City Commission Packet 09-12-2017

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     CITY OF MUSKEGON
      CITY COMMISSION MEETING
      SEPTEMBER 12, 2017 @ 5:30 P.M.
     MUSKEGON CITY COMMISSION CHAMBERS
    933 TERRACE STREET, MUSKEGON, MI 49440


                                 AGENDA

□    CALL TO ORDER:
□    PRAYER:
□    PLEDGE OF ALLEGIANCE:
□    ROLL CALL:
□    HONORS AND AWARDS:
□    INTRODUCTIONS/PRESENTATION:
     A. Presentation of 2017 Beautification Awards
□    CITY MANAGER’S REPORT:
□    CONSENT AGENDA:
     B. Approval of Minutes City Clerk
     C. Supplemental MERS Contribution Finance
     D. MERS Benefit Window City Manager
     E. Vinyl Siding Installer Contracts for Fiscal Year 2017     Community &
        Neighborhood Services Department
     F. Vinyl Siding Supplier Contract for Fiscal Year 2017       Community &
        Neighborhood Services Department
     G. Police Detective Vehicle     DPW/Equipment
     H. Leaf Vac        DPW/Equipment
     I. Water Main Purchase and Installation           Department of Public Works
     J. Selection of the Consultants for the Imagine Muskegon Lake Plan
        Planning & Economic Development
     K. Fund Transfer   City Manager

                                         Page 1 of 2
       L. GVSU Affiliate Agreement                City Manager
□   PUBLIC HEARINGS:
       A. 2016 Consolidated Annual Performance Evaluation Report (CAPER)
          Community and Neighborhood Services Department
           http://www.muskegon-mi.gov/cresources/Public%20Comment%20CAPER.pdf

       B. Amendments to the Downtown Development Plan and Tax Increment
          Finance Plan of the City of Muskegon Planning & Economic
          Development
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
►      Reminder: Individuals who would like to address the City Commission shall do the following:
►      Fill out a request to speak form attached to the agenda or located in the back of the room.
►      Submit the form to the City Clerk.
►      Be recognized by the Chair.
►      Step forward to the microphone.
►      State name and address.
►      Limit of 3 minutes to address the Commission.
►      (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- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.




                                                       Page 2 of 2
Memorandum
To:      Mayor and Commissioners

From: Frank Peterson

Re:      City Commission Meeting

Date: September 11, 2017

Here is a quick outline of the items on our agenda(s):

WORK SESSION

      1. Presentation from WMSRDC regarding the progress in removing Muskegon Lake’s
         designation as an Area of Concern.
      2. Presentation from Downtown Muskegon Now regarding the renewal of the Downtown
         Business Improvement District.
      3. Presentation on the Muskegon County Youth, Family, and Community Millage. The
         millage request will be on the November ballot.
      4. Discussion regarding the televising of Commission meetings.
      5. Closed Session for the purposes of collective bargaining.
      6. Other Business.

REGULAR MEETING

      1. Under Presentations, we will have one item:
            a. Beautification Award Presentations
      2. Under the Consent Agenda, we are asking the Commission to consider the following:
            a. Approval of meeting minutes from the most-recent City Commission meeting.
            b. Approval of a supplemental contribution to the MERS Pension system to offset
                unfunded liabilities. The contribution will have no direct effect on our
                budget/spending, as the funds have already been expensed for pension needs.
                We expense these dollars with each payroll based on estimated required pension
                contributions. Over the past two years, approximately $379,000 has been
                expensed as part of bi-weekly payrolls, but not collected by MERS. Accordingly,
                we are seeking permission to formally send these excess dollars to MERS to help
                reduce our unfunded liabilities. At the time of our most-recent valuation, we had
                $90.9 Million in assets and $111 Million in liabilities (based on a 7.75% investment
         return assumption). This supplemental payment will help reduce the $20 Million
         unfunded liability.
      c. Approval of a defined benefit adoption agreement that would open a temporary
         benefit to allow employees with at least 25 years of services to retire at age 53
         instead of the traditional age 55. The upfront cost for the benefit is less than
         $40,000, which can be recouped within two years if one or more eligible
         employees take advantage of the benefit.
      d. Approval of our vinyl siding installer for fiscal year 2017.
      e. Approval of our vinyl siding supplier for fiscal year 2017.
      f. Approval of the purchase of a new administrative vehicle for the police
         department. The Chevrolet Impala will replace an older model vehicle in the fleet.
      g. Approval of the purchase of a new leaf vacuum for the Public Works Department
      h. Approval of the purchase and installation of water main to improve the quality
         and reliability of water in the effected service area. This is accomplished with the
         replacement of a dead-end water main section with a looped water main section.
      i. Selection of consultants for the Imagine Muskegon Lake Plan, which is funded
         jointly by the City of Muskegon, the MEDC, and a number of generous partners.
      j. Approval of a $1 Million transfer from the General Fund to the Public
         Improvement Fund. These funds are available from FY 2016-17. We had a number
         of departments come in under budget – most importantly, the Police Department
         was nearly $800,000 under budget. Additionally, income taxes rebounded nicely
         at the end of the fiscal year and permit fee revenue was higher than expected.
         Given the number of capital project needs that exist throughout the community,
         it makes the most fiscal sense to deposit the excess dollars here while we plan for
         the future. Known capital improvement needs include streets, cemetery, LC
         Walker Arena, various parks, Public Services Building, and City Hall. Other
         community-related capital/investment needs that exist include new/improved
         housing, land for industrial/business expansions, and potentially a parking
         structure in the downtown.
      k. Approval of an affiliate agreement with GVSU. This agreement will allow
         Commissioner Warren to use her course work to benefit the community via her
         position on the City Commission.
3. Under Public Hearings, we will be take input on the following:
      a. The 2016 Consolidated Annual Performance Evaluation Report.
      b. Amendments to the City’s DDA Plan and the Tax Increment Finance Plan. The goal
         of the amendment is to exclude certain properties from the DDA tax capture to
         help the DDA secure a positive cash flow. Absent any changes, it is likely that the
         DDA will capture no tax dollars in 2017, despite carrying more than $1 Million in
             debt. The debt would then become the responsibility of the city’s General Fund.
             Note that we are not amending the boundaries of the DDA – we are simply
             changing which properties within the DDA will be used for the calculation of tax
             capture.


Let me know if you have any questions/comments/concerns
Date:     September 6, 2017
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Meisch, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the August 22, 2017
Regular City Commission Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
          AUGUST 22, 2017 @ 5:30 P.M.
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440


                                MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, July 25, 2017. Elder
Holmes, Holy Trinity Church, opened the meeting with prayer, after which the
Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present:    Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Debra Warren, Byron Turnquist, Willie German, Jr., and Dan
Rinsema-Sybenga, City Manager Franklin Peterson, City Attorney John Schrier,
and City Clerk Ann Meisch.
2017-68    CONSENT AGENDA:
     A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the July 25, 2017 Regular City
Commission Meeting and the minutes of the August 7, 2017 Worksession
Meeting.
FINANCIAL IMPACT:      None
BUDGET ACTION REQUIRED:       None
STAFF RECOMMENDATION:         Approval of the minutes.
     B. Justice Assistance Grant     Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission authorize the Director and the City Manager to enter into an
agreement with the City of Muskegon Heights and Muskegon County in regards
to the disbursement of the FY 2017 Justice Assistance Grant. It is further
requested that the Mayor be authorized to sign the Memorandum of
Understanding. Note that time is of the essence as this grant requires a
governing body review period and the grant submission and the grant deadline
is September 5.


                                        Page 1 of 8
Although the Bureau of Justice Assistance has designated us as being in a
disparate funding situation due to the County providing more than 50 % of the
jail facilities, our proposal is to keep the allocations exactly as they initially came
down from the BJA which is as follows: County of Muskegon - $0; City of
Muskegon - $24,226; and City of Muskegon Heights - $14,929. Note that BJA uses
crime data versus population in making these allocation decisions.
The City of Muskegon portion is planned to be used in continuation of the
manner in which the previous year’s JAG funding was used which is for the
prosecution of city ordinance cases dealing primarily with neighborhood issues.
FINANCIAL IMPACT:          None
BUDGET ACTION REQUIRED:           None
STAFF RECOMMENDATION:             Staff recommends approval of this request.
      C. Frank’s Taco Shack Concession Contract             Department of Public
         Works
SUMMARY OF REQUEST: Staff is asking permission to enter into a seasonal
contractual agreement, for 2017, with Frank Galindo of Frank’s Taco Shack, at
Pere Marquette Park, located within the City of Muskegon, to sell various items,
as stated in their proposal, from a mobile concession.
FINANCIAL IMPACT:          Concession revenue is 10% of gross receipts.
BUDGET ACTION REQUIRED:           None
STAFF RECOMMENDATION:         Enter into a season Concession/Business
contractual agreement, for 2017, with Frank Galindo of Frank’s Taco Shack.
      D. City-MDOT Agreement; Laketon from Getty to Creston (H1706-123986A)
         Department of Public Works
SUMMARY OF REQUEST: Approve the contract with MDOT for the reconstruction
of Laketon Avenue between Getty and Creston and approve the resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:         MDOT’s participation is limited to the approved federal
funds of $1,160,000. The estimated total construction cost is $2.2 million plus
engineering cost.
BUDGET ACTION REQUIRED:           None
STAFF RECOMMENDATION:         Approve the contract and resolution authorizing
the Mayor and Clerk to sign both.
      E. Roof Replacement – Water Filtration Plant Administration Building
         Department of Public Works/Water Filtration
SUMMARY OF REQUEST: Authorize staff to enter into a roof replacement
agreement at the Water Filtration Plant – Administration Building with Bob’s

                                           Page 2 of 8
Roofing since they submitted the lowest responsible bid of $66,000.
FINANCIAL IMPACT:         $66,000
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:           Authorize staff to enter into an agreement with
Bob’s Roofing for a cost of $66,000.
      I. Adopt a Resolution Approving the Liquor License Application for Pigeon
         Hill Brewing Co., LLC as a Small Distiller at 500 W. Western Avenue
         City Clerk
SUMMARY OF REQUEST: To adopt a resolution approving the liquor license
application for Pigeon Hill Brewing Co., LLC as a Small Distiller at W. Western
Avenue.
The primary purpose of seeking these licenses is to allow production of
packaged cocktails. A cocktail in a can or a keg. Those kegs/cans would then
be made available for sale throughout their distribution network. While some of
the products could be made available in the taproom, there are no plans to
turn the taproom into a cocktail bar or to add straight spirits to the menu.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:           Adopt a resolution approving the request of
Pigeon Hill Brewing Co., LLC for a liquor license as a Small Distiller at 500 W.
Western Avenue.
      J. Certification of MERS Representative            Finance
SUMMARY OF REQUEST: The MERS plan document provides that “the governing
body for each municipality shall certify the names of two (2) delegates to the
Annual Meeting. One delegate shall be a member who is an officer of the
municipality appointed by the governing body of the municipality. The other
delegate shall be a member who is not an officer of the municipality, elected
by the member officer/employees of the municipality.”
The City’s employee units previously agreed to a rotating system (based on date
of joining MERS) to select one official employee representative. This year the
official employee representative attending the MERS conference will be Howard
Usher from the 517M Union group.
It is recommended that Kenneth Grant (Assistant Finance Director) be
designated as the City’s employer delegate.
FINANCIAL IMPACT:        Registration for the MERS conference in Detroit, MI is
$250 per person, additionally, mileage, hotel and related costs will be incurred.
BUDGET ACTION REQUIRED:          None


                                           Page 3 of 8
STAFF RECOMMENDATION:          Certification of Kenneth Grant and Howard Usher
to be the City’s officer and employee delegates at the MERS annual meeting in
Detroit September 21-22, 2017.
      K. Approval of a Neighborhood Enterprise Zone Certificate – 321 Terrace
         Point Circle   Planning & Economic Development
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) certificate has been received from Kevin and Kim Durnell for the new
construction of a home at 321 Terrace Point Circle. This unit is already under
construction of the State Tax Commission allows applicants to apply for a
certificate up to six (6) months after construction commences. Construction
started in May with an estimated cost of $260,865. The applicant has met local
and state requirements for the issuance of the NEZ certificate.
FINANCIAL IMPACT:       Taxation will be 50% of the State average of new
homes for the next 12 years.
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          Approval of the NEZ certificate.
Motion by Commissioner Warren, second by Commissioner German, to approve
the consent agenda as presented, except items F, G, and H.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga,
           and Turnquist
            Nays: None
MOTION PASSES
2017-69        ITEMS REMOVED FROM THE CONSENT AGENDA:
      F. Consideration of Bids – City Hall Washing and Sealing Department of
         Public Works – Engineering
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with D.C.
Byers out of Grand Rapids to wash, caulk and seal City Hall for a bid price of
$67,147 since they submitted the lowest bid upon an on-site meeting with two
contactors, the other bid was Helms Caulking for $76,250.
FINANCIAL IMPACT:        $67,147
BUDGET ACTION REQUIRED:    A budget adjustment needs to be made since
the budgeted amount was only $30,000 in the 17/18 CIP under general fund.
STAFF RECOMMENDATION:          Authorize staff to enter into an agreement with
D.C. Byers and authorize the necessary budget adjustment via the 1st quarter
reforecast.
Motion by Commissioner Turnquist, second by Commissioner Rinsema-Sybenga,
to authorize staff to enter into an agreement with D.C. Byers as per the proposal

                                        Page 4 of 8
and authorize the necessary budget adjustment via the 1st quarterly reforecast.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga, Turnquist,
           and Johnson
            Nays: None
MOTION PASSES
      G. Approval of Building Contract for 1350 Eastwood Drive       Community
         and Neighborhood Services
SUMMARY OF REQUEST: To award the Building Contract for the rehabilitation of
1350 Eastwood Drive to TK Construction for the City of Muskegon’s Homebuyers
Program through CNS.
FINANCIAL IMPACT:        The funding for this project has been secured with 2016
HOME funds.
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:         To award TK Construction the rehabilitation
contract for 1350 Eastwood Drive in the amount of $111,275.00 for the
Community and Neighborhood Services Office.
Motion by Commissioner Turnquist, second by Commissioner Johnson, to award
TK Construction the rehabilitation contract for 1350 Eastwood Drive in the amount
of $111,275.00 for the Community and Neighborhood Services Office.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist,
           Johnson, and Gawron
            Nays: None
MOTION PASSES
      H. Adopt a Resolution Approving the Liquor License Application for Pigeon
         Hill Brewing Co., LLC as a Mixed Spirit Drink Manufacturer and Small
         Distiller at 441 W. Western City Clerk
SUMMARY OF REQUEST: To adopt a resolution approving the liquor license
application for Pigeon Hill Brewing Co., LLC as a Mixed Spirit Drink Manufacturer
and Small Distiller at 441 W. Western Avenue.
The primary purpose of seeking these licenses is to allow production of
packaged cocktails. A cocktail in a can or a keg. Those kegs/cans would then
be made available for sale throughout their distribution network. While some of
the products could be made available in the taproom, there are no plans to
turn the taproom into a cocktail bar or to add straight spirits to the menu.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None


                                         Page 5 of 8
STAFF RECOMMENDATION:           Adopt a resolution approving the request of
Pigeon Hill Brewing Co., LLC for a liquor license as a Mixed Spirit Drink
Manufacturer and Small Distiller at 441 W. Western Avenue.
Motion by Commissioner German, second by Commissioner Johnson, to adopt
a resolution approving the request of Pigeon Hill Brewing Co., LLC for a liquor
license as a Mixed Spirit Drink Manufacturer and Small Distiller at 441 W. Western
Avenue.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson,
           Gawron, and Hood
            Nays: None
MOTION PASSES
2017-70   PUBLIC HEARINGS:
      A. Request for the Establishment of an Industrial Development District at
         700 Terrace Point Drive     Planning & Economic Development
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, KLO
Outdoor has requested the establishment of an Industrial Development District
at 700 Terrace Point Drive. The company is in the process of moving its corporate
offices to this location and plan on making significant upgrades to the real
property. The establishment of the district will allow the company to become
eligible for the Industrial Facilities Tax Abatements (IFT’s).
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approval of the establishment of the Industrial
Development District.
PUBLIC HEARING COMMENCED:        Mr. Harris of KL Outdoor addressed the City
Commission. No other public comments were received.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Warren,
to close the public hearing and establish the Industrial Development District.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
           Hood, and Warren
            Nays: None
MOTION PASSES
2017-71     NEW BUSINESS:
      A. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish the Following:
          1047 Wood Street

                                         Page 6 of 8
         1826 Ray Street
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 30 days. It is
further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder or staff may issue infraction tickets to the owner, agent, or responsible
party if they do not demolish the structure.
FINANCIAL IMPACT:          General Funds
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to concur with the Housing Board of Appeals decision to demolish 1047 Wood
Street and 1826 Ray Street.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, Warren,
           and German
            Nays: None
MOTION PASSES
      B. Approval to Purchase Property from the Michigan Department of
         Transportation Planning & Economic Development
SUMMARY OF REQUEST: Staff is seeking approval to purchase a portion of lots
one thru five and all of lots six and seven of Block 340 from MDOT. These lots are
located between 8th and 9th Street and Webster and Muskegon. If approved,
these lots will be combined with the portion of the lots that the City already
owns, which would allow for development opportunities. This area is zoned Form
Based Code, Urban Residential Context Area, which allows for residential homes
between one and six units.
FINANCIAL IMPACT:          The cost for all of the property is $7,700
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            Approval to purchase the property.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to approve the purchase of property.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, German, and
           Rinsema-Sybenga
            Nays: None

                                           Page 7 of 8
MOTION PASSES
      C. Convention Center      City Manager
SUMMARY OF REQUEST: In partnership with Muskegon County and Parkland
Properties, the City of Muskegon is exploring the concept of constructing a
downtown convention center, which will combine a hotel self-assessment with
accommodation taxes to raise the funds to finance a convention center
connected to the LC Walker Arena and the Holiday Inn. The City would likely be
asked to carry the debt associated with the improvements, which could be as
much as $15 Million. The debt payments would be paid with accommodation
tax dollars, and would not affect the City’s General Fund.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:            Authorize City Manager to sign the Letter of
Intent to enter into a partnership for the purposes of constructing a convention
center in Downtown Muskegon.
Motion by Vice Mayor Hood, second by Commissioner Johnson, to authorize the
City Manager to sign the Letter of Intent to enter into a partnership for the
purposes of constructing a convention center in Downtown Muskegon.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga,
           and Turnquist
            Nays: None
MOTION PASSES
      D. Sale of Parking Lot    City Manager
ITEM REMOVED PER STAFF REQUEST
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 7:11 p.m.




                                             Respectfully Submitted,




                                             Ann Marie Meisch, MMC, City Clerk



                                         Page 8 of 8
                  Commission Meeting Date: September 12, 2017




Date:         September 5, 2017
To:           Honorable Mayor and City Commissioners
From:         Finance
RE:           Supplemental MERS Contribution




SUMMARY OF REQUEST: For the fiscal year that ended June 30, 2017, staff
conservatively budgeted for pension costs. During the course of fiscal year 2016-17,
changes were made to the Non Union group along with the Police Patrol and the
SEIU group that lower the City’s required payment costs. The amount the City was
expensing each pay period for our pension costs was not adjusted, this created a
surplus At this time staff believes it is appropriate to take this opportunity to make a
$379,042.54 supplemental payment (above the actuarial computed amount) to
MERS. This is money that the city would be required to pay to MERS eventually.
Paying early, while the city is in a position do so, may help to ease some pressure on
future city budgets.


