Professional Documents
Culture Documents
MEETING AGENDA
TUESDAY, JANUARY 18, 2022 – 7:00 P.M. – COUNCIL CHAMBERS
I. Call to Order.
The purpose of the public hearing is to afford an opportunity for all citizens and
interested parties to provide comments on the adoption of the proposed
Brownfield Plan for the Hotel Ventures Manistee, LLC Redevelopment project.
At this time the public is invited to speak on the proposed Brownfield Plan for the
Hotel Ventures Manistee, LLC Redevelopment project.
IV. Consent Agenda. All agenda items marked with an asterisk (*) are on the consent
agenda and considered by the City Manager to be routine matters. Prior to
approval of the Consent Agenda, any member of Council may have an item from
the Consent Agenda removed and taken up during the regular portion of the
meeting. Consent agenda items include:
At this time Council could take action to approve the Consent Agenda as
presented.
*V. Approval of Minutes. Approval of the minutes of the January 4, 2022, regular
meeting, and the January 11, 2022, study session.
*a.) PAYROLL.
*b.) INVOICES.
At this time Council could take action to approve the resolution establishing 2022
Poverty Exemption Guidelines.
The Manistee City Police Department utilizes an unmarked police vehicle as part
of the police fleet. This vehicle is assigned to the Detective Sergeant. Currently,
the vehicle is a 2010 Ford Escape and is at the end of its life cycle. Bids have been
At this time Council could take action to authorize the purchase of a 2022 Ford
Explorer from Gorno Ford for $31,279 and to be upfitted by Tel-Rad Inc. for
$1,154.
The Manistee Fire Department would collaborate with West Shore Community
College to provide a clinical site for students to obtain required assessment time
on an ambulance. This agreement would allow students in the EMT/Paramedic
program to assess points under the supervision of a City Fire Paramedic to meet
program required benchmarks in order to obtain state and national licensing.
At this time Council could take action to authorize entering into a clinical
agreement with West Shore Community College and the City of Manistee Fire
Department.
Earlier this evening a public hearing was held on the proposed Brownfield Plan for
the Hotel Ventures Manistee, LLC Redevelopment project. The City of Manistee
Brownfield Redevelopment Authority has approved the Brownfield Plan. Public
Act 381 of 1996 requires the municipality where the project is located to also
approve the Plan.
At this time Council could take action to adopt a resolution approving the
Brownfield Plan for the Hotel Ventures Manistee, LLC Redevelopment.
Earlier this evening a public hearing was held on the proposed Brownfield Plan for
the Hotel Ventures Manistee, LLC Redevelopment project. Council also
considered approving the Brownfield Plan. As part of the approval process for the
project, a Development and Reimbursement Agreement between the City,
Developer, and Brownfield Redevelopment Authority needs to be approved.
At this time Ms. Erica Cramer will report on the activities of the Manistee
Recreation Association and respond to any questions the Council may have
regarding their activities.
A Council study session has been scheduled for Tuesday, February 8, 2022, at
7:00 p.m. The State of the Street 2021 report will be presented ; and such business
as may come before Council.
c.) COUNCILMEMBERS.
XI. Adjourn.
PLEASE TAKE NOTICE THAT a Public Hearing shall be held before the Manistee City Council on Tuesday January 18,
2022, at 7:00 p.m. in the Council Chambers, City Hall, 70 Maple St., Manistee Michigan; on the adoption of a
Brownfield Plan for property at 101 & 110 Lakeshore Dr. in the City of Manistee, Manistee County, Michigan,
described as:
The proposed Brownfield Plan would allow the developer, City of Manistee, and City of Manistee Brownfield
Redevelopment Authority to be reimbursed for eligible costs associated with the redevelopment. Eligible costs
may include environmental and/or site preparation costs, public infrastructure, and other eligible costs. The
property description, maps, and the proposed Brownfield Plan are available for public inspection at the clerk’s
office Manistee City Hall, 70 Maple St. All aspects of the Brownfield Plan are open for discussion at the public
hearing.
