/08/2020       AP   INV        WOWIE.CO                                     08/21/2020              45.00                   25,247.34
09/21/2020       AP   INV        GRAPHICS HOUSE- BID promotional item         09/09/2020            112.50                     25,359.84
09/22/2020       AP   INV        BID SPECIAL ASSMT REPORT 2020                   2020/04            400.00                     25,759.84
09/22/2020       AP   INV        2ND/PINAL CONTRIB TO “WATCH MUSKEGON        815 2ND PMT          1,000.00                     26,759.84
10/05/2020       AP   INV        LOWES ~ Fire extinguishers & propane         09/26/2020             139.88                    26,899.72
10/05/2020       AP   INV        LOWES - 2 firepit tables (BID budget         09/25/2020             858.00                    27,757.72
10/05/2020       AP   INV        WOWIE.CO - Downtown Mkg monthly webs         09/21/2020              45.00                    27, 802,72
10/06/2020       AP   INV         PETTY CASH                                   PCC100620             203.88                    28, 006.60
10/19/2020       AP   INV        THE ROME DEPOT #2754 -fuel/tank pure         10/06/2020              50.97                    28,057.57
10/19/2020       AP   INV         FACEBK- ad boost (BID promotion)            10/09/2020              20.00                    28,077.57
11/02/2020       AP       INV    HOLIDAYS IN THE CITY EVENT - WREATH               1-2888            200.00                    28,277.57
11/02/2020       AP       INV    WOWIE.CO - monthly website hosting f          10/21/2020             45.00                    28,322.57
11/18/2020       AP       INV    WEB AD (BID)                                      104425         4,365.00                     32, 687.57
11/30/2020       AP       INV    WOWIE.CO - monthly website hosting £          11/21/2020             45.00                    32,732.57
11/30/2020       AP       INV    CUMULUS MUSKEGON - radio spots for H          11/20/2020            500.00                    33, 232.57
12/09/2020       AP       INV    TREE-LIGHTING RECORDING/PRODUCTION/D          MKGTRNOV20            500.00                    33, 782<57
12/09/2020       AP       INV    DOWNTOWN CHRISTMAS DECORATIONS                      0014         9,675.00                     43,407.57
 12/09/2020      AP       INV    TRAM ON SMALL BUSINESS SATURDAY (DOW         TRAM 112820            350.00                    43,757.57
 12/15/2020      AP       INV    NOV 2020 SHOVELING (BID DISTRICT)                  40694            225.00                    43,982.57
 12/15/2020      AP       INV    NOV 2020 SNOW PLOWING (BID DISTRICT)               40693         1,110.00                     45,092.57
 12/15/2020      AP       INV    DEC 2020 SHOVELING (BID DISTRICT)                  40877            225.00                    45,317.57
 12/15/2020      AP       INV    DEC 2020 SNOWPLOWING (BID DISTRICT)                40878         1,110.00                     46,427.57
 12/15/2020      AP       INV    SNOWPLOWING 1144 3RD ST LOT 1 OF 2 (                2445         2, 200.00                    48,627.57
 12/21/2020      AP       INV    HOLIDAYS IN THE CITY MEDIA ADS (BID           4216652882            700.00                    49,327.57
 12/28/2020      AP       INV.   MIBIZ / ENGINE - downtown Mkg monthl          12/10/2020              10.00                   49,337.57
 12/28/2020      AP       INV    WOWIE.CO ~ BID FEES                           12/21/2020              45.00                   49,382.57
 12/28/2020      AP       INV    MORATS BAXERY ~ Holidays in the City          12/12/2020            320.00                    49,702.57
 12/31/2020                      297-70803-5346                              END BALANCE                                       49,702.57
                                  Cumulative Net Debits and Credits:                             123,891.87        0.00      123,891.87