FINANCIAL IMPACT:             $379,042.54 supplemental payment to MERS.
$379,042.54 will be paid from monies already set aside for MERS in the collector
fund.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Authorize staff to make a supplemental
$206,831.82 payment to MERS no later than October 31, 2017.
                              AGENDA ITEM NO. _______________
                      CITY COMMISSION MEETING _________________________




TO:        Honorable Mayor and City Commissioners

FROM:      Frank Peterson, City Manager

DATE:      September 6, 2017

RE:        MERS Benefit Window

SUMMARY OF REQUEST:

Staff is requesting to open a F53(25) Benefit Window in Division 1 of the MERS Defined Benefit Pension
Program. The traditional benefit in this division is F55(25). The window would allow division members
to retire up to two years earlier than currently allowed. The Benefit Window would be open from
September 1, 2017 through October 31, 2017. Two employees could become eligible at a total cost
of $35,883.

FINANCIAL IMPACT:

$35,883

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approve the MERS Defined Benefit Plan Adoption Agreement to include a temporary benefit of F53(25)
from September 1, 2017 through October 31, 2017.

COMMITTEE RECOMMENDATION:
                                                                                         CBIZ Retirement Plan Services
                                                                                       CBIZ Benefits & Insurance Services, Inc.
                                                                                            17199 Laurel Park North. Ste. 405
                                                                                                               Livonia, MI 48152
                                                                                                      http://retirement.cbiz.com



August 17, 2017

City of Muskegon

In care of:
Municipal Employees Retirement System of Michigan
1134 Municipal Way
Lansing, Michigan 48917

Subject: Window Valuation for Muskegon, City of (6116), Division 01

Attached are the results of a supplemental valuation prepared for Muskegon, City of in order to
determine the contributions necessary to support the following Benefit Program under the
Municipal Employees Retirement System of Michigan, in accordance with Act. No. 427 of the
Public Acts of 1984, as amended and the MERS' plan document as revised:

               Division                               Change in Benefit                              Window Period
     NonUnion Gen (Division 01)                               F53(25)                         09/01/2017 - 10/31/2017


This supplemental valuation is based upon a valuation date of October 31, 2017 for the window
benefits. The window will be open for 2 months. The results in this report reflect the bridged
benefits that were adopted on January 31, 2017.

This report may be provided to other interested parties only in its entirety and only with
the prior permission of MERS and the municipality.

The attachments present the results of our cost analysis. Please see the Important
Comments, immediately following this cover letter, for important information which is essential
to understanding the results presented in this report.

Sincerely,




                                                                                                                         Page 1 of 6

                CBIZ Retirement Plan Services is a trade name under which certain subsidiaries of CBIZ, Inc. market
               investment advisory, third party administration, actuarial and other corporate retirement plan services
                                                                                     CBIZ Retirement Plan Services
                                                                                   CBIZ Benefits & Insurance Services, Inc.
                                                                                        17199 Laurel Park North. Ste. 405
                                                                                                           Livonia, MI 48152
                                                                                                  http://retirement.cbiz.com

                    MERS Window Valuations – Important Comments

1. Please see the MERS Plan Document for all information related to administration and
   funding of Plan Benefits including any special funding requirements related to benefit
   changes.
2. The reader of the report should keep in mind that actuarial calculations are by their
   nature imprecise, as they are mathematical estimates based on current data and
   assumptions about future events (which may or may not materialize).
3. Actuarial calculations can and do vary from one valuation year to the next, sometimes
   significantly if the group valued is very small (fewer than 30 lives). As a result, the cost
   impact of a benefit change may fluctuate over time, as the demographics of the group
   changes.
4. The calculations in this report were prepared based on December 31, 2016 demographic
   and financial information unless noted elsewhere in the report. For purposes of
   calculating the liabilities under the early retirement window, we assumed the members
   impacted by the early retirement window are married.
5. The valuation methods and Retirement Board-approved assumptions are consistent with
   those used in the December 31, 2016 Annual Actuarial Valuation, unless noted
   elsewhere in the report.
6. In the event that more than one plan change is being considered, the user of this report
   should remember that the results of separate actuarial valuations cannot be added
   together. The total can be considerably greater than the sum of the parts due to the
   interaction of various plan provisions with each other and with the assumptions used.
7. Retirement benefits and employer contributions are based on a percentage of members’
   gross pays, including base pay, overtime pay, longevity pay, and several other
   miscellaneous items. If total gross payroll exceeds the reported salaries, the dollar
   contribution amounts shown in this report should be increased proportionately. The
   above percentages of payroll will not be affected, however.
8. The results in this report were based on information provided to MERS by the
   municipality. The actuary is unaware of any additional information that would impact
   these results. If the information in the “Valuation Request for Benefit Change” is incorrect
   or incomplete, the actuary does not assume responsibility for the accuracy of that
   information, and the requester (or reader) of this valuation report may not rely on the
   results and should advise MERS promptly.
9. The results in this report do not show the potential impact that the adoption of the revised
   benefits may have on other post-employment benefits (such as retiree health care
   insurance) or ancillary benefits (such as life insurance).
                                                                                                                     Page 2 of 6

            CBIZ Retirement Plan Services is a trade name under which certain subsidiaries of CBIZ, Inc. market
           investment advisory, third party administration, actuarial and other corporate retirement plan services
                                                                                     CBIZ Retirement Plan Services
                                                                                   CBIZ Benefits & Insurance Services, Inc.
                                                                                        17199 Laurel Park North. Ste. 405
                                                                                                           Livonia, MI 48152
                                                                                                  http://retirement.cbiz.com

10. If the user of this report is not sure how to interpret certain results in the report or how
    to read the report, they should contact MERS at (800) 767-6377 before relying on the
    results in this report.
11. Additional disclosures required by Actuarial Standard of Practice:
       a. This report was prepared at the request of the municipality and is intended for use
          by the municipality and those designated or approved by the municipality. The
          report may be provided to parties other than the municipality only in its entirety and
          only with the permission of MERS and the municipality.
       b. The purpose of the supplemental valuation is to show the impact of the proposed
          benefit change on the employer contribution.
       c. One or more of the signing actuaries are Members of the American Academy of
          Actuaries (MAAA) and meet the Qualification Standards of the American Academy
          of Actuaries to render the actuarial opinion contained herein.
       d. All actuarial calculations have been prepared in conformity with generally
          accepted actuarial principles and practices and with the Actuarial Standards of
          Practice issued by the Actuarial Standards Board.
       e. This report should not be relied on for any purpose other than the purpose
          described in the primary communication.

  The valuation was based upon information furnished by the municipality and MERS
  staff concerning Retirement System benefits, financial transactions, active members,
  terminated members, retirees and beneficiaries. We checked for internal and year to
  year consistency, but did not otherwise audit the data. CBIZ Retirement Plan Services
  is not responsible for the accuracy or completeness of the information provided for the
  preparation of these calculations.




                                                                                                                     Page 3 of 6

            CBIZ Retirement Plan Services is a trade name under which certain subsidiaries of CBIZ, Inc. market
           investment advisory, third party administration, actuarial and other corporate retirement plan services
                                                                                         CBIZ Retirement Plan Services
                                                                                        CBIZ Benefits & Insurance Services, Inc.
                                                                                             17199 Laurel Park North. Ste. 405
                                                                                                                Livonia, MI 48152
                                                                                                       http://retirement.cbiz.com

                                     Temporary Window Period Benefit

Generally, when additional benefit provisions are adopted by a participating municipality, the
new benefits apply to all members who leave active employment (for retirement, disability, death
or vested termination) on or after the effective date of the new benefit provision. Act. No. 99 of
the Public Acts of 1990 changed the MERS statute to allow additional benefits to be granted only
to persons who retire from active employment, with either full or reduced early age and service
retirement benefits, during a temporary period – a so-called “window period”.

The window period may be anywhere between 2 and 6 months long. The window period benefits
may be adopted for specific classifications of active members, or for all active members. Window
period benefits may only be adopted a maximum of 2 times during any 5 consecutive calendar
years, for the same classification of members.

Window period benefits apply to only active members who retire with either full or reduced early
age and service retirement benefits during the window period. Members who leave employment
due to disability, death, vested termination or non-vested termination would not be affected.

Early retirement windows are especially difficult to accurately value because we are comparing a
theoretically known event, (a member accepts the offer and retires immediately), with an array of
possible outcomes, (a set of retirement rates applied at many possible retirement ages). In
addition, the actuaries are not generally made aware of additional components that may be
offered to influence member behavior.

Therefore, we show the change in liability due to acceptance of the window in two pieces:

   1. The difference between the window benefit liability (column 5) and the liability if the
      member retires at the earliest possible date without the window (column 3). This
      difference is shown in column 6; and

   2. The difference between the liability if the member retires at the earliest possible date
      without the window (column 3) and the valuation liability of the member as an active
      employee (column 2), subject to projected rates of retirement. This difference is shown
      in column 4.

Item 2 might be interpreted as an actuarial loss and amortized, rather than as part of the cost of
the early retirement window.


                                                                                                                         Page 4 of 6

                CBIZ Retirement Plan Services is a trade name under which certain subsidiaries of CBIZ, Inc. market
               investment advisory, third party administration, actuarial and other corporate retirement plan services
                                                                                         CBIZ Retirement Plan Services
                                                                                        CBIZ Benefits & Insurance Services, Inc.
                                                                                             17199 Laurel Park North. Ste. 405
                                                                                                                Livonia, MI 48152
                                                                                                       http://retirement.cbiz.com

                Muskegon, City of (6116) – NonUnion Gen (Division 01)
             Employer Computed Contributions to Support Window Benefits
                           for Age and Service Retirements
                   Occurring September 1, 2017 to October 31, 2017

Window Benefit Provisions

                                  Window Period                09/01/2017 to 10/31/2017

                                  Benefit                                 F53(25)

Members Affected
Based on data supplied, 9 members will be eligible to retire by October 31, 2017, the end of the
proposed window period, and 2 of these are affected by the window provisions. (7 other
members will also be eligible to retire by October 31, 2017 but are not affected by the window.
The increase in actuarial accrued liability for these members is shown as zero in the following
table.) It is assumed in this report that these members have not already retired before the
beginning of the window period and that no additional employees will become eligible for the
window.

Valuation Results
The individual results of the actuarial valuation for the eligible members are shown in the
following table. The cost of the window depends on which affected members retire during the
window. The reader may determine the cost of various scenarios by adding the results for
members projected to retire during the window. For example, if all of the potentially affected
members retire during the window period, and it is deemed they would have retired at their
earliest opportunity in absence of the window the actuarial accrued liability will be increased by
$35,883 (see column 6).

Comments
The results in this report only show the potential impact of the proposed benefits on the
Retirement System. The employer should consider other related issues before implementing the
proposed program, such as:
   • Potential payroll and active employee health care cost savings if the retiring members are
      not replaced, or if they are (fully or partially) replaced with lower paid and/or younger
      employees.
   • Potential additional costs if the retiring members also receive retiree health care benefits
      at earlier ages.
   • The potential cost impact of any other fringe benefit program.
                                                                                                                         Page 5 of 6

                CBIZ Retirement Plan Services is a trade name under which certain subsidiaries of CBIZ, Inc. market
               investment advisory, third party administration, actuarial and other corporate retirement plan services
                                                                                                            CBIZ Retirement Plan Services
                                                                                                        CBIZ Benefits & Insurance Services, Inc.
                                                                                                             17199 Laurel Park North. Ste. 405
                                                                                                                                Livonia, MI 48152
                                                                                                                       http://retirement.cbiz.com



                           Muskegon, City of (6116) – NonUnion Gen (Division 01)
                        Employer Computed Contributions to Support Window Benefits
                                      for Age and Service Retirements
                              Occurring September 1, 2017 to October 31, 2017




                                                            Members Eligible to Retire
                  (1)                            (2)                (3)                 (4)                    (5)                 (6)                    (7)

                                                                                            Actuarial Accrued Liability
                                                                                    Increase in                                                    Total Increase in
                                                                                   liability from                         Increase in liability      liability from
                                                                                    Immediate                                  from Early             Immediate
                                                               Plan Earliest        Retirement                            Retirement Window        Retirement and
                Name                           Current         Retirement*            (3) -(2)              Proposed          only (5) - (3)       Window (4) + (6)
        Powers,Densmore D                  $     353,015      $     441,407    $          88,392        $       441,792   $                 385     $       88,777
      Al-Shatel,Mohammed S                       692,004            838,018              146,014                873,516                  35,498            181,512
          Maurer,James E                         419,469                                                        419,469
         Lewis,Elizabeth A                       340,406                                                        340,406
        Renkenberger,Diane                       237,727                                                        237,727
    Brubaker-Clarke,Catherine R                  705,923                                                        705,923
          Bailey,Oneata M                        250,752                                                        250,752
         Sayles,Douglas L                        538,830                                                        538,830
        Young,Bernadette M                       474,263                                                        474,263
                Total:                         $4,012,389                      $         234,406             $4,282,678   $              35,883           $270,289

*Shown only for potential window members



Please note that the increase in the Actuarial Accrued Liability for some members is equal to zero. This is
because these members do not benefit from the early retirement window. They are already eligible to retire
without the window.




                                                                                                                                                  Page 6 of 6

                           CBIZ Retirement Plan Services is a trade name under which certain subsidiaries of CBIZ, Inc. market
                          investment advisory, third party administration, actuarial and other corporate retirement plan services
Commission Meeting Date:            September 12, 2017


Date:       September 5, 2017

To:         Honorable Mayor and City Commission

From:      Community and Neighborhood Services Department

Re:      Vinyl Siding Installer Contracts for Fiscal Year 2017
____________________________________________________________

SUMMARY OF REQUEST: To authorize Community and Neighborhood
Services to enter a new contract with JR Tucker Construction to install vinyl
siding at an agreed price of $52.00 (fifty-two dollars) per building square for the
Vinyl Siding Program’s 2017 fiscal year.

FINANCIAL IMPACT: Funding will be disbursed from the July 1, 2017 – June
30, 2018 Community Development Block Grant Vinyl Siding fund.

BUDGET ACTION REQUIRED: None at this time.

STAFF RECOMMENDATION: To approve request.

COMMITTEE RECOMMENDATION: The funding for the Vinyl Siding Program
was approved by the Citizens District Council during the 2017 CDBG Grant
process.
        Commission Meeting Date:         September 12, 2017


Date:       September 5, 2017

To:         Honorable Mayor & City Commission

From:       Community and Neighborhood Services Department

Re:      Vinyl Siding Supplier Contract for Fiscal Year 2017
____________________________________________________________

SUMMARY OF REQUEST: To authorize Community and Neighborhood
Services to enter a new contract with Keene Lumber Company to be the
Vinyl Siding Supplier for 2017 fiscal year. Keene Lumber has agreed to
honor the existing contract price of $46.95 (forty-six dollars and ninety-five
cents) per building square for standard siding.

FINANCIAL IMPACT:      Funding will be disbursed from the 2017
Community Development Block Grant Vinyl Siding fund.

BUDGET ACTION REQUIRED: None at this time.

STAFF RECOMMENDATION: To approve request.

COMMITTEE RECOMMENDATION: The funding for the Vinyl Siding
Program was approved by the Citizens District Council during the 2017
CDBG Grant process.
Date:    9/12/17

To:      Honorable Mayor and City Commissioners

From: DPW/Equipment
RE:      Police Detective Vehicle


SUMMARY OF REQUEST:

Authorize staff to purchase one Chevy Impala from Berger Chevrolet the Mi-Deal State
contract holder. This will replace the oldest detective vehicle currently being used.

FINANCIAL IMPACT:
$23,612.00
BUDGET ACTION REQUIRED:
None. Amount is what was budgeted.

STAFF RECOMMENDATION:
Authorize staff to purchase one Chevy Impala’s from Berger Chevrolet




O:\CLERK\Common\Word\Agenda Items for Next Meeting\2017\091217\08_Detectivevehicles2017.doc
Date:    9/12/2017

To:      Honorable Mayor and City Commissioners

From: DPW/Equipment
RE:      Leaf Vac


SUMMARY OF REQUEST:

The Equipment Division is requesting permission to purchase one (1) Leaf Vac coming
from Fredrickson Equipment Supply the sole source dealer for this brand of equipment.
Cost for this Vac. is $29,000.00 coming from the Equipment Division fund.

FINANCIAL IMPACT:
$29,000.00
BUDGET ACTION REQUIRED:
None. Amount is what was budgeted.

STAFF RECOMMENDATION:
Authorize staff to purchase one (1) Leaf Vac coming from Fredrickson Equipment Supply
the sole source dealer for this brand of equipment.




O:\CLERK\Common\Word\Agenda Items for Next Meeting\2017\091217\09_Leafvav2017.doc
Date:       9/12/17
To:         Honorable Mayor and City Commission
From:       Department of Public Works
RE:         Water Main Purchase and Installation



SUMMARY OF REQUEST:
Authorize staff to purchase and install an 8 inch water main in the alley
between Sherman and Letart from Torrent to McCracken. This project will
replace an existing 2” galvanized main that has been repaired multiple times.
The City of Muskegon Water Department will install the watermain using our in-
house workforce. Pipe and appurtenances ($18,316.75) will be purchased from
Etna Supply, excavator rental ($2,906.00) from MacAllister Cat and contract
trench dewatering ($7,800.00) to Dewind Wells & Dewatering.


FINANCIAL IMPACT:
The total cost for material, equipment rental and dewatering is $ 29,022.75.


BUDGET ACTION REQUIRED:
None at this time. Expenditure will be addressed during the 1st quarter
reforecast.


STAFF RECOMMENDATION:
Approve material purchase from Etna Supply, excavator rental from MacAllister
Cat and dewatering from Dewind Wells & Dewatering.
                Commission Meeting Date: September 12, 2017




Date:         September 7, 2017
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Selection of the Consultants for the Imagine Muskegon Lake
              Plan


SUMMARY OF REQUEST:

Imagine Muskegon Lake will be a conceptual plan that focuses on how to better utilize and
connect all of the great assets on the Muskegon shoreline. Staff interviewed three
consultants in August and have recommended Nederveld/Williams & Works for selection.
Their proposal includes two key stakeholder meetings and one general public workshop. It
is anticipated that the plan will be finalized before the end of the calendar year. Staff is
recommending these firms because of their experience on similar waterfront projects and
also on previous work done for the City, including the City’s Form Based Code
implementation in 2015.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

The total cost for the consultants is $40,000. The City will be covering $9,000 and the rest
will be covered by grants.

STAFF RECOMMENDATION:

To approve the selection of Nederveld/Williams & Works and to authorize staff to sign the
contract.

COMMITTEE RECOMMENDATION:

None.




9/7/2017
                                 CONTRACT FOR PROFESSIONAL SERVICES

                                               City of Muskegon for the
                                            Imagine Muskegon Lake project


          CLIENT Name:                   City of Muskegon

          CLIENT Address:                933 Terrace Street
                                         Muskegon, Michigan 49443


          The City of Muskegon (Client) and Nederveld, Inc agree that Nederveld, Inc. will perform the
          services described below. This contract shall become effective September 12, 2017, or shortly
          thereafter, and services covered by it will be performed in accordance with the provisions included
          within this form and any attachments or schedules thereto.

