City Commission Packet 06-09-2020

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      CITY OF MUSKEGON
        CITY COMMISSION MEETING
                  JUNE 9, 2020 @ 5:30 P.M.
     MUSKEGON CITY COMMISSION CHAMBERS
    933 TERRACE STREET, MUSKEGON, MI 49440
                REMOTE MEETING


                                            AGENDA

□      CALL TO ORDER:
□      ROLL CALL:
□      HONORS AND AWARDS:
□      CONSENT AGENDA:
    A. Approval of Minutes               City Clerk
    B. Establish a Grants Program Coordinator Position                      Community and
       Neighborhood Services
    C. Seaway Railroad Bridge Painting                     Public Works
    D. Lease Agreement                   Public Works
    E. Contract Agreement                Public Works
    F. Conflict of Interest Disclosure            Community and Neighborhood Services
□      PUBLIC HEARINGS:
    A. Public Hearing on Harbor West LLC Brownfield Plan, 1000-1060 West
       Western Avenue Economic Development
    B. Transmittal of 2020-21 Proposed Budget                       City Manager
□      UNFINISHED BUSINESS:
□      NEW BUSINESS:
□      ANY OTHER BUSINESS:
□      PUBLIC COMMENT:
►      Reminder: Individuals who would like to address the City Commission shall do the following:
►      Fill out a request to speak form attached to the agenda or located in the back of the room.
►      Submit the form to the City Clerk.
►      Be recognized by the Chair.


                                                      Page 1 of 2
►      Step forward to the microphone.
►      State name and address.
►      Limit of 3 minutes to address the Commission.
►      (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

□      CLOSED SESSION:
□      ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.




                                                       Page 2 of 2
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: June 9, 2020             Title: Approval of Minutes

Submitted By: Ann Marie Meisch, MMC               Department: City Clerk

Brief Summary: To approve the minutes of the May 26, 2020 Regular City Commission meeting.




Detailed Summary: N/A




Amount Requested: N/A                            Amount Budgeted: N/A

Fund(s) or Account(s): N/A                       Fund(s) or Account(s): N/A

Recommended Motion: To approve the minutes.




For City Clerk Use Only:


Commission Action:
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
              MAY 26, 2020 @ 5:30 P.M.
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440
              REMOTE MEETING


                                  MINUTES

The Regular Commission Meeting of the City of Muskegon was held
electronically with the Mayor, Vice Mayor and Commissioners participating via
Zoom – a remote conferencing service, Clerk staff present at 933 Terrace Street,
Muskegon, MI at 5:30 p.m., Tuesday, May 26, 2020.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present:     Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Dan Rinsema-Sybenga, Willie German, Jr., Teresa Emory, and
Michael Ramsey, City Manager Frank Peterson, City Attorney John Schrier, and
City Clerk Ann Meisch.
2020-30     CONSENT AGENDA:
   A. Approval of Minutes       City Clerk
SUMMARY OF REQUEST: To approve the minutes of the May 11, 2020
Worksession and May 12, 2020 Regular City Commission meeting.
STAFF RECOMMENDATION:           To approve the minutes.
   B. Polling Place Change      City Clerk
SUMMARY OF REQUEST: Staff is requesting City Commission approval to move
the polling location for Precinct 10 from the Lakeshore Fitness Center, 900 W.
Western, to the Muskegon Farmer’s Market, 242 W. Western.
The Lakeshore Fitness Center has closed and the building is no longer available
to be used as a polling place. All affected voters will be sent a letter to notify
them of the change as well as a new Voter ID Card. Signs will be placed at the
Lakeshore Fitness Center to redirect voters to the new polling place for the next
several elections.
STAFF RECOMMENDATION:           To approve the resolution to change the polling
location for Precinct 10 from the Lakeshore Fitness Center to Muskegon Farmer’s

                                         Page 1 of 6
Market.
   C. 2020-2021 MML Membership Dues          City Clerk
SUMMARY OF REQUEST: Approval to pay the 2020-2021 MML dues in the
amount of $10,399.00. This is an increase of $193.
FINANCIAL IMPACT:        MML Dues: $9,454.00
                         Legal Defense Fund: $945.00
                         Total: $10,399.00
STAFF RECOMMENDATION:       To approve the payment of dues to the Michigan
Municipal League in the amount of $10,399.00.
   F. Ordinance Amendment – Marina and Launch Ramp Parking Public
      Safety
SUMMARY OF REQUEST: Request for commission to consider Ordinance
amendments in regards to marina and launch ramp parking restrictions – 92.74
(1, 2, & 3).
Five (5) violations will be updates with appropriate verbiage to reflect the
current violations (2) and fines that will help ensure permit and parking
compliance at our ramps.
STAFF RECOMMENDATION:           Approve the proposed changes to Ordinance
92-74 (1, 2, & 3).
   G. Setting Harbor West LLC Brownfield Public Hearing         Economic
      Development
SUMMARY OF REQUEST: The Brownfield Redevelopment Authority on May 12
recommended approval of Brownfield Plan Amendment for Harbor West LLC
(Hartshorn Village) at 1000 West Western Avenue and not the City Commission
needs to schedule a public hearing on that plan for June 9, 2020.
Harbor West LLC has submitted a brownfield plan for the first phase of a
residential development along Lakeshore Trail and adjacent to Hartshorn
Marina. The City Commission needs to set a public hearing on the plan for June
9, 2020. The resolution of approval by the Brownfield Redevelopment Authority
and a resolution setting the June 9 public hearing are attached.
STAFF RECOMMENDATION:          To approve the resolution setting a public
hearing for June 9, 2020 on the Harbor West Brownfield Plan Amendment and
notify the appropriate taxing units.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to approve the
consent agenda as presented, except item D and E.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
           Rinsema-Sybenga

                                         Page 2 of 6
            Nays: None
MOTION PASSES
2020-31     CONSENT AGENDA:
   D. LGBTQIA Pride Month Resolution        City Clerk
SUMMARY OF REQUEST: To adopt a resolution declaring June as LGBTQIA Pride
Month in the City of Muskegon.
STAFF RECOMMENDATION:          To adopt the resolution.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to adopt the resolution.
ROLL VOTE: Ayes: Johnson, Gawron, Ramsey, Rinsema-Sybenga, and Emory
            Nays: Hood and German
MOTION PASSES
   E. Parking Enforcement Ordinance – 2nd Reading         Public Safety
SUMMARY OF REQUEST: Amending current parking ordinances 92-71 and 73;
Chapter 92, Article V of the Code of Ordinances of the City of Muskegon to
include parking restrictions and enforcements for public beach parking.
In addition, abandoned vehicle language (L05) was added to restrict vehicles
parked longer than 48 hours on city streets.
STAFF RECOMMENDATION:          Approval to amend Parking Ordinance 92-71
and 92-73.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to approve the Parking Ordinance Amendment for 92-71 and 92-73.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, Rinsema-Sybenga, Emory, and
           Johnson
            Nays: German
MOTION PASSES
2020-32           NEW BUSINESS:
   A. Lease – 292 W. Western City Manager
REMOVED PER STAFF REQUEST
   B. Expanded Use of Public Property During COVID-19 Emergency            City
      Clerk
SUMMARY OF REQUEST: Due to the COVID-19 pandemic and limited
occupancy business are facing, staff is requesting approval to administratively
review and approve requests for City businesses to expand seating and retail
areas onto portions of public property.

                                        Page 3 of 6
The COVID-19 pandemic has affected businesses across the City in
unprecedented ways. It is anticipated that businesses will be allowed to re-
open in our region soon. Current guidance and executive orders are
indicating that when businesses re-open they will be faced with reduced
occupancy limits. Many businesses, especially restaurants and bars, operate
on slim profit margins and depend on their normal occupancy levels to
remain profitable.
Communities across the country are pursuing various ways to allow
businesses to gain additional occupancy by expanding outdoors. While
businesses would still be required to maintain proper social distancing
standards outdoors, this can allow customers to be in an open-air setting
which is believed to carry less risk while also allowing the business to make up
some of their lost indoor seating or retail space.
Many businesses across the City are contiguous to public property and the
City has a unique opportunity to allow businesses to expand their footprint
onto public property, including sidewalks, parking spaces, and streets.
The Michigan Liquor Control Commission (MLCC) has changed their rules to
allow for a “Limited Permanent Outdoor Service Area”. Recently, 18th
Amendment has approached the City and asked for approval to use public
property to expand their seating area, including the use of the street. The
MLCC’s application requires local governmental authorization to use the
public property as part of the application review. These applications are only
approved through the fall season and expire October 31, 2020.
It is anticipated that other liquor license holders will also wish to use public
property to expand. It is also anticipated that additional restaurants or retail
businesses will also wish to do the same.
Staff is recommending that we allow interested businesses to request
approval to expand onto public property in order to help them get closer to
or reach their normal occupancy level. This could include city streets in some
areas. Due to every day being critical to business success this summer and
fall, staff is requesting your approval for staff review and approval of these
requests.
Each business owner would be required to list the City as an additional
insured and submit a site plan showing their requested use of public space.
The site plan would need to include how pedestrian traffic and ADA
accessibility will be maintained. Those requesting approval of public space
for liquor purposes will be required to follow all MLCC rules related to securing
the approved area with barriers, monitoring exits, and intoxicated persons.
The Directors of Public Safety, Development Services, Public Works, and City
Manager will review each request for approval.
Attached is a proposed plan to use public space along Western Ave between 2
                                          Page 4 of 6
and 3rd as well as 4th and 5th. Other areas of the Downtown and City are also
open to review. Staff recognizes that not all businesses may be able to be
accommodated or expand onto public property but staff’s goal is to be as
flexible as possible to support as many businesses that wish to make a request.
STAFF RECOMMENDATION:           To authorize City staff to approve reasonable use
of public property to allow business owners to expand their seating or retail
footprint during the COVID-19 virus protection period in the summer and fall of
2020, provided the Directors of Public Safety, Municipal Services, Public Works,
and City Manager concur on the approval, and the approvals expire October
31, 2020.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to authorize City staff to approve reasonable use of public property to allow
business owners to expand their seating or retail footprint during COVID-19 virus
protection period in the summer and fall of 2020, provided the Directors of Public
Safety, Municipal Services, Public Works, and City Manager concur on the
approval, and the approvals expire October 31, 2020.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           and Gawron
            Nays: None
MOTION PASSES
   C. Purchase Agreement – 188 4th Street City Manager
SUMMARY OF REQUEST: City Staff is seeking authorization to enter into a
purchase agreement for 1188 4th Street.
1188 4th Street was a regular area of concern among neighbors. In an attempt
to help mitigate the concerns, the City purchased the property and completed
a renovation. The property was listed on the MLS for $229,900; an offer was
accepted for $225,000. Staff is seeking permission to approve the purchase
agreement and complete the sale. Note that his property is part of the
scattered site brownfield project. Any difference in sales price and renovation
will be recovered via tax capture.
STAFF RECOMMENDATION:      Authorize the City Manger to sign the purchase
agreement and complete the sale.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to authorize the City Manager to sign the purchase agreement and complete
the sale.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           Gawron, and Hood
            Nays: None


                                         Page 5 of 6
MOTION PASSES
PUBLIC COMMENT: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 6:44 p.m.


                                        Respectfully Submitted,




                                        Ann Marie Meisch, MMC – City Clerk




                                    Page 6 of 6
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: June 9, 2020                  Title: Establish a Grants Program
                                                       Coordinator Position

Submitted By: Oneata Bailey                            Department: Community and Neighborhood
                                                       Services

Brief Summary: Seeking approval to establish a Grants Program Coordinator position for the
Community and Neighborhood Services Department.

Detailed Summary: The purpose of this position is to manage various federal, state, and locally
funded grants and programs administered by the city and will assist the Development Services
Division with other grant opportunities. The coordinator will be responsible for development,
implementation and revision of policies, procedures, and technical systems, will assist with office
and program oversight and act as a staff liaison to various boards and commissions associated
with the CNS Department.


The job description was approved by the Civil Service Commission at its May 21, 2020 meeting.
The cost of the position will be completely covered by administrative costs received through the
various grant programs, and the general fund will not be impacted.

Amount Requested: $80,000 (salary + fringe)           Amount Budgeted: $80,000

Fund(s) or Account(s): CNS Administration             Fund(s) or Account(s): CNS Administration

Recommended Motion: Approve the establishment of the Grants Program Coordinator position in
the Community and Neighborhood Services Department.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                                           CITY OF MUSKEGON
                                            JOB DESCRIPTION

                             GRANTS PROGRAM COORDINATOR

Supervised By:               Director, Community & Neighborhood Services
Supervises:                  N/A


Position Summary:
Under the general supervision of the Director, Community & Neighborhood Services (CNS),
manage various federal, state, and locally funded grants and programs administered by the
city. Responsible for development, implementation and revision of policies, procedures, and
technical systems for the department. Assist with office and staff oversight and act as a staff
liaison to various boards and commissions.


Essential Job Functions:
An employee in this position may be called upon to do any or all of the following essential functions. These examples
do not include all of the duties which the employee may be expected to perform. To perform this job successfully, an
individual must be able to perform each essential function satisfactorily.

1.       Assist the Director to establish priorities and plan activities to achieve the goals of all
         federal, state, and local programs administered by the city through the Community &
         Neighborhood Services Department. Assist the Director to plan and monitor budgets
         for each program.

2.       Develop, recommend, implement, and update related policies and procedures, internal
         controls, and goals and objectives in accordance with city needs and directives,
         contractual obligations, and legal requirements.

3.       Serve as community liaison to oversee housing programs within the city including
         rehabilitation, homeownership, and new construction. Ensure programs are
         designed to provide affordable and market rate housing to redevelop and conserve
         neighborhoods and businesses.

4.       Implement the annual Community Development Block Grant (CDBG) planning and
         budgeting processes. Prepare and monitor program budgets, generate program
         reports, assist with public forums, and review performance. Educate Citizens District
         Council members on program parameters and guide them through plan and budget
         development.