The Brownfield Plan has been approved by the City of Manistee Brownfield Redevelopment Authority. The public
hearing is an opportunity for citizens and taxing jurisdictions to learn about the project and voice their concerns.
After the public hearing, the Manistee City Council will consider final approval of the Brownfield Plan.
This notice was posted by the City Clerk to comply with the public hearing requirements of Public Act 210 of 2005
and Sections 4 & 5 of the Michigan Open Meetings Act (P.A. 267 of 1976)
A regular meeting of the Manistee City Council was called to order by her honor, Mayor Lynda Beaton
on Tuesday, January 4, 2022, at 7:00 p.m. in the City Hall Council Chambers, 70 Maple Street, followed
by the Pledge of Allegiance.
PRESENT: David Bachman, Lynda Beaton, Cindy Lundberg, Jermaine Sullivan, Michael
Szymanski, James Grabowski, and Erin Martin Pontiac
ABSENT: None
ALSO PRESENT: City Manager – Bill Gambill, City Attorney – George Saylor, City Clerk – Heather
Pefley, DPW Director – Jeff Mikula, Police Chief – Josh Glass, Fire Chief – Mark
Cameron, and City Engineer – Shawn Middleton
None.
CONSENT AGENDA
• Notification Regarding Next Study Session – January 11, 2022, at 7:00 p.m.
A Council study session has been scheduled for Tuesday, January 11, 2022, at 7:00 p.m. A
discussion will be conducted on Neighborhood Restoration and Beautification Committee
bylaws; and such business as may come before Council.
MOTION by Grabowski, second by Martin Pontiac to approve the Consent Agenda as presented.
AYES: Bachman, Beaton, Lundberg, Sullivan, Szymanski, Grabowski, and Martin Pontiac
NAYS: None
The City received a State Historic Preservation Office grant to complete a new master plan for the
Ramsdell Theatre. The City issued a Request for Qualifications in October and selected Wheeler
Kearns Architects from the responses received. The SHPO grant is covering 100% of the costs of the
study.
MOTION by Szymanski, second by Grabowski to enter into an agreement with Wheeler Kearns
Architects P.C. to complete a master plan update for the Ramsdell Theatre, authorizing the Mayor
| Page 1
PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JANUARY 4, 2022
AYES: Bachman, Beaton, Lundberg, Sullivan, Szymanski, Grabowski, and Martin Pontiac
NAYS: None
The City successfully applied for a MDOT grant to rehabilitate Maple Street Bridge. The project has
been designed and bid as a Local Agency Project. As a Local Agency Project, the City must enter into
an agreement with MDOT. The City Attorney has reviewed and approved the contract.
MOTION by Martin Pontiac, second by Szymanski to approve the resolution for Contract No. 21-5399,
Control Section MCS 51000, Job Number 209842CON, Structure #6470 over the Manistee River, by
and between the Michigan Department of Transportation and the City of Manistee and authorize
Jeffrey W. Mikula, Public Works Director, to sign the contract.
AYES: Bachman, Beaton, Lundberg, Sullivan, Szymanski, Grabowski, and Martin Pontiac
NAYS: None
Barry Lind was not able to give his report. This item will be rescheduled.
CITIZEN COMMENT
None.
Gambill updated Council on the completion of the demolition of the fire damaged structure at 530
Davis Street and wished everyone a Happy New Year.
COUNCILMEMBERS
Sullivan listed items she would like to see added to the next study session for discussion including
SAFEbuilt and 12th Street. She also asked for updates on the Monroe Street blighted property, Blight
Ad Hoc Resolution, and City property listings.
Beaton asked if the Neighborhood Restoration and Beautification Committee meetings could be
recorded once they commence.
| Page 2
PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JANUARY 4, 2022
Szymanski offered his appreciation to the EMTs for their professionalism during a recent event and
wished everyone a Happy New Year.
Grabowski expressed his disappointment with the boarded storefront on River Street.
Martin Pontiac asked for an updated on the Wet Weather Corrective Action Plan Program.