          SCOPE OF NEDERVELD, INC. SERVICES: As specified in the following attachments:
          Attachment A: Nederveld and Williams & Works Qualification Submittal, dated July 7, 2017
          Attachment B: Nederveld Scope and Fees Proposal, dated August 17, 2017

          TIMELINE OF NEDERVELD, INC. SERVICES: As specified in the following attachments:
          Attachment B: Nederveld Scope and Fees Proposal, dated August 17, 2017 (project timeline on
          page 6)

          NEDERVELD, INC. COMPENSATION: Fixed Fee of $40,000 including all reimbursable
          expenses as specified in the following attachments:
          Attachment B: Nederveld Scope and Fees Proposal, dated August 17, 2017

          NEDERVELD, INC. SUBCONTRACTORS: Nederveld will be utilizing the following
          subcontractors on this project and their fees, in total, are included in the compensation listed above:
                 Williams & Works, Inc




4. Proposed Services
STANDARD TERMS AND CONDITIONS:                                                                   9.    OWNERSHIP OF WORK PRODUCT Nederveld Inc. hereby agrees to convey and
METHOD OF AUTHORIZATION Client may authorize Nederveld Inc. to proceed with                            transfer to Client all ownership rights of all drawings, reports and other materials
work by signing a Contract for Professional Services.             Furthermore, the signee              provided to Client in any form including, but not limited to all copyright rights
acknowledges that they are a duly authorized officer or agent for the Client. These Terms              afforded by the laws of the United States, which rights are specifically reserved by
and Conditions shall prevail as the basis of Client’s authorization to Nederveld Inc. Any              Client. Nederveld Inc. hereby agrees in return for the compensation set forth in this
client document or communication in addition to or in conflict with these Terms and                    agreement to execute any documents necessary to convey and transfer the entire right,
Conditions is rejected. Any amendment to the Terms and Conditions must be authorized in                title, and interest to Client of all ownership rights of all drawings, reports and other
writing via Terms and Conditions section of PSA or Addendum by both the client and                     materials provided to Client in any form including, but not limited to all copyright
Nederveld Inc.                                                                                         rights afforded by the laws of the United States. Nederveld Inc. hereby warrants that it
                                                                                                       is the sole author of the works to be transferred to Client, and Nederveld Inc. further
1.   CLIENT RESPONSIBILITIES               Client shall provide all criteria and pertinent             warrants that it has the authority to transfer all ownership rights of the works to Client.
     information as to requirements for the project and designate in writing the person with           Nederveld Inc. agrees to provide all drawings, reports and other materials to Client in
     authority to act on Client’s behalf on all matters concerning the project. Unless                 a current standard electronic format, and to provide at least one hard copy of each
     otherwise notified in writing, the Client authorizes the person(s) signing the Contract           drawing, report, or other material. Client hereby grants Nederveld Inc. a limited
     for Professional Services as the sole authority to act on the Client’s behalf as noted            license to retain copies of each drawing, report and other materials for it’s records, and
     herein.                                                                                           a limited right to use such drawings, reports, or other materials for sales and
                                                                                                       promotional purposes, but not for resale to another client. Nederveld Inc. may not
2.   PROFESSIONAL STANDARDS; WARRANTY The standard of care for services                                assign, transfer or in any other way, use, reuse or copy the drawings, reports and other
     performed or furnished by Nederveld Inc. will be the care and skill ordinarily used by            materials for any other purpose without the express consent of Client. Client
     members of Nederveld Inc. profession practicing under similar circumstances at the                acknowledges that all drawings, reports and other materials provided by Nederveld
     same time and in the same locality. Nederveld Inc. makes no warranties, express or                Inc. are the result of professional services performed for a specific project associated
     implied, under this agreement or otherwise, in connection with Nederveld Inc.                     with an identified parcel of property and that such drawings, reports and other
     services.                                                                                         materials are not readily transferable to a different parcel of property without
                                                                                                       additional professional services being required to modify the drawings, reports and
3.   TERMINATION Either Client or Nederveld Inc. may terminate this authorization                      other materials, as may be required under the circumstances.
     by giving ten days’ written notice to the other party. In such event, client shall pay
     Nederveld Inc. in full for all work previously authorized and performed to the              10.   ELECTRONIC MEDIA                To be provided at no charge if provided in our current
     effective date of termination. Upon receipt of such payment, Nederveld Inc. will                  software format. Copies of data, reports, drawings, specifications and other material
     return to client all documents and information which are the property of client.                  furnished by Nederveld Inc. that may be relied upon by client are limited to the printed
                                                                                                       copies (also known as hard copies) that are delivered to client pursuant to the services
4.   SUBCONTRACTORS Nederveld Inc. will engage a subcontractor (Williams and                           under this agreement. Computer files of text, data, graphics or other types on
     Works) on behalf of client to perform any portion of the services to be provided by               electronic media that are furnished by Nederveld Inc. to Client are only for
     Nederveld Inc. hereunder.                                                                         convenience of client. Any conclusions or information obtained or derived from such
                                                                                                       electronic files will be at the user’s sole risk.
5.   PAYMENT TO NEDERVELD INC. All invoices must be paid within thirty (30)
     days of the invoice date. Prompt payment is essential in order to keep the project on       11.   GENERAL CONSIDERATIONS Client and Nederveld Inc. each are hereby bound
     schedule. Any account that falls more than 60 days past due will result in the project            and the partners, successors, executors, administrators, and legal representatives of
     being put on hold until the past due (from the date of invoice) amount is paid in full.           Client and Nederveld Inc. are hereby bound to the other party to this agreement and to
     A service charge of 1.5 percent per month will be payable on all undisputed amounts               the partners, successors, executors, administrators and legal representatives (and said
     not paid within thirty (30) days from date of invoice, payment thereafter to be applied           assigns) of such other party, in respect of all covenants, agreements and obligations of
     first to accrued service charges and then to the principal unpaid amount.                         this agreement. Neither Client nor Nederveld Inc. shall assign this agreement without
                                                                                                       the written consent of the other.
6.   INSURANCE        Nederveld Inc. acknowledges that the City of Muskegon is a self-
     insured municipal corporation and will not be required to name Nederveld and /or                  END OF TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES
     Nederveld Inc. Consultants as additional insured on any general liability or property
     insurance policies, but will be subject to the indemnification provisions of this
     contract.

     All policies of property insurance shall contain provisions to the effect that Nederveld
     Inc. and Nederveld Inc. Consultant’s interests are covered and that in the event of
     payment of any loss or damages, the insurers will have no rights of recovery against
     any of the insureds or additional insureds.

7.   INDEMNIFICATION           Nederveld Inc. will defend, indemnify, and hold Client
     harmless from any claim, liability, or defense cost for injury or loss sustained by any
     party from exposures caused by Nederveld Inc. negligence or willful misconduct.

8.   LEGAL EXPENSES If either Client or Nederveld Inc. makes a claim against the
     other as to issues arising out of the performance of this agreement, the prevailing party
     will be entitled to recover its reasonable expenses of litigation, including reasonable
     attorney’s fees.
This Contract represents the entire agreement between the parties and supersedes all prior
agreements and understandings.


NEDERVELD, INC                                  CITY OF MUSKEGON


By:________________________________             By: _______________________________

Name: Mark F. Miller AIA AICP                   Name: _____________________________

Title: Senior Urban Designer / Planner          Title:_______________________________

Date: August 28, 2017                           Date:_______________________________
ATTACHMENT A
August 28, 2017




QUALIFICATION SUBMITTAL FOR:

IM AG INE MUSK EGON L AK E
CITY OF MUSKEGON
7 JULY 2017




QUALIFICATIONS SUBMITTED BY:
NEDERVELD      WILLIAMS & WORKS
ATTACHMENT A
August 28, 2017




“A good city is like a good party - people stay longer than really
necessary, because they enjoy themselves”
                                                          -Danish Urbanist, Jan Gehl
ATTACHMENT A
August 28, 2017
                                                                              QUALIFICATION SUBMITTAL

                                                                                  INTRODUCTION
7 July 2017


Mr. Mike Franzak
Planning Manager
Planning and Economic Development Department
933 Terrace Street
Muskegon, MI 49443


Mike,

Thank you for the opportunity to submit our qualifications for the Imagine Muskegon Lake project. We
are excited to be part of the evolution of the Muskegon Lake shoreline as it transitions from an industrial
heritage to a mixed-use future.

Nederveld and Williams & Works plan to collaborate with the City and her stakeholders on this transforma-
tive initiative. Our experience providing meaningful engagement, award-winning planning, and people-
centered urban design will help assist you in making this transformation a successful endeavor.

This qualification submittal contains a sample of some of this experience, including waterfront revitaliza-
tion and activation plans for:

   >>   the Grand River in downtown Grand Rapids (GR Forward and Arena South),
   >>   the St. Joseph River in Niles (Niles PlacePlan),
   >>   the Grand River and Lake Michigan (Grand Haven Master Plan), and
   >>   Muskegon Lake (Muskegon Lakeshore Redevelopment Plan).

In addition to the Muskegon Lakeshore Redevelopment Plan that Williams & Works helped to craft in 2008,
our team has also worked with the City of Muskegon to create the Downtown Form-Based Code and
the Downtown Parking Strategy (both completed in 2015). This past experience provides us with an ad-
ditional understanding of the context associated with this project. This understanding of context will help
us to build upon much of the relevant work that the City has completed, including the highly successful
2003 Imagine Muskegon Plan and the recent content provided by the Muskegon Lake Vision 2020 Plan.

Our proposed work will be informed by an audit and review of these current and past initiatives, interviews
with community leaders, and four (4) public workshops. The resulting conceptual plan will cast a vision
for the future direction of the Lake and its shoreline and will also provide both short- and long-term incre-
mental steps to begin implementation of the plan.

The illustrative concept plan will examine and include recommendations for:
   >> Connectivity, waterfront access and transportation,
   >> Future land use and zoning (including residential, commercial, industrial, civic, cultural, entertain-
         ment and resort opportunities),
   >> Sustainable and environmentally-sensitive design solutions,
   >> Pedestrian-scaled and walkable urbanism, and
   >> Aesthetics and civic beauty.
The plan will also seek to balance economic development opportunities with recreation and natural
habitat, and upon completion will be presented to the Planning Commission/City Commission.


Again, thank you for this opportunity, and if you have any questions, please do not hesitate contacting me.


Sincerely,




Mark F. Miller AIA AICP
Nederveld, Inc.


Qualification submittal for   IMAGINE MUSKEGON LAKE                                                       1
ATTACHMENT A
August 28, 2017
  CONSULTANT INFORMATION

  THE TEAM
                           Mark F. Miller AIA AICP has been in-
                           volved in award-winning urban design,         Nederveld Inc.
                                                                         217 Grandville Avenue SW
                           planning and architectural projects
                                                                         Suite 302
                           ranging in scale from single buildings and
                                                                         Grand Rapids, MI 49503
                           blocks to the master planning of neigh-
                                                                         616.575.5190
                           borhoods and cities. This urban work has
                                                                         www.nederveld.com
                           included projects for both private-sector
                                                                         [email protected]
                           and public-sector clients, all with an eye
                           toward on the ground implementation.

                           Mr. Miller is the former chairman of the      Nederveld, founded in 1977, is a
PROJECT ROLE:              Grand Rapids Historic Preservation Com-       client-centered company that
  Project Manager          mission and past-president of the Grand       has grown into a leading provid-
  Urban Design             Rapids AIA. He currently writes a month-      er of urban design and planning
  Planning                 ly column on urban design and archi-          services in the West Michigan Re-
  Engagement               tecture for Grand Rapids Magazine.            gion. Our planning and design
                                                                         efforts have incorporated com-
                                                                         prehensive public input for both
                                                                         private sector and municipal cli-
                           Maleah Beatty, ASLA is a Muskegon na-         ents and have resulted in award-
                           tive and a graduate of Michigan State         winning projects that are imple-
                           University’s Landscape Architecture pro-      mentable and realistic. Our work
                           gram with a Masters Degree in Environ-        is founded in our ability to listen
                           mental Design. Through involvement in         and effectively communicate
                           both public and private sector projects,      with our clients and stakeholders,
                           her experience ranges from horticulture
                                                                         while also balancing the realities
                           design to corridor redevelopment.
                                                                         of economic development with
                           She is a published co-author in the Jour-     people-centered design.
                           nal of Current Urban Studies and has
PROJECT ROLE:              been a past speaker for the National
  Landscape Architecture   Signage Research & Education Con-
  Urban Design             ference regarding her research in the
  Graphics                 perception of on-premise commercial
  Engagement               signscapes.




2                                          Qualification Submittal for   IMAGINE MUSKEGON LAKE
ATTACHMENT A
August 28, 2017
                                                                        CONSULTANT INFORMATION

                                                                                      THE TEAM
Williams & Works                      Lynée Wells AICP is a community plan-
                                      ner and project manager working with
549 Ottawa Avenue NW                  public and private sector clients since
Grand Rapids, MI 49503                2000. She has extensive experience in
P: 616.224.1500                       historic preservation and cultural land-
F: 866.224.1501                       scape assessment, current and long
www.williams-works.com                range planning, designing and imple-
[email protected]              menting public involvement processes,
                                      and public meeting facilitation. She has
                                      worked with very diverse communities,
Williams & Works’ tradition of ser-   in both rural and urban settings and is
vice dates back to 1924 when          fluent in Spanish.                         PROJECT ROLE:
the predecessor company was                                                        Co-Project Manager
first founded and incorporated.       Before joining Williams & Works, Ms. Wells   Planning + Land Use
After years of providing clients      was planner with Consensus Planning in       Connectivity
with engineering excellence and       Albuquerque, New Mexico.                     Engagement
steadfast service, the company
diversified, changed its name to
WW Engineering and Science,
and dissolved Williams & Works        Nathan Mehmed is a community plan-
as a corporate entity. In 1995,       ner for Williams & Works, Mr. Mehmed’s
six former Williams & Works em-       responsibilities include urban planning
ployees collaborated to form a        for multiple clients, planning support,
new Williams & Works. Over the        and GIS mapping utilizing the technical
years, Williams & Works added a       and theoretical knowledge of his diverse
                                      educational background.
survey department and gradu-
ally expanded its planning and        Before joining Williams & Works, Mr.
engineering staff to better meet      Mehmed worked while pursuing his Mas-
clients’ needs and carry on the       ter’s Degree in Public Administration,
tradition of service on which the     with the West Michigan Regional Plan-
company was founded.                  ning Commission, MainStreet Planning PROJECT ROLE:
                                      Company, Allendale Charter Township,   Planning
                                      and City of Grand Haven Department of  Land Use
                                      Planning and Community Development.    Engagement




Qualification submittal for   IMAGINE MUSKEGON LAKE                                                 3
                             ATTACHMENT A
                             August 28, 2017
                                       CONSULTANT INFORMATION

                                       SELECTED PROJECT EXPERIENCE: NEDERVELD + WILLIAMS & WORKS                                                                                                                                                                                                                                                                                        PUBLIC REALM STANDARDS                                                                                                                                                                                                                  SECTION 2007
                                                                                                                                                                                                                                                                                                                                                                                        2007.17 PARKWAY STREET D

                             CITY OF MUSKEGON DOWNTOWN FORM-BASED CODE                                                                                                                                                                                                                                                                                                                                                                                                    STREET RIGHT-OF-WAY: THE PUBLIC REALM




                             With an emphasis on the city’s public realm - including sidewalks and
                             streetspaces, this form-based code creates a framework that enables
                             dense, compact, mixed-use development while also considering con-
                             nectivity, walkability, and livability within the city’s core. The code utilizes
                             building types and frontages to establish the development regulations for
                                                              PUBLIC REALM CONTEXT AREAS AND USE          SECTION 2005
                             the physical character of the public realm. The code was carefully inte-




                                                                                                                                                                                                                                                                                                                                                                                                                                                   SIDEWALK FURNISHING




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          SIDEWALK FURNISHING
                                                                                                                                                                                                                                                                                                                                                                                               BUILDING TYPE AND




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     BUILDING TYPE AND
                                                                                                                                                                                                                                                                                                                                                                                                                                                                               PARKING AND CURB




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   PARKING AND CURB
                                                 SECTION 2006




                                                                                                                                                                                                                                                                                                                                                                                               FRONTAGE ZONE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     FRONTAGE ZONE
                             grated into the existing city zoning ordinance using context areas, while




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   BIKE TRAVEL ZONE

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       VEHICLE TRAVEL



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              VEHICLE TRAVEL
                                                                                                                                                                                                                                                                                                                                                                                                                        WALKING ZONE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                WALKING ZONE
                                                                                                                                                                                                                                                                                                                                                                                                                                                   AND TREE ZONE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          AND TREE ZONE
DING TYPE                                                     2005.03 PUBLIC REALM CONTEXT AREAS OVERVIEW




                                                                                                                                                                                                                                                                                                                                                                                                                                                                               ON-STREET




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   ON-STREET
                                                                                                                                                                                                                                                                                                                                                                                                                        SIDEWALK




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                SIDEWALK
                             still regulating use requirements.                                                                                                       Public Realm Context Areas for the Muskegon Form Based Code are summarized as follows:




                                                                                                                                                                                                                                                                                                                                                                                                                                                                               ZONE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   ZONE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       ZONE



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ZONE
                                                              MORE URBAN
pe size and massing          ILLUSTRATION 6.01 BUILDING SIZE AND MASS                                                                                                                                                                                                                                                                                                                                       PEOPLE ZONES                                                          THOROUGHFARE: VEHICULAR ZONES                                                                                                 PEOPLE ZONES


t: 150 feet maximum                                                                                                                                                     DT                                                              MS                                                                                             MSW
                                                                                                                                                                                                                                                                                                                                                                                         PARKWAY STREET D LOCATION IN FORM BASE CODE AREA



                                                                                                         D                                                              DOWNTOWN                                                        MAINSTREET                                                                                     MAINSTREET WATERFRONT
et shall be built to a                                     ALLEY OR REAR ACCESS
rall width of the front
                                           PROPERTY LINE




                                                                            PROPERTY LINE




et: 50 feet minimum


 mum
                                                                                                                                                       C
                                                                                                                                      SIDE STREET




00%
                                                                                            BUILDING FOOTPRINT

                                     D                             A                                A

                                                                                                                                                                                         BE                                                           FUTURE DOWNTOWN MUSKEGON
                                                                                                                                                                                          US
                                                                                                                                                                                      TO Oand key future downtown performance indicators related to livability. These
                                                              B                                B

                                                                          FRONT STREET

                                                                                                                                                                                E  ED EVI
                                                                                                                   The graphics below depict an illustrated future downtown Muskegon
                                                                                                                   graphics are only a single possible future scenario shown for reference purposes and to convey the vision of a more livable city.
                                                                                                                                                                            L N PR S
                                                                                                                                                                     S TIL PER 24NT
                                                                                                                                                                          D ME
                                                                                                                                                                                                                                                                                                                                                                                               Section 2007                                                                                                                         DOWNTOWN FORM BASED CODE CITY OF MUSKEGON

                                                                                                                                                                  S
AND PEDESTRIAN ACCESS CITY OF MUSKEGON PARKING STRATEGY                                                                                                      AP ATE OM
                                                                                                                                                          M DDESCRIPTION   C
  Type ground floor
 phic representation.   Nederveld and Williams & WorksDESCRIPTION
                        ILLUSTRATION 6.02 GROUND FLOOR ACTIVATION & ACCESS DOWNTOWN
                                                                                           collaborated withcharacterized by MSof UPArea is similar to the
                                                                           This Context Area is characterized by This Context Area is the City
                                                                                                                 MAINSTREET DESCRIPTION
                                                                                                                                                             Muskegon
                                                                                                                                                         WATERFRONT
                                                                                                                                                     This Context

                             to create a parking strategy for downtown Muskegon that focuses on
 nit(s) are required at                                                    mixed use buildings set next to the   mixed use buildings set next to the Mainstreet Context Area and is
 e directly accessed                                                                                                                                                  sidewalk in order to create a street                             sidewalk in order to create a street                                                           characterized by mixed use buildings
eet.
                             managing parking as an asset while supporting increased livability and
                                                                                                                                                                      wall and promote commerce and                                    wall and promote commerce and                                                                  set next to the sidewalk in order to
                                                                                                                                                                      shopping. These buildings contain                                shopping. These buildings contain                                                              create a street wall and promote




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  IVE
ervals of not greater
                             vibrancy.
                                                                                                                                                                      street level retail uses with residential                        primarily street level retail uses,                                                            commerce and shopping. Buildings




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              DR
t street.                                                             4000                                                                                            and office uses on the upper floors.                             however, residential and service uses                                                          in this district are required to have




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          INE
                                                                                                                                                                      This Context Area has a high level of                            may occur on the ground floor so                                                               setbacks on the upper floors so that




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        EL
                                           PROPERTY LINE




                                                                            PROPERTY LINE




                                                                                                                                                                                                                                              3800
                                                                                                                                                                                                                                         NUMBER OF PARKING SPACES / HOUSEHOLDS / NUMBER OF PEOPLE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     OR
 unit(s) at the side                                                                                             D                                                    transit service that can help off-set                            that the area can mature over time.                                                            lakeshore views are maintained.