5.       Research and identify other grants and alternative funding sources; assist with grant
         applications. Administer grant funded programs and projects within the Development
         Division and complete related reports.

6.       Prepare bid proposals and contracts. Develop specifications and estimate costs.
         Oversee the work of contractors and monitor costs and performance.




Grants Program Coordinator                                                                                          1
4/2020
7.       Process loan and grant applications under the department’s various programs. Analyze
         financial questionnaires of applicants, prepare and process correspondence to financial
         institutions, and work with the city attorney’s office to prepare legal documents. Review
         and recommend homeowner grant and loan applications. Counsel homeowners about
         requirements for loans and grants.

8.       Assist with the preparation and submission of all reports and maintain all necessary
         records in accordance with administrative rules, contract language, and legal
         requirements including state and federal grants and local policies. Work cooperatively
         with Finance Department to provide information for timely accounting and financial
         reporting purposes.

9.       Interview clients to obtain information necessary to make eligibility determinations.
         Conduct intake interviews. Determine priority of needs and funding availability.
         Maintain accurate documentation of case records.

10.      Assist with work assignments to other staff and recommend training and professional
         development. Ensure staff is informed of new or revised procedures.

11.      Serve as liaison to committees, boards, and commissions as assigned. Represent the
         department to other city departments and outside organizations. Attend meetings as
         necessary and coordinate activities with other departments and outside organizations
         including sub-recipients and construction contractors.

12.      Conduct research, compile information, and prepare reports. Attend meetings, advise
         city officials on departmental activities, and make presentations as requested by
         supervisor. Maintain detailed record keeping system according to established
         requirements.

13.      Establish and maintain effective relationships with citizens, community groups, city
         officials, other employees, and other interests. Respond to public inquiries, investigate
         complaints, and assist the public as needed. Follow up on corrective actions and ensure
         that replies are provided.

14.      Consult with other city staff, and seek input from specialists and experts as needed.
         Participate in internal work groups.

15.      Attend meetings, perform research, submit reports, and recommend policies and
         programs as requested.

16.      Keep abreast of legislative and regulatory developments, new administrative
         techniques, and current issues through continued education and professional growth.
         Attend conferences, workshops, and seminars as appropriate.

17.      Perform other related work as required.




Grants Program Coordinator                                                                           2
4/2020
Required Knowledge, Skills, Abilities and Minimum Qualifications:
The requirements listed below are representative of the knowledge, skills, abilities and minimum qualifications
necessary to perform the essential functions of the position. Reasonable accommodations may be made to enable
individuals with disabilities to perform the job.

•        Bachelor’s degree in social work, public administration, urban studies, or a related
         field.

•        Two or more years of progressively more responsible experience in grant writing,
         federal and state programs, community development, program administration or
         related field.

•        State of Michigan Vehicle Operator’s License, a satisfactory driving records, and the
         ability to maintain one throughout employment.

•        Substantial knowledge of the laws, regulations and professional practices associated
         with administering community and neighborhood development programs and related
         record-keeping.

•        Thorough knowledge of the principles, practices, and procedures of economic and
         community development.

•        Knowledge of grant writing and administration, budget development, and financial
         accounting of various programs and initiatives.

•        Skill in compiling and evaluating complex information and formulating effective policy
         and service recommendations.

•        Skill in implementing and providing diverse programs and services to ensure compliance
         with state and federal requirements.

•        Skill in the use of office equipment and technology, including computers and related
         software, and the ability to master new technologies.

•        Ability to maintain accurate records and prepare comprehensive reports.

•        Ability to exercise a high degree of diplomacy and work effectively under stress and in
         emergency and confrontational situations.

•        Ability to communicate effectively and present ideas and concepts orally and in writing,
         and make public presentations.

•        Ability to establish effective working relationships and use good judgment, initiative and
         resourcefulness when dealing with employees, city officials, professional contacts,
         community leaders, the media, and the public.

•        Ability to critically assess situations, problem-solve, and work well under stress, within
         deadlines and changes in work priorities.

•        Ability to attend meetings and travel to other locations.




Grants Program Coordinator                                                                                        3
4/2020
Physical Demands and Work Environment:
The physical demands and work environment characteristics described here are representative of those an employee
encounters while performing the essential duties of the job. Reasonable accommodations may be made to enable
individuals with disabilities to perform essential functions.

While performing the duties of this job, the employee regularly works in an office setting with a
controlled climate where they sit and work on a computer, communicate by telephone, email or
in person, and move around the office to travel to other locations. The employee must
occasionally work outside the office and may need to lift and/or move items of light weight. The
noise level in the work environment is usually quiet.

While performing the duties of this job, the employee is occasionally required to travel to various
locations within the city and work outside the office at field sites to inspect rental properties and
other works in progress. This may include visiting construction sites requiring the employee to
traverse uneven ground, and may involve fumes, dust, chemicals or other hazardous materials,
loud machinery and equipment, and other dangers associated with engineering projects and
construction sites. The employee is occasionally exposed to adverse weather conditions, loud
noises, moving mechanical parts, dust or airborne particles, and fumes. The noise level in the
work environment is usually quiet, and may be loud in field situations.




Grants Program Coordinator                                                                                     4
4/2020
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: May 26, 2020                    Title: Seaway Railroad Bridge Painting

Submitted By: Leo Evans                                  Department: Public Works

Brief Summary:
Staff is requesting authorization to issue a notice to proceed for the work to clean and paint the railroad
bridge over Seaway Drive between Laketon Avenue and Hackley Avenue.


Detailed Summary:
Bids for the project were previously approved at the February 25th, 2020 Commission Meeting with the
low bid from Seaway Painting being approved in the amount of $68,385.00. Staff has prepared the
contract documents with Seaway Painting but has not issued the notice to proceed at this time pending
review of the private fundraising campaign for the project.

Fundraising us still ongoing. A Patronicity crowdfunding campaign is expected to begin in June. A
number of commitments have been made, but in order to receive the matching dollars from Patronicity,
those donations cannot be finalized until the campaign commences. It is anticipated that the City’s
contribution will be $10,000-$15,0000 in cash towards the Seaway Painting contract from the Public
Improvement Fund. In addition to the cash contribution the City will provide in-kind services in the
form of traffic control for the work, which is estimated to cost $6,497.36. (Attachment)

In parallel to the cleaning and coating work the Muskegon City Public Art Initiative has begun the
search for an artist to complete murals on the bridges and will be ready to proceed with the mural work
upon completion of the cleaning and coating project. The mural work is not expected to require any
additional cash contribution on behalf of the city but would again require an in-kind donation in the
form of traffic control services for the project, estimated at approximately the same amount as for the
initial cleaning and coating.

MDOT has been engaged on the project and has agreed to participate in the form of reimbursement
for a portion of the traffic control costs from the cities state trunk line budget. The exact amount is yet
to be determined.

If approved the intention is for the cleaning and coating with Seaway Painting to occur in August 2020,
with the mural work to follow in September 2020.


Amount Requested: $10,000-$15,000                      Amount Budgeted: $10,000-$15,000

Fund(s) or Account(s): 202/404-91914                   Fund(s) or Account(s): 202/404-91914
Recommended Motion:
Authorize staff to issue the notice to proceed to Seaway Painting for the work to clean and coat the railroad
bridge over Seaway Drive between Laketon Avenue and Hackley Avenue and authorize staff to provide in-
kind services for the project in the form of traffic control.


Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
Traffic Department
1350 E. Keating Ave
                                                                                INVOICE
Muskegon, MI 49442
Phone: (231)724-6981
                                                                               INVOICE #00001
                                                                                DATE: 3/3/2020


TO:                                           FOR:
City of Muskegon                              Traffic Control for Bridge Painting Project
City Hall
933 Terrace St
Muskegon, MI 49440



                     DESCRIPTION                         HOURS             RATE             AMOUNT
Labor + Fringe (x2)                                    56                      39.33        $4,404.96
   - For Setup, Reset, Teardown, and Maintaining




Equipment A (Arrow Boards)                             1 Month                 1200            $1200
   - 2 Rentals from Give ‘Em A Brake




Equipment B (Trucks)
   -   40148                                           56                       9.70          $543.20
   -   30571                                           36                       9.70          $349.20




                                                                          TOTAL        $6,497.36
                                TWO X TWO - FOUR X FOUR
               REQUEST FOR PROPOSAL for RAILROAD BRIDGE MURALS
DESCRIPTION OF THE PUBLIC ART COMMISSION
         The MuskegonCity Public Art Initiative [MCPAI] is seeking to commission an artist or artist
team to create original, contemporary, inclusive, celebratory, and engaging murals to be painted
directly on the railroad bridge over Seaway Drive [US Business 31] between Laketon Avenue and
Hackley Avenue within the City of Muskegon, referred hereafter as the City Bridge and on a second
bridge located between Sherman Avenue and Broadway, also on Seaway Drive [US Business 31] and
within the governmental entities of Norton Shores and Muskegon Heights, referred hereafter as the
NS/HTS bridge.
         There are four sides to the two bridges; therefore we are ultimately looking for four artists or
artist teams for this work. The first bridge to be commissioned for murals is the City Bridge, and it is
expected that this work will be done in September 2020. At this time, it has not yet been determined if
the NS/HTS Bridge will be commissioned now or for the spring of 2021, but likely the spring of 2021.
         We invite concepts and themes that celebrate our community, its diversity and resiliency, our
natural resources and our beautiful surroundings. Designs may be abstract, conceptual, and/or
representational. We will not accept designs that reflect political issues, sex, violence, alcohol, drugs,
or religious themes.. In addition, per MDOT requirements, artwork cannot promote commercial
products, messages or services of any kind; contain religious, political, private or special interest
symbols, trade names, slogans or websites; include illumination that impairs or distracts driver vision;
display blinking, intermittent or moving lights, including digital displays or LED displays; or include
moving elements, including kinetic art or other devices.
         The City Bridge is approximately 9.5 ft high x 210 ft long abutment to abutment. It is not
necessary that a design for the mural go from end to end, but that it is required that it is scaled
appropriately for the space. The design can be done all as one or can be done in sections but read as
one. We are planning for an early September time frame for the murals to be completed directly on the
City Bridge. The NS/HTS Bridge is approximately 8 ft 2 in high by 108 ft long. The timing for the
commissions for this bridge are to be determined. However, the method and time frames for
completion are the same.
         The selected artists will have two weeks to complete the mural. The roadway will be closed in
two stages, which is illustrated in one of the attachments to this RFP and described as follows:
     Week One: we close the outside lanes of both bounds of Seaway Drive and the artist paints
         from the center line of each road out to the abutments on both sides of the bridge.
     Week Two: we close the inside lanes of both bounds and the artist paints the length of the
         bridge between the center lines of northbound and southbound Seaway Drive.
Attached to this brief are photos and drawings of both bridges, as well as a photo to illustrate the road
closure, and a photo of the type of equipment that the artist would use to reach the overpass.
DESCRIPTION OF LOCATION
      The City Bridge is located between Laketon and Hackley Avenues on Seaway Drive, US
Business 31, in the City of Muskegon. This is the first bridge that we plan to commission.
      The NS/HTS Bridge is located between Sherman Avenue and Broadway on Seaway Drive, US
Business 31. Norton Shores and Muskegon Heights share responsibility for this bridge.



1
COMMISSION BUDGET
         Two commissions, $8,000 per mural for the City Bridge, will be awarded to the chosen artists
later this summer. Two commission, $7,000 per mural for the NS/HTS Bridge, will be awarded to the
chosen artists in the early spring of 2021. This commission is inclusive of all costs related to proposal
research, development, community and agency meeting costs, design, paint, materials, and supplies,
photography, insurance, and artist travel to Muskegon to paint the murals.
         The bridge surfaces will be cleaned, primed, and painted with a coat of a urethane-based paint
by the City prior to the painting of the murals. The governmental units, in partnership with the MCPAI,
is responsible for the expense of the road closures and for the cost of equipment rental to be used to
access the bridge surfaces. The current plan for equipment is to secure a Stevenson-Crane-Service-
JLG-450AJ-Articulating-boom-lift for the artist to use. [Picture is attached to this RFP.] In addition,
the MC-PAI will supply the artists with the sealant to be used to coat the murals. If lodging is
necessary to house an artist for the duration of the project, the MC-PAI will arrange and cover the
costs.
SUBMISSION OF PROPOSALS
The proposal for this commission must include:
    1. Well-developed scale drawings or digital renderings of the artist’s proposed design which
       are proportionate to the dimensions of the bridge, include the scale employed, and
       include the following:
            Indication of which bridge the submitted proposal addresses;
            Type of paint to be used as well as application method, ie. paint and brush/roller,
               spray paint, etc; [If spray paint is the method, also detail protective strategies to
               be used to manage overspray.];
            Dimensions of the final work of art;
            The scale employed in the drawing/rendering;
            An illustration of how the work would look on the bridge;
    2. The artist’s resume/vita;
    3. Identification and resume/vitas of additional team members , if applicable, that the artist
       may bring to execute the mural;
    4. Images and locations of a minimum of 2 examples of artist’s previous outdoor
       monumental mural work and public art commissions;
    5. Three professional references with contact information including email and phone
       numbers.
All proposal documents, to be submitted by email to judyhayner@gmail.com as a PDF, and including
all drawings, sketches, and renderings, will become property of the MuskegonCity Public Art Initiative
and may be used for educational and/or promotional purposes of the program. Please also include
illustrations of your design in the PDF without your name on them so that we can implement a “blind”
judging of the submissions.
PLEASE NOTE: It is a requirement that submissions to this RFP represent an original and new work
of art created specifically in response to this commission brief. Submissions of previously completed
works of art or an “edition” of a work of art that has already been created for another purpose will not
be accepted.