ADJOURN
| Page 3
MANISTEE CITY COUNCIL
STUDY SESSION
MINUTES OF JANUARY 11, 2022
The Manistee City Council met in a study session on Tuesday, January 11, 2022, at 7:00 p.m., in the City
Hall Council Chambers, 70 Maple Street, Manistee, Michigan 49660.
MEMBERS PRESENT: David Bachman, Lynda Beaton, Cindy Lundberg, Jermaine Sullivan,
Michael Szymanski, James Grabowski, and Erin Martin Pontiac
PUBLIC COMMENTS:
None.
Discussion included:
• Is this to be a committee or a commission
• Meeting Schedule
• Membership
• Service Group participation
• Vacancies will be advertised for appointments to the committee
• New members to review draft resolution and revise
CONSENSUS: Council will consider the bylaws for adoption on an upcoming regular meeting agenda.
DISCUSSION ON INSPECTION SERVICES – City Manager William Gambill led the discussion on inspection
services and stated several complaints have been received recently on building enforcement. He
explained the lack of communication has been discussed with SAFEbuilt and he has requested that letters
be sent for code violations instead of posted notices. Mr. Gambill asked that future complaints please be
submitted in writing.
Discussion included:
• Concerns with the number of rental inspection services needed to be completed in 2022 and
whether or not the current contractor can fulfill their contract
• SAFEbuilt office hours at City Hall
• Interpretation of the Michigan Building Codes
• Permit Fees for replacing windows, doors, and roof
• Consistency with surrounding jurisdictions within the County
• Split building inspection and rental inspection duties
• Research other possible rental inspection services
Presentation included:
• ARPA review
o City to receive $639,944
• Funds must be obligated by 12/31/24 and spent by 12/31/26
• Final rule broadens uses of the funds and simplifies reporting
• Prohibited uses - restrictions on use
• Current budget included three proposed uses
• Upcoming budget process
• Input from Council, Administration, and Public
• Prioritize projects and funding
OTHER:
Martin Pontiac stated Maple Street Bridge closure has caused wrong way traffic on River Street and requested
additional signage.
Grabowski inquired when the Christmas tree will be removed from downtown.
There being no further business, the study session adjourned at approximately 7:54p.m.
Respectfully submitted,
Total Dept 265 - CITY HALL BUILDINGS & GROUNDS 9,329.91 47,201.03 91,715.00 51.46
Total Dept 701 - PLANNING & ZONING 1,829.62 11,516.49 20,692.00 55.66
Total Dept 751 - PARKS & RECREATION 19,813.33 135,398.68 243,856.00 55.52
GL Number Invoice Date Vendor Invoice Desc. Invoice Chk Date Amount
Check #
Fund 101 GENERAL FUND
Dept 000
101-000-004.000 12/08/21 PETTY CASH PETTY CASH REIMBURSEMENT 12/08/2021 12/10/21 32.37 51520