 01/01/2020                       297-70803-5352 PUBLIC RELATIONS                            BEG. BALANCE                         833.00
 07/01/2020                       2020-21 Fiscal Year Begin                                                                         0.00
 12/31/2020                       297-70803-5352                             END BALANCE                                            0.00
                                  Cumulative Net Debits and Credits:                                    0.00       0.00             0.00

 TOTAL FOR DEPARTMENT 70803 DOWNTOWN MUSKEGON BID                                                123,091.87        U.UU

 TOTAL Expenditures                                                                              123,891.87                    49,702.57
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02/18/2021 10:24 AM                               TRIAL BALANCE REPORT FOR CITY OF MUSKEGON                      Page:          1/1
User:    GRANT
DB:    Muskegon                                            PERIOD ENDING 12/31/2020


                                                                                   BALANCE             2020-21           END BALANCE
GL NUMBER                        DESCRIPTION                                    12/31/2019      AMENDED BUDGET            12/31/2020

Fund    297   -   DOWNTOWN    MUSKEGON   BID
Assets
Dept    00000
297-00000-1101                   CASH IN BANK                                  100,132.97                                 77,442.76


Total Dept 00000                                                               100,132.97                                 77,442.76



TOTAL ASSETS                                                                   100,132.97                                 77,442.76


Fund    Equity
Dept    00000
297-00000-3400                   FUND BALANCE UNRESERVED                       137,793.57                                176,812.99


Total Dept 00000                                                               137,793.57                                176,812.99



TOTAL FUND EQUITY                                                              1374 793-57                               176,812.99

Revenues
Dept    00000
297-00000-4161                   SPECIAL ASSESSMENTS                                  464.40             0.00                  0.00
297-00000-4970                   INTEREST INCOME                                      314.52             0.00                332.34


Total Dept 00000                                                                      778.92             0.00                332.34



TOTAL REVENUES                                                                        7178.92            0.00                332.34

Expenditures
Dept    70803     -   DOWNTOWN   MUSKEGON   BID
297-70803-5346                   CONTRACTUAL SERVICES                           37,606.52                0,00             49,702.57
297-70803-5352                   PUBLIC RELATIONS                                     833.00             0.00                  0.00
297-70803-5903                   OPER. TRANS TO DEBT SERVICE                            0.00             0.00             50,000.00


Total Dept 70803 - DOWNTOWN MUSKEGON BID                                        38,439.52                0.00             99,702.57



TOTAL EXPENDITURES                                                              38,439.52                0.00             99,702.57



Total    Fund     297   -   DOWNTOWN MUSKEGON     BID
TOTAL ASSETS                                                                   100,132.97                                 77,442.76
BEG. FUND BALANCE                                                              137,,793557                               176,812.99
+ NET OF REVENUES & EXPENDITURES                                                (37,660.60)                              (99,370.23)
= ENDING FUND BALANCE                                                          100,132.97                                 77,442.76
+ LIABILITIES                                                                           0.00                                   0.00
    TOTAL LIABILITIES AND FUND BALANCE                                         100,132.97                                 77,442.76
u
                                         Letter of Understanding


        City of Muskegon DPW and Muskegon Downtown Business Improvement District

This is a Letter of Understanding between the Muskegon downtown Business Improvement District (BID)
and city of Muskegon Department of Public Works (city) concerning landscaping in downtown
Muskegon for the spring, summer and fall of 2020. City and BID officials will work together to provide
superior service for the best presentation of downtown possible.


The BID board voted in 2018 to accept the offer of the city of Muskegon to provide landscape services
through the summer of 2020. This agreement continues those services through 2021. That offer excludes
preparation and maintenance of the flower planters throughout the BID district. The planter work will be
done for the BID by Barry’s Flower Shop of Muskegon for summer 2021.


The city will perform the work below in the areas shown on the accompanying map on a time and
material basis not to exceed $25,250. Note that that the agreement and price for 2021, like 2020,
includes maintenance of new landscape areas in Midtown along Third Street from Muskegon to Merrill
avenues.