2
SELECTION PROCESS
        The Muskegon Downtown Arts Committee (the Committee) is instrumental in the deliberations
as to the choice of artists to commission and includes representatives from the Community Foundation
for Muskegon County, City of Muskegon, Muskegon Museum of Art, Lakeshore Museum Center,
Muskegon County Convention and Visitors Bureau, Grand Valley State University Art Center, artists,
community leaders, and philanthropists. Additional representatives from the cities of Muskegon,
Muskegon Heights, and Norton Shores will be a part of this review and selection process.
EVALUATION CRITERIA
The proposal will be evaluated by the following criteria:
        1. Artistic excellence and originality as evidenced by representations of past work images and
        other supporting materials;
        2. Successful completion of all aspects requested as part of this RFP;
        3. Appropriateness of artist’s medium and style as it relates to project goals and setting;
        4. Prior experience with projects of a similar scale and scope; and
        5. Availability to participate in the design and implementation of the project as required.
Previous experience in developing large scale public works of art and murals is a prerequisite for being
considered for this project. In addition, the Committee may also take into consideration when selecting
artists whether or not an artist is already represented in Muskegon’s collection of public art.
TIMELINE & PROJECT SCHEDULE
        Proposals must be received by June 26, 2020. You may email proposals to:
judyhayner@gmail.com. Please submit all materials as PDFs. Questions may be emailed to Hayner,
who will answer and distribute answers to the entire list of invited artists.
        The Review Committee will narrow the applicants to a pool of finalists who may be invited to
be interviewed for this project. In the event that the Committee wishes to interview the finalists, artists
will be given a travel stipend for travel to Muskegon for this purpose.
         It is anticipated that a contract for the City Bridge commission will be executed by August of
2020; a specific time frame for the painting of the mural is to be determined, but for the City Bridge,
our goal is September. The Committee plans to choose from the submitted proposals the artists for the
NS/HTS Bridge at the same time although the NS/HTS Bridge may be a spring of 2021 project.
NOTIFICATIONS AND PROPOSALS
        The Project Director and the Committee reserves the all rights to choose the artists for this
project. Once a decision on the commission has been reached and the final budget is known, the
MuskegonCity Public Art Initiative will immediately initiate the campaign to raise funds for the
project. Once at least 50% of the funds are secured, the MC-PAI will enter into a commission contract.
Notification of the intent of the MC-PAI to commission artist(s) for the City Bridge project will
be issued in July 2020. It is expected that a contract will be issued shortly thereafter. As previously
stated, the decision and timelines for the NS/HTS Bridge are to be determined.
NOTICE
The MuskegonCity Public Art Initiative reserves the right to modify the project timeline, if necessary..
MC-PAI also reserves the right to reject any or all applications or proposals, to reject any finalist, and
to terminate the selection process for this project without prior notice.
ATTACHMENTS
1. RFP-Muskegon Railroad Bridge Mural Project                4. Seaway Dr Photos-RR Bridges
2. RR Bridge Mural Proj-Artists' Invitational List           5. RR Bridge Mural Proj-Road Closure
3. RR Bridge Mural Proj-Maps-Seaway Drive                    6. Articulating Boom Lift

3
4
                             Railroad Overpass Project (2 murals)
                          A Partnership with the City of Muskegon
                                          PROPOSED BUDGET
REVENUE                                                            CASH     INKIND           TOTAL
MuskegonCity Public Art Initiative                               $25,000                    $25,000

City of Muskegon                                                            $   6,500        $6,500

OTHER PRIVATE SUPPORT-TBD                                              $0                       $0



TOTAL REVENUE                                                    $25,000 $      6,500 $ 31,500

EXPENSE
ARTISTS [assumes we contract for both sides at same timee        $16,000                $ 16,000
Design
Paint and supplies
Artists’ commission
Equipment Rental                                                  $4,000                $    4,000
Articulating boom lift: 2 lifts/2 weeks
Sealant supplies-TBD                                              $2,000              $      2,000
Road closure                                                             $      6,500 $      6,500
CFFMC Fund Mgt Fee (2%)                                             $500
Contingency,                                                      $2,000              $ 2,000
TOTAL EXPENSE                                                    $24,500 $      6,500 $ 31,000
All figures in italics are estimated amounts.
Actual revenue needs and expenses to be confirmed after artist proposals re accepted.
                       Railroad Overpass Project (4 murals)
 A Partnership with Muskegon, Norton Shores, and Muskegon Heights
                                         PROPOSED BUDGET
REVENUE                                                      CASH    INKIND          TOTAL
MuskegonCity Public Art Initiative                         $30,000                  $30,000

City government                                                      $ 13,000       $13,000

OTHER PRIVATE SUPPORT-TBD                                  $14,000                  $14,000



TOTAL REVENUE                                              $44,000 $ 13,000 $ 57,000

EXPENSE
ARTISTS [ 4 artists; $8K-CITY Bridge; $7K NS/HTS Bridge]   $30,000              $ 30,000
Design
Paint and supplies
Artists’ commissions
Equipment Rental (boom lift, one per side)                  $8,000              $    8,000
Articulating boom lift: 4 lifts/ 2 weeks ea
Sealant supplies-TBD                                        $3,000            $ 3,000
Road closure                                                         $ 13,000 $ 13,000
CFFMC Fund Mgt Fee (2%)                                       $880
Contingency                                                 $2,000          $ 2,000
TOTAL EXPENSE                                              $43,880 $ 13,000 $ 56,880
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: June 9, 2020                 Title: Lease Agreement

Submitted By: Doug Sayles                             Department: Public Works

Brief Summary:
Staff is asking permission to enter into a contractual agreement for/with “MACkite Kiteboarding
School” at Pere Marquette Park.



Detailed Summary:
Staff is asking permission to enter into a contractual Lease Agreement for 2020, 2021, and 2022
with Steve Negen of MACkite for Operating a Kiteboarding school at Pere Marquette Park. MACkite
has been operating a kiteboarding school out of the brown brick building at the south end of Pere
Marquette beach since 2008. Lease revenue is $2500.00 per year. Lessee also provides a portable
Handicapped Restroom and pays the electrical bills for the property as part of the agreement.



Amount Requested:                                    Amount Budgeted:

Fund(s) or Account(s):                               Fund(s) or Account(s):

Recommended Motion:
Authorize staff to enter into a contractual Lease Agreement with Steve Negen to operate a
Kiteboarding School at the brown brick building, at the south end of PM Park (1955 Beach Street).



Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: June 9, 2020                 Title: Contract Agreement

Submitted By: Doug Sayles                             Department: Public Works

Brief Summary:
Staff is asking permission to enter into a contractual agreement for/with “J-Boards” for Stand Up
Paddleboard lessons and rentals at Pere Marquette Park.



Detailed Summary:
Staff is asking permission to enter into a contractual Lease Agreement for 2020, 2021, and 2022
with Jason Gorski for Operating Stand Up Paddleboard lessons and rentals at Pere Marquette Park.
Jason Gorski has been operating Stand Up Paddleboard lessons/rentals at Pere Marquette beach
since 2013. Commission revenue has been between $150 and $500 per year with revenue being
10% of gross receipts per year.



Amount Requested:                                    Amount Budgeted:

Fund(s) or Account(s):                               Fund(s) or Account(s):

Recommended Motion:
Authorize staff to enter into a Contractual Agreement with Jason Gorski to operate Stand Up
Paddleboard lessons/school at PM Park.



Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: June 9, 2020                 Title: Conflict of Interest Disclosure

Submitted By: Oneata Bailey                           Department: Community and Neighborhood
                                                      Services

Brief Summary: Seeking approval to submit a request to the Department of Housing and Urban
Development for an Exception for a Conflict of Interest for the City of Muskegon Community and
Neighborhood Services (CNS)Department home sale.

Detailed Summary: Legal counsel has provided their opinion of a Conflict of Interest sale of a
HOME funded rehabilitated home offered by CNS Department. This includes the disclosure of a
Conflict of Interest and support the request of an Exception from our Housing and Urban
Development –Community Planning Development Office.


The letter is attached.

Amount Requested: NA                                 Amount Budgeted: NA

Fund(s) or Account(s): NA                            Fund(s) or Account(s): NA

Recommended Motion: To approve the request of Conflict of Interest Exception from the
department of Housing and Urban Development (HUD) for the sale of a HUD funded home through
the Community and Neighborhood Services Department.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: 6-9-2020                      Title: Public Hearing on Harbor West LLC
                                                       Brownfield Plan, 1000-1060 West Western
                                                       Avenue

Submitted By: Dave Alexander                           Department: Economic Development

Brief Summary: To hold a public hearing on the request for a Brownfield Plan Amendment for
Harbor West LLC (Hartshorn Village) and to consider the attached resolution.

Detailed Summary: Harbor West LLC proposes a Brownfield Amendment for 1000, 1010 and 1060
West Western Avenue for its first phase of the Hartshorn Village residential site condominiums.
The $5 million+ initial investment is for the first 10 of an expected approximately 50 units. The
former Shaw-Walker Co. parking lot was sold by the city to Harbor West in 2018. The initial $5.597
million brownfield plan is a local-only property tax capture. State eligible environmental costs are
$250,000, $19,500 for demolition, $626,000 for site preparation and $3.946 million for
infrastructure improvements. The majority of the infrastructure costs ($3.502 million) are to
upgrade the city’s adjacent Hartshorn Marina and for a joint-use pool and clubhouse for the condo
owners and marina slip holders. The sales and development agreement between the city and
Harbor West calls for the city to provide the buyer up to $600,000 for brownfield eligible costs. The
city would receive the first $600,000 of property tax capture, then Harbor West for its remaining
eligible costs and finally with the marina upgrade being covered last. There is a 15 percent
contingency in the plan, no request for interest borrowing and it is a 30-year plan. The plan allows
for a continued five-year capture of tax increments for a local Brownfield Revolving Loan Fund if
there is time left in the 30 years after all eligible costs are covered. There is an annual $10,000
administrative fee paid to the Brownfield Redevelopment Authority. The BRA approved the Harbor
West Brownfield Amendment at its May 12, 2020 meeting.

Amount Requested: N/A                                Amount Budgeted: N/A

Fund(s) or Account(s):                               Fund(s) or Account(s):

Recommended Motion: To close the public hearing and approve the Brownfield Plan Amendment
for West Harbor LLC (Hartshorn Village) at 1000-1060 West Western Avenue with the attached
resolution, authorizing the Mayor and City Clerk to sign.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
           CITY OF MUSKEGON
       BROWNFIELD REDEVELOPMENT
               AUTHORITY
         BROWNFIELD PLAN AMENDMENT
          FOR THE HARBOR WEST, LLC
            DEVELOPMENT PROJECT

                               May 7, 2020


Original Plan Approved by the Board of the City of Muskegon Brownfield Redevelopment
Authority on February 23, 1998, with subsequent amendments approved as outlined
below. This amendment approved on ______________.

Original Plan Approved by the City Commission of the City of Muskegon on
April 14, 1998, with subsequent amendments approved as outlined below. This
amendment approved on ________________.
                      City of Muskegon Brownfield Plan Amendment
                          Harbor West, LLC Development Project




                         CITY OF MUSKEGON
                BROWNFIELD REDEVELOPMENT AUTHORITY
                         BROWNFIELD PLAN

                                       INDEX


I.     INTRODUCTION
II.    GENERAL PROVISIONS

       A.   Costs of the Brownfield Plan
       B.   Method for Financing Costs of Plan
       C.   Duration of the Brownfield Plan
       D.   Displacement/Relocation of Individuals on
            Eligible Properties
       E.   Local Site Remediation Revolving Fund

III.   SITE SPECIFIC PROVISIONS

       A.   Kirksey/Anaconda Property (Approved 4/14/98)
       B.   Dilesco Corporation Property (Approved 8/11/98)
       C.   Beacon Recycling (Approved 7/11/00)
       D.   Verplank Dock Company (Approved 5/27/03)
       E.   Gillespie Development Property (Approved 8/12/03)
       F.   Loft Properties, LLC Property (Approved 8/12/03)
       G.   Parmenter O’Toole Property (Approved 8/12/03)
       H.   “The WaterMark” Project (Approved 5/25/04)
       I.   Northern Machine Tool (Approved 7/13/04)
       J.   Terrace Lots Office Building (Approved 7/13/04)
       K.   Art Works Apartments (Approved 7/27/04)
       L.   Former Muskegon Mall (Approved 10/12/04)
       M.   Vida Nova at Edison Landing (Approved 10/24/06)
       N.   Western Ave. Properties LLC and Port City Development Services, LLC
            (Approved 10/24/06)
       O.   Viridian Place at Edison Landing (Approved 10/24/06)
       P.   Hot Rod Harley (Approved 3//27/07)
       Q.   Sidock Building Project (Approved 6/12/07)
       R.   Heritage Square Town Homes (Approved 1/8/08)
       S.   Betten Auto Dealerships (Approved 5/13/08)
       T.   Parkland Muskegon Mixed Use Project (Approved 6/24/08)
       U.   Terrace Point Landing Redevelopment Project (Approved 5/14/13)
       V.   P&G Holdings NY, LLC (Approved 1/10/17)
       W.   Sweetwater Development/The Leonard (Approved 3/12/19)
       X.   1208 Eighth/Core Development (Approved 10/8/19)
       Y.   Damfino Development, LLC (12/10/19)
       Z.   Harbor West, LLC Development Project (____)




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I. INTRODUCTION

In order to promote the revitalization of commercial, industrial, and residential properties
within the boundaries of the City of Muskegon (the “City”), the City established the City
of Muskegon Brownfield Redevelopment Authority (the “Authority”) pursuant to Act 381,
Public Acts of Michigan, as amended (“Act 381”) and a resolution adopted by the
Muskegon City Commission on February 10, 1998. Terms defined in Act 381 and
applicable sections of the statute are noted in italics throughout this document.