GL Number Invoice Date Vendor Invoice Desc. Invoice Chk Date Amount
Check #
Fund 101 GENERAL FUND
Dept 257 ASSESSOR
101-257-801.000 12/13/21 AERIE APPRAISAL LLC APPRAISAL FEE 324 DUNES DR R211106 12/20/21 850.00 51543
101-257-933.000 12/01/21 APPLIED IMAGING NOVEMBER 2021 COPIER CHARGES 1855116 12/13/21 63.80 3027
Total For Dept 265 CITY HALL BUILDINGS & GROUNDS 8,582.77
Dept 275 GENERAL
101-275-801.000 07/14/21 SPICER GROUP INC 2021-22 FLOODPLAIN ASSISTANCE 208334 12/22/21 2,015.00 3075
101-275-801.000 08/16/21 SPICER GROUP INC 2021-22 FLOODPLAIN ASSISTANCE 208962 12/22/21 360.25 3075
101-275-802.000 11/24/21 MIKA MEYERS BECKETT & JONES OCTOBER 2021 GENERAL LEGAL 666871 12/13/21 4,455.00 3041
101-275-802.000 12/08/21 MIKA MEYERS BECKETT & JONES NOVEMBER 2021 GENERAL LEGAL 669387 12/22/21 4,455.00 3073
101-275-804.000 11/24/21 MIKA MEYERS BECKETT & JONES IAFF GRIEVANCE 02152021 (DARLING) 666833 12/13/21 2,585.00 3041
101-275-804.000 11/24/21 MIKA MEYERS BECKETT & JONES POAM ARBITRATION 2021 - VASQUEZ 666834 12/13/21 490.00 3041
101-275-804.000 11/24/21 MIKA MEYERS BECKETT & JONES CBA NEGOTIATIONS POAM 2021 666830 12/13/21 250.00 3041
101-275-804.000 12/08/21 MIKA MEYERS BECKETT & JONES IAFF GRIEVANCE 02152021 (DARLING) 669351 12/22/21 100.00 3073
101-275-804.000 12/08/21 MIKA MEYERS BECKETT & JONES POAM ARBITRATION 2021 - VASQUEZ 669352 12/22/21 1,015.00 3073
101-275-804.000 12/08/21 MIKA MEYERS BECKETT & JONES NOVEMBER 2021 GENERAL LABOR SERVICES669350 12/22/21 4,010.00 3073
101-275-806.000 11/24/21 MIKA MEYERS BECKETT & JONES OCTOBER 2021 SERVICES - PROSECUTING 666828
ATTORNEY 12/13/21 1,075.00 3041
101-275-806.000 12/08/21 MIKA MEYERS BECKETT & JONES NOVEMBER 2021 SERVICES - PROSECUTING669348
ATTORNEY 12/22/21 559.00 3073
101-275-807.000 11/24/21 MIKA MEYERS BECKETT & JONES OCT 2021 ATTORNEY SERVICES FIRST STREET
666831
BEACH HOTEL DEVELOPMENT
12/13/21 150.00 3041
101-275-831.000 10/31/21 SAFEBUILT LLC RENTAL INSPECTIONS 0081493-IN 12/10/21 450.00 51529
101-275-831.000 11/30/21 SAFEBUILT LLC RENTAL INSPECTIONS 0082145-IN 12/10/21 790.00 51529
101-275-851.000 12/08/21 EASYPERMIT POSTAGE 11/24-11/30/21 POSTIAGE REFILLS 11/29
0723-7170
PERMIT POSTAGE
20211208
12/22/21 6,299.65 3065
01/11/2022 12:05 PM INVOICE GL DISTRIBUTION REPORT FOR MANISTEE CITY Page: 3/12
User: ebradford EXP CHECK RUN DATES 12/01/2021 - 12/31/2021
DB: Manistee JOURNALIZED
PAID
GL Number Invoice Date Vendor Invoice Desc. Invoice Chk Date Amount
Check #
Fund 101 GENERAL FUND
Dept 275 GENERAL
101-275-853.000 11/19/21 VERIZON WIRELESS 10/20-11/19/21 CELLULAR SERVICE 9893183442 12/10/21 902.42 51538
101-275-920.001 11/30/21 CONSUMERS ENERGY ELECTRIC UTILITIES STREETLIGHTS NOVEMBER - 2021. 12/10/21 6,909.95 51494