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     SH
e directly accessed                                                                                                                                                   the need for off-street parking and                              This Context Area has a high level of
                                                                                                                                                                                                                                              3600
et.
                             The parking strategy utilizes a series of short-, mid-, and long-term tools to                                                           promote walkability.                                             walkability and vibrancy at the street
                                                                                                                                                                                                                                       level. 3400
                                                                                                                                                                                                                                                              DMDC




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                SP
                             manage parking over the course of time in order to generate economic
                                                                                      OWNED




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 RIN
                                                                                                                                      SIDE STREET




e accessed by a




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     G
                                                                               3200




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     ST
ont or side street.                                                                                              C            The      following            are      generally                                                         The   following     are    generally        The        following        are     generally

                             development, increase tax base, and boost mobility and accessibility.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     E
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  AV
                                                                               3000                                           appropriate form elements in this                                                                        appropriate form elements in this           appropriate form elements in this
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         RR
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             IS
corner with required                                                                        BUILDING FOOTPRINT
                                                                                                                              Context Area:                                                                                            Context Area:                               Context Area:                                                                                                                                                                                                                                   M
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        O

ngth of angled wall                                                                                                                    A. Attached buildings                                                                               2800Attached buildings
                                                                                                                                                                                                                                             A.                                              A. Attached buildings




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   JE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               1s
                                                                                             E
                                                                                                                                                                                                                                                               CITY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    tS




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      FF
                                                                                                                                       B. Medium to large building
                                                                                                                                                                                                                                           2600Medium to OWNED
                                                                                                                                                                                                                                             B.              large building                  B. Medium to large building




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      T




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         ER
                            2




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               SO
                                                             A     B       A DEMAND based tools work to diminish the demand for parking by reducing the number of
                                                                                    D                                                      footprint                                                                                             footprint                                        footprint




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                N
                                                           DEMAND BASED total vehicle trips downtown, which in turn reduces the parking required for those vehicles. Right-of-                                                                                    3.2 SET PARKING MAXIMUMS at or near the
                                                                                                                                                                                                                                           2400




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ST
                                                                                                                                       C. Building at the                                                                                    C. Building at or near the                      C. Building




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       2n
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          d
                                                                                                                                                                                                                                                                  Alternative methods of tailoring parking requirements involve establishing limits or “caps”




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               ST
                                                                    FRONT STREET                                                           Way                                                                                                   Right-of-Way                                     Right-of-Way




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               PIN
                                                               SOLUTIONS A significant part order to increase understanding and participation in the programs.
                                                                                              of the implementation of successful demand based solutions is education
                                                                                                                                                                                                                                           2200Small side setbacks parking maximum limitsD. Small sidespaces, promotes more efficient use of land,
                                                                                                                                                                                                                                                            COUNTYon the quantity of parking that can be provided for a given development. Establishing




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                E
                                                                              and outreach in                                          D. No side setbacks                                                                                   D.                                                the number of setbacks




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 ST
                                                                                                                                                                                                                                                                  the
                                                                                                                                       E. Storefront frontages                                                                             2000Varied frontages with an urban form, and protects thefrontages quality. modes, maximums can be
                                                                                                                                                                                                                                             E.                   enhances                   E. Varied use of alternative
                                                                                                                                                                                                                                                                                          encourages                   with an          provides for better
                              GOAL OF DEMAND BASED SOLUTIONS:                                                           DEMAND BASED TOOLS:                                                                                                      emphasis on commercial movement
                                                                                                                                                                                                                                                                  pedestrian                      emphasis on commercial
                                                                                                                                                                                                                                                                                                         air and water         Parking

                              CREATE AND PROVIDE MOBILITY CHOICE.
                                                                                                                        The list below highlights the DEMAND based tools that are included in                                                                                                       1800             linked with the availability of alternative modes and on-street parking spaces to enhance
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         APPLE AVE
                                                                                                                        this section, along with a snapshot of the implementation time-frame.                                                                                                                        the accessibility of the existing infrastructure.
                                                                                                                                                                                                                                                                                                    1600




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              3r
                              Decisions made regarding parking should be made through the lens




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  d
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   ST
                              of a mobility choice. Driving and parking make up just one part of                        Demand based tools are less intensive than other tools in this Strategy;
                                                                                                                                                                                                                                                                                                                      HERE’S HOW:
                             6.0 USE
                              downtown’s transportation infrastructure. While cars will continue to
                                                                                                                                                                        4         Section 2005
                                                                                                                        however, their potential positive impact should be considered when
                                                                                                                                                                                                                                                                                                    1400   DOWNTOWN FORM lieu of existing parking minimums within the current
                                                                                                                                                                                                                                                                                                                     A. In BASED CODE CITY OF MUSKEGON                                     zoning ordinance,




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          TE
                              be the primary mode of transportation for many, other modes - like                        taking the first steps in planning for a future parking system in Muskegon.                                                                                                                                                                                                               E
                                                                                                                                                                                                                                                                                                                                 consider establishing parking maximums that can not be exceeded. Allow the AV
                                                                                                                                                                                                                                                                                                              PRIVATELY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           RR
                            Building Type use:
                              walking, bicycling, and transit - should be increased to make up a
                                                                                                                                                                                                                                                                                                    1200
                                                                                                                                                                                                                                                                                                                                                                                                                N




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            AC
                              greater share of trips in the future.      Demand tools that are coupled with the proper education and                                                                                                                                                                                             private sector to determine the number of off-street spaces that are neededER
minimum (1 unit at                  A. Uses are regulated by Public Realm Context in lasting institutional shifts in the travel behavior                                                                                                                                                                       OWNED                                                                                          T




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               E
                                                                                                                                                                                                                                                                                                                                                                                                           ES




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ST
                                                                         evaluation can result                                                                                                                                                                                                                                   for a particular development.                                           W
pper level).                           Area. Refer to Section 5 for permitted uses in students, customers, and residents.
                                                                         of visitors, employees,                                                                                                                                                                                                    1000
                                       each Public Realm Context Area.                                                                                                                                                                                                                                                       B. Determine locations within the downtown that are appropriate to replace                                     AV
                                                                                                                                                                                                                                                                                                                                                                                                                                               E

                                                                                                                                                                                                                                                                                                    800                         minimum requirements with maximum requirements.                                                 CL
                                                                                                                                                                                                                                                                                                                                                                                                                                       AY
                                                                                                                     SNAPSHOT




                                                                                                                                      years         years   years
                                                                                                                                       1-3           3-5     5+
                                                                                                                                                                    2.1 PROVIDE TRANSIT INCENTIVES
                                                                                                                                                                                                                                                                                                    600                      C. Consider certain zones within the downtown that require no off-street space                                                                   AV
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 E
                                                                                                                                      years         years   years
                                                                                                                                                                    2.2 IMPLEMENT TRANSIT SUPPORTIVE ZONING                                                                                                                     requirements.                                                                                                                            ER
                                                                                                                                                                                                                                                                                                                                                                                                                                                                 ST
                                                                                                                                       1-3           3-5     5+
                                                                                                                                                                                                                                                                                                    400                                                                                                                                             W
                                                                                                                                                                                                                                                                                                                                                                                                                                                         EB
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            E
                                                                                                                                                                                                                                                                                                                             D. Modify regulations within the zoning ordinance to permit existing parking                                                                                       AV
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   E                                                     AV
                                                                                                                                                                                                                                                                                                    200
                                                                                                                                      years         years   years
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      5th




                                                                                                                                                                    2.3 ENHANCE BICYCLE PARKING AND FACILITIES                                                                                                                                                                                                                                                                                                                                       N
                                                                                                                                       1-3           3-5     5+                                                                                                                                                                                                                                                                                                                             N                                                     TO
                                                                                                                                                                                                                                                                                                                                spaces to be reduced if approved through a staff approval process with                                                                                    O
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       ST
                                                                                                                     IMPLEMENTATION




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        G                                                   US
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     KE                                                 HO
                          DOWNTOWN FORM BASED CODE CITY OF MUSKEGON                                                                   years
                                                                                                                                       1-3
                                                                                                                                                    years
                                                                                                                                                     3-5
                                                                                                                                                            years
                                                                                                                                                             5+
                                                                                                                                                                    2.4 INCENTIVIZE FLEXIBLE WORK SCHEDULES Western Avenue, Muskegon - underutilized on-street parking                              000         PARKING
                                                                                                                                                                                                                                                                                                                                findings that the parking reduction is consistent with the purposes of the new
                                                                                                                                                                                                                                                                                                                                zone.HOUSEHOLDS              POPULATION                                                                                                       M
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                US                                                                                              E
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             AV
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      4th
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         E
                                                                                                                                                                                                                                                                                                                 SPACES                                                                                                                                                                                                                                                O
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  6th




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   NR
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ST
                                                                                                                                                                                                                                                                                                                                                                                                                    7th




                                                                                                                                      years         years   years
                                                                                                                                                                    2.5 BIKE-SHARE                                                                                                                                                                                                                                                                                                                                                                              O
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     ST




                                                                                                                                       1-3           3-5     5+                                                                                                                                                                                                                                                                                                                                                                                                M
                                                                                                                                                                                                                                                                                                                                                                                                                        ST




                                                                                                                                                                                                                                                                                                                   DOWNTOWN MUSKEGON
                                                                                                                                      years         years   years
                                                                                                                                       1-3           3-5     5+
                                                                                                                                                                    2.6 CAR-SHARE




                             GRANDVILLE AVENUE AREA SPECIFIC PLAN [VIVA LA AVENIDA]
                                                                                                                        For more detailed information on implementation time-frames refer to the
                                                                                                                        implementation section at the end of this Strategy.

                                                           Implementation                                                                                                                                                                                                                                                                                                                                                NORTH                                                                                                          PARKING STRATEGY 2014 CITY OF MUSKEGON                                                                                   63
                             This recently adopted amendment to the City of Grand Rapids Master Plan
                              SECTION 2: Demand Based Solutions                                                                                             PARKING STRATEGY 2014 CITY OF MUSKEGON               27


                             re-envisions the Grandville Avenue corridor in the Roosevelt Park Neigh-
                             borhood. The highly-graphic and user-friendly bilingual plan is the result                                                                                                        SECTION 3: Supply Based Solutions                                                                                                        PARKING STRATEGY 2014 CITY OF MUSKEGON                     37

                             of an extensive public engagement process and includes a series of 7
                             places that represent destinations along the corridor. Each of these plac-
                             es include illustrative plans and renderings that convey the future vision of
                             the specific place, along with recommended techniques to achieve the
                             desired vision.

                                                                                                                                                                                                                                                                                                                                                                                            PROJECT REFERENCE:
                                                                                                                                                                                                                                                                                                                                                                                            Roosevelt Park Neighborhood Association
                                                                                                                                                                                                                                                                                                                                                                                            1260 Grandville Ave SW
                                                                                                                                                                                                                                                                                                                                                                                            Grand Rapids, MI 49503
                                                                                                                                                                                                                                                                                                                                                                                            Julie Niemchick, Former Director
                                                                                                                                                                                                                                                                                                                                                                                            p: 616.551.9407
                                                                                                                                                                                                                                                                                                                                                                                            e: [email protected]




                                4                                                                                                                                                                                                      Qualification Submittal for                                                                                                                     IMAGINE MUSKEGON LAKE
ATTACHMENT A
August 28, 2017
                                                                                                                                                                                                                                        CONSULTANT INFORMATION

   SELECTED PROJECT EXPERIENCE: NEDERVELD + WILLIAMS & WORKS
                                                                                              PLAZA ROOSEVELT DEVELOPMENT PLAN
                                                                                              One of our current projects that begins the implementation of the Grand-
         Concepto Preferido                                                               P   L AAvenue Area Specific Plan. In collaboration with 8 Concept and Roo-
                                                                                              ville Z A R O O S E V E L T                      Preferred partners
        PLAZA ROOSEVELT LAND USE SUMMARY:
                                                                                              sevelt Park residents, Nederveld and Williams & Works conducted robust
        RESIDENTIAL
        Habitat: 5 single family homes + 6 rowhouses + 8 lofts/flats = 19 dwellings
                                                                                              public engagement over a 5-month timeframe. The resulting concept
                                                                                                                                        COOK ARTS CENTER
        Habitat incubators or live/work spaces: 3 units

        Dwelling Place: 48 apartments in 2 buildings
                                                                                              plan which includes approximately 70 dwellings (apartments, live/works,                                                                   Existing building
                                                                                                                                                                                                                                         ►Potential to expand to the east (depicted with dashed line)



                                                                                              rowhouses and single-family homes), retail and office space, a pharma-
                                                                                                                                                                                                                                         ►Continue and expand arts program
                                                                                                                                                                                                                                         ►Cook may also expand YDS to adjacent mixed-use building
        GROUND FLOOR STOREFRONT
                                                                                                                                                                                                                                              CREAR


                                                                                              cy and medical clinic, and a 500-student high school is currently going
        Habitat incubators or live/work spaces = 3,000 square feet
                                                                                                                                                                                                                                              [CREATING]
        Dwelling Place: 15,000 square feet of ground floor storefront space

        PARKING (approximate)
        Dwelling Place parking under buildings: Approximately 55 spaces                       through the City of Grand Rapids entitlement PLAZA
                                                                                                                                        PARK AND process with construction
                                                                                                                                                                                                                                         ►On Grandville Avenue


                                                                                              expected to begin in 2018.
        South side parking lot: 71 spaces
        North side parking lots: 51 spaces (shared between school &Cook)                                                                                                                                                                 ►Neighborhood designed bus shelter
                                                                                                                                                                                                                                         ►Focal point within park that is surrounded by integrated seating
        Grandville Avenue: 43 spaces along two blocks (both sides of street)                                                                                                                                                             ►Decorative fence along edge of park at Rumsey and Grandville
        Franklin Street: 6 spaces                                                                                                                                                                                                        ►Park and plaza space can be programmed with outdoor art
        Rumsey Street: 30 spaces


PROJECT REFERENCE:
                                                                                                                                                                                                  GR                                          RECREAR
                                                                                                                                                                                                        AH                                                            CREAR
                                                                                                                                                                                                               AM                             [RECREATING]
        Total parking (on and off-street): 200 spaces                                                                                                                                                                ST                                               [CREATING]
                                                                                                                                                                 8 pa
                                                                                                                                                                      rk
                                                                                                                                                                spac ing




Habitat DWELLING PLACE
        for Humanity of Kent County
                                                                                                                                                                     es
                                                                                                                                                                                                       6 pa
                                                                                                                                                                                                              rkin
                                                                                                                                                                                                                  g sp
                                                                                                                                                                                                                      ac
       Mixed-Use building                                                                                                                                                                                                 es




425 Pleasant Street SW
         ►3-story building with setback at Grandville Avenue (2-story @ Grandville)                                                                                                             art
                                                                                                                                                                                                      plaz
         ►13,000 square feet of ground floor storefront space                                                                                                                                             a

         ►Storefronts face Grandville Avenue and the park/plaza


Grand Rapids, MI 49503
         ►Approximately 24 apartments on upper floors
         ►Approximately 30 parking spaces below grade & accessed from Graham
         ►Potential location for Youth Driven Space on ground floor                                                                                                                                                                     GRPS




                                                                                                                                                                                                                               es g
                                                                                                                                                                                                                                        Southwest Campus High




                                                                                                                                                                                                                          spacrkin
Ivor Thomas, Director of Development


                                                                                                              UE
                                                                                                                                                                                                                                         ►3-story building facing park and plaza




                                                                                                                                                                                                                            pa
               VIVIR                     CREAR                                                                     Bus Stop




                                                                                                             VEN
                                                                                                                                                                                                                                         ►5-story building facing highway




                                                                                                                                                                                                                         12
               [LIVING]                  [CREATING]
                                                                                                                                                                                                                                         ►Approximately 80,000 square feet




                                                                                                           LE A
                                                                                                                                                                                                                                         ►Gymnasium that can be used for community events during non-school hours


p: 616.774.2431
               COMPRAR                   TRABAJANDO                                                                                                                                                                                      ►Art rooms on north side with an outdoor art plaza




                                                                                                        VIL
               [SHOPPING]                [WORKING]




                                                                                                       ND
                                                                                                                                                                                                                                              APRENDER




                                                                                                         A
                                                                                                                                                                                                                                              [LEARNING]



                                                                                                      GR
e: [email protected]
        HABITAT FOR HUMANITY                                                                                       RUM




                                                                                                                                                                                                                                 es g
                                                                                                                         SEY




                                                                                                                                                                                                                            spacrkin
                                                                                                                               ST
       Two (2) quad (4-unit) dwellings (8 units total)




                                                                                                                                                                                                                              pa
                                                                                                                                                                                                                           25
         ►Home ownership opportunities
         ►Stacked flat or loft style condominium                                                                                                                                                                                        HABITAT FOR HUMANITY
                                                                                                                                                                                                                                        Three (3) rowhouse dwellings
               VIVIR                                                                                                                                                                                                                     ►Home ownership opportunities
               [LIVING]                                                                                                                                                                                                                  ►Two-stall attached garage
                                                                                                                                                                                                                                         ►Stoops facing Rumsey Street and park/plaza

       HABITAT FOR HUMANITY                                                                                                                                                                                                                   VIVIR
                                                                                                                                                                                                                                              [LIVING]
       Three (3) rowhouse dwellings
         ►Home ownership opportunities
         ►Detached two-stall garage                                                                                                                                                                                                     HABITAT FOR HUMANITY

                                                                                              CITY OF NILES PLACEPLAN
         ►Private back yard
                                                                                                                                                                                                                                        Five (5) single-family homes
                                                                                                                              71 parking spaces
               VIVIR                                                                                                                                                                                                                     ►Home ownership opportunities
               [LIVING]                                                                                                                                                                                                                  ►Private fenced side yard for each house


                                                                                              In collaboration with the Michigan Municipal League (MML), the City of
                                                                                                                                                                                                                                         ►Two-stall attached garage
                                                                                                                                                                                                                                         ►Porches facing Rumsey Street
       HABITAT FOR HUMANITY

                                                                                              Niles, and city stakeholders, the project team created focused design so-
       Three (3) live/work buildings or incubator spaces                                                                                                                                                                                      VIVIR
         ►Potential space for Hispanic Center and Ferris State University                                                                                                                                                                     [LIVING]
         ►Spaces for business incubation and collaboration


                                                                                              lutions for three city-owned blocks and provided urban design for down-
                                                                                                                                          DWELLING PLACE
         ►Two-story buildings

               SANAR                     TRABAJANDO                           VIVIR                                                                                                                                                     Mixed-Use Building

                                                                                              town streetspaces. Design solutions addressed massing, scale, connec-
               [HEALING]                 [WORKING]                            [LIVING]                                                                                                                                                   ►3-story building at Franklin Street
                                                                                                                                                                                                                                         ►2,000 square feet of ground floor storefront space (SE corner)
                                                                                                                                                                                                                                         ►Approximately 24 apartments on upper floors
       MERCY HEALTH
                                                                                              tivity, public realm enhancements, and mix of uses, as well as projected
                                                                                                                                    FRANKLIN STREET                                                                                      ►Approximately 25 parking spaces below grade
       Existing building and addition                                                                                                                                                                                                         VIVIR
         ►5,000 square foot addition to Clinic Santa Maria


                                                                                              infrastructure costs and implementation strategies. The project also in-
                                                                                                                                                                                                                                              [LIVING]
         ►Includes 1,500 square foot pharmacy and additional exam rooms
         ►Pharmacy includes rear drive-through space with three car stacking
                                                                                                                                                                                                                                               COMPRAR               TRABAJANDO
         ►One-story building


                                                                                              cluded recommendations for zoning changes that would enable the en-
                                                                                                                                                                                                                                               [SHOPPING]            [WORKING]
               SANAR
               [HEALING]
                                                                                                                                                    norte


                                                                                              visioned projects to be built.
                                                                                                                                                            0      25’     50’           100’

                                                                                                                                                    north   escala [scale] :: 1” = 50’

                                                                                                                                     May 30, 2017




PROJECT REFERENCE:
Michigan Municipal League
1675 Green Road
Ann Arbor, MI 48105
Richard Murphy, Program Coordinator
p: 734.669.6329
e: [email protected]




                                                                                              TURN ON 28TH STREET MASTER PLAN
                                                                                              Extensive public input and urban design were used to create a com-
                                                                                              prehensive and realistic master plan for the redevelopment of an aging
                                                                                              segment of 28th Street into a mixed-use, sustainable and economically
                                                                                              vibrant town center. Using concepts of suburban retrofitting, Nederveld
                                                                                              and Williams & Works collaborated with a team of economists, landscape
                                                                                              architects, and engineers to re-envision this auto dependent commercial
                                                                                              corridor. Implementation of the plan has commenced with the design
                                                                                              and construction of a portion of the crescent street and de-malling a por-
                                                                                              tion of the Wyoming Village Mall.
PROJECT REFERENCE:
City of Wyoming
1155 28th St SW
Wyoming, MI 49509
Tim Cochran, City Planner
p: 616.530.7266
e: [email protected]




Qualification submittal for                                                              IMAGINE MUSKEGON LAKE                                                                                                                                                                                                      5
ATTACHMENT A
August 28, 2017
  CONSULTANT INFORMATION

  SELECTED PROJECT EXPERIENCE: NEDERVELD
GR FORWARD DOWNTOWN AND RIVER ACTIVATION PLAN
Acting as the local consultant for Interface Studio, Nederveld provided
design and planning for two Grand Rapids Public School campuses that
are integrated into the Downtown and River Activation Plan.