This Brownfield Plan (“Plan”) was originally intended to address the redevelopment of
eligible properties within the City that are impacted by the presence of hazardous
substances in concentrations that exceed Michigan’s Part 201 Generic Cleanup Criteria
(“facilities”) or that have been determined to be Functionally Obsolete or Blighted. By
facilitating redevelopment of underutilized eligible properties, the Plan is intended to
promote economic growth for the benefit of the residents of the City and all taxing units
located within and benefited by the Authority.

This Plan is intended to be a living document, which can be amended as necessary to
achieve the purposes of Act 381. It is specifically anticipated that properties will be
continually added to the Plan as new projects are identified. The Plan contains general
provisions applicable to the Plan, as well as property-specific information for each
project. The applicable Sections of Act 381 are noted throughout the Plan for reference
purposes.

This Brownfield Plan contains the information required by Section 13(2) of Act 381, as
amended. Additional information is available from the Muskegon City Manager or the
Director of Planning and Economic Development.

II. GENERAL PROVISIONS

A. Costs of the Brownfield Plan (Section 13(2)(a))

Any site-specific costs of implementing this Plan are described in the site-specific
section of the Plan. Site-specific sources of funding may include tax increment financing
revenue generated from new development on eligible brownfield properties, state and
federal grant or loan funds, and/or private parties. Where private parties finance the
costs of eligible activities under the Plan, tax increment revenues may be used to
reimburse the private parties. The initial costs related to preparation of the Brownfield
Plan were funded by the City’s general fund. Subsequent amendments to the Plan may
be funded by the person requesting inclusion of a project in the Plan, and if eligible, may
be reimbursed through tax increment financing.

The Authority intends to pay for administrative costs and all of the things necessary or
convenient to achieve the objectives and purposes of the Authority with fees charged to
applicants to be included in the Plan, and any eligible tax increment revenues collected
pursuant to the Plan, in accordance with the provisions of Act 381, including, but not
limited to:

   i)      the cost of financial tracking and auditing the funds of the Authority,



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   ii)     costs for amending and/or updating the Plan, including legal fees, and
   iii)    costs for Plan implementation

Tax increment revenues that may be generated and captured by this Plan are identified
in the site-specific sections of this Plan.

B. Method for Financing Costs of Plan and Bonded Indebtedness (Section
13(2)(d) and (e))

The City or Authority may incur some debt on a site-specific basis. Please refer to the
site-specific section of this Plan for details on any debt to be incurred by the City or
Authority. When a property proposed for inclusion in the Plan is in an area where tax
increment financing is a viable option, the Authority intends to enter into Development
and Reimbursement Agreements with the property owners/developers of properties
included in the Plan to reimburse them for the costs of eligible activities undertaken
pursuant to the Plan. Financing arrangements will be specified in the Development and
Reimbursement Agreement, and also identified in the Site Specific section of the Plan.

C. Duration of the Brownfield Plan (Section 13(2)(f))

The Plan, as it applies to a specific eligible property, shall be effective up to five (5)
years after the year in which the total amount of any tax increment revenue captured is
equal to the total costs of eligible activities attributable to the specific property, or thirty
(30) years from the date of first tax capture under the Plan as it relates to an individual
site, whichever is less. The total costs of eligible activities include the cost of principal
and interest on any note or obligation issued by the Authority to pay for the costs of
eligible activities, the reasonable costs of a Work Plan, the actual costs of the Michigan
Environmental Great Lakes & Energy or Michigan Strategic Fund’s review of the Work
Plan and implementation of the eligible activities, as applicable.

D. Displacement/Relocation of Individuals on Eligible Properties
   (Section 13(2)(i),(j)(k)(l)

At this time, eligible properties identified in the Plan do not contain residences, nor are
there any current plans or intentions by the City for identifying eligible properties that will
require the relocation of the residences. Therefore the provisions of Section 13(2)(i-l)
are not applicable at this time.

E. Local Site Remediation Revolving Fund (Section 8; Section 13(5)(b))

Whenever the Plan includes a property for which taxes will be captured through Tax
Increment Financing (TIF) provided by Act 381, it is the Authority's intent to establish a
Local Brownfield Revolving Fund ("Fund"). The Fund will consist of tax increment
revenues that exceed the costs of eligible activities incurred on an eligible property, as
specified in Section 13(5) of Act 381. Section 13(5) authorizes the capture of TIF from
an eligible property for up to 5 years after the time that capture is required for the
purposes of reimbursing the costs of eligible activities identified in the Plan. It is the
intention of the Authority to continue to capture tax increment revenues for 5 years after
eligible activities are funded from those properties identified for tax capture in the Plan,



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provided that the time frame allowed by Act 381 for tax capture is sufficient to
accommodate capture to capitalize a Fund. The amount of school operating taxes
captured for the Fund will be limited to the amount of school operating taxes captured for
eligible department specific activities under the Plan. It may also include funds
appropriated or otherwise made available from public or private sources.

The Fund may be used to reimburse the Authority, the City, and private parties for the
costs of eligible activities at eligible properties and other costs as permitted by Act 381.
It may also be used for eligible activities on an eligible property for which there is no
ability to capture tax increment revenues. The establishment of the Fund will provide
additional flexibility to the Authority in facilitating redevelopment of brownfield properties
by providing another source of financing for necessary eligible activities.

III. SITE SPECIFIC PROVISIONS

Z. Harbor West, LLC Development Project

Eligibility and Project Description (Sec. 13(2)(h))

Project Description

Harbor West, LLC (“Harbor West”) intends to develop approximately 3.01 acres of land
located at 1000, 1010 and 1060 West Western Avenue in Muskegon, MI (the “Property”)
into residential site condominiums (the “Project”). The Project will include the
construction of an initial ten (10) new market-rate site condominiums, associated site
improvements and marina improvements to the adjacent Hartshorn Marina located at
920 West Western Avenue (“Marina Property”). The Project will include department
specific activities, demolition, site preparation and infrastructure improvement activities
in order to prepare the Property and Marina Property for redevelopment. A proposed
site plan is included in Attachment Z-2.

It is anticipated that the Plan will be amended at a later date to include additional costs
for future phases of development. The estimated total capital investment to complete
Phase I of the Project is estimated to be approximately $5+ million.

The eligible property included in this Plan consists of four parcels of property totaling
15.41 acres in the City of Muskegon, Michigan (see Attachment Z-3).

This eligible property includes all existing real and all new taxable personal property.

Eligibility

The 1000 West Western property meets the definition of a “facility” as defined by Part
201 of Natural Resources and Environmental Protection Act (Act 451 of 1994) due to the
presence of select metals found in shallow soil intervals that are consistent with area-
wide contaminated historical fill. Total mercury, copper, arsenic, selenium, and silver
were detected in shallow soil throughout the area exceeding the groundwater surface
water interface protection criteria, while arsenic concentrations also exceeding the
residential drinking water and direct contact criterion. The 920, 1010 and 1060 West



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                          City of Muskegon Brownfield Plan Amendment
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Western parcels are adjacent and contiguous to the 1000 West Western property and
development of these parcels is expected to increase its taxable value. Therefore, the
parcels are considered “eligible property” under Act 381.

Eligible Activities, Financing, Cost of Plan (Sec. 13(2)(a), (b), (c), (g))

It is intended that the amended Plan shall provide for reimbursement of eligible activities
conducted on the Property and Marina Property, including department specific activities
(i.e. Phase I and II Environmental Site Assessment and Due Care), demolition, site
preparation, infrastructure improvements, brownfield plan/work plan preparation and
development, including all associated professional fees. TIF revenues generated from
the Project will first be used to reimburse the cost of eligible activities undertaken by the
developer and City of Muskegon, in accordance with a development and reimbursement
agreement to be executed by the parties. Following full reimbursement of the eligible
activities included in this Plan, TIF generated by the Property may be used for any other
purpose allowable under Act 381 and the Plan.

The following are eligible activities that may be reimbursed through TIF revenues:


1.        Department Specific Activities: Activities necessary for the developer to
          undertake its environmental due diligence, and any necessary costs related to
          Due Care obligations, including preparation of a Due Care Plan and
          implementation of Due Care Response Activities and Phase I, II and BEAs.
          Vapor barriers and mitigation systems, demarcation markers, contaminated
          soil excavation, transportation and disposal, environmental investigations and
          oversight. Costs are estimated at $250,000.

2.        Demolition:    Demolition will include removal of existing pavement, curbs,
          gutters and site improvements. Demolition is necessary in order to prepare
          the project for the proposed development. Demolition activities costs are
          estimated at $19,500.

3.        Site Preparation: Site Preparation on the Property will include mobilization &
          demobilization, erosion control activities, dewatering, temporary traffic &
          construction signage, staking, clearing and grubbing, temporary facility,
          temporary site control, utility relocation, cut and fill, soil compaction and sub-
          base, mass grading/land balancing, unstable soil removal and backfill,
          geotechnical engineering, special foundations, and retaining walls. Site
          Preparation activities costs are estimated at $626,000.

4.        Infrastructure Improvements: Infrastructure Improvements will include new
           water main, sanitary and storm sewer systems, walkways, bike paths,
           roadways, curb and gutter, gas and electric lines, public marina
           improvements, including a pool and a clubhouse. Infrastructure Improvement
           activities costs are estimated at $3,946,000.

5.        Contingency:   A 15% contingency is included to cover unexpected cost
          overruns encountered during construction totaling $726,225.



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           6.       Brownfield/Work Plan Preparation and Development:           Costs incurred to
                    prepare and develop this brownfield plan is estimated at $30,000.

           An estimate of the captured taxable value and tax increment revenues, which includes
           the impact on the taxing jurisdictions, is attached as Attachment Z-5.

           Effective Date of Inclusion in Brownfield Plan

           The Harbor West LLC Development Project was added to this Plan on ________. It is
           intended the duration of the Plan capture is the lesser of the full reimbursement of
           eligible activities or 30 years with capture beginning in 2021.


17011359




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              ATTACHMENT Z-1

                SITE MAP
HARBOR WEST, LLC REDEVELOPMENT PROJECT




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City of Muskegon Brownfield Plan Amendment
    Harbor West, LLC Development Project




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        City of Muskegon Brownfield Plan Amendment
            Harbor West, LLC Development Project




             ATTACHMENT Z-2

        PROPOSED SITE PLAN
HARBOR WEST, LLC DEVELOPMENT PROJECT




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                     City of Muskegon Brownfield Plan Amendment
                         Harbor West, LLC Development Project




                          ATTACHMENT Z-3

                       LEGAL DESCRIPTION

Parcel 4:
THOSE PARTS OF BLOCKS 574 AND 575, REVISED PLAT (OF 1903) OF THE
CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF BLOCK
574 OF SAID REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON;
THENCE NORTH 88°43’ WEST 270.42 FEET (M=NORTH 84°41’53” WEST 270.27
FEET) TO A POINT ON THE NORTHERLY LINE OF WEST WESTERN AVENUE FOR
A POINT OF BEGINNING;
THENCE WESTERLY ALONG THE NORTHERLY LINE OF WEST WESTERN AVENUE
457.28 FEET (M=NORTH 80°29’18” WEST 457.02 FEET); THENCE NORTH 2°04’
WEST 492.92 FEET; THENCE SOUTH 47°05’ EAST 236.7 FEET; THENCE
CONTINUING SOUTH 47°04’ EAST TO A POINT 100 FEET NORTH OF AND NORTH
1°40’ WEST OF THE POINT OF BEGINNING. TOGETHER WITH THE C & O
RAILWAY COMPANY RIGHT OF WAY RUNNING THROUGH THE ABOVE
DESCRIBED PARCEL, EXCEPT THAT PART WHICH WAS DEEDED TO THE CITY
OF MUSKEGON AS RECORDED IN LIBER 2138, PAGES 751 AND 752.

Property Address: 1000 W. Western Avenue, Muskegon, Michigan

Tax Parcel No.: 61-24-205-574-0001-10




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Property Address: 1010 W. Western Avenue, Muskegon, Michigan

Tax Parcel No.: 61-24-205-574-0001-15




Property Address: 1060 W. Western Avenue, Muskegon, Michigan

Parcel: #61-24-205-574-0001-05


Parcel 1:
All that part of Block 574 and 575 of the Revised Plat (of 1903) of the City of
Muskegon, lying Northerly and Easterly of the following described boundary lines:
(EXCEPT the right of way of the Chesapeake and Ohio Railway Co.)
Commence at an iron bolt (original) located at the Southeast corner of Block 574 of
the Revised Plat of the City of Muskegon, Muskegon County, Michigan; thence North
88°43' West 270.42 feet for a place of beginning; thence North 1°40' West 345.42
feet; thence North 84°6' West 290.81 feet; thence North 47°5' West 236.7 feet; thence
North 2°4' West 175.2 feet; thence South 87°55' West 866.7 feet to an iron stake;
thence North 37° West 730 feet; thence North 48° West to the thread of the stream in
Muskegon Lake, for the place of ending of said lines.

EXCEPT FROM PARCEL 1:

BIKE PATH WEST DESCRIPTION:
THAT PART OF BLOCK 574 OF THE REVISED PLAT OF 1903 OF
THE CITY OF MUSKEGON, DESCRIBED AS: COMMENCING AT THE
SOUTHEAST CORNER OF SAID BLOCK 574; THENCE NORTH


                                           10                                  5/7/2020
                         City of Muskegon Brownfield Plan Amendment
                             Harbor West, LLC Development Project



88'13'54" WEST 270.33 FEET TO A POINT ON THE NORTH RIGHT-
OF-WAY LINE OF WESTERN AVENUE; THENCE NORTH 83'55'00"
WEST ALONG SAID NORTH RIGHT-OF-WAY LINE 456.97 FEET;
THENCE NORTH 01'31'44" WEST 470.34 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 46'32'44" WEST 257.11 FEET;
THENCE SOUTH 88'27'16" WEST 684.39 FEET; THENCE NORTH
01'31'44" WEST 16.00 FEET; THENCE NORTH 88'27'26" EAST 691.04
FEET; THENCE SOUTH 46'32'44" EAST 247.70 FEET; THENCE
SOUTH 01'31'44" EAST 22.62 FEET TO THE POINT OF BEGINNING.