Scope of Work


Lawn Fertilization/Weed Control
    -   4 fertilization applications on medians and terraces between Third Street and Terrace Street
        along Western Avenue
             o    Spring (completed by June 1)
             o    Early Summer (completed by July 30)
             o    Late Summer (completed by September 30)
             co   Fall/Winterized (completed by Nov. 30)
    -   Atthe same time, apply liquid weed control to the service area including:
             o    Cracks
             o    Curb lines
             o    Landscaping beds
             oc   Along buildings
             oc   Parking lots behind Russell Block & the Hines Building (parking area entered from Morris
                  Avenue between Second and Third Streets).
             o    Alcoa Celebration Square rock beds at First Street and West Western Avenue


Spring Clean Up
    -    Removal of lawn and landscaping area debris
    -    Cut all ornamental grasses and annual plants to spring start height
    -    Remove all day Lilly dead loss and cleanout beds
    -    Removal all trash from landscaped beds, curbs, & open fields
    -    Haul all yard waste from site
    -    Clean-up of curb lines and dress property for appearance
    -    Clean-up landscaping rocks (moving back into islands) in the parking lots behind the Hines
         Building & Russell Block


Hardwood Mulch Installation & Bed Prep
    -    Pull weeds, and remove all debris from bark beds
    -    Install sod cut edge and prep all corners of landscaping beds
    -    Haul and spread shredded hardwood bark 2” deep in beds on Western Avenue between Terrace
         and Third Streets, including around the Third/Western traffic circle.


Trimming and Pruning
         -   Trim & prune shrubs, bushes & trees to promote healthy growth and uniformity
         -   Remove and dispose of trimming debris


     Fall cleanup
         -   Leaf removal from plantings between Terrace Street and Third Street along West Western
             Avenue and in the Olthoff Stage area of Third Street between West Western and Clay avenues.




     Special Instructions


     Downtown Muskegon hosts several festivals thought out the summer, set up for these festivals begins on
     the following dates and efforts should be made to ensure regular maintenance doesn't interfere with event
     setup/activities. COVID-19 public health restrictions might force the cancellation of events for the summer
     of 2021. The city will turn off irrigation the day before the noted set-up start dates.




        Event                  Set-up Starts                Event times                    Breakdown
 Parties in the Park          Fridays 3-5 pm          Summer Fridays 5-9 pm                Same night
 Taste of Muskegon          Thursday, June 17          June 18-19 11am-9pm              Sunday, June 20
Lakeshore Art Festival        Friday, June 25         June 26-27 10 am-6 pm            Monday, June 28
Muskegon Rebel Road         Wednesday, July 14        July 15-18 10 am-11 pm             Monday, July 19



     Dave Alexander, Downtown Development Authority and BID manager, will be the city’s contact

     concerning BID landscaping in downtown Muskegon. DPW Director Leo Evans or his designee will be the

     contact person for the city.




     On behalf of the city Department of Public Works:




                                                                      Date:


     Frank Peterson, Muskegon city manager




     On behalf of the downtown Muskegon Business Improvement District:




                                                                      Date:


     Bob Tarrant, BID board chair
aie
Dave Alexander


From:                         dawn barry <barrysonline@yahoo.com>
Sent:                         Friday, December 18, 2020 5:33 PM
To:                           Dave Alexander
Subject:                      Re: BID downtown planters



Hi Dave,


Ok the proposed total amount for 2021 would be $15,000.00                  With this pay schedule:


$2000. Due January 5
$2000. Due February 5
$3000. Due March 5
$3000. Due April 5
$3000. Due May 5
$2000. Due June 5


Let me know what you think.          Happy Holidays!