Additionally, Nederveld provided public outreach and urban design
expertise on various riverfront and downtown sites, public spaces, and
streetscapes to support the Plan’s robust strategy.


                                                                              PROJECT REFERENCE:
                                                                              Downtown Grand Rapids, Inc.
                                                                              29 Pearl Street NW
                                                                              Grand Rapids, MI 49503
                                                                              Tim Kelly, Project Manager
                                                                              p: 616.719.4610
                                                                              e: [email protected]




CITY OF HUDSONVILLE MASTER PLAN
This city-wide master plan was part of a larger “Urban Demonstration Proj-
ect” facilitated by the Ottawa County Planning Commission and included
the creation of architectural guidelines, a downtown zoning ordinance
and a city-wide zoning ordinance. The master plan used extensive public
outreach to create a highly-graphic and user-friendly 15 year vision for
the City of Hudsonville. The plan includes a series of goals and strategies
to make the city more distinctive, livable, vibrant, and connected. The
plan was awarded the Michigan Association of Planning Daniel Burnham
Award in 2015.
                                                                              PROJECT REFERENCE:
                                                                              City of Hudsonville
                                                                              3275 Central Boulevard
                                                                              Hudsonville, MI 49426
                                                                              Dan Strikwerda, City Planner
                                                                              p: 616.669.0200
                                                                              e: [email protected]




BRIKYAAT DEVELOPMENT PLAN
This plan was the first Area Specific Plan adopted into the City of Grand
Rapids Master Plan. The plan was informed by extensive public participa-
tion and included a new Farmers Market, context sensitive infill, and pres-
ervation of key neighborhood assets.

The plan has also acted as a guide for successful neighborhood infill for
nearly 10 years and has led to continued urban economic development,
including the $2 million renovation of the Fulton Street Farmers’ Market.

                                                                              PROJECT REFERENCE:
                                                                              Midtown Neighborhood Association
                                                                              1147 East Fulton,
                                                                              Grand Rapids, MI 49503
                                                                              Christine Helms-Maletic, Former Director
                                                                              p: 616.774.2191
                                                                              e: [email protected]




 6                                          Qualification Submittal for       IMAGINE MUSKEGON LAKE
                      ATTACHMENT A
                      August 28, 2017
                                                                                                                                                                       CONSULTANT INFORMATION

                                                                    SELECTED PROJECT EXPERIENCE: WILLIAMS & WORKS
                                                                                                              MUSKEGON LAKESHORE REDEVELOPMENT PLAN
                                                                                                              Williams & Works in professional partnership with OCBA updated the
                                                                                                              City of Muskegon Downtown and Lakeshore Redevelopment Plan.
                                                                                                              With the emergence of substantial new investment downtown, this
                                                                                                              was an ideal opportunity to refine, strengthen, and advance the
                                                                                                              vision of earlier plans.

                                                                                                              The Plan was necessary to further guide the changes to ensure they
                                                                                                              are consistent with both previous planning efforts and new con-
                                                                                                              cerns and ideas, such as sustainability and green construction.




                                       III. A Plan for the Future




                                                                                            GRAND HAVEN ZONING AND MASTER PLAN
                                                                                            Williams & Works assisted the City of Grand Haven in rewriting its zoning or-
                                                                                            dinance, zoning map, and design standards for selected neighborhoods
                                                                                            in the City. The ordinance achieves a balance between the regulation of
                                                                                            form in the private and public realm, while preserving a realistic regulatory
                                                                                            structure related to land use. The new ordinance is a hybrid with elements
                                                                                            of form-based regulation, while ensuring that the land use expectations
                                                                                                                                            Master Plan
                                                                                                                                            City of Grand Haven
                                                                                            of existing property owners and the sensitive dune environments are re-
                                                                                            spected.
                                                                                           Rob Rd. Plan




                                                                                                                                                                                         N. beechtree plan
                      PROJECT REFERENCE:
                                                                                                                                            7




                      City of Grand Haven
                      519 Washington Avenue
                      Grand Haven, MI 49417
                                                                                                                                            3rd DRAFT Sub-Area Plans




City of Grand Haven                              Chapter 8




                                                                                                                                                                                                                 III. A Plan for the Future
Master Plan                4       3rd DRAFT Sub Area Plans
                      Pat McGinnis, City Manager
                      p: 616.842.3210
                                                                                                                                                          Chapter 8




                      e: [email protected]




                                                                                            ARENA SOUTH VISIONING PLAN
                                                                                            This plan created a vision for the development of five vacant properties
                                                                                            owned by the City of Grand Rapids DDA. The Plan maximizes opportu-
                                                                     City of Grand Haven                                       Chapter 8
                                                                     Master Plan                          8      3rd DRAFT Sub Area Plans


                                                                                            nities for improving connectivity, expanding walkability, and economic
                                                                                            development in downtown Grand Rapids. Among the unique character-
                                                                                            istics of the Plan was the thorough, innovative, and inclusive community
                                                                                            engagement process, which won the Best Practice Award from the Michi-
                                                                                            gan Association of Planning.




                      PROJECT REFERENCE:
                      Downtown Grand Rapids, Inc.
                      29 Pearl Street NW
                      Grand Rapids, MI 49503
                      Tim Kelly, Project Manager
                      p: 616.719.4610
                      e: [email protected]



                      Qualification submittal for                         IMAGINE MUSKEGON LAKE                                                                                                              7
ATTACHMENT A
August 28, 2017
 ATTACHMENT B
 AUGUST 28, 2017




August 17, 2017

Mr. Mike Franzak
Planning Manager
Planning and Economic Development Department
933 Terrace Street
Muskegon, Michigan 49443

RE: Imagine Muskegon Lake


Mike

Thank you for selecting our firms for the Imagine Muskegon Lake project and this opportunity to continue the
conversation regarding the scope and fees for the project. We are excited to be part of the evolution of the
Muskegon Lake shoreline as it transitions from its industrial heritage to a vibrant mixed-use future.

As referenced in our submitted RFQ and subsequent interview, Nederveld and Williams & Works plan to
collaborate with the City of Muskegon on this project. This letter serves as the proposed scope and fees related
to this project. It is based upon the RFQ, our conversations during the interview, and our understanding of the
previously completed planning initiatives.

The proposed scope and fees are on the following pages and contain an overview of our suggested process
and timeframe along with deliverables, meetings, and on-site activities.

If you have further questions or want to discuss this suggested scope further feel free to call or email us.


Thank you,




Mark F. Miller AIA AICP
Nederveld




    217 Grandville Avenue, SW Suite 302 • Grand Rapids, MI 49503 • P. 616.575.5190 • F. 616.575.6644
           Ann Arbor • Chicago• Columbus • Grand Rapids • Holland • Indianapolis • St. Louis
                                              www.nederveld.com
 ATTACHMENT B
 AUGUST 28, 2017




PHASE 1: UNDERSTANDING CONTEXT
The City of Muskegon and her partners have generated a wealth of visionary plans for the City, downtown,
and waterfront. These plans are the result of broad-based community planning work and extensive public
input. Taken together these efforts have forged a deep understanding of, and wide support for, the collective
vision and city-wide development strategy for Muskegon.

Rigorous analysis of these city building initiatives are the starting point for this project. The consultant team will
audit existing city plans in order to determine overarching guiding principles and opportunities and potential
constraints that may impact future design decisions and implementation. These overarching guiding
principles will provide guidance for design and implementation decision-making as the project moves
forward.

This review will likely include the following:
      1997 City of Muskegon Master Plan
      1999 City of Muskegon Waterfront Redevelopment Plan
      2003 Imagine Muskegon Community Design Workshop (and resulting plan)
      2004 Muskegon Area-wide Plan
      2008 Downtown Lakeshore Plan (co-created by Williams & Works)
      2016 Muskegon Parks and Recreation Master Plan
      2016 Muskegon Lake Vision 2020

Additionally, the consultant team will spend a day conducting place-based reconnaissance of the West
Waterfront, Lower West Western, Central Waterfront, and East Waterfront study areas in order to better
understand the existing context, site dynamics, and connections; and to ultimately inform the future vision of
the Imagine Muskegon Lake project. City staff or steering committee members are encouraged to participate
in these reconnaissance walks.

ON-SITE VISITS AND MEETINGS FOR PHASE 1: This phase will include one (1) reconnaissance walk as outlined
above.

DELIVERABLES FOR PHASE 1: Work product to be incorporated into final plan.

TIMEFRAME FOR PHASE 1: The timeframe for Phase 1 activities is as follows:
    Audit and analysis of existing plans: September 11 through September 22, 2017
    Reconnaissance walk: September 22, 2017


                                                                                         Phase 1 Fee: $5,000.00
 ATTACHMENT B
 AUGUST 28, 2017




PHASE 2: VISION SYNTHESIS AND INITIAL CONCEPT PLAN
The consultant team will use insights and information gathered during Phase 1, as well as best practices in
urban design, planning, and sustainability to hone a single and clear vision and conceptual development
strategy. This will lead to the creation of an Initial Concept Plan.

During the crafting of the Initial Concept Plan, it is important to have conversations with key stakeholders that
have development interest within the study area. This proposal includes initial stakeholder meetings to provide
input to help inform the Initial Concept Plan.

      Initial Stakeholder Conversations: Interviews with key stakeholders and developers of properties in the
       West Waterfront, Lower West Western, Central Waterfront, and East Waterfront study areas (i.e.
       Windward Pointe development for the former Sappi site). It is the intent of these meetings to provide
       design and potential implementation strategies for the Initial Concept Plan and to establish
       parameters for the subsequent Community Workshops.

The resulting Initial Concept Plan will be based upon a synthesis of the visions, strategies, and
recommendations of the existing city plans; along with the input from the key stakeholders. This Plan is
intended to be the base plan for the future public engagement efforts.

The Initial Concept Plan will be reviewed by the City planning staff prior to public engagement to ensure that
it incorporates relevant information.

The Initial Concept Plan will likely include a series of analysis overlays, diagrams, or graphic notations that
address connections, key redevelopment sites, sustainability, recreation, natural habitats, transportation,
industrial and port functions, and other relevant attributes established during the Phase 1 analysis.


ON-SITE VISITS AND MEETINGS FOR PHASE 2: This phase will include:
    Four (4) 1-hour meetings with stakeholders to inform the creation of the Initial Concept Plan.
    One (1) meeting with City staff to review the Initial Concept Plan.

The stakeholder meetings will be during a one-day visit and the City planning staff meeting will be on a later
date once the Initial Concept Plan is complete.

DELIVERABLES FOR PHASE 2: Initial Concept Plan and supporting graphics.

TIMEFRAME FOR PHASE 2: The timeframe for Phase 2 activities is as follows:
    Initial stakeholder conversations: Week of October 2, 2017
    Creation of Initial Concept Plan: October 9 through October 20, 2017
    Meet with City staff to review Initial Concept Plan: Week of October 23, 2017


                                                                                    Phase 2 Fee: $8,000.00
 ATTACHMENT B
 AUGUST 28, 2017




PHASE 3: COMMUNITY ENGAGEMENT
Meaningful public engagement is a source of strength for planning and design initiatives. The City of Muskegon has
done an exceptional job of deploying civic outreach programs to solicit ideas, identify common interests, and
cultivate enthusiastic support for the many previously completed plans.

Our proposed process aims to build on – not duplicate – this previous robust engagement. Phase 3 proposes an
active effort that focuses engagement on specific, targeted issues and activities that inform and guide the
refinement of the Initial Concept Plan while also formulating realistic and tenable implementation strategies.

The community engagement phase of this work includes:
     Public Workshops: A series of place-based mobile workshops over the course of one day to engage with
       residents and stakeholders. These workshops will review the Initial Concept Plan and seek input regarding
       implementation strategies. We propose to conduct these meetings at locations within the four study areas
       (West Waterfront, Lower West Western, Central Waterfront, and East Waterfront) during the course of this
       one day.

       Each public workshop will likely include the following sequence of events:
          1. An overview of the Initial Concept Plan and how it relates to the past planning efforts.
          2. A place-based site walk to familiarize participants with the context and to facilitate further ideation
              regarding the specific area.
          3. Engagement exercises and conversations regarding techniques for connectivity, land-use, public
              access to the waterfront, public realm urban design, aesthetics, transportation, sustainability, and
              resiliency related to each specific place.
          4. Discussion about strategies for the short- and mid-term implementation techniques for each specific
              place.

       This process will be repeated in each of the four (4) workshops over the course of this one-day activity,
       starting with a morning session and concluding with an evening session.

      Follow-up Stakeholder Conversations: After the public workshops follow-up interviews with key stakeholders
       and developers of properties in the West Waterfront, Lower West Western, Central Waterfront, and East
       Waterfront study areas will be conducted. It is the intent of these meetings to refine the Initial Concept Plan,
       to review results of public workshops, and to provide potential short- and mid-term specific implementation
       strategies.

       This series of interviews will also include a separate session with city staff.


ON-SITE VISITS AND MEETINGS FOR PHASE 3: This phase will include:
    Four (4) public workshops conducted in consecutive sequence over the course of one (1) day at each of
       the referenced study areas. Each workshop will be approximately 1½ hours in duration.
    Four (4) 1-hour meetings with stakeholders and one (1) meeting with City staff conducted during a single
       one (1) day visit.

The public workshops will be during a one-day visit and the stakeholder interviews will be on a later day following
the conclusion of the workshops.

DELIVERABLES FOR PHASE 3: Presentation graphics for the public workshops and work product to be incorporated
into final plan.

TIMEFRAME FOR PHASE 3: The timeframe for Phase 3 activities is as follows:
     Public Workshops: October 30, 2017 (alternate date could be November 3, 2017)
     Follow-up stakeholder conversations: November 6, 2017


                                                                                         Phase 3 Fee: $12,000.00
 ATTACHMENT B
 AUGUST 28, 2017




PHASE 4: PREFERRED PLAN AND IMPLEMENTATION
The consultant team will create a Preferred Plan based upon the information gathered in Phase 1 and the
input received in Phases 2 and 3, as well as best practices in urban design, planning, and sustainability to hone
a single and clear preferred vision and final development strategy.

The Preferred Plan will strive to balance community aspirations with the practical realities of the market and
existing context. This plan will also include realistic short-, mid-, and long-term implementation strategies that
can be initiated and completed by collaborative efforts of citizens, the City, and the development
community.

The Preferred Plan and implementation strategies will likely be illustrated through various techniques that are
established during Phase 3. These may include connectivity, land-use, public access to the waterfront, public
realm urban design, aesthetics, transportation, sustainability, and resiliency.


ON-SITE VISITS AND MEETINGS FOR PHASE 4: This phase will include:
    One (1) presentation to the Planning Commission / City Commission at a joint public meeting to review
       the final plan document

DELIVERABLES FOR PHASE 4: Final Preferred Plan with Implementation Strategies. The Plan and implementation
will be incorporated into a bound document that includes a summary of the process, analysis, and input in a
graphic-based easy to understand format.

The final document will also be delivered in poster format for use by the client. The production of up to twenty-
five (25) single sheet posters is also included in this proposal.

TIMEFRAME FOR PHASE 4: The timeframe for Phase 4 activities is as follows:
    Creation of Preferred Concept & Implementation Strategies: November 13 through December 1, 2017
    Production of document and presentation preparation: December 1 through December 8, 2017
    Presentation to Planning Commission / City Commission: December 12, 2017

                                                                                     Phase 4 Fee: $15,000.00
 ATTACHMENT B
 AUGUST 28, 2017




PROJECT SUMMARY

timeline




  Engagement: Recommended day of event, refer to scope

  Engagement: Recommended date range for event, with specific day of event to be determined

  Design Team Process




 fee
        PHASE 1 ............................................................................................................. $5,000.00
        PHASE 2 ............................................................................................................. $8,000.00
        PHASE 3 ........................................................................................................... $12,000.00
        PHASE 4 ........................................................................................................... $15,000.00

        Project Total ............................................................................................... $40,000.00
                              AGENDA ITEM NO. _______________
                      CITY COMMISSION MEETING _________________________




TO:         Honorable Mayor and City Commissioners

FROM:       Frank Peterson, City Manager

DATE:       September 6, 2017

RE:         Fund Transfer

SUMMARY OF REQUEST:

FY 2016-17 finished slightly stronger than anticipated. In particular, the police department was nearly
$800,000 under budget and revenues associated with income taxes and rental registrations were up.
The net result is an anticipated one-time surplus in the General Fund equal to nearly $1.2 Million. Staff
is recommending that $1 Million be transferred to the Public Improvement Fund in preparation for a
number of anticipated capital needs.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

Amend the 2016-17 Budget to transfer $1 Million from the General Fund to the Public Improvement
Fund.

STAFF RECOMMENDATION:

Approve the transfer of $1 Million from the General Fund to the Public Improvement Fund

COMMITTEE RECOMMENDATION:
                              AGENDA ITEM NO. _______________
                      CITY COMMISSION MEETING _________________________




TO:         Honorable Mayor and City Commissioners

FROM:       Frank Peterson, City Manager

DATE:       September 6, 2017

RE:         GVSU Affiliate Agreement

SUMMARY OF REQUEST:

Enter into an affiliate agreement with GVSU to accommodate Commissioner Warren’s continued
education in the Clinical Dietetics Program.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None.

STAFF RECOMMENDATION:

Approve the affiliate agreement with Grand Valley State University.

COMMITTEE RECOMMENDATION:
     HEALTH-RELATED ACADEMIC PROGRAM AFFILIATION AGREEMENT
                 GRAND VALLEY STATE UNIVERSITY


THIS AGREEMENT, set forth October 1, 2017 is made and entered into by and between City of
Muskegon, located at 933 Terrace Street, Muskegon, Michigan 49440 (“Agency") and Grand
Valley State University, a Michigan constitutional body corporate, located at 1 Campus Drive,
Allendale, Michigan 49401 (“University”). This Agreement hereby supersedes and replaces any
and all preexisting affiliation agreements between the Agency and the University.

                                        RECITALS

        The University is an institution of higher learning, which operates numerous health-related
academic programs for students, many of which include experiential learning requirements for the
purpose of education and training (all health-related academic programs for students at University
are hereinafter identified as the “Program”).

        The Agency possesses certain facilities, equipment, services, and personnel within its
Agency and various Agency locations, or contracted with third party agencies, conducive to the
on-site educational component of the Programs. The Agency has an interest in and the resources
for providing education and training experiences to University students, and is willing to grant
students (hereinafter identified as the “Student(s)”) and University faculty access to and use of
such facilities and services.

        NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:

1.      University’s Responsibilities. The University agrees, during the term of this Agreement
to do as follows with respect to the Program(s):

       (a)     Schedule Students and their respective educational experiences in accordance with
the instructional plan specific to each Program at times mutually agreed upon between the
University and the Agency.

       (b)      Appoint a representative ("Program Coordinator") for each Program who shall
coordinate all aspects of the Student’s on-site educational experience with the designated Agency
Representative (defined in Section 2(e) below).

        (c)     Provide instruction to each Student, in accordance with professional training
standards and present for educational experience at the Agency only Students who have
satisfactorily completed the didactic educational aspects of the Program.

       (d)     Require each Student to pass an appropriate screening confirming the Student is
capable of participating in an experiential learning opportunity. University Program Coordinator
shall work with Agency Representative to determine the screening appropriate to the Program or



                                                1
                                                                                       5/16/2017 UAA
discipline’s health compliance requirements and/or as required by the Agency. Only those
requirements mutually determined to be necessary will be completed by the Student.

•   Annual Tuberculosis (TB) screening;
•   Measles (Rubeola), Mumps and Rubella (MMR)
        o Documented two vaccinations OR titer results indicating immunity;
        o If vaccination documents are not available and titer is negative, revaccination is
           required;
•   Tetanus, Diphtheria and Pertussis (Tdap) – Must meet criteria #1 and #2:
        o Criteria #1 – One dose of Tdap regardless of when previous dose of Tetanus diphtheria
           (Td) was received, AND
        o Criteria #2 – A Td or Tdap vaccination within the last ten years;
•   Influenza (flu)
        o Annual influenza vaccination;
        o Additional strain influenza, if applicable and available;
•   Meningococcal
        o One adult Meningococcal vaccination and a booster dose every five years for
           individuals who are routinely exposed to isolates of Neisseria meningitidis;
•   Varicella (Chicken Pox)
        o Documented two vaccinations OR confirmed disease by medical provider OR titer
           results indicating immunity;
        o If vaccination documents are not available and titer is negative, revaccination is
           required;
•   Hepatitis B
        o Documented immunization series of three vaccinations AND a Hepatitis B surface
           antibody titer result indicating immunity;
        o If an individual’s titer result is negative after initial vaccination series, an additional
           booster dose and/or an entire second series of three vaccinations is required followed
           by titer retesting four-six weeks after last vaccination;
        o If subsequent titer test is negative following an entire second vaccination series, the
           individual is considered a non-responder and a signed Hepatitis B Waiver-Non-
           responder form will be required;
        o If record of the initial series of Hepatitis B vaccination is unobtainable, and the titer
           indicates immunity, the individual will be required to receive a complete vaccination
           series. If the individual chooses not to obtain additional Hepatitis B vaccinations, a
           signed Hepatitis B Waiver-Lack of Vaccine Documentation with Positive Titer form
           will be required;
•   Cardiopulmonary Resuscitation (CPR)
        o Current certification as applicable to the requirements of the Student’s Program.

        (e)     Train with respect to compliance and inform University faculty and Students of the
expectation that they comply with Occupational Safety & Health Administration’s (OSHA’s)
Bloodborne Pathogen Standard, 29 CFR sec. 1910.1030, et seq. if they can be reasonably
anticipated to have Occupational Exposure, as the term is interpreted by OSHA, while participating
in educational experiences at the Agency. The University and its Students are informed to


                                                 2
                                                                                         5/16/2017 UAA
immediately report to the Agency’s designated office any exposure incidents that occur while
performing work on the Agency premises.

       (f)     Maintain all educational records and reports relating to participation by individual
Students in the educational program, the Agency shall have no responsibility to maintain any such
records. The Agency shall refer all requests for information respecting such records to University.
University agrees to comply with applicable statutes, rules, and regulations respecting the
maintenance of and release of information from such records.

        (g)     Encourage Students to maintain their own health insurance. Any cost incurred due
to injury/illness is the responsibility of the Student.

        (h)      Have full responsibility for the conduct of any Student’s or University faculty
member’s disciplinary proceedings and shall conduct the same in accordance with all applicable
statutes, rules, regulations, and case law.

        (i)    Be responsible for providing for the Student accommodations required pursuant to
the Americans with Disabilities Act that are not Agency-related. The University shall notify the
Agency in advance of Agency-related accommodations and/or access accommodations requested
by the Student and required pursuant to the Americans with Disabilities Act.

        (j)    If applicable to the Program, provide University faculty members and Students with
personal radiation monitoring devices to be worn according to University policies. The University
faculty members and Students shall adhere to the radiation safety policies of the University,
including the policy on pregnancy.

2.     Agency’s Responsibilities. The Agency agrees, during the term of this Agreement that:

       (a)      No provision of this Agreement shall prevent the Agency from refusing to accept
any Student or University faculty member of each Program at the Agency who has previously been
discharged for cause as an employee of the Agency, who has been removed from or relieved of
responsibilities for cause by the Agency, who would not be eligible for employment by the
Agency, or who the Agency otherwise deems, in its sole and reasonable judgment, to be
unacceptable.

       (b)     One of the following two educational models may be utilized by the University and
Agency. The model selected is dependent on the educational experience needed as determined by
the University in consultation and cooperation with the Agency.

       Model A
       Each University faculty member assumes accountability for the education and supervision
       of their assigned Student(s) and is responsible for the evaluation of Student(s) performance.
       Agency personnel will facilitate Student(s) learning through the collaborative nature of the
       learning environment.




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       Model B
       Agency personnel assume responsibility for supervision of Student(s) with the support of
       the University faculty. These Agency personnel meet criteria to serve as preceptor as
       determined by the University, and have the endorsement of the Agency’s Administrator or
       designee. The preceptor will assist Students to achieve the objectives of the course in which
       they are enrolled, monitor Student progress, and provide feedback to both the Student and
       University faculty regarding Student performance. The University faculty will assume
       responsibility for the educational component, provide guidance and support to the
       preceptor, utilize feedback from the preceptor, and assign the Student grades. For health-
       related academic programs, the Agency shall provide supervision of all patient care
       activities.

        (c)     The Agency's supervisory personnel may, in its sole discretion, relieve a Student or
University faculty member from a specific assignment or require that such Student or University
faculty member leave the Agency and not return until a final determination of the future status of
such Student or University faculty member shall be made. The Agency shall submit a detailed
written report of any such action to the University within three business days (excluding Saturdays,
Sundays, and holidays) after its occurrence and the parties shall cooperate in an effort to avoid a
recurrence.

         (d)    The Agency shall permit University faculty and Students access to and use of its
facilities and services in accordance with the instructional plan set forth at the times mutually
agreed upon by University and the Agency. The Agency shall cooperate with University in
planning and conducting the Student experience, to the end that the Student experience may be
appropriate in light of University's educational objectives.

       (e)     The Agency shall appoint a representative (“Agency Representative") who will
coordinate the use of Agency services by each Student and University faculty member.

        (f)     If applicable, the Agency shall provide access to and use of various sources of
information for educational purposes, including but not limited to patient records, client, member
or athlete training/treatment records, nursing station references, pertinent procedures and policy
manuals, and standard references such as medical dictionaries, sports/athletics practical references,
and information on diagnostic tests, drugs, etc. Notwithstanding the foregoing, Students shall not
be allowed to copy or cause to be copied, patient/client/member/athlete medical records (whether
or not de-identified) or confidential Agency documents such as policies or procedures without
written permission from Agency personnel.

       (g)    The Agency may permit, upon reasonable request, the inspection of facilities by
agencies charged with the responsibility for accreditation of the University’s Programs.

       (h)     The Agency shall inform the University of the Agency rules and regulations
applicable to the University faculty and Students and provide orientation for Students and any
University faculty involved in the Program at the Agency. The University shall inform the
University faculty and Students of the expectation that they comply with all applicable rules and



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regulations of the Agency. The Agency shall keep the University apprised of any and all changes
in the Agency’s applicable policies and procedures.

         (i)    The Agency agrees to provide and be responsible for maintenance and repair of all
facilities and equipment for the Students assigned to the Agency. The Agency shall also provide
any required identification for admission to the Agency.

3.     Indemnification and Insurance. The parties mutually acknowledge and agree as follows:

        (a)     To the extent permitted by law, each party covenants and agrees to indemnify and
save each other party harmless from any liability, loss, damage or expense, including legal fees,
arising out of the negligent performance of their respective obligations under this Agreement or
by anyone for whom they are in law responsible. The parties hereto agree that they shall co-
operate with each other in the defense of any such action, including providing each other with
prompt notice of any such action and the provision of all material documentation. In no event shall
a party be liable (whether in an action in negligence, contract or tort or based on a warranty or
otherwise) for any indirect, incidental, special or consequential damages incurred by the other
party or any third party, even if the party has been advised of the possibility of such damages.

       (b)     In order to insure against potential liability arising out of the activities performed
under, or in any manner related to, this Agreement, Agency and University each agree to obtain
and maintain, in force and effect, liability insurance in the types and amounts set forth below:


              i.       Each party agrees to maintain comprehensive general liability insurance
                       with minimum limits of $1,000,000 per occurrence and $3,000,000
                       aggregate. Both the Agency and University agree that such insurance
                       cannot be cancelled before the expiration date thereof. Certificate
                       evidencing compliance of such insurance shall be provided to each party
                       upon request of the other.

             ii.       University shall maintain professional liability insurance covering the
                       University faculty and Students assigned to the Agency with limits of
                       $1,000,000 per occurrence and $3,000,000 annual aggregate. University
                       agrees that such insurance cannot be cancelled before the expiration date
                       thereof. Certificate evidencing compliance of such insurance shall be
                       provided to the Agency upon request.

            iii.       Agency shall maintain professional liability insurance covering the Agency,
                       its professional employees and staff with limits of $1,000,000 per
                       occurrence and $3,000,000 annual aggregate. Agency agrees that such
                       insurance cannot be cancelled before the expiration date thereof. Certificate
                       evidencing compliance of such insurance shall be provided to the University
                       upon request.

4.      Limitations on Access. The Agency reserves the right to restrict any and all Program
activity when, in the sole discretion of the Agency, the health, welfare and safety of any patient

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requires such a restriction. The Agency, in consultation with the Program Coordinator, further
reserves the right to refuse access to its Agency to any Student or University faculty member who
fails to conform to pertinent Agency rules and regulations.

5.      Term of Agreement. The term of this Agreement shall be for one year commencing on
October 1, 2017 through September 30, 2018 and shall automatically renew for additional one
year terms on the anniversary date unless any party hereto terminates this Agreement by providing
ninety (90) days prior written notice to the other party. Termination shall not prevent any Student
who is then satisfactorily participating under this Agreement from completing the Program.

6.       Nonemployee Status. It is understood between the parties that Students are placed at the
Agency in order to fulfill academic requirements of University and that University has complete
control over all academic aspects of each Program. The parties acknowledge that the duties
performed by Students are not performed as employees but in fulfillment of the academic
requirements related to their Program and are performed under supervision of University's faculty.
It is similarly acknowledged that the duties performed by University's faculty members at the
Agency are intended to fulfill the academic requirements of University's Students and are not
performed as employees of the Agency. At no time shall Students replace or substitute for any
employee of the Agency nor shall Students perform any of the duties normally performed by
employees of the Agency except such duties as is part of their training and are performed pursuant
to this Agreement. Consistent with this provision, Students and University faculty shall not receive
compensation from the Agency and shall not be eligible for any Agency employee benefits.
Students shall be identified as Students of University through the use of identification badges
furnished by University.

7.      Employee Status. During the period that University’s Students are placed at the Agency
in order to fulfill academic requirements of the University a Student may enter into an employment
relationship with the Agency (including internships that pay stipends or wages to Students). If the
Agency and Student enter into such an employment relationship, the Agency and Student shall
establish any and all terms of that employment relationship, including hours, wages, and fringe
benefits. University shall not be a party to such an employment relationship. If the Agency and
Student enter into such an employment relationship, that relationship shall be independent of,
outside the scope of, and shall in no way modify or abrogate the obligations of the University and
Agency under this Agreement, unless the parties expressly provide otherwise in writing.

8.      Worker's Compensation Claims. Agency expects and University agrees that University
is insured for worker's compensation and University shall indemnify and hold the Agency harmless
from any worker's compensation claims, including actual medical and compensation benefits paid
to or for University faculty members by the Agency plus the Agency's claims handling expense,
including administrative costs and legal fees and expenses. The Agency agrees to immediately
notify University's Legal, Compliance & Risk Management Division in the event a University
faculty member files a worker’s compensation claim or in the event the Agency files notification
with the Worker's Compensation Bureau of the University faculty's injury prior to a claim being
made. In the event the Agency determines not to contest any such claim, it shall give timely notice
to University of such determination so that University may direct the Agency to contest such claim,



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provided, however, that in such event the expenses of contesting such claims shall be borne by
University.

9.      Compliance with Law and Regulations. The parties acknowledge that this Agreement
is subject to, and agree to comply with, applicable local, state, and federal statutes, rules, and
regulations (“Applicable Law”). Any such provisions of Applicable Law that currently or in the
future invalidate any term of this Agreement, that are inconsistent with any term of this Agreement,
or that would cause one or both of the parties to be in violation of law while performing this
Agreement shall be deemed to have superseded the terms of this Agreement. The parties shall use
their best efforts to accommodate the terms and intent of this Agreement consistent with the
requirements of Applicable Law.

10.    Non-Exclusivity. The parties understand and agree that this is not an exclusive agreement
and the Agency may contract with other providers to provide such service at its discretion.

11.     Compliance. Services provided under this Agreement shall be provided in conformance with
Applicable Law, applicable Agency bylaws, rules and regulations, Agency policies and any
requirements of third party payers. University and Agency acknowledge that Students are volunteers
and are considered a member of the Agency’s workforce as defined in 45 C.F.R. § 160.103, for the
limited purposes of the Health Insurance Portability and Accountability Act (HIPAA). University
faculty and Students perform no functions of this Agreement as a Business Associate for the Agency,
as defined in 45 C.F.R. § 160.103, for the limited purposes of HIPAA.

12.     Confidentiality. University agrees and will instruct its Students and University faculty to
respect the confidential nature of all information that they have access to, including but not limited
to patients’/clients’/members’/athletes’ personal health information. University shall advise all
Students and University faculty of the importance of complying with all relevant state and federal
confidentiality laws, including the Health Insurance Portability and Accountability Act of 1996
(HIPAA) and the Health Information and Technology for Economic and Clinical Health Act
(HITECH) enacted as part of the American Recovery and Reinvestment Act of 2009, to the extent
applicable, and shall provide training in the requirements of the privacy and security provisions of
HIPAA. During the term of this Agreement, and any additional period where Students or
University faculty are present at the Agency providing care/treatment/services or participating in
the provision of care/treatment/services to Agency’s patients/clients/members/athletes, University
shall NOT require or permit Students to remove any records, patient/client/member/athlete records
or any Protected Health Information, if applicable, (as that term is defined under the HIPAA
Privacy Standards) from the Agency. University shall not require or permit Students to use
patient/client/member/athlete         specific      case       examples         with       identifying
patient/client/member/athlete information in any educational presentations and shall not require or
permit Students to provide any Protected Health Information to University as proof of completion
of specific academic requirements relative to the completion of Students’ Program or curriculum
without appropriate HIPAA protections (e.g. HIPAA-compliant authorization from the
patient/client/member/athlete).

13.    FERPA. Agency and University each agree to recognize the confidential status of Student
educational records pursuant to the Family Educational Rights and Privacy Act (FERPA) and will


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respect the confidential nature of the Student information provided to the Agency pursuant to this
Agreement. Both parties shall abide by the limitations on re-disclosure of personally identifiable
Student information from educational records as set forth in the Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. § 1232g; 34 CFR Part 99).

14.    Assignment. Neither party may assign any rights or obligations under this Agreement
without prior written approval of the other party.

15.    Third Parties. This Agreement shall be enforceable only by the parties hereto and their
successors in interest by virtue of an assignment, provided that such assignment is not prohibited
under the terms of this Agreement, and no other person, shall have the right to enforce any of the
provisions contained herein.

16.     Amendments. This Agreement may be amended at any time by mutual agreement of the
parties hereto, provided that before any amendment shall be operative or valid, it shall be reduced
to writing and signed by both parties. Such amendments or modifications shall be attached hereto
and shall become part of this Agreement.

17.     Complete Agreement. This Agreement, executed by the contracting parties, contains the
entire understanding of the parties with respect to the subject matter hereof and such understanding
may not be modified except in writing signed by the parties.

18.    Severability. If any provision of this Agreement is found to be unenforceable or illegal,
the remaining part of the Agreement shall remain in effect and be enforceable.

19.     Counterparts. This Agreement may be signed in one or more counterparts, each of which
shall constitute an original, and all of which together shall constitute one and the same instrument.
Electronic signatures will be considered originals.

20.    General Provisions. The Agency and University mutually acknowledge and agree:

      (a)       Each party shall be separately responsible for compliance with all Applicable
Laws which may be applicable to their respective activities under each Program.

       (b)         During the term of this Agreement, the University and Agency agree to not
discriminate against any person based on race, color, creed, ancestry, religion, sex, national origin,
age, ancestry, disability, sexual orientation, gender identity, gender non-conformity, gender
expression, transgender status, veteran status, pregnancy, or marital or parental status.

        (c)         In the performance of their respective duties and obligations under this
Agreement, each party is an independent contractor, and neither is the agent, employee or servant
of the other, and each is responsible only for its own conduct.

        (d)         The failure of either party to insist upon strict compliance with or performance
of any provision of this Agreement by the other party shall not be deemed to be a waiver of said
party's rights or remedies, nor shall it be construed as a waiver of any subsequent default.

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       (e)        Notice. Any notice under this Agreement shall be directed to:

                             CITY OF MUSKEGON:
                             Frank Peterson
                             City Manager
                             City of Muskegon
                             933 Terrace Street
                             Muskegon, MI 49440
                             [email protected]


                             GRAND VALLEY STATE UNIVERSITY:
                             Kimberly S. Muma, RN, BSN, BS, MS
                             Health Compliance Coordinator
                             Grand Valley State University
                             Office of the Vice Provost for Health – CHS 400
                             301 Michigan Street NE
                             Grand Rapids, MI 49503
                             [email protected]



IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly
authorized representatives each having the authority to bind Agency and University, respectively.

 CITY OF MUSKEGON                                  GRAND VALLEY STATE UNIVERSITY


 By: ______________________________                By: ______________________________
        Frank Peterson                                   Jean Nagelkerk, PhD, FNP, FNAP
        City Manager                                     Vice Provost for Health

 Date: _____________________________               Date: _____________________________




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      Commission Meeting Date:      September 12th, 2017




Date:      September 1, 2017
To:        Honorable Mayor & City Commission
From:      Community and Neighborhood Services
           Department
RE:        Request to conduct a Public Hearing of the
           Community & Neighborhood Services Department
           2016 Consolidated Annual Performance
           Evaluation Report (CAPER)


SUMMARY OF REQUEST: To conduct a public hearing of the 2016
CAPER projects funded through CDBG and HOME allocations to the
City of Muskegon Community and Neighborhood Services department.
FINANCIAL IMPACT:    None


BUDGET ACTION REQUIRED:        None


STAFF RECOMMENDATION: To submit the 2016 CAPER, including
any public comments received during the 15 day comment period
ending September 19, 2017.
COMMITTEE RECOMMENDATION: None
                Commission Meeting Date: September 12, 2017




Date:         September 7, 2017
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Public Hearing – Amendments to the Downtown Development
              Plan and Tax Increment Finance Plan of the City of Muskegon


SUMMARY OF REQUEST:

To hold a public hearing and approve the amendments to the Downtown Development Plan
and Tax Increment Finance Plan, which includes removing certain parcels from the plan and
adding other certain parcels into the plan. The amendments also include extending the
duration of the plan until October 1, 2042.