101-275-920.001 11/30/21 CONSUMERS ENERGY MONTHLY ELECTRIC UTILITIES NOVEMBER2021 12/10/21 9,165.31 51494
101-275-933.000 12/08/21 MICROSOFT OFFICE 365 BUSINESS PREMIUM EXCHANGEE0100GR4T9
LICENSES 12/10/21 144.00 51514
101-275-940.000 12/01/21 CITY OF MANISTEE TAX COLLECT. SUMMER TAX 2019 51-51-453-709-20 02236 12/13/21 1,130.11 3030
101-275-940.000 12/01/21 CITY OF MANISTEE TAX COLLECT. WINTER TAX 2019 51-51-453-709-20 02234 12/13/21 757.39 3030
101-275-946.000 10/18/21 SPICER GROUP INC SEPTEMBER 2021 GENERAL ENGINEERING 210198 12/13/21 1,200.00 3050
101-275-946.000 11/18/21 SPICER GROUP INC OCTOBER 2021 GENERAL ENGINEERING 210763 12/13/21 1,200.00 3050
101-275-946.000 12/14/21 SPICER GROUP INC NOVEMBER 2021 GENERAL ENGINEERING 211321 12/22/21 1,200.00 3075
GL Number Invoice Date Vendor Invoice Desc. Invoice Chk Date Amount
Check #
Fund 101 GENERAL FUND
Dept 336 FIRE
101-336-777.000 12/06/21 J & B MEDICAL SUPPLY MEDICAL SUPPLIES 7911998 12/22/21 947.61 3070
101-336-777.000 12/09/21 J & B MEDICAL SUPPLY MEDICAL SUPPLIES 7922479 12/22/21 135.86 3070
101-336-777.000 11/30/21 MUNSON HEALTHCARE MANISTEE PHARMACY SUPPLIES / DRUG BAGS CIT1121 12/20/21 1,880.00 51580
101-336-791.000 12/08/21 AMAZON CAPITAL SERVICES, INC HANDBOOK 1YCK-V91D-CTMF 12/13/21 107.00 3026
101-336-801.000 11/30/21 THE ACCUMED GROUP MONTHLY BILLING 29524 12/13/21 1,809.04 3025
101-336-801.000 12/01/21 DISTRICT HEALTH DEPARTMENT #10VACCINATION / TB TESTING 20211201 12/20/21 169.00 51555
101-336-801.000 12/06/21 STATE OF MICHIGAN QAAP 491-401506 12/20/21 589.60 51587
101-336-913.000 12/02/21 BRENT HASKIN 2021 FIRE INSPECTOR CONFERENCE MEAL 20211202
REIMBURSEMENT 12/13/21 23.00 3038
101-336-913.000 11/29/21 PNC BANK CREDIT CARD CHARGES NOVEMBER 2021 12/10/21 461.76 51524
101-336-915.000 11/02/21 NATIONAL FIRE PROTECTION ASSOCANNUAL DUES 8069751X 12/10/21 175.00 51517
101-336-921.000 12/08/21 DTE ENERGY MONTHLY GAS UTILITIES 281 FIRST STREET
11/4-12/6/21 FIRE12/20/21 532.86 51556
101-336-930.000 11/17/21 CUSTOM SHEET METAL & HEATING BOILER INSPECTION 19786644 12/13/21 200.00 3031
101-336-930.000 12/03/21 TOP LINE ELECTRIC LLC ELECTRICAL WORK 16648 12/22/21 2,774.61 3078
101-336-931.000 11/20/21 GILL-ROYS HARDWARE EQUIPMENT 2111-927893 12/10/21 73.99 51500
101-336-933.000 10/05/21 APPLIED IMAGING OCTOBER 21 COPIER CHARGES 1822032 12/13/21 30.00 3027
101-336-933.000 12/01/21 APPLIED IMAGING COPIER CHARGES 1854788 12/13/21 30.00 3027
101-336-933.000 12/08/21 MICROSOFT OFFICE 365 BUSINESS PREMIUM EXCHANGEE0100GR4T9
LICENSES 12/10/21 240.00 51514
GL Number Invoice Date Vendor Invoice Desc. Invoice Chk Date Amount
Check #
Fund 101 GENERAL FUND
Dept 441 PUBLIC WORKS
101-441-933.000 11/05/21 DTN, LLC WEATHER SOFTWARE 6033495 12/13/21 477.00 3033
101-441-933.000 12/08/21 MICROSOFT OFFICE 365 BUSINESS PREMIUM EXCHANGEE0100GR4T9