Thank you,


Dawn Barry


Barry's Flower Shop & Greenhouses


3000 Whitehall Rd. Muskegon, MI 49445


231-766-3031


fax: 231-766-3902


 www.barrysgreenhouse.com




On Thursday, December 10, 2020, 05:29:26 PM EST, Dave Alexander <dalexander@downtownmuskegon.org> wrote:




Dawn:




We were extremely pleased with what you folks did downtown this summer. | see a continuation of service for
the summer of 2021 with the same number of planters.

                                                      1
Dave Alexander


From:                           dawn barry <barrysonline@yahoo.com>
Sent:                           Tuesday, December 29, 2020 8:16 AM
To:                             Dave Alexander
Subject:                        Re: BID downtown planters




Hi Dave,


This increase is mostly due to labor. Our costs of materials increases every year, but the biggest factor is
labor. We are downtown 7 days a week maintaining the planters which is a big labor cost.


Thank you,
Dawn Barry
Barrys Greenhouses Inc




Sent from Yahoo Mail for iPad

On Monday, December 21, 2020, 11:40 AM, Dave Alexander <dalexander@downtownmuskegon.org> wrote:


           Dawn:




           Last year | believe BID paid $13,485 for 72 planters. Were there any new
           planters added over the course of the summer?




           At $15,000 for the same number of planters, that is a 11 percent increase. |
           would need to justify that increase with the BID board.




           As for payment, the BID board meets again March 22. | will have to see
           how to handle payments before | get final approval. We might have to
           move our meeting into February. With February approval, | would pay you
           $4,000 up front.




           Your thoughts.
To: BID board members

From: Dave Alexander, BID manager                             gi
Date: 2-18-21                                               ve 64
Re: No-interest loan advance to the Downtown Muskegon Social District




Below is my latest update to the downtown establishments on the full launch of the Downtown
Muskegon Social District this spring. Please see in your packet an explanation flyer and map of
the district and its 22 establishments.

       The social district began the third week of September within a limited four blocks of
       Western Avenue. It has been operating every day since, 11 a.m.-11 p.m. With Muskegon
       City Commission action, the social district began with about a half dozen
       establishments. It now is moving toward 10 of the potential 22 licensed establishments
       having Michigan Liquor Control Commission Social District Permits.

        It is now time to engage the entire 12 blocks ofthe district from Eighth Street on the
       west to Pine and Clay on the east. | brought together an advisory group with Michael
        Brower of Pigeon Hill and Dan McKisson of the Delta. Also helping has been Tom Schultz
       ofTyler Sales and the staff of the Muskegon Lakeshore Chamber of Commerce. Each
        brings experience and insight into making the social district the best possible for
       downtown establishments and the community.




        Here is a brief outline of the proposal | would like to discuss at a Social District
        establishment meeting March 3 at 9 a.m. in the Delta ballroom:




           e    The launch of the entire district would be during the week of April 12. Upgraded
                graphics on signs would mark the entire district's common area.
           e    The stickers would be discontinued and the city would begin selling
                biodegradable cups for 35 cents apiece for the next year. Each establishment will
                need to brand the single-use cup with its own sticker/logo.
           e    The best estimates are that should cover first-year costs of set up and operations
                estimated at $25,000. The cost is about a wash as to what initial establishments
                are paying for their own cups and current 25-cent city stickers.
            e   The cost of the cups at 35 cents are estimated to generate about $36,000 a year.
                The estimate is that 700,000 drinks of all kinds are sold in the district in a typical
                year. Conservatively, it also is estimated that of those drinks 15 percent would
                be in a social district cup.
           e   Atsuch projections, the basic costs would be covered and potentially a bit more.
               Any additional revenues can lower year two cup costs or with consensus
               of participating establishments could spend remaining dollars in the social
               district. Social districts upgrades could be public entertainment on the
               downtown stages, marketing or streetscape improvements such as winter fire
               features. The city is simply wanting to cover its costs.


       With your feedback, | will take the full launch proposal to the Muskegon City
       Commission work session Monday March 8 and then ask authorization on Tuesday
       March 9 to have the city front the social district $25,000.