BIKE PATH EAST DESCRIPTION:
THAT PART OF BLOCK 574 OF THE REVISED PLAT OF 1903 OF THE CITY OF
MUSKEGON, MUSKEGON COUNTY, MICHIGAN, DESCRIBED AS
COMMENCING AT THE SOUTHEAST CORNER OF SAID BLOCK 574; THENCE
NORTH 88'13'54" WEST 270.33 FEET TO A POINT ON THE NORTH RIGHT OF
WAY LINE OF WESTERN AVENUE; THENCE NORTH 01'09'31" WEST 100.00
FEET; THENCE NORTH 46'31'44" WEST 118.61 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 61'45'12" WEST 60.93 FEET; THENCE NORTH
46'31'44" WEST 227.22 FEET;THENCE NORTH 46'32'44" WEST 220.80 FEET;
THENCE NORTH 01'31'44" WEST 22.62 FEET; THENCE SOUTH 46'32'44" EAST
236.79 FEET; THENCE SOUTH 46'31'44" EAST 286.01 FEET TO THE POINT OF
BEGINNING.

Parcel 2:
Part of Blocks 574 and 575, as follows:
Commence at the Southeast corner of Block 574 of the Revised Plat (of 1903) of the
City of Muskegon, Muskegon County, Michigan; thence North 88°43' West 270.42 feet
to the North line of West Western Avenue; thence Westerly along the North line of West
Western Avenue 457.28 feet; thence North 2°04' West 492.92 feet to the place of
beginning; thence North 2°04' West 175.2 feet; thence South 87°55' West 175.2 feet;
thence South 47°05' East 247.75 feet to the place of beginning.
ALSO: Commence at the Southeast corner of Block 574 of the Revised Plat (of 1903) of
the City of Muskegon, Muskegon County, Michigan; thence North 88°43' West 270.42
feet to the North line of West Western Avenue; thence North 1°40' West 100 feet for a
place of beginning; thence North 1°40' West 245.42 feet; thence North 84°6' West
290.81 feet; thence Southeasterly to the place of beginning.
Parcel 3:
Part of Block 573 of the Revised Plat (of 1903) of the City of Muskegon, Muskegon
County, Michigan, described as: Commencing at the Southwest corner of said Block 573
for the point of beginning; thence North 1°40' West along the West line of said Block,
347.0 feet; thence North 21°40' West along the Westerly line of said Block, 241.0 feet;
thence North 29°28' West along the Westerly line of said Block, 187.50 feet; thence
South 35°37' East 258.20 feet; thence South 09°53' East 504.80 feet to the Northerly line
of West Western Avenue; thence South 59°34' West along said Northerly line, 53.0 feet
to the point of beginning.

Property Address: 920 W. Western Avenue, Muskegon, Michigan

Tax Parcel No.: 61-24-205-574-0001-20


                                            11                                    5/7/2020
                                 City of Muskegon Brownfield Plan Amendment
                                     Harbor West, LLC Development Project




                                      ATTACHMENT Z-4

                     SUMMARY OF ELIGIBLE ACTIVITIES
                            HARBOR WEST
                                    Eligible Activities Costs

Department Specific Activities
                                                                         $234,500
   -    Due Care
                                                                          $15,500
   -    Phase I, II & BEA
             EGLE Eligible Activities Total Cost                         $250,000
Demolition                                                                $19,500
Site Preparation
                                                                          $15,000
   -    Mobilization & Demobilization
                                                                          $7,000
   -    Silt Fence, Inlet Silt Sacks and
       other Erosion Control Activities
                                                                          $60,000
   -    Dewatering
                                                                          $6,000
   -    Temporary Traffic & Construction Signage
                                                                          $5,000
   -    Staking
                                                                          $8,000
   -    Clearing and Grubbing
                                                                          $3,000
   -    Temporary Facility
                                                                          $17,000
   -    Utility Relocation
                                                                          $35,000
   -    Cut & Fill
                                                                          $20,000
   -    Land Balancing and Mass Grading
                                                                         $130,000
   -    Soil Compaction and Sub-base
                                                                          $30,000
   -    Geotechnical Engineering
                                                                         $250,000
   -    Special Foundations
                                                                          $15,000
   -    Unstable Fill Removal and Backfill
                                                                          $25,000
   -    Retaining Walls
                         Site Preparation Sub-Total                      $626,000
Infrastructure Improvements
                                                                         $118,000
   -    Water mains
                                                                          $56,000
   -    Sanitary System
                                                                          $62,000
   -    Storm Sewer
                                                                          $8,000
   -    Walkways/Bike Paths
                                                                         $105,000
   -    Roadways
                                                                          $5,000
   -    Curb and Gutter
                                                                          $90,000
   -    Gas and Electric Lines
                                                                         $800,000
   -    Public Boat Launch Relocation – City



                                                       12                           5/7/2020
                            City of Muskegon Brownfield Plan Amendment
                                Harbor West, LLC Development Project



                                                                   $1,302,000
   -   Marina Dock Systems - City
                                                                   $1,400,000
   -  Pool and Clubhouse - City
              Infrastructure Improvements Sub-Total                $3,946,000
        Total Eligible Activities Total Cost                       $4,841,500
              Contingency (15%)                                     $726,225
Brownfield Plan Preparation and Development                          $30,000
                        TOTAL ELIGIBLE ACTIVITIES                  $5,597,725




                                               13                               5/7/2020
 City of Muskegon Brownfield Plan Amendment
     Harbor West, LLC Development Project




      ATTACHMENT Z-5

TAX CAPTURE ESTIMATES
     HARBOR WEST




                    14                        5/7/2020
                                                                                                                                                                                                        Tax Increment Revenue Capture Estimates
                                                                                                                                                                                                                      Harbor West
                                                                                                                                                                                                                  Muskegon, Michigan
                                                                                                                                                                                                                      May 7, 2020




                                      Estimated Taxable Value (TV) Increase Rate:
                                                                                    1.50%
                                                                       Plan Year            1                2                3                  4                  5                 6                     7                  8                  9                  10                 11                  12                  13                 14                 15                 16                 17                 18
                                                                  Calendar Year         2020                2021             2022               2023               2024              2025                  2026               2027               2028               2029               2030                2031                2032               2033               2034               2035               2036               2037
                                                            Base Taxable Value $        127,700         $   127,700      $     127,700      $        127,700   $    127,700      $     127,700      $        127,700      $     127,700      $     127,700      $     127,700      $         127,700   $         127,700   $     127,700      $     127,700      $     127,700      $     127,700      $     127,700      $     127,700
                                                             Estimated New TV $         127,700         $   150,000      $   1,125,000 $         2,475,000 $       2,512,125     $   2,549,807      $      2,588,054      $   2,626,875      $    2,666,278     $   2,706,272      $    2,746,866      $    2,788,069      $   2,829,890 $        2,872,339      $   2,915,424      $   2,959,155      $   3,003,542      $   3,048,595
                                    Incremental Difference (New TV - Base TV) $                 -       $    22,300      $     997,300      $    2,347,300     $   2,384,425     $   2,422,107      $      2,460,354      $   2,499,175      $   2,538,578      $   2,578,572      $    2,619,166      $    2,660,369      $   2,702,190      $   2,744,639      $   2,787,724      $   2,831,455      $   2,875,842      $   2,920,895


School Capture                               Millage Rate
State Education Tax (SET)                             6.0000                        $           -       $          134   $          5,984   $         14,084   $        14,307   $        14,533    $           14,762    $        14,995    $        15,231    $         15,471   $          15,715   $          15,962   $         16,213   $         16,468   $         16,726   $         16,989   $         17,255   $         17,525
                            School Total              6.0000                        $           -       $          134   $          5,984   $         14,084   $        14,307   $        14,533    $           14,762    $        14,995    $        15,231    $         15,471   $          15,715   $          15,962   $         16,213   $      16,468      $         16,726   $         16,989   $         17,255   $         17,525


Local Capture                                Millage Rate
City Operating                                       10.0865                        $               -   $          225   $        10,059    $         23,676   $        24,051   $        24,431    $           24,816    $        25,208    $        25,605    $         26,009   $          26,418   $          26,834   $         27,256   $         27,684   $         28,118   $         28,559   $         29,007   $         29,462
County Operating                                      5.6984                        $               -   $          127   $          5,683   $         13,376   $        13,587   $        13,802    $           14,020    $        14,241    $        14,466    $         14,694   $          14,925   $          15,160   $         15,398   $         15,640   $         15,886   $         16,135   $         16,388   $         16,644
City Sanitation                                       3.0000                        $               -   $           67   $          2,992   $          7,042   $         7,153   $          7,266   $             7,381   $          7,498   $          7,616   $          7,736   $           7,857   $           7,981   $          8,107   $          8,234   $          8,363   $          8,494   $          8,628   $          8,763
County Museum                                         0.3221                        $               -   $            7   $           321    $           756    $          768    $           780    $              792    $           805    $           818    $           831    $            844    $            857    $           870    $           884    $           898    $           912    $           926    $           941
Senior Services                                       0.5000                        $               -   $           11   $           499    $          1,174   $         1,192   $          1,211   $             1,230   $          1,250   $          1,269   $          1,289   $           1,310   $           1,330   $          1,351   $          1,372   $          1,394   $          1,416   $          1,438   $          1,460
County Veterans                                       0.0752                        $               -   $            2   $            75    $           177    $          179    $           182    $              185    $           188    $           191    $           194    $            197    $            200    $           203    $           206    $           210    $           213    $           216    $           220
Central Dispatch                                      0.3000                        $               -   $            7   $           299    $           704    $          715    $           727    $              738    $           750    $           762    $           774    $            786    $            798    $           811    $           823    $           836    $           849    $           863    $           876
Comm College                                          2.2037                        $               -   $           49   $          2,198   $          5,173   $         5,255   $          5,338   $             5,422   $          5,507   $          5,594   $          5,682   $           5,772   $           5,863   $          5,955   $          6,048   $          6,143   $          6,240   $          6,337   $          6,437
MAISD                                                 4.7580                        $               -   $          106   $          4,745   $         11,168   $        11,345   $        11,524    $           11,706    $        11,891    $        12,079    $         12,269   $          12,462   $          12,658   $         12,857   $         13,059   $         13,264   $         13,472   $         13,683   $         13,898
Hackley Library                                       2.4000                        $               -   $           54   $          2,394   $          5,634   $         5,723   $          5,813   $             5,905   $          5,998   $          6,093   $          6,189   $           6,286   $           6,385   $          6,485   $          6,587   $          6,691   $          6,795   $          6,902   $          7,010
                              Local Total            29.3439                        $           -       $          654   $        29,265    $         68,879   $        69,968   $        71,074    $           72,196    $        73,336    $        74,492    $         75,665   $          76,857   $          78,066   $         79,293   $      80,538      $         81,803   $         83,086   $         84,388   $         85,710


Non-Capturable Millages                      Millage Rate
Comm College Debt                                     0.3400                        $               -   $            8   $           339    $           798    $          811    $           824    $              837    $           850    $           863    $           877    $            891    $            905    $           919    $           933    $           948    $           963    $           978    $           993
Hackley Debt                                          0.4522                        $               -   $           10   $           451    $          1,061   $         1,078   $          1,095   $             1,113   $          1,130   $          1,148   $          1,166   $           1,184   $           1,203   $          1,222   $          1,241   $          1,261   $          1,280   $          1,300   $          1,321
MPS Debt - 1995                                       3.9600                        $               -   $           88   $          3,949   $          9,295   $         9,442   $          9,592   $             9,743   $          9,897   $        10,053    $         10,211   $          10,372   $          10,535   $         10,701   $         10,869   $         11,039   $         11,213   $         11,388   $         11,567
MPS Debt - 2009                                       3.4000                        $               -   $           76   $          3,391   $          7,981   $         8,107   $          8,235   $             8,365   $          8,497   $          8,631   $          8,767   $           8,905   $           9,045   $          9,187   $          9,332   $          9,478   $          9,627   $          9,778   $          9,931
School Sinking Fund                                   1.0000                        $               -   $           22   $           997    $          2,347   $         2,384   $          2,422   $             2,460   $          2,499   $          2,539   $          2,579   $           2,619   $           2,660   $          2,702   $          2,745   $          2,788   $          2,831   $          2,876   $          2,921
             Total Non-Capturable Taxes               9.1522                        $           -       $          204   $          9,127   $         21,483   $        21,823   $        22,168    $           22,518    $        22,873    $        23,234    $         23,600   $          23,971   $          24,348   $         24,731   $      25,119      $         25,514   $         25,914   $         26,320   $         26,733




                      Total Tax Increment Revenue (TIR) Available for Capture $                     -   $          788   $        35,248    $         82,963   $        84,275   $        85,607    $           86,959    $        88,331    $        89,723    $         91,137   $          92,572   $          94,028   $         95,506   $         97,006   $         98,529   $     100,075      $     101,643      $     103,236

Footnotes:
Assumes Millage Rates remain unchanged
TV increases assumed based on lot sales and new construction of homes
Annual inflation of 1.5% assumed following construction completion




                                                                                                                                                                                                                                                                                                                                                                                                                                             April 2017
                                                                                                                                                            Tax Increment Revenue Capture Estimates
                                                                                                                                                                          Harbor West
                                                                                                                                                                      Muskegon, Michigan
                                                                                                                                                                          May 7, 2020




                                      Estimated Taxable Value (TV) Increase Rate:

                                                                       Plan Year         19                 20                 21                 22                 23                 24                 25                 26                 27                 28                 29                 30                 31                TOTAL
                                                                  Calendar Year         2038               2039               2040               2041               2042               2043               2044               2045               2046               2047               2048               2049               2050
                                                            Base Taxable Value $          127,700      $     127,700      $     127,700      $     127,700      $      127,700     $     127,700      $     127,700      $     127,700      $     127,700      $     127,700      $     127,700      $     127,700      $     127,700      $     127,700
                                                             Estimated New TV $         3,094,324      $   3,140,739      $   3,187,850      $   3,235,668      $    3,284,203     $   3,333,466      $   3,383,468      $   3,434,220      $   3,485,733      $   3,538,019      $   3,591,090      $   3,644,956      $   3,699,630      $    3,699,630
                                    Incremental Difference (New TV - Base TV) $         2,966,624      $   3,013,039      $   3,060,150      $   3,107,968      $    3,156,503     $   3,205,766      $   3,255,768      $   3,306,520      $   3,358,033      $   3,410,319      $   3,463,390      $   3,517,256      $   3,571,930      $    3,571,930


School Capture                               Millage Rate
State Education Tax (SET)                             6.0000                        $         17,800   $         18,078   $         18,361   $         18,648   $         18,939   $         19,235   $         19,535   $         19,839   $         20,148   $         20,462   $         20,780   $         21,104   $         21,432   $     496,714
                            School Total              6.0000                        $         17,800   $         18,078   $         18,361   $         18,648   $         18,939   $         19,235   $         19,535   $         19,839   $         20,148   $         20,462   $         20,780   $         21,104   $         21,432   $     496,714


Local Capture                                Millage Rate
City Operating                                       10.0865                        $         29,923   $         30,391   $         30,866   $         31,349   $         31,838   $         32,335   $         32,839   $         33,351   $         33,871   $         34,398   $         34,933   $         35,477   $         36,028   $     835,018
County Operating                                      5.6984                        $         16,905   $         17,170   $         17,438   $         17,710   $         17,987   $         18,268   $         18,553   $         18,842   $         19,135   $         19,433   $         19,736   $         20,043   $         20,354   $     471,746
City Sanitation                                       3.0000                        $          8,900   $          9,039   $          9,180   $          9,324   $          9,470   $          9,617   $          9,767   $          9,920   $         10,074   $         10,231   $         10,390   $         10,552   $         10,716   $     248,357
County Museum                                         0.3221                        $           956    $           970    $           986    $          1,001   $          1,017   $          1,033   $          1,049   $          1,065   $          1,082   $          1,098   $          1,116   $          1,133   $          1,151   $      26,665
Senior Services                                       0.5000                        $          1,483   $          1,507   $          1,530   $          1,554   $          1,578   $          1,603   $          1,628   $          1,653   $          1,679   $          1,705   $          1,732   $          1,759   $          1,786   $      41,393
County Veterans                                       0.0752                        $           223    $           227    $           230    $           234    $           237    $           241    $           245    $           249    $           253    $           256    $           260    $           264    $           269    $        6,225
Central Dispatch                                      0.3000                        $           890    $           904    $           918    $           932    $           947    $           962    $           977    $           992    $          1,007   $          1,023   $          1,039   $          1,055   $          1,072   $      24,836
Comm College                                          2.2037                        $          6,538   $          6,640   $          6,744   $          6,849   $          6,956   $          7,065   $          7,175   $          7,287   $          7,400   $          7,515   $          7,632   $          7,751   $          7,871   $     182,435
MAISD                                                 4.7580                        $         14,115   $         14,336   $         14,560   $         14,788   $         15,019   $         15,253   $         15,491   $         15,732   $         15,978   $         16,226   $         16,479   $         16,735   $         16,995   $     393,894
Hackley Library                                       2.4000                        $          7,120   $          7,231   $          7,344   $          7,459   $          7,576   $          7,694   $          7,814   $          7,936   $          8,059   $          8,185   $          8,312   $          8,441   $          8,573   $     198,686
                              Local Total            29.3439                        $         87,052   $         88,414   $         89,797   $         91,200   $         92,624   $         94,070   $         95,537   $         97,026   $         98,538   $     100,072      $     101,629      $     103,210      $     104,814      $    2,429,254


Non-Capturable Millages                      Millage Rate
Comm College Debt                                     0.3400                        $          1,009   $          1,024   $          1,040   $          1,057   $          1,073   $          1,090   $          1,107   $          1,124   $          1,142   $          1,160   $          1,178   $          1,196   $          1,214   $      28,147
Hackley Debt                                          0.4522                        $          1,342   $          1,362   $          1,384   $          1,405   $          1,427   $          1,450   $          1,472   $          1,495   $          1,519   $          1,542   $          1,566   $          1,591   $          1,615   $      37,436
MPS Debt - 1995                                       3.9600                        $         11,748   $         11,932   $         12,118   $         12,308   $         12,500   $         12,695   $         12,893   $         13,094   $         13,298   $         13,505   $         13,715   $         13,928   $         14,145   $     327,831
MPS Debt - 2009                                       3.4000                        $         10,087   $         10,244   $         10,405   $         10,567   $         10,732   $         10,900   $         11,070   $         11,242   $         11,417   $         11,595   $         11,776   $         11,959   $         12,145   $     281,471
School Sinking Fund                                   1.0000                        $          2,967   $          3,013   $          3,060   $          3,108   $          3,157   $          3,206   $          3,256   $          3,307   $          3,358   $          3,410   $          3,463   $          3,517   $          3,572   $      82,786
             Total Non-Capturable Taxes               9.1522                        $         27,151   $         27,576   $         28,007   $         28,445   $         28,889   $         29,340   $         29,797   $         30,262   $         30,733   $         31,212   $         31,698   $         32,191   $         32,691   $     757,671




                      Total Tax Increment Revenue (TIR) Available for Capture $           104,852      $     106,493      $     108,158      $     109,848      $      111,563     $     113,304      $     115,072      $     116,865      $     118,686      $     120,534      $     122,410      $     124,314      $     126,246      $    2,925,968

Footnotes:
Assumes Millage Rates remain unchanged
TV increases assumed based on lot sales and new construction of homes
Annual inflation of 1.5% assumed following construction completion




                                                                                                                                                                                                                                                                                                                                                            April 2017
                                                                                                          Tax Increment Financing Reimbursement Table
                                                                                                                          Harbor West
                                                                                                                      Muskegon, Michigan
                                                                                                                           May 7, 2020




                                                   Developer
                                                   Maximum                                                School & Local    Local-Only
                                                Reimbursement                          Proportionality        Taxes           Taxes            Total                                                                                                          Estimated Capture
                                                     State                                  13.8%         $       2,454     $      -       $     2,454                                   Estimated Total                                                      Administrative Fees
                                                      Local                                 86.2%         $      15,371     $ 2,123,229    $ 2,138,600                                     Years of Plan:                   31                                State Revolving Fund
                                                     TOTAL                                                $      17,825     $ 2,123,229    $ 2,141,054                                                                                                        LBRF
                                                      EGLE                                                $      17,825     $       -      $ 17,825
                                                      MSF                                                 $         -       $       -      $       -

                                                                        2020                2021              2022         2023        2024                        2025               2026               2027               2028               2029               2030               2031
Total State Incremental Revenue                                     $              -    $       134 $             5,984 $   14,084 $                       -   $              -   $              -   $              -   $              -   $              -   $              -   $              -
State Brownfield Revolving Fund (50% of SET)                        $              -    $        (67) $          (2,992) $   (7,042) $                     -   $              -   $              -   $              -   $              -   $              -   $              -   $              -
State TIR Available for Reimbursement                               $              -    $         67 $            2,992 $     7,042 $                      -   $              -   $              -   $              -   $              -   $              -   $              -   $              -

Total Local Incremental Revenue                                     $              -    $        654 $           29,265 $        68,879 $       69,968 $            71,074 $           72,196 $           73,336 $           74,492 $           75,665 $              76,857 $        78,066
BRA Administrative Fee                                              $              -    $       (654) $         (10,000) $      (10,000) $     (10,000) $          (10,000) $         (10,000) $         (10,000) $         (10,000) $         (10,000) $            (10,000) $      (10,000)
Local TIR Available for Reimbursement                               $              -    $          - $           19,265 $        58,879 $       59,968 $            61,074 $           62,196 $           63,336 $           64,492 $           65,665 $              66,857 $        68,066

Total State & Local TIR Available                                   $              -    $            67   $      22,257     $   65,921     $    59,968         $    61,074        $    62,196        $    63,336        $    64,492        $    65,665        $      66,857      $    68,066
                                                   Beginning
DEVELOPER                                           Balance
DEVELOPER Reimbursement Balance                $      5,597,725     $ 5,597,725         $ 5,597,658       $   5,576,006     $ 5,517,127    $ 5,457,159         $ 5,396,085        $ 5,333,889        $ 5,270,553        $ 5,206,061        $ 5,140,396        $ 5,073,539        $ 5,005,474




Non-Environmental Costs                        $                -   $              -    $             -   $             -   $          -   $               -   $              -   $              -   $              -   $              -   $              -   $              -   $              -
  State Tax Reimbursement                                           $          -        $        -        $         -       $      -       $           -       $          -       $          -       $          -       $          -       $          -       $          -       $          -
  Local Tax Reimbursement                                           $          -        $        -        $         -       $      -       $           -       $          -       $          -       $          -       $          -       $          -       $          -       $          -
  Total Reimbursement Balance                                       $              -    $             -   $             -   $          -   $               -   $              -   $              -   $              -   $              -   $              -   $              -   $              -

Environmental Costs                            $          17,825    $    17,825         $     17,825      $      17,758     $          -   $               -   $              -   $              -   $              -   $              -   $              -   $              -   $              -
   State Tax Reimbursement                                          $       -           $          67     $       2,387     $      -       $           -       $          -       $          -       $          -       $          -       $          -       $          -       $          -
   Local Tax Reimbursement                                          $       -           $        -        $      15,371     $      -       $           -       $          -       $          -       $          -       $          -       $          -       $          -       $          -
   Total Reimbursement Balance                                      $    17,825         $     17,758      $           -     $          -   $               -   $              -   $              -   $              -   $              -   $              -   $              -   $              -

Local Only Costs                          $            5,579,900    $ 5,579,900         $ 5,579,900       $   5,579,900     $ 5,576,006    $ 5,517,127         $ 5,457,159        $ 5,396,085        $ 5,333,889        $ 5,270,553        $ 5,206,061        $ 5,140,396        $ 5,073,539
   Local Tax Reimbursement                                          $       -           $       -         $       3,894     $    58,879    $    59,968         $    61,074        $    62,196        $    63,336        $    64,492        $    65,665        $    66,857        $    68,066
   Total Local Only Reimbursement Balance                           $ 5,579,900         $ 5,579,900       $   5,576,006     $ 5,517,127    $ 5,457,159         $ 5,396,085        $ 5,333,889        $ 5,270,553        $ 5,206,061        $ 5,140,396        $ 5,073,539        $ 5,005,474

Total Annual Developer Reimbursement                                $              -    $            67   $      21,652     $   58,879     $    59,968         $    61,074        $    62,196        $    63,336        $    64,492        $    65,665        $      66,857      $    68,066

LOCAL BROWNFIELD REVOLVING FUND
LBRF Deposits *                                                         $           - $          - $           605 $       1,849 $                         -   $              -   $              -   $              -   $              -   $              -   $              -   $              -
       State Tax Capture                         $                  - $             - $          - $           605 $       1,849 $                         -   $              -   $              -   $              -   $              -   $              -   $              -   $              -
       Local Tax Capture                         $                  - $             - $          - $             - $            - $                        -   $              -   $              -   $              -   $              -   $              -   $              -   $              -
       Total LBRF Capture
 * Up to five years of capture for LBRF deposits after eligible activities are reimbursed. May be taken from EGLE & Local TIR only.
Footnotes:
(1) Assumes taxable value increases based on proposed build out, plus 1.5% annual increases for
inflation thereafter.

(2) Assumes Millage Rates remain constant.



                                                                                                                                                                                                                                                                                                April 2017
                                                                                                                    Tax Increment Financing Reimbursement Table
                                                                                                                                    Harbor West
                                                                                                                                Muskegon, Michigan
                                                                                                                                     May 7, 2020




                                                $ 2,449,456
                                                $    290,654
                                                $     10,101
                                                $      2,454




                                                    2032               2033               2034               2035               2036               2037               2038               2039               2040               2041               2042               2043               2044               2045
Total State Incremental Revenue              $                 -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -
State Brownfield Revolving Fund (50% of SET) $                 -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -
State TIR Available for Reimbursement        $                 -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -

Total Local Incremental Revenue                 $     79,293 $          80,538 $           81,803 $           83,086 $           84,388 $           85,710 $           87,052 $           88,414 $           89,797 $           91,200 $           92,624 $           94,070 $           95,537 $           97,026
BRA Administrative Fee                          $    (10,000) $        (10,000) $         (10,000) $         (10,000) $         (10,000) $         (10,000) $         (10,000) $         (10,000) $         (10,000) $         (10,000) $         (10,000) $         (10,000) $         (10,000) $         (10,000)
Local TIR Available for Reimbursement           $     69,293 $          70,538 $           71,803 $           73,086 $           74,388 $           75,710 $           77,052 $           78,414 $           79,797 $           81,200 $           82,624 $           84,070 $           85,537 $           87,026

Total State & Local TIR Available               $     69,293       $    70,538        $    71,803        $    73,086        $    74,388        $    75,710        $    77,052        $    78,414        $    79,797        $    81,200        $    82,624        $    84,070        $    85,537        $    87,026

DEVELOPER
DEVELOPER Reimbursement Balance                 $ 4,936,181        $ 4,865,643        $ 4,793,840        $ 4,720,754        $ 4,646,365        $ 4,570,655        $ 4,493,603        $ 4,415,188        $ 4,335,392        $ 4,254,192        $ 4,171,568        $ 4,087,498        $ 4,001,961        $ 3,914,935




Non-Environmental Costs                         $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -
  State Tax Reimbursement                       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -
  Local Tax Reimbursement                       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -
  Total Reimbursement Balance                   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -

Environmental Costs                             $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -
   State Tax Reimbursement                      $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -
   Local Tax Reimbursement                      $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -       $          -
   Total Reimbursement Balance                                     $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -

Local Only Costs                          $ 5,005,474              $ 4,936,181        $ 4,865,643        $ 4,793,840        $ 4,720,754        $ 4,646,365        $ 4,570,655        $ 4,493,603        $ 4,415,188        $ 4,335,392        $ 4,254,192        $ 4,171,568        $ 4,087,498        $ 4,001,961
   Local Tax Reimbursement                $    69,293              $    70,538        $    71,803        $    73,086        $    74,388        $    75,710        $    77,052        $    78,414        $    79,797        $    81,200        $    82,624        $    84,070        $    85,537        $    87,026
   Total Local Only Reimbursement Balance $ 4,936,181              $ 4,865,643        $ 4,793,840        $ 4,720,754        $ 4,646,365        $ 4,570,655        $ 4,493,603        $ 4,415,188        $ 4,335,392        $ 4,254,192        $ 4,171,568        $ 4,087,498        $ 4,001,961        $ 3,914,935

Total Annual Developer Reimbursement            $     69,293       $    70,538        $    71,803        $    73,086        $    74,388        $    75,710        $    77,052        $    78,414        $    79,797        $    81,200        $    82,624        $    84,070        $    85,537        $    87,026

LOCAL BROWNFIELD REVOLVING FUND
LBRF Deposits *                                  $             - $             - $          - $           - $          - $                                    -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -
       State Tax Capture                         $             - $             - $          - $           - $          - $                                    -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -
       Local Tax Capture                         $             - $             - $          - $           - $          - $                                    -   $              -   $              -   $              -   $              -   $              -   $              -   $              -   $              -
       Total LBRF Capture
 * Up to five years of capture for LBRF deposits after eligible activities are reimbursed. May be taken from EGLE & Local TIR only.
Footnotes:
(1) Assumes taxable value increases based on proposed build out, plus 1.5% annual increases for
inflation thereafter.