FINANCIAL IMPACT:

It is anticipated that the Downtown Development Authority will capture increased values with
future development.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To approve the plan amendments.

COMMITTEE RECOMMENDATION:

The Downtown Development Authority unanimously approved the plan amendments at their
August 8 meeting.




9/7/2017
                                      City of Muskegon
                                County of Muskegon, Michigan

                                  ORDINANCE NO. _______

                  AN ORDINANCE APPROVING AMENDMENTS TO
                     THE DOWNTOWN DEVELOPMENT PLAN
          AND TAX INCREMENT FINANCE PLAN OF THE CITY OF MUSKEGON
                    DOWNTOWN DEVELOPMENT AUTHORITY

                                             Recitals

         WHEREAS, the Muskegon Downtown Development Authority (the "Authority") has

previously prepared and approved a Downtown Development Plan and Tax Increment Finance

Plan (the "Plan") for the Development Area described in the Plan, which was approved by the

City Commission on July 12, 1988, pursuant to Ordinance No. 969; and,

         WHEREAS, the City Commission approved amendments to the Plan on March 31, 1989,

(the "1989 Amendment") pursuant to Ordinance No. 982; and,

         WHEREAS, the City Commission approved amendments to the Plan on August 28,

2001, pursuant to Ordinance No. 2050; and,

         WHEREAS, the City Commission approved amendments to the Plan on November 13,

2001, pursuant to Ordinance No. 2060; and,

         WHEREAS, the Authority has prepared and recommended for approval an amendment,

attached hereto as Exhibit A (the "Plan Amendment"), to the Plan; and,

         WHEREAS, on September 12, 2017, the City Commission held a public hearing on the

Plan Amendment pursuant to Act 197, Public Acts of Michigan, 1975, as amended (the "Act");

and,

         WHEREAS, the purpose of the amendment is to amend the Development Plan and Tax

Increment Financing Plan to remove certain parcels and to include certain parcels from the




9/7/17
development area set forth in those Plans and to extend the duration of the Development Plan

and Tax Increment Financing Plan; and,

         WHEREAS the City Commission has given the taxing jurisdictions in which the

Development Area is located an opportunity to meet with the City Commission and to express

their views and recommendations regarding the Plan Amendment as required by the Act,

         NOW, THEREFORE, THE CITY OF MUSKEGON ORDAINS:

         1.    Findings

         (a)   The development plan portion of the Plan, as amended by the Plan Amendment,

meets the requirements set forth in Section 17(2) of the Act, and the tax increment financing plan

portion of the Plan, as amended by the Plan Amendment, meets the requirements set forth in

Section 14(2) of the Act.

         (b)   The proposed method of financing the development is feasible and the Authority

has the ability to arrange the financing.

         (c)   The development is reasonable and necessary to carry out the purposes of the Act.

         (d)   Any land included within the Development Area to be acquired is reasonably

necessary to carry out the purposes of the Act.

         (e)   The Plan, as amended by the Plan Amendment, is in reasonable accord with the

master plan of the City.

         (f)   Public services, such as fire and police protection and utilities, are or will be

adequate to service the Development Area.

         (g)   Changes in zoning, streets, street levels, intersections, and utilities, to the extent

required by the Plan, as amended by the Plan Amendment, are reasonably necessary for the Plan,

as amended by the Plan Amendment, and for the City.




9/7/17
         2.    Public Purpose. The City Commission hereby determines that the Plan, as

amended by the Plan Amendment, constitutes a public purpose.

         3.    Best Interest of the Public. The City Commission hereby determines that it is in

the best interests of the public to halt property value deterioration, increase property tax

valuation, eliminate the causes of the deterioration in property values, and to promote growth in

the Downtown District to proceed with the Plan, as amended by the Plan Amendment.

         4.    Approval and Adoption of Plan Amendment. The Plan Amendment is hereby

approved and adopted. A copy of the Plan, the Plan Amendment, and all later amendments

thereto shall be maintained on file in the City Clerk's office.

         5.    Amendment to Ordinance No. 969; Conflict and Severability. Ordinance No. 969

is hereby amended by this Ordinance. All ordinances, resolutions and orders, or parts thereof, in

conflict with the provisions of the Ordinance are, to the extent of such conflict, hereby repealed.

Each section of the Ordinance and each subdivision of any section thereof is hereby declared to

be independent, and the finding or holding of any section or subdivision thereof to be invalid or

void shall not be deemed or held to affect the validity of any other section or subdivision of the

Ordinance.

         6.    Paragraph Headings. The paragraph headings in this Ordinance are furnished for

convenience of reference only and shall not be considered to be a part of the Ordinance.

         7.    Publication and Recordation. A Notice of Adoption shall be published promptly

after the Ordinance is adopted in the Muskegon Chronicle, a newspaper of general circulation in

the City, qualified under State law to publish legal notices, and shall be recorded in the

Ordinance Book of the City, which recording shall be authenticated by the signature of the City

Clerk.




9/7/17
         8.     Effective Date. The Ordinance is hereby determined by the City Commission to

be immediately necessary for the interests of the City and shall be in full force and effect from

and after its passage and publication as required by law.

         Passed and adopted by the City Commission of the City of Muskegon, County of

Muskegon, State of Michigan, on September 12, 2017.


AYES:           Members _________________________________________________________

                _________________________________________________________________

NAYS:           Members _________________________________________________________

ABSENT:         Members _________________________________________________________

ORDINANCE DECLARED ADOPTED.

                                                             CITY OF MUSKEGON

                                                             By___________________________
                                                             Ann Marie Meisch
                                                             City Clerk

         I hereby certify that the foregoing is a true and complete copy of Ordinance No. _____

adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a

regular meeting held on September 12, 2017, and that said meeting was conducted and public

notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act,

being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept

and will be or have been made available as required by said Act.

                                                             ______________________________
                                                             Ann Marie Meisch
                                                             City Clerk




9/7/17
                                    EXHIBIT 1
                           DEVELOPMENT PLAN AMENDMENT


The original Development Plan of 1988, as amended in 1989 and twice in 2001, is further
amended in Section II.A. to amend the boundaries of the DDA development area by deleting the
parcels described in Exhibit A.

The original Development Plan of 1988, as amended in 1989 and twice in 2001, is further
amended in Section II.A. to amend the boundaries of the DDA development area by including
the parcels described in Exhibit B.

The original Development Plan of 1988, as amended in 1989 and twice in 2001, is further
amended in Section III.E. to extend the term of the Plan by amending Section III.E. to read as
follows:

         E.    Duration of Plan

               The tax increment financing plan shall continue until October 1, 2042. Various
               projects within the Plan may be undertaken in phases other than
               those set forth in the Plan, depending on the urgency and opportunities
               presented from time to time. If the projects are not undertaken as described
               in the Plan, however, an amendment to the Plan will be required, with a
               public hearing and approval by the City Commission.




9/7/17
                                       EXHIBIT A

                      PROPERTY TO BE DELETED FROM THE PLAN


 Parcel ID Number        Address
 24-205-574-0001-05      1060 W Western Ave
 24-957-006-0002-00      1133 W Western Ave
 24-958-006-0002-00      1133 W Western Ave
 24-205-577-0004-00      1148 W Western Ave
 24-520-000-0000-00      1200 Lakeshore Dr
 24-205-581-0006-20      1250 Lakeshore Dr
 24-900-251-3080-00      221 W Webster Ave 301
 24-900-251-1840-00      221 W Webster Ave 400
                         221 W Webster Ave Suite
 24-900-251-4291-00      401
 24-205-173-0002-00      30 E Clay Ave
 24-792-000-0000-00      316 Morris Ave
 24-900-251-2415-00      316 Morris Ave
 24-967-213-0011-00      316 Morris Ave
 24-968-213-0011-00      316 Morris Ave
 24-900-251-4140-00      316 Morris Ave 170
 24-900-251-2026-00      316 Morris Ave 230
 24-900-251-2885-00      316 Morris Ave 410
 24-900-251-0905-00      316 Morris Ave 500
 24-900-251-1443-00      316 Morris Ave 520
 24-900-251-6197-00      316 Morris Ave 610
 24-900-251-3269-00      316 Morris Ave S220
 24-900-251-5260-00      316 Morris Ave Ste 701
 24-900-251-3348-00      316 Morris Ave Suite 260
 24-900-251-5164-00      316 Morris Ave Suite 440
 24-900-251-6854-00      316 Morris Ave Suite 655
 24-900-251-0508-00      351 Morris Ave
 24-205-313-0003-00      425 W Western Ave
 24-205-313-0006-00      451 W Western Ave
 24-900-251-0758-00      590 Ottawa St
 24-900-251-1888-00      740 W Shoreline Dr
 24-205-177-0004-00      820 Pine St
 24-900-251-4700-00      820 Pine St
 24-900-251-6561-00      820 Terrace St


9/7/17
 24-900-251-1032-00   878 Jefferson St
 24-485-000-0004-00   878 Jefferson St 1
 24-485-000-0005-00   878 Jefferson St 5
 24-205-574-0001-20   920 W Western Ave
 24-900-251-5884-00   920 W Western Ave
 24-900-251-1589-00   965 W Western Ave
 24-900-351-0420-00   965 W Western Ave
 24-205-173-0001-00   105 E Western
 24-205-314-0007-00   1060 5th Ave
 24-205-469-0003-00   1083 W Western Ave
 24-205-315-0007-00   1104 6th St
 24-205-496-0001-00   1133 W Western Ave
 24-900-251-0335-00   1148 W Western Ave
 24-900-351-0430-00   1148 W Western Ave
 24-205-175-0018-00   118 W Clay Ave
 24-900-251-3420-00   1189 Peck St
 24-900-251-3407-00   120 W Apple Ave
 24-900-251-3425-00   120 W Apple Ave
 24-520-000-0001-00   1200 Lakeshore Dr
 24-520-000-0002-00   1200 Lakeshore Dr
 24-520-000-0003-00   1200 Lakeshore Dr
 24-520-000-0004-00   1200 Lakeshore Dr
 24-520-000-0005-00   1200 Lakeshore Dr
 24-520-000-0006-00   1200 Lakeshore Dr
 24-520-000-0007-00   1200 Lakeshore Dr
 24-520-000-0008-00   1200 Lakeshore Dr
 24-520-000-0009-00   1200 Lakeshore Dr
 24-520-000-0010-00   1200 Lakeshore Dr
 24-520-000-0011-00   1200 Lakeshore Dr
 24-520-000-0012-00   1200 Lakeshore Dr
 24-520-000-0013-00   1200 Lakeshore Dr
 24-520-000-0014-00   1200 Lakeshore Dr
 24-520-000-0015-00   1200 Lakeshore Dr
 24-520-000-0016-00   1200 Lakeshore Dr
 24-520-000-0017-00   1200 Lakeshore Dr
 24-520-000-0018-00   1200 Lakeshore Dr
 24-520-000-0019-00   1200 Lakeshore Dr
 24-520-000-0020-00   1200 Lakeshore Dr
 24-520-000-0021-00   1200 Lakeshore Dr


9/7/17
 24-520-000-0022-00   1200 Lakeshore Dr
 24-520-000-0023-00   1200 Lakeshore Dr
 24-520-000-0024-00   1200 Lakeshore Dr
 24-520-000-0025-00   1200 Lakeshore Dr
 24-520-000-0026-00   1200 Lakeshore Dr
 24-520-000-0027-00   1200 Lakeshore Dr
 24-520-000-0028-00   1200 Lakeshore Dr
 24-520-000-0029-00   1200 Lakeshore Dr
 24-520-000-0030-00   1200 Lakeshore Dr
 24-520-000-0031-00   1200 Lakeshore Dr
 24-520-000-0032-00   1200 Lakeshore Dr
 24-520-000-0033-00   1200 Lakeshore Dr
 24-520-000-0034-00   1200 Lakeshore Dr
 24-520-000-0035-00   1200 Lakeshore Dr
 24-520-000-0036-00   1200 Lakeshore Dr
 24-520-000-0037-00   1200 Lakeshore Dr
 24-520-000-0038-00   1200 Lakeshore Dr
 24-520-000-0039-00   1200 Lakeshore Dr
 24-520-000-0040-00   1200 Lakeshore Dr
 24-520-000-0041-00   1200 Lakeshore Dr
 24-520-000-0042-00   1200 Lakeshore Dr
 24-520-000-0043-00   1200 Lakeshore Dr
 24-520-000-0044-00   1200 Lakeshore Dr
 24-520-000-0045-00   1200 Lakeshore Dr
 24-520-000-0046-00   1200 Lakeshore Dr
 24-520-000-0047-00   1200 Lakeshore Dr
 24-520-000-0048-00   1200 Lakeshore Dr
 24-520-000-0049-00   1200 Lakeshore Dr
 24-520-000-0050-00   1200 Lakeshore Dr
 24-520-000-0051-00   1200 Lakeshore Dr
 24-520-000-0052-00   1200 Lakeshore Dr
 24-520-000-0053-00   1200 Lakeshore Dr
 24-520-000-0054-00   1200 Lakeshore Dr
 24-520-000-0055-00   1200 Lakeshore Dr
 24-520-000-0056-00   1200 Lakeshore Dr
 24-520-000-0057-00   1200 Lakeshore Dr
 24-520-000-0058-00   1200 Lakeshore Dr
 24-520-000-0059-00   1200 Lakeshore Dr
 24-520-000-0060-00   1200 Lakeshore Dr


9/7/17
 24-520-000-0061-00   1200 Lakeshore Dr
 24-520-000-0062-00   1200 Lakeshore Dr
 24-520-000-0063-00   1200 Lakeshore Dr
 24-900-251-3595-00   1200 Lakeshore Dr
 24-205-317-0007-00   1208 8th St
 24-205-176-0005-00   121 W Clay Ave
 24-515-000-0000-00   1250 Lakeshore Dr
 24-205-330-0003-00   163 Clay Ave
 24-900-251-2635-00   183 W Clay Ave
 24-205-187-0018-00   20 W Muskegon Ave
 24-900-251-3925-00   20 W Muskegon Ave
 24-205-186-0021-00   22 E Muskegon Ave
 24-205-333-0001-00   221 W Webster Ave
                      221 W Webster Ave 6th
 24-900-251-2850-00   Floor
 24-900-251-3245-00   2300 Henry St
 24-205-123-0001-00   259 Ottawa Street
 24-205-135-0001-00   276 Ottawa Street
 24-205-174-0009-00   28 E Clay Ave
 24-205-135-0002-00   280 Ottawa Street
 24-900-251-5245-00   297 W Clay Ave
 24-205-173-0005-00   30 E Clay Ave
 24-205-134-0004-00   313 Ottawa Street
 24-792-000-0001-00   316 Morris Ave
 24-900-251-0585-00   316 Morris Ave 200
 24-900-251-2380-00   316 Morris Ave 260
 24-900-251-6325-00   316 Morris Ave 700
 24-900-251-2385-00   351 Morris Ave
 24-205-186-0024-00   36 E Muskegon Ave
 24-205-564-0003-00   365 Morris Ave
 24-205-177-0003-00   39 W Clay Ave
 24-205-313-0008-10   396 W Clay Ave
 24-900-251-4375-00   396 W Clay Ave
 24-205-173-0005-10   4 W Clay Ave
 24-205-146-0001-00   400 Ottawa Street
 24-205-146-0002-00   412 Ottawa Street
 24-205-145-0003-00   423 Ottawa Street
 24-900-251-4480-00   425 W Western Ave
 24-900-251-6510-00   425 W Western Ave



9/7/17
 24-205-146-0008-00   431 Seaway Drive
 24-900-251-2560-00   442 W Western Ave
 24-900-251-4410-00   451 W Western Ave
 24-900-251-4440-00   470 W Western Ave
 24-205-314-0002-00   479 W Western Ave
 24-900-251-5025-00   490 W Western Ave
 24-205-567-0001-40   500 W Western Ave
 24-205-315-0010-00   504 W Clay Ave
 24-205-314-0006-00   505 W Western Ave
 24-205-156-0011-00   510 Ottawa Street
 24-205-159-0002-00   538 Ottawa Street
 24-205-158-0002-00   545 Ottawa Street
 24-900-251-5860-00   545 Ottawa Street
 24-205-316-0017-00   552 W Clay Ave
 24-205-315-0005-00   561 W Western Ave
 24-205-158-0005-00   575 E Western Ave
 24-205-169-0001-10   590 Ottawa Street
 24-900-251-5820-00   590 Ottawa Street
 24-205-170-0003-00   635 Ottawa Street
 24-205-169-0004-10   654 Ottawa Street
 24-900-251-3180-00   71 W Webster Ave
 24-205-571-0001-20   740 W Shoreline Dr
 24-205-174-0004-00   750 Pine Street
 24-205-175-0021-00   777 Pine St
 24-900-251-4445-00   777 Pine St
 24-900-251-4915-00   794 Pine St
 24-900-251-1255-00   810 Terrace St
 24-205-176-0015-00   813 Pine St
 24-900-251-0305-00   813 Pine St
 24-205-177-0005-00   820 Pine St
 24-205-175-0016-00   820 Terrace St
 24-205-176-0013-00   821 Pine St
 24-205-567-0002-30   823 3rd St
 24-205-187-0001-00   833 Pine St
 24-900-251-2275-00   845 Pine St
 24-900-251-4695-00   866 Pine St
 24-205-331-0001-10   877 Terrace St
 24-485-000-0001-00   878 Jefferson St 1
 24-485-000-0002-00   878 Jefferson St 2


9/7/17
 24-205-310-0012-00   880 1st St
 24-205-187-0010-00   888 Terrace St
 24-205-186-0001-00   9 E Webster Ave
 24-205-187-0016-00   908 Terrace St
 24-205-467-0001-00   920 Washington Ave
 24-205-332-0008-00   935 Jefferson St
 24-900-251-5610-00   939 Third Street
 24-205-567-0001-30   955 4th Street
 24-205-468-0001-10   965 W Western Ave
 24-205-313-0007-00   981 3rd St
 24-900-251-4415-00   981 3rd St
 24-981-000-0001-00   Pre 1994 IFT/CFT
 24-025-100-0001-00   W Western Ave




9/7/17
                                        EXHIBIT B

                      PROPERTY TO BE ADDED TO THE PLAN


 Parcel ID Number      Address
 24-900-351-0250-00    1204 W Western Ave
 24-900-251-3830-00    165 W Clay Ave
 24-205-177-0010-00    4 W Webster Ave
 24-205-313-0005-00    441 W Western Ave
 24-900-251-6185-00    464 W Clay Ave
 24-900-251-6615-00    465 Ottawa St
 24-205-314-0001-00    471 W Western Ave
 24-205-552-0001-30    559 E Western Ave
 24-900-251-6810-00    67 W Western Ave
 24-794-000-0001-00    770 Terrace Point Dr
 24-900-251-3330-00    896 Jefferson St
 24-900-251-1435-00    900 3rd St 204
 24-900-251-335-00     976 1st St




9/7/17
                                                     City of Muskegon
                                               County of Muskegon, Michigan

                                                  ORDINANCE NO. _______

                     AN ORDINANCE APPROVING AMENDMENTS TO
                        THE DOWNTOWN DEVELOPMENT PLAN
             AND TAX INCREMENT FINANCE PLAN OF THE CITY OF MUSKEGON
                       DOWNTOWN DEVELOPMENT AUTHORITY

                                                                 Recitals

           WHEREAS, the Muskegon Downtown Development Authority (the "Authority") has

previously prepared and approved a Downtown Development Plan and Tax Increment Finance

Plan (the "Plan") for the Development Area described in the Plan, which was approved by the

City Commission on July 12, 1988, pursuant to Ordinance No. 969; and,

           WHEREAS, the City Commission approved amendments to the Plan on March 31, 1989,

(the "1989 Amendment") pursuant to Ordinance No. 982; and,

           WHEREAS, the City Commission approved amendments to the Plan on August 28,

2001, pursuant to Ordinance No. 2050; and,

           WHEREAS, the City Commission approved amendments to the Plan on November 13,

2001, pursuant to Ordinance No. 2060; and,

           WHEREAS, the Authority has prepared and recommended for approval an amendment,

attached hereto as Exhibit A (the "Plan Amendment"), to the Plan; and,

           WHEREAS, on September 12, 2017, the City Commission held a public hearing on the

Plan Amendment pursuant to Act 197, Public Acts of Michigan, 1975, as amended (the "Act");

and,

           WHEREAS, the purpose of the amendment is to amend the Development Plan and Tax

Increment Financing Plan to remove certain parcels and to include certain parcels from the



O:\CLERK\Common\Word\Agenda Items for Next Meeting\2017\091217\13c_Public Hearing -DDA Ordinance re tax incremen.DOC
development area set forth in those Plans and to extend the duration of the Development Plan

and Tax Increment Financing Plan; and,

           WHEREAS the City Commission has given the taxing jurisdictions in which the

Development Area is located an opportunity to meet with the City Commission and to express

their views and recommendations regarding the Plan Amendment as required by the Act,

           NOW, THEREFORE, THE CITY OF MUSKEGON ORDAINS:

           1.         Findings

           (a)        The development plan portion of the Plan, as amended by the Plan Amendment,

meets the requirements set forth in Section 17(2) of the Act, and the tax increment financing plan

portion of the Plan, as amended by the Plan Amendment, meets the requirements set forth in

Section 14(2) of the Act.