My request of the BID board is to give the city and downtown the option of using BID fund
balance to cover the upfront costs of the Social District launch up to $25,000. The BID would
be paid back in full interest free over time by the sale of the Social District cups. It would be
anticipated that any BID funds used for the full launch would be paid back in 2021. If sales do
not cover those costs this year, social district cup sales in 2022 would be used to make the BID
whole. The city Finance Department might find another method of financing the upfront costs
of the Social District and BID funds might not be needed. | am asking for authorization to
provide the Finance Director that option.
WELCOME TO THE

Downtown Muskegon
Social District                                                          sda
     The Downtown Muskegon Social District provides common areas in the
           downtown in which alcoholic beverages from participating
            establishments can be carried and consumed. Downtown
      establishments in conjunction with the City of Muskegon have created
            this district to provide a year-round, festival atmosphere in
                                 Downtown Muskegon.



          The Downtown Muskegon Social District
          operates year round, seven days a week
                    from 11 AM - 11 PM



                       ALCOHOL RULES
     Those 21 years and older can purchase an alcoholic beverage in a
     designated cup from a participating establishment and carry and consume
     in the district's common areas.


     DMSD alcoholic beverages may not be taken outside of common area
     boundaries marked by sidewalk signs.


     Alcoholic beverages purchased at one establishment cannot be taken into
     any other establishment.

     DMSD cups are not reusable.

     Outside alcoholic beverages may not be brought into the common areas.

     Drink responsibly and have fun.




 MUSKEGON DDA                          muskegon
DOWNTOWN DEVELOPMENT AUTHORITY         BUSINESS IMPROVEMENT   DISTRICT


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                       .                 STATE OF MICHIGAN
                  DEPARTMENT OF LICENSING & REGULATORY AFFAIRS
                           MICHIGAN ADMINISTRATIVE HEARING SYSTEM
                                      MICHIGAN TAX TRIBUNAL


JANSKI LLC,


         Petitioner,


v                                                               MTT DocketNo.
                                                                PPN: 61-24-138-000-0104-00
CITY OF MUSKEGON,


         Respondent.




Janet Thomas                                             John C. Schrier (P36702)
REDDY, THOMAS & ASSOCIATES                               PARMENTER LAW
Attorneys for Petitioner                                 Attorneys for Respondent
1065 Peck Street                                         601 Terrace Street, Suite 200
Muskegon, MI 49440                                       Muskegon, MI 49440
(231) 726-4823                                           (231) 722-5401



                            JOINT STIPULATION IN LIEU OF PETITION
                            [Consent Judgement will be prepared by the Tribunal]


    1.   Property Parcel No.: 61-24-138-000-0104-00


    2.   The property identified above is real property.


    3.   The property identified above is classified as residential real property.


    4.   The subject property is located in the City of Muskegon, Muskegon County, at 297 W.
         Clay Avenue, Unit 104, Muskegon, Michigan, with the parcel number 61-24-138-000-
         0104-00.


    5.   Atissue is the Downtown Bid 2020 Special Assessment levied by the City of Muskegon.


    6.   The Downtown Bid Special Assessment is a three-year Special Assessment levied
         commencing with the 2020 Winter Tax Bill.


    7.   The original Downtown Bid Special Assessment on the 2020 Winter Tax Bill was
         $2,265.12 per year for three years.
     8.    The amount-of the Downtown Bid Special Assessment commencing with the 2020
           Winter Tax Bill are stipulated by the parties as $100.90 per year for three years.


                  IT IS SO STIPULATED AND AGREED.