(2) Assumes Millage Rates remain constant.



                                                                                                                                                                                                                                                                                                              April 2017
                                             Tax Increment Financing Reimbursement Table
                                                             Harbor West
                                                         Muskegon, Michigan
                                                              May 7, 2020




                                                   2046               2047               2048               2049               2050               TOTAL
Total State Incremental Revenue              $                -   $              -   $              -   $              -   $              -   $     20,201
State Brownfield Revolving Fund (50% of SET) $                -   $              -   $              -   $              -   $              -   $    (10,101)
State TIR Available for Reimbursement        $                -   $              -   $              -   $              -   $              -   $     10,101

Total Local Incremental Revenue                $    98,538 $          100,072 $          101,629 $          103,210 $          104,814 $ 2,429,254
BRA Administrative Fee                         $   (10,000) $         (10,000) $         (10,000) $         (10,000) $         (10,000) $ (290,654)
Local TIR Available for Reimbursement          $    88,538 $           90,072 $           91,629 $           93,210 $           94,814 $ 2,138,600

Total State & Local TIR Available              $    88,538        $    90,072        $    91,629        $    93,210        $    94,814        $ 2,148,700

DEVELOPER
DEVELOPER Reimbursement Balance                $ 3,826,397        $ 3,736,325        $ 3,644,696        $ 3,551,486        $ 3,456,671        $ 3,456,671




Non-Environmental Costs                        $              -   $              -   $              -   $              -   $              -
  State Tax Reimbursement                      $          -       $          -       $          -       $          -       $          -       $        -
  Local Tax Reimbursement                      $          -       $          -       $          -       $          -       $          -       $        -
  Total Reimbursement Balance                  $              -   $              -   $              -   $              -   $              -

Environmental Costs                            $              -   $              -   $              -   $              -   $              -
   State Tax Reimbursement                     $          -       $          -       $          -       $          -       $          -       $     2,454
   Local Tax Reimbursement                     $          -       $          -       $          -       $          -       $          -       $    15,371
   Total Reimbursement Balance                 $              -   $              -   $              -   $              -   $              -

Local Only Costs                          $ 3,914,935             $ 3,826,397        $ 3,736,325        $ 3,644,696        $ 3,551,486
   Local Tax Reimbursement                $    88,538             $    90,072        $    91,629        $    93,210        $    94,814        $ 2,123,229
   Total Local Only Reimbursement Balance $ 3,826,397             $ 3,736,325        $ 3,644,696        $ 3,551,486        $ 3,456,671

Total Annual Developer Reimbursement           $    88,538        $    90,072        $    91,629        $    93,210        $    94,814        $ 2,141,054

LOCAL BROWNFIELD REVOLVING FUND
LBRF Deposits *                                  $           - $              - $           - $             - $            - $      2,454
       State Tax Capture                         $           - $              - $           - $             - $            - $      2,454
       Local Tax Capture                         $           - $              - $           - $             - $            - $          -
       Total LBRF Capture
 * Up to five years of capture for LBRF deposits after eligible activities are reimbursed. May be taken from EGLE & Local TIR only.
Footnotes:
(1) Assumes taxable value increases based on proposed build out, plus 1.5% annual increases for
inflation thereafter.

(2) Assumes Millage Rates remain constant.



                                                                                                                                                              April 2017
City of Muskegon Brownfield Plan Amendment
    Harbor West, LLC Development Project




     ATTACHMENT Z-6

FACILITY CONFIRMATION




                   15                        5/7/2020
                            BASELINE ENVIRONMENTAL ASSESSMENT
CONDUCTED PURSUANT TO SECTION 20126(1)(C) OF 1994 PA 451, PART 201,
              AMENDED, AND THE RULES PROMULGATED THEREUNDER

                                                                FOR

                                                 VACANT PROPERTY
                                          1000 W. WESTERN AVENUE
                                        MUSKEGON, MICHIGAN 49441

                                                   OCTOBER 31, 2018

                                                        Prepared for:

                                                    Harbor West, LLC
                                            108 South University Ave
                                                              Suite 6
                                        Mt. Pleasant, Michigan 48858




                                                        Prepared by:

                                    ENVIROLOGIC TECHNOLOGIES, INC.
                                             2960 Interstate Parkway
                                          Kalamazoo, Michigan 49048
                                                      (269) 342-1100
                                                           TABLE OF CONTENTS

1.    INTRODUCTION AND DISCUSSION...................................................................................... 1
       A.   OWNER/OPERATOR INFORMATION................................................................................................ 1
       B.   INTENDED USE OF PROPERTY ....................................................................................................... 1
       C.   PHASE I ESA SUMMARY RECOGNIZED ENVIRONMENTAL CONDITIONS ............................................... 1
       D.   EXCEPTIONS/DELETIONS FROM ASTM 1527-05............................................................................. 1
       E.   PHASE I ESA DATA GAPS DISCUSSION ............................................................................................ 1
       F.   SAMPLING DISCUSSION PURPOSE/METHODS ............................................................................... 2
       G.   KNOWN CONTAMINATION LOCATIONS AND ENVIRONMENTAL MEDIA ................................................ 2
       H.     ACILITY DEMONSTRATION ....................................................................................................... 3

2.    PROPERTY INFORMATION .................................................................................................. 4
       A. PROPERTY LEGAL DESCRIPTION ..................................................................................................... 4
       B. & C. SURVEY MAP, PROPERTY TAX IDENTIFICATION NUMBER(S) .......................................................... 4
       D. LOCATION MAP ......................................................................................................................... 6
       E. PROPERTY LOCATION .................................................................................................................. 8
       F. SPATIAL DATA ............................................................................................................................ 8
3.    FACILITY STATUS ................................................................................................................ 9
       A. ANALYTICAL TABLE ..................................................................................................................... 9
       B. L ABORATORY ANALYTICAL DATA SHEETS AND CHAIN OF CUSTODY ........................................................ 9
4.    IDENTIFICATION OF THE AUTHOR OF THE BEA .................................................................. 10
5.    ASTM 1527-13 PHASE I ENVIRONMENTAL SITE ASSESSMENT ............................................ 11
6.    REFERENCES .................................................................................................................... 12


                                                                    FIGURES

FIGURE 1: !"#$%!&'(#) ...................................................................................................................... 7
FIGURE 2: *%$+',-#&'.%$/'0&#-1$%"#-'2#$#............................................................................................. 5

                                                                     TABLES

TABLE 1: *)#$%#-'2#$# .......................................................................................................................... 8
TABLE 2:                                                     ................................................................................... 9
'
                                                                 APPENDICES

APPENDIX A: ,/#3+'44'5&6%7!&8+&$#-'*%$+'033+338+&$'95&6%7!-!:%";';'?@A>B


                                                                          i
                               1. INTRODUCTION AND DISCUSSION

A. Owner/Operator Information
Current Owner: Harbor West LLC


B. Intended Use of Property
Harbor West LLC purchased the property on October 30, 2018, and intends to develop the subject
property with multiple condominiums.


The subject property location map and site plan are included in Figures 1 and 2, respectively.


C. Phase I ESA Summary Recognized Environmental Conditions
Recognized environmental conditions (RECs) were identified in the June 22, 2018, Phase I
Environmental Site Assessment (ESA) report conducted by Envirologic. These RECs include the
following:


      Previous environmental studies have demonstrated the presence of contaminants at


       and surrounding area.
      The former Shaw-Walker/Lakeview Industrial Center property located across W. Western
       Avenue to the south represents a vapor encroachment threat based on the former
       detections of both chlorinated and petroleum-related contaminants in soil and
       groundwater.


D. Exceptions/Deletions from ASTM 1527-05
No exceptions to or deletions from the ASTM 1527-13 Phase I ESA standard have been identified
in the June 22, 2018, Phase I ESA.


E. Phase I ESA Data Gaps Discussion
A data gap is the inability to obtain information within the scope of the Phase I ESA. No data gaps
were encountered for the Phase I ESA.


A data failure is the absence of information typically used to complete a Phase I ESA. No data
failures were encountered for the Phase I ESA.



                                                 1
F. Sampling Discussion Purpose/Methods
On October 24 25, 2017, Envirologic initiated and completed field activities at the subject
property in order to characterize soil and groundwater conditions. These activities included the
installation of nine soil borings located at various locations across the subject property based on a
proposed preliminary site plan layout. The boring locations were selected based on the locations
of various features shown in the preliminary site plan, such as residencies (GP-1 through GP-7), a
playground (GP-9), and a swimming pool (GP-8). Activities also included the collection of shallow
soil samples (6 inches below the ground surface) in order to characterize soils for direct contact
exposures. Deeper soil samples (approximately 2 6 feet below the ground surface) were collected
to better characterize the historically contaminated fill-type soils at the subject property and in
the surrounding Muskegon Lake area. Because of previous environmental investigations that
identified the presence of trichloroethene and vinyl chloride in groundwater, groundwater
samples were collected from temporary monitoring wells that were installed in each of the soil
borings. All the soil samples were submitted for analysis of select metals and polynuclear
aromatic hydrocarbons (PNAs, method 8270), and all of the groundwater samples were submitted
for volatile organic compound (VOC) analysis (method 8260). Soil samples were not analyzed for
VOCs since there was no evidence of VOC impact such as significant photoionization detector
(PID) readings, staining, odors, etc. in soil.


A review of the soil analytical results indicates that the detection of PNAs was limited to one
boring location, GP-1, located in the northwest corner of the subject property. The reported
concentrations of the 10 PNA constituents detected do not exceed any current MDEQ Residential
or Non-Residential cleanup criterion. Select metals were detected in each of the soil samples
collected. Of those metals detected, total mercury, copper, arsenic, selenium, and silver were
detected in concentrations exceeding the groundwater surface water interface protection criteria;
the concentration of arsenic also exceeded the residential drinking water and direct contact
criterion.


The Phase II ESA laboratory analytical results demonstrate that the subject property meets the
                       ,                     201 of NREPA.


G. Known Contamination Locations and Environmental Media
Soil contaminants detected on the subject property exceeding cleanup criteria were found site-
wide at all nine soil boring locations and included arsenic, copper, selenium, silver, and mercury.
Selenium concentrations exceed cleanup criteria in every boring except GP-6, located in the

                                                  2
eastern portion of the property beneath proposed residencies. Silver concentrations exceed
cleanup criteria in every boring except GP-9, located in the central portion of the property at a
proposed playground area. Both arsenic and copper concentrations exceed cleanup criteria in two
boring locations: GP-2, located beneath proposed residencies in the northwest portion of the
property, and GP-5, located beneath proposed residences in the eastern portion of the property.
The only detection of mercury on the property was also an exceedance. The mercury exceedance
was detected at GP-7, located near the eastern property boundary, beneath proposed residencies.


The known contamination on the property is consistent with the findings of the 2008 *C88#71'
D+)!7$'07+#EF%G+'033+338+&$'!H'I%3$!7%"'J%--'!H'(C3K+:!&' #K+'*/!7+-%&+;'(C3K+:!&;'(%"/%:#&'
prepared by Environmental Resources Management and Superior Environmental Corp. This
previous study identified the presence of contaminated historic fill soils along the Muskegon Lake
Shoreline and included samples collected from the subject property.


The presence of arsenic, copper, selenium, silver, and mercury detected in soil at concentrations
that exceed current Part 201 generic residential cleanup criteria and screening levels
demonstrates that the subject property has been
of the NREPA.


Refer to Figure 2 for a site plan detailing the sample locations and concentrations of contaminants
identified in association with the subject property.


H.


in soil on the subject property at concentrations in excess of MDEQ Residential cleanup criteria.
The contaminants identified include:


        Mercury                                            Selenium
        Copper                                             Silver
        Arsenic




                                                 3
                                  2. PROPERTY INFORMATION

A. Property Legal Description
The subject property consists of two parcels. Parcel 1 (tax identification number 61-24-205-574-
0001-10) will be purchased whole, and a portion of Parcel 2 (tax identification number 61-24-205-
574-0001-20) will be purchased. A legal description for the property being transferred and a
Property Identification Number have not yet been created.