           (b)        The proposed method of financing the development is feasible and the Authority

has the ability to arrange the financing.

           (c)        The development is reasonable and necessary to carry out the purposes of the Act.

           (d)        Any land included within the Development Area to be acquired is reasonably

necessary to carry out the purposes of the Act.

           (e)        The Plan, as amended by the Plan Amendment, is in reasonable accord with the

master plan of the City.

           (f)        Public services, such as fire and police protection and utilities, are or will be

adequate to service the Development Area.

           (g)        Changes in zoning, streets, street levels, intersections, and utilities, to the extent

required by the Plan, as amended by the Plan Amendment, are reasonably necessary for the Plan,

as amended by the Plan Amendment, and for the City.



O:\CLERK\Common\Word\Agenda Items for Next Meeting\2017\091217\13c_Public Hearing -DDA Ordinance re tax incremen.DOC
           2.         Public Purpose. The City Commission hereby determines that the Plan, as

amended by the Plan Amendment, constitutes a public purpose.

           3.         Best Interest of the Public. The City Commission hereby determines that it is in

the best interests of the public to halt property value deterioration, increase property tax

valuation, eliminate the causes of the deterioration in property values, and to promote growth in

the Downtown District to proceed with the Plan, as amended by the Plan Amendment.

           4.         Approval and Adoption of Plan Amendment. The Plan Amendment is hereby

approved and adopted. A copy of the Plan, the Plan Amendment, and all later amendments

thereto shall be maintained on file in the City Clerk's office.

           5.         Amendment to Ordinance No. 969; Conflict and Severability. Ordinance No. 969

is hereby amended by this Ordinance. All ordinances, resolutions and orders, or parts thereof, in

conflict with the provisions of the Ordinance are, to the extent of such conflict, hereby repealed.

Each section of the Ordinance and each subdivision of any section thereof is hereby declared to

be independent, and the finding or holding of any section or subdivision thereof to be invalid or

void shall not be deemed or held to affect the validity of any other section or subdivision of the

Ordinance.

           6.         Paragraph Headings. The paragraph headings in this Ordinance are furnished for

convenience of reference only and shall not be considered to be a part of the Ordinance.

           7.         Publication and Recordation. A Notice of Adoption shall be published promptly

after the Ordinance is adopted in the Muskegon Chronicle, a newspaper of general circulation in

the City, qualified under State law to publish legal notices, and shall be recorded in the

Ordinance Book of the City, which recording shall be authenticated by the signature of the City

Clerk.



O:\CLERK\Common\Word\Agenda Items for Next Meeting\2017\091217\13c_Public Hearing -DDA Ordinance re tax incremen.DOC
           8.         Effective Date. The Ordinance is hereby determined by the City Commission to

be immediately necessary for the interests of the City and shall be in full force and effect from

and after its passage and publication as required by law.

           Passed and adopted by the City Commission of the City of Muskegon, County of

Muskegon, State of Michigan, on September 12, 2017.


AYES:                 Members _________________________________________________________

                      _________________________________________________________________

NAYS:                 Members _________________________________________________________

ABSENT:               Members _________________________________________________________

ORDINANCE DECLARED ADOPTED.

                                                                                        CITY OF MUSKEGON

                                                                                        By___________________________
                                                                                        Ann Marie Meisch
                                                                                        City Clerk

           I hereby certify that the foregoing is a true and complete copy of Ordinance No. _____

adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a

regular meeting held on September 12, 2017, and that said meeting was conducted and public

notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act,

being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept

and will be or have been made available as required by said Act.

                                                                                        ______________________________
                                                                                        Ann Marie Meisch
                                                                                        City Clerk




O:\CLERK\Common\Word\Agenda Items for Next Meeting\2017\091217\13c_Public Hearing -DDA Ordinance re tax incremen.DOC
                                                 EXHIBIT 1
                                        DEVELOPMENT PLAN AMENDMENT


The original Development Plan of 1988, as amended in 1989 and twice in 2001, is further
amended in Section II.A. to amend the boundaries of the DDA development area by deleting the
parcels described in Exhibit A.

The original Development Plan of 1988, as amended in 1989 and twice in 2001, is further
amended in Section II.A. to amend the boundaries of the DDA development area by including
the parcels described in Exhibit B.

The original Development Plan of 1988, as amended in 1989 and twice in 2001, is further
amended in Section III.E. to extend the term of the Plan by amending Section III.E. to read as
follows:

           E.         Duration of Plan

                      The tax increment financing plan shall continue until October 1, 2042. Various
                      projects within the Plan may be undertaken in phases other than
                      those set forth in the Plan, depending on the urgency and opportunities
                      presented from time to time. If the projects are not undertaken as described
                      in the Plan, however, an amendment to the Plan will be required, with a
                      public hearing and approval by the City Commission.




O:\CLERK\Common\Word\Agenda Items for Next Meeting\2017\091217\13c_Public Hearing -DDA Ordinance re tax incremen.DOC
                                                              EXHIBIT A

                                PROPERTY TO BE DELETED FROM THE PLAN


 Parcel ID Number                        Address
 24-205-574-0001-05                      1060 W Western Ave
 24-957-006-0002-00                      1133 W Western Ave
 24-958-006-0002-00                      1133 W Western Ave
 24-205-577-0004-00                      1148 W Western Ave
 24-520-000-0000-00                      1200 Lakeshore Dr
 24-205-581-0006-20                      1250 Lakeshore Dr
 24-900-251-3080-00                      221 W Webster Ave 301
 24-900-251-1840-00                      221 W Webster Ave 400
                                         221 W Webster Ave Suite
 24-900-251-4291-00                      401
 24-205-173-0002-00                      30 E Clay Ave
 24-792-000-0000-00                      316 Morris Ave
 24-900-251-2415-00                      316 Morris Ave
 24-967-213-0011-00                      316 Morris Ave
 24-968-213-0011-00                      316 Morris Ave
 24-900-251-4140-00                      316 Morris Ave 170
 24-900-251-2026-00                      316 Morris Ave 230
 24-900-251-2885-00                      316 Morris Ave 410
 24-900-251-0905-00                      316 Morris Ave 500
 24-900-251-1443-00                      316 Morris Ave 520
 24-900-251-6197-00                      316 Morris Ave 610
 24-900-251-3269-00                      316 Morris Ave S220
 24-900-251-5260-00                      316 Morris Ave Ste 701
 24-900-251-3348-00                      316 Morris Ave Suite 260
 24-900-251-5164-00                      316 Morris Ave Suite 440
 24-900-251-6854-00                      316 Morris Ave Suite 655
 24-900-251-0508-00                      351 Morris Ave
 24-205-313-0003-00                      425 W Western Ave
 24-205-313-0006-00                      451 W Western Ave
 24-900-251-0758-00                      590 Ottawa St
 24-900-251-1888-00                      740 W Shoreline Dr
 24-205-177-0004-00                      820 Pine St
 24-900-251-4700-00                      820 Pine St
 24-900-251-6561-00                      820 Terrace St


O:\CLERK\Common\Word\Agenda Items for Next Meeting\2017\091217\13c_Public Hearing -DDA Ordinance re tax incremen.DOC
 24-900-251-1032-00                      878 Jefferson St
 24-485-000-0004-00                      878 Jefferson St 1
 24-485-000-0005-00                      878 Jefferson St 5
 24-205-574-0001-20                      920 W Western Ave
 24-900-251-5884-00                      920 W Western Ave
 24-900-251-1589-00                      965 W Western Ave
 24-900-351-0420-00                      965 W Western Ave
 24-205-173-0001-00                      105 E Western
 24-205-314-0007-00                      1060 5th Ave
 24-205-469-0003-00                      1083 W Western Ave
 24-205-315-0007-00                      1104 6th St
 24-205-496-0001-00                      1133 W Western Ave
 24-900-251-0335-00                      1148 W Western Ave
 24-900-351-0430-00                      1148 W Western Ave
 24-205-175-0018-00                      118 W Clay Ave
 24-900-251-3420-00                      1189 Peck St
 24-900-251-3407-00                      120 W Apple Ave
 24-900-251-3425-00                      120 W Apple Ave
 24-520-000-0001-00                      1200 Lakeshore Dr
 24-520-000-0002-00                      1200 Lakeshore Dr
 24-520-000-0003-00                      1200 Lakeshore Dr
 24-520-000-0004-00                      1200 Lakeshore Dr
 24-520-000-0005-00                      1200 Lakeshore Dr
 24-520-000-0006-00                      1200 Lakeshore Dr
 24-520-000-0007-00                      1200 Lakeshore Dr
 24-520-000-0008-00                      1200 Lakeshore Dr
 24-520-000-0009-00                      1200 Lakeshore Dr
 24-520-000-0010-00                      1200 Lakeshore Dr
 24-520-000-0011-00                      1200 Lakeshore Dr
 24-520-000-0012-00                      1200 Lakeshore Dr
 24-520-000-0013-00                      1200 Lakeshore Dr
 24-520-000-0014-00                      1200 Lakeshore Dr
 24-520-000-0015-00                      1200 Lakeshore Dr
 24-520-000-0016-00                      1200 Lakeshore Dr
 24-520-000-0017-00                      1200 Lakeshore Dr
 24-520-000-0018-00                      1200 Lakeshore Dr
 24-520-000-0019-00                      1200 Lakeshore Dr
 24-520-000-0020-00                      1200 Lakeshore Dr
 24-520-000-0021-00                      1200 Lakeshore Dr


O:\CLERK\Common\Word\Agenda Items for Next Meeting\2017\091217\13c_Public Hearing -DDA Ordinance re tax incremen.DOC
 24-520-000-0022-00                      1200 Lakeshore Dr
 24-520-000-0023-00                      1200 Lakeshore Dr
 24-520-000-0024-00                      1200 Lakeshore Dr
 24-520-000-0025-00                      1200 Lakeshore Dr
 24-520-000-0026-00                      1200 Lakeshore Dr
 24-520-000-0027-00                      1200 Lakeshore Dr
 24-520-000-0028-00                      1200 Lakeshore Dr
 24-520-000-0029-00                      1200 Lakeshore Dr
 24-520-000-0030-00                      1200 Lakeshore Dr
 24-520-000-0031-00                      1200 Lakeshore Dr
 24-520-000-0032-00                      1200 Lakeshore Dr
 24-520-000-0033-00                      1200 Lakeshore Dr
 24-520-000-0034-00                      1200 Lakeshore Dr
 24-520-000-0035-00                      1200 Lakeshore Dr
 24-520-000-0036-00                      1200 Lakeshore Dr
 24-520-000-0037-00                      1200 Lakeshore Dr
 24-520-000-0038-00                      1200 Lakeshore Dr
 24-520-000-0039-00                      1200 Lakeshore Dr
 24-520-000-0040-00                      1200 Lakeshore Dr
 24-520-000-0041-00                      1200 Lakeshore Dr
 24-520-000-0042-00                      1200 Lakeshore Dr
 24-520-000-0043-00                      1200 Lakeshore Dr
 24-520-000-0044-00                      1200 Lakeshore Dr
 24-520-000-0045-00                      1200 Lakeshore Dr
 24-520-000-0046-00                      1200 Lakeshore Dr
 24-520-000-0047-00                      1200 Lakeshore Dr
 24-520-000-0048-00                      1200 Lakeshore Dr
 24-520-000-0049-00                      1200 Lakeshore Dr
 24-520-000-0050-00                      1200 Lakeshore Dr
 24-520-000-0051-00                      1200 Lakeshore Dr
 24-520-000-0052-00                      1200 Lakeshore Dr
 24-520-000-0053-00                      1200 Lakeshore Dr
 24-520-000-0054-00                      1200 Lakeshore Dr
 24-520-000-0055-00                      1200 Lakeshore Dr
 24-520-000-0056-00                      1200 Lakeshore Dr
 24-520-000-0057-00                      1200 Lakeshore Dr
 24-520-000-0058-00                      1200 Lakeshore Dr
 24-520-000-0059-00                      1200 Lakeshore Dr
 24-520-000-0060-00                      1200 Lakeshore Dr


O:\CLERK\Common\Word\Agenda Items for Next Meeting\2017\091217\13c_Public Hearing -DDA Ordinance re tax incremen.DOC
 24-520-000-0061-00                      1200 Lakeshore Dr
 24-520-000-0062-00                      1200 Lakeshore Dr
 24-520-000-0063-00                      1200 Lakeshore Dr
 24-900-251-3595-00                      1200 Lakeshore Dr
 24-205-317-0007-00                      1208 8th St
 24-205-176-0005-00                      121 W Clay Ave
 24-515-000-0000-00                      1250 Lakeshore Dr
 24-205-330-0003-00                      163 Clay Ave
 24-900-251-2635-00                      183 W Clay Ave
 24-205-187-0018-00                      20 W Muskegon Ave
 24-900-251-3925-00                      20 W Muskegon Ave
 24-205-186-0021-00                      22 E Muskegon Ave
 24-205-333-0001-00                      221 W Webster Ave
                                         221 W Webster Ave 6th
 24-900-251-2850-00                      Floor
 24-900-251-3245-00                      2300 Henry St
 24-205-123-0001-00                      259 Ottawa Street
 24-205-135-0001-00                      276 Ottawa Street
 24-205-174-0009-00                      28 E Clay Ave
 24-205-135-0002-00                      280 Ottawa Street
 24-900-251-5245-00                      297 W Clay Ave
 24-205-173-0005-00                      30 E Clay Ave
 24-205-134-0004-00                      313 Ottawa Street
 24-792-000-0001-00                      316 Morris Ave
 24-900-251-0585-00                      316 Morris Ave 200
 24-900-251-2380-00                      316 Morris Ave 260
 24-900-251-6325-00                      316 Morris Ave 700
 24-900-251-2385-00                      351 Morris Ave
 24-205-186-0024-00                      36 E Muskegon Ave
 24-205-564-0003-00                      365 Morris Ave
 24-205-177-0003-00                      39 W Clay Ave
 24-205-313-0008-10                      396 W Clay Ave
 24-900-251-4375-00                      396 W Clay Ave
 24-205-173-0005-10                      4 W Clay Ave
 24-205-146-0001-00                      400 Ottawa Street
 24-205-146-0002-00                      412 Ottawa Street
 24-205-145-0003-00                      423 Ottawa Street
 24-900-251-4480-00                      425 W Western Ave
 24-900-251-6510-00                      425 W Western Ave


O:\CLERK\Common\Word\Agenda Items for Next Meeting\2017\091217\13c_Public Hearing -DDA Ordinance re tax incremen.DOC
 24-205-146-0008-00                      431 Seaway Drive
 24-900-251-2560-00                      442 W Western Ave
 24-900-251-4410-00                      451 W Western Ave
 24-900-251-4440-00                      470 W Western Ave
 24-205-314-0002-00                      479 W Western Ave
 24-900-251-5025-00                      490 W Western Ave
 24-205-567-0001-40                      500 W Western Ave
 24-205-315-0010-00                      504 W Clay Ave
 24-205-314-0006-00                      505 W Western Ave
 24-205-156-0011-00                      510 Ottawa Street
 24-205-159-0002-00                      538 Ottawa Street
 24-205-158-0002-00                      545 Ottawa Street
 24-900-251-5860-00                      545 Ottawa Street
 24-205-316-0017-00                      552 W Clay Ave
 24-205-315-0005-00                      561 W Western Ave
 24-205-158-0005-00                      575 E Western Ave
 24-205-169-0001-10                      590 Ottawa Street
 24-900-251-5820-00                      590 Ottawa Street
 24-205-170-0003-00                      635 Ottawa Street
 24-205-169-0004-10                      654 Ottawa Street
 24-900-251-3180-00                      71 W Webster Ave
 24-205-571-0001-20                      740 W Shoreline Dr
 24-205-174-0004-00                      750 Pine Street
 24-205-175-0021-00                      777 Pine St
 24-900-251-4445-00                      777 Pine St
 24-900-251-4915-00                      794 Pine St
 24-900-251-1255-00                      810 Terrace St
 24-205-176-0015-00                      813 Pine St
 24-900-251-0305-00                      813 Pine St
 24-205-177-0005-00                      820 Pine St
 24-205-175-0016-00                      820 Terrace St
 24-205-176-0013-00                      821 Pine St
 24-205-567-0002-30                      823 3rd St
 24-205-187-0001-00                      833 Pine St
 24-900-251-2275-00                      845 Pine St
 24-900-251-4695-00                      866 Pine St
 24-205-331-0001-10                      877 Terrace St
 24-485-000-0001-00                      878 Jefferson St 1
 24-485-000-0002-00                      878 Jefferson St 2


O:\CLERK\Common\Word\Agenda Items for Next Meeting\2017\091217\13c_Public Hearing -DDA Ordinance re tax incremen.DOC
 24-205-310-0012-00                      880 1st St
 24-205-187-0010-00                      888 Terrace St
 24-205-186-0001-00                      9 E Webster Ave
 24-205-187-0016-00                      908 Terrace St
 24-205-467-0001-00                      920 Washington Ave
 24-205-332-0008-00                      935 Jefferson St
 24-900-251-5610-00                      939 Third Street
 24-205-567-0001-30                      955 4th Street
 24-205-468-0001-10                      965 W Western Ave
 24-205-313-0007-00                      981 3rd St
 24-900-251-4415-00                      981 3rd St
 24-981-000-0001-00                      Pre 1994 IFT/CFT
 24-025-100-0001-00                      W Western Ave




O:\CLERK\Common\Word\Agenda Items for Next Meeting\2017\091217\13c_Public Hearing -DDA Ordinance re tax incremen.DOC
                                                              EXHIBIT B

                                     PROPERTY TO BE ADDED TO THE PLAN


 Parcel ID Number                        Address
 24-900-351-0250-00                      1204 W Western Ave
 24-900-251-3830-00                      165 W Clay Ave
 24-205-177-0010-00                      4 W Webster Ave
 24-205-313-0005-00                      441 W Western Ave
 24-900-251-6185-00                      464 W Clay Ave
 24-900-251-6615-00                      465 Ottawa St
 24-205-314-0001-00                      471 W Western Ave
 24-205-552-0001-30                      559 E Western Ave
 24-900-251-6810-00                      67 W Western Ave
 24-794-000-0001-00                      770 Terrace Point Dr
 24-900-251-3330-00                      896 Jefferson St
 24-900-251-1435-00                      900 3rd St 204
 24-900-251-335-00                       976 1st St




*personal property parcels underlined




O:\CLERK\Common\Word\Agenda Items for Next Meeting\2017\091217\13c_Public Hearing -DDA Ordinance re tax incremen.DOC

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