DATED: January |               , 2021                            DATED: January [ 72, 2021
REDDY, THOMAS & ASSOCIATES                                       PARMENTER LAW
Attorneys     for Petitioner                                     Attorneys for oe

By                 14 XVea te                                     By: wee
          Jafiet Thomas                                             / John C. Schrier
          1065 Peck Street                                             601 Terrace Street, Suite 200
          Muskegon, MI 49440                                           Muskegon, MI 49440
          (231) 726-4823                                               (231) 722-5401
                                                               STATE OF MICHIGAN
GRETCHEN WHITMER                 DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS                                                     ORLENE HAWKS
   GOVERNOR                                                           LANSING                                                           DIRECTOR




                                      PROPERTY TAX APPEAL PETITION FORM
                                            SPECIAL ASSESSMENT



      Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. a copy of the
      resolution confirming the special assessment roll) with this Small Claims Petition, if applicable. If you do not submit this document, you
      may be held In default.




     Section 1: Petitioner’s Contact Information
     First Name                                                     MA.         Last Name/Company Name

    Dennis                                                                      Northwestern Mill Real Estate, LLC
     Mailing Address (No., Street, P.O. Box or Rural Route)

    820 Pine St
    Gity or Town                                                    State       ZIP Code

    Muskegon                                                       MI          49442
    Telephone Number                                                        Fax Number

    231-727-8600
    E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)

    mboelkins@frontier.com



   Section 2: Petitioner’s Atiotney/Authorized Representative’s Contact Information
    First Name                                                                  Last Name



    Firm Name (if any)



    Address (No., Street, P.O. Box or Rural Route)



    City or Town                                                    State       ZIP Code



    Telephone Number                                                        Fax Number



    E-mail Address (co not enter unless you want MTT to send all correspondence via e-mail)
                                                                 STATE OF MICHIGAN
GRETCHEN WHITMER                  DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS                                                   ORLENE HAWKS
   GOVERNOR                                                             LANSING                                                       DIRECTOR


     Section 3: Subject Property Information
     How many            if you are appealing more than one parcel, are they contiguous or adjoining?
     parcels are you | [4 yes*       [] No        [] NIA
     appealing?
                         Hf yes, use the attached multiple parcel form for information regarding any contiguous parcels.
                         *4F no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted.


     Properly Addresa (No., Street, City, ST, ZIP) [if multiple, fist first property's address]

    820 Pine St, Muskegon, Mi 49442, 66 W. Webster Ave., Muskegon, Mi 49442, 824 Pine St., Muskegon, MI 49442, 813 Pine St, Muskegon, MI 49442
     Parcel identification Number(s):


    61-24-205-177-0007-00, 61-24-205-176-0012-00, 61-24-205-176-0013-00, 61-24-205-176-0015-00
     Taxing Authority (City or Township)                                         Gounty

    Muskegon                                                                              Muskegon

     Section 4: Explain the Reason for this Appeal
    We have opposed the Business Improvement District (BID) assessment since its' inception. The
    purpose of this tax is to promote retail business and draw people to the downtown again. This tax is
    not a benefit to our business as we are not a retail store. 95% of our business is conducted with other
    businesses so we do not have typical retail shoppers, which is what this assessment was intended to
    benefit. Our business has been in the same downtown location since 1945. The city has decided to
    try to revive the downtown area and has included our block of Pine Street in their district, which is on
    the outer boundary of this district.
    The last assessment was put in place in 2017 for a 3 year period (2018-2020). At that time, we were
    assessed as a class “A” property at a rate of $.08sq.ft. That assessment was appealed and agreed
    by the tax tribunal that we are not a retail entity and should be classified as a "B" property. This
    reduced our tax rate to $.04sq.ft. Even though we do not feel we should be assessed this tax at all,
    this rate was eventually agreed to by all parties.



     Section 5: Jurisdictional Issues
     Did you protest the spectal assessment at the hearing held to confirm the special assessment roll?        Yes im] No

     If Yes, what was the date of the hearing held to confirm the special assessment roll?

     Oct. 13, 2020
     Hf No, explain:




     Fee Information:
     A fee of $100.00 is required for the filling of a Special Assessment Appeal.