B. & C. Survey Map, Property Tax Identification Number(s)
A scaled site map showing the subject property and sampling locations is presented as Figure 2.




                                                4
D. Location Map




                  6
 E. Property Location
 The subject property is located at 1000 W. Western Avenue in the City of Muskegon.


 F. Spatial Data


                                      Table 1: Spatial Data

           City/Village/                                       Quarter-
 County                    Town   Range   Section    Quarter               Latitude     Longitude
            Township                                           Quarter


             City of
Muskegon                   10 N   17 W      25         SE        SE       43.229411    -86.266330
           Muskegon



 Latitude and Longitude information was obtained from interpolation of aerial photography.




                                                 8
                                         3. FACILITY STATUS

A. Analytical Table


                            Table 2:
                                                                     Sample
                                                    Maximum
     Hazardous Substance           CAS Number                       Location    Media Affected
                                                  Concentration
                                                                   and Depth
              Arsenic                  7440382       8,300 µg/kg   GP-5 @ 6          Soil
              Copper                   7440508    110,000 µg/kg    GP-               Soil
          Mercury (total)               Varies       170 µg/kg     GP-               Soil
             Selenium                  7782492       880 µg/kg     GP-               Soil
               Silver                  7440224       980 µg/kg     GP-               Soil


B. Laboratory Analytical Data Sheets and Chain of Custody
The laboratory analytical data sheets are included in the November 7, 2017, Phase II ESA
completed by Envirologic, which is included in Appendix A of this Baseline Environmental
Assessment (BEA).




                                                 9
                         4. IDENTIFICATION OF THE AUTHOR OF THE BEA

The following individuals have conducted this Baseline Environmental Assessment.

F+'G+"-#7+'$/#$;'$!'$/+'=+3$'!H'!C7')7!H+33%!&#-'K&!.-+G:+'#&G'=+-%+H;'.+'8++$'$/+'G+H%&%$%!&'!H'
5&6%7!&8+&$#-',7!H+33%!&#-'#3'G+H%&+G'%&'LMA?NA@'!H'$/%3')#7$N''F+'/#6+'$/+'3)+"%H%"'OC#-%H%"#$%!&3'
=#3+G'!&'+GC"#$%!&;'$7#%&%&:;'#&G'+P)+7%+&"+'$!'#33+33'#')7!)+7$1'!H'$/+'&#$C7+;'/%3$!71'#&G'
3+$$%&:'!H'$/+'3C=Q+"$')7!)+7$1N''F+'/#6+'G+6+-!)+G'#&G')+7H!78+G'#--'#))7!)7%#$+'%&OC%7%+3'%&'
"!&H!78#&"+'.%$/'$/+'3$#&G#7G3'#&G')7#"$%"+3'3+$'H!7$/'%&'R@'SJD'MA?N'
'



David A. Stegink
Associate Vice President Senior Environmental Scientist
David A. Stegink graduated from Hope College with a Bachelor of Science degree in
Chemistry/Biology and has over 30 years of environmental related experience. Mr. Stegink has
been a Project Manager for Envirologic since 1991. Between 1984 and 1991, Mr. Stegink served as
a Chemist and Operations Manager for a commercial hazardous waste treatment facility. Mr.

Phase I and II ESAs, Baseline Environmental Assessments, Brownfield Redevelopment, hazardous
waste management, underground storage tanks, stormwater management, and environmental
policy and regulations.



Zach Curry
Project Scientist
Zach Curry worked under the supervision of Mr. Stegink
Applied Arts and Science from Muskegon Community College and a Bachelor of Geology from Grand
Valley State University. He has conducted original research and field studies in a variety of settings
from glaciated Precambrian bedrock in Minnesota to sedimentary beds in Kentucky. Mr. Curry is
proficient with ArcGIS software to map and analyze geologic features.




                                    Envirologic Technologies, Inc.
                                      2960 Interstate Parkway
                                    Kalamazoo, Michigan 49048
                                           (269) 342-1100




                                                  10
            RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT

                       Harbor West LLC 1000-1060 West Western Ave

                                       (Hartshorn Village)

                                        City of Muskegon

                                County of Muskegon, Michigan



       Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the “City”), virtually on the City of Muskegon’s Facebook Page on the 9th
day of June, 2020 at 5:30 p.m., prevailing Eastern Time.

PRESENT:

ABSENT:

       The following preamble and resolution were offered by Commissioner
___________________ and supported by Commissioner __________________.

       WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996,
as amended (“Act 381”), the City of Muskegon Brownfield Redevelopment Authority (the
“Authority”) has prepared and approved a Brownfield Plan Amendment to add Harbor West
LLC, 1000, 1010 and 1060 West Western Avenue; and

       WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to the City
Commission requesting its approval of the Brownfield Plan Amendment; and

       WHEREAS, the City Commission has provided notice and a reasonable opportunity to
the taxing jurisdictions levying taxes subject to capture to express their views and
recommendations regarding the Brownfield Plan Amendment, as required by Act 381; and

       WHEREAS, not less than 10 days has passed since the City Commission provided
notice of the proposed Brownfield Plan to the taxing units; and

       WHEREAS, the City Commission held a public hearing on the proposed Brownfield Plan
on June 9, 2020.

       NOW, THEREFORE, BE IT RESOLVED THAT:
       1. That the Brownfield Plan constitutes a public purpose under Act 381.
       2. That the Brownfield Plan meets all the requirements of Section 13(1) of Act 381.
       3. That the proposed method of financing the costs of the eligible activities, as identified
          in the Brownfield Plan and defined in Act 381, is feasible and the Authority has the
          authority to arrange the financing.
       4. That the costs of the eligible activities proposed in the Brownfield Plan are
          reasonable and necessary to carry out the purposes of Act 381.
       5. That the amount of captured taxable value estimated to result from the adoption of
          the Brownfield Plan is reasonable.
       6. That the Brownfield Plan in the form presented is approved and is effective
          immediately.
       7. That all resolutions or parts of resolutions in conflict herewith shall be and the same
          are hereby rescinded.

       Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute
all documents necessary or appropriate to implement the provisions of the Brownfield Plan.



       AYES:

       NAYS:

       RESOLUTION DECLARED APPROVED.



                                                          Ann Marie Meisch, City Clerk




                                                          Stephen J Gawron, Mayor
       I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular virtual meeting held on June 9, 2020 and that said meeting was conducted and public
notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act,
being Act 267, Public Acts of Michigan, 1976, as amended, and altered under Michigan
Governor’s Executive Order 2020-75 (COVID-19) and that the minutes of said meeting were
kept and will be or have been made available as required by said Act.




                                                          Ann Marie Meisch, City Clerk
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: June 9, 2020                 Title: Transmittal of 2020-21 Proposed
                                                      Budget

Submitted By: Frank Peterson, City Manager            Department: City Manager

Brief Summary: At this time staff is transmitting to the City Commission the proposed budget for
fiscal year 2020-21 which starts July 1, 2020. Both hardcopy and electronic versions of the budget
have been distributed to Commissioners. Additionally, the budget is available for inspection on the
City’s website and at the City Clerk’s office.
The proposed budget was reviewed in detail with staff at the June 8, 2020 work session. A public
hearing on the budget will be held at the regular Commission meeting on June 9, 2020. City
ordinance requires that the budget be adopted by the Commission on or before the second
Commission meeting in June.


https://www.muskegon-
mi.gov/cresources/Commission%20Approval%20Budget%202021%20(june4).pdf



Detailed Summary: N/A



Amount Requested: N/A                                Amount Budgeted: N/A

Fund(s) or Account(s): N/A                           Fund(s) or Account(s): N/A

Recommended Motion: Approval of the proposed budget for fiscal year 2020-21.




For City Clerk Use Only:


Commission Action:
                                      CITY OF MUSKEGON
                                 RESOLUTION OF APPROPRIATION
                                        2020-21 BUDGET


        WHEREAS, the City Manager has submitted a proposed Budget for 2020-21 in accordance
with City Ordinance and Michigan Public Act 621 of 1978 known as the "Uniform Budgeting and
Accounting Act"; and,
        WHEREAS, the 2020-21 proposed Budget has been reviewed by the City Commission
following a public hearing for which due notice was given; NOW, THEREFORE, BE IT RESOLVED
that the Budget for the City of Muskegon for the fiscal year beginning July 1, 2020 is hereby
determined and adopted as follows:

                                          GENERAL FUND
 FUND
ACTIVITY
NUMBER            FUND/ACTIVITY NAME                                       AMOUNT

 101-10101       City Commission                                    $85,642.00
 101-10102       City Promotions & Public Relations                 $58,000.00
 101-10145       City Attorney                                     $380,000.00
 101-10172       City Manager                                      $442,010.00
 101-10875       Support to Outside Agencies                       $425,363.00
 101-10891       Contingency and Bad Debt Expense                  $100,000.00
 101-20215       City Clerk & Elections                            $622,802.00
 101-20220       Employee Relations                                $224,437.00
 101-30202       Finance Administration                            $640,541.00
 101-30205       Income Tax Administration                         $400,220.00
 101-30209       Assessing Services                                $349,000.00
 101-30248       Information Systems Administration                $530,926.00
 101-30253       City Treasurer                                    $625,823.00
 101-30851       Insurance Premiums                                $360,000.00
 101-30906       Debt Retirement                                   $445,100.00
 101-30999       Transfers to Other Funds                          $740,000.00
 101-40301       Police                                         $10,766,690.00
 101-50336       Fire                                            $3,285,760.00
 101-50338       Central Fire Station                               $75,000.00
 101-50387       Building Code Inspections and Enforcement       $2,349,360.00
 101-60265       City Hall Maintenance                             $295,402.00
 101-60446       Community Event Support/Downtown BID               $91,539.00
 101-60448       Streetlighting                                    $350,000.00
 101-60523       Sanitation                                      $2,267,799.00
 101-60550       Stormwater Management                              $14,000.00
 101-70276       Cemeteries Maintenance                            $498,897.00
 101-70751       Parks Maintenance                               $1,832,600.00
 101-70757       McGraft Park Maintenance                          $122,975.00
 101-80400       Planning, Zoning and Economic Development         $441,257.00
 101-90000      Major Capital Improvements                       $50,000.00
                Grand Total General Fund Appropriations
                                                              $28,871,143.00




                                OTHER BUDGETED FUNDS

 FUND
ACTIVITY
NUMBER           FUND/ACTIVITY NAME                                     AMOUNT

202,204           Major Streets and State Trunklines                    5,328,443
203               Local Streets                                         1,819,723
264               Criminal Forfeitures                                     28,314



   BE IT FURTHER RESOLVED that the revenues and other financing sources (including use of
prior year balances) for Fiscal Year 2019-20 are estimated as follows:


                                     GENERAL FUND

                    FUND/ACTIVITY NAME                                  AMOUNT

                  Taxes                                              $ 15,477,115
                  Licenses and Permits                                  2,629,500
                  Federal Grants                                           40,000
                  State Grants                                            776,000
                  State Shared Revenue                                  4,130,818
                  Charges for Sales & Services                          4,027,455
                  Interest & Operating Transfers                          428,500
                  Fines & Fees                                            643,647
                  Other Revenue                                           825,000



                  Total General Fund Revenue
                  Appropriations                                      $28,977,855


                                OTHER BUDGETED FUNDS

 FUND
ACTIVITY
NUMBER           FUND/ACTIVITY NAME                                     AMOUNT

202,204           Major Streets and State Trunklines                    6,310,774
203               Local Streets                                         1,654,958
264               Criminal Forfeitures                                          0
BE IT FURTHER RESOLVED that the operating expense projections for the following non-budget
funds are hereby approved:


 FUND
ACTIVITY
NUMBER              FUND/ACTIVITY NAME                                           AMOUNT

305                  TIFA Debt Service                                            $50,000
394                  Downtown Development Authority Debt                          599,373
290                  Local Finance Development Authority Debt                     445,100
295                  Brownfield Redevelopment Authority (Betten)                   30,813
296                  Brownfield Redevelopment Authority (Former Mall)             175,000
298                  Brownfield Redevelopment Authority (Terrace Point)           225,000
252                  Farmers Market & Kitchen 242                                 201,703
254                  L C Walker Arena                                           1,561,843
404                  Public Improvement Fund                                    2,427,324
482                  State Grants Fund                                                  0
590                  Sewer                                                     17,632,272
591                  Water                                                     15,362,682
594                  Marina/Launch Ramp                                           342,258
661                  Equipment                                                  3,065,294
642                  Public Service Building                                    1,101,205
643                  Engineering Services Fund                                    491,866
677                  General Insurance Fund                                     4,877,448


   BE IT FURTHER RESOLVED, that there is hereby appropriated for said fiscal year the several
amounts set forth above which, pursuant to the "Uniform Budget and Accounting Act", define the
City of Muskegon's appropriation centers, and

  BE IT FURTHER RESOLVED, that the City Manager is hereby empowered to transfer
appropriations within appropriation centers, and

   BE IT FURTHER RESOLVED, that there is hereby levied a general tax as herein fixed on each
dollar of taxable valuation for the purposes herein outlined, said levy to be applied on all taxable
real and personal property in the City of Muskegon as set forth in the assessment roll dated May
2018:

                          PURPOSE                                       MILLAGE (MILLS)

                     General Operating                                             9.9920
                     Sanitation Service                                            2.9976
                     Promotion                                                      .0824
                    Total                                                        13.0720

At a meeting of the City Commission of the City of Muskegon, on the Twenty-fifth Day of June 2019,
the foregoing resolution was moved for adoption by Commissioner German. Commissioner
Rinsema-Sybenga supported the motion.

Resolution declared adopted.


_________________________________                        __________________________________
Mayor                                                    City Clerk

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