      Signature ‘requires

      ist (/ Ppt “alhn
      Petitioned br Attorney/Authorized,Representative’s Signature:



              U
                                                STATE OF MICHIGAN
GRETCHEN WHITMER                DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS                                                   ORLENE HAWKS
   GOVERNOR                                                                                                                          DIRECTOR
                                                                     LANSING




                                       PROPERTY TAX APPEAL ANSWER FORM
                                                     SPECIAL ASSESSMENT


                                       MOAHR DOCKET NO.                           20-004854




      Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. the special
      assessment confirmation roll) with this Small Claims Answer if applicable. If you do not submit this document, you may be held in
      default.




     Section 1: Respondent’s Contact Information
     Unit of Government:

      CITY OF MUSKEGON


   Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information
     First Name                                                    MI.         Last Name

     DAVID                                                         R.           BECKER
    Firm Name (if any)



    Address (No., Street, P.O. Box or Rural Route)

     173 E, APPLE AVENUE, SUITE 201
    City or Town                                                   State       ZIP Code

    MUSKEGON                                                        MI         49442
    Telephone Number                                                       Fax Number

    231.724.6153                                                           231.724.1129
    E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)

    BECKERDA@CO.MUSKEGON.MI.US


    Section 3: Subject Property Information
    Parcel Identification Number(s):

    24-205-177-0007-00             24-205-176-0012-00              24-205- 176-0013-00            24-205-176-0015-00
    If multiple parcels are being appealed are they contiguous or adjoining?
        Yes       [1 no    [Na

    Taxing Authority (City or Township)                                        County

     CITY OF MUSKEGON - BUSINESS IMPROVEMENT DISTRICT                                   MUSKEGON
                                                              STATE OF MICHIGAN
GRETCHEN WHITMER                DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS                                                   ORLENE HAWKS
   GOVERNOR                                                          LANSING                                                         DIRECTOR


     Section 4: Explain Your Answer to this Appeal
    THE DOWNTOWN MUSKEGON BUSINESS IMPROVEMENT DISTRICT WAS
    CREATED TO PROMOTE ECONOMIC DEVELOPMENT IN DOWNTOWN MUSKEGON
    AND TO ENHANCE SERVICES TO EXISTING BUSINESSES LOCATED IN
    DOWNTOWN MUSKEGON THROUGH MARKETING ACTIVITIES, COMMON AREA
    MAINTENANCE AND BEAUTIFICATION. THE BUSINESS IMPROVEMENT DISTRICT
    (BID) IS REPRESENTED BY A SEVEN MEMBER BOARD OF DIRECTORS
    CONSISTING OF SIX LOCAL BUSINESS OWNERS AND ONE REPRESENTATIVE
    FROM THE CITY OF MUSKEGON STAFF. PUBLIC HEARINGS WERE HELD AND THIS
    BOARD VOTED OVERWHELMINGLY TO APPROVE THE BID PLAN AS IT WAS
    ADOPTED FOR THE 2021, 2022 AND 2023 ASSESSMENT YEARS.


     Section 5: Jurisdictional Issues
     Did Petitioner protest the special assessment at the hearing held to confirm the special assessment roll? [7] Yes oO No

     What was the date of the hearing held to confirm the special assessment roll?

     JULY 27, 2020
     How many years is the special assessment being levied?                 What is the total amount of the special assessment being levied
                                                                            (per parcel)?

      3 YEARS                                                              418.17           1,044.24       6,377.19         1,362.24
     What is the basis for the special assessment? Identify the applicable statutory provision.

    THE DOWNTOWN MUSKEGON BID WAS CREATING CONSISTENT WITH STATE OF MICHIGAN
    ENABLING LEGISLATION ACT NO. 120 OF THE PUBLIC ACTS OF 1961.


     Signature ‘Required
     Respondent or Attorney/Authorized Representative’s Signature:
                                                                         David R. Becker
      Ist

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