LICENSES 12/10/21 144.00 51514
101-441-933.000 11/29/21 PNC BANK CREDIT CARD CHARGES NOVEMBER 2021 12/10/21 64.39 51524
101-441-933.000 12/01/21 APPLIED IMAGING NOVEMBER 2021 COPIER CHARGES 1855399 12/22/21 56.95 3061
101-441-954.000 11/18/21 AMAZON CAPITAL SERVICES, INC XMAS TREE LIGHTS 1GHF-WNJV-W3P4 12/13/21 439.90 3026
101-441-954.000 11/15/21 FASTENAL COMPANY ELECTRICAL TAPE MIMAN155523 12/13/21 96.95 3035
101-441-954.000 11/17/21 FASTENAL COMPANY CHRISTMAS DECORATIONS MIMAN155544 12/13/21 122.35 3035
101-441-954.000 11/23/21 FASTENAL COMPANY TAPE, CABLE TIES MIMAN155627 12/13/21 72.57 3035
101-441-954.000 11/22/21 FASTENAL COMPANY ROPE CLIPS MIMAN155603 12/13/21 52.96 3035
101-441-954.000 11/19/21 FASTENAL COMPANY CABLE TIES MIMAN155597 12/13/21 355.44 3035
101-441-954.000 11/17/21 WAHR HARDWARE, INC. CHRISTMAS LIGHTS C217179 12/13/21 109.78 3055
101-441-954.000 11/17/21 WAHR HARDWARE, INC. CHRISTMAS LIGHTS C217178 12/13/21 44.91 3055
101-441-954.000 11/23/21 WAHR HARDWARE, INC. CHRISTMAS LIGHTS C217421 12/13/21 119.76 3055
101-441-954.000 11/30/21 WAHR HARDWARE, INC. CHRISTMAS LIGHTS B41945 12/13/21 49.90 3055
101-441-954.000 11/30/21 GILL-ROYS HARDWARE CHRISTMAS LIGHTS 2111-969195 12/10/21 15.97 51500
101-441-954.000 11/17/21 GILL-ROYS HARDWARE STORAGE BOX 2111-913234 12/10/21 43.99 51500
101-441-954.000 11/29/21 GILL-ROYS HARDWARE BOLTS 2111-962450 12/10/21 64.66 51500
101-441-954.000 12/02/21 GILL-ROYS HARDWARE STORAGE BOX 2112-975679 12/20/21 22.99 51560
101-441-954.000 12/02/21 GILL-ROYS HARDWARE RED DUCT TAPE 2112-975708 12/20/21 10.99 51560
GL Number Invoice Date Vendor Invoice Desc. Invoice Chk Date Amount
Check #
Fund 101 GENERAL FUND
Dept 751 PARKS & RECREATION
101-751-930.000 11/26/21 C & W PORTABLES & SEPTIC PORTA POTTY 182775 12/13/21 193.00 3029
101-751-930.000 11/26/21 C & W PORTABLES & SEPTIC PORT POTTY 182769 12/13/21 88.00 3029
101-751-930.000 11/26/21 C & W PORTABLES & SEPTIC PORTA POTTY 182777 12/13/21 88.00 3029
101-751-930.000 11/26/21 C & W PORTABLES & SEPTIC PORTA POTTY 182768 12/13/21 88.00 3029
101-751-930.000 11/26/21 C & W PORTABLES & SEPTIC PORTA POTTY 182772 12/13/21 88.00 3029
101-751-930.000 11/26/21 C & W PORTABLES & SEPTIC PORTA POTTY 182774 12/13/21 88.00 3029
101-751-930.000 11/26/21 C & W PORTABLES & SEPTIC PORTA POTTY 182776 12/13/21 88.00 3029
101-751-930.000 11/26/21 C & W PORTABLES & SEPTIC PORTA POTTY 182770 12/13/21 88.00 3029
101-751-930.000 11/26/21 C & W PORTABLES & SEPTIC PORTA POTTY 182773 12/13/21 88.00 3029
101-751-930.000 11/26/21 C & W PORTABLES & SEPTIC PORTA POTTY 182767 12/13/21 88.00 3029
101-751-930.000 11/26/21 C & W PORTABLES & SEPTIC PORTA POTTY 182771 12/13/21 88.00 3029
101-751-930.000 11/24/21 WAHR HARDWARE, INC. BOLTS, DRILL BIT C217453 12/13/21 13.01 3055
101-751-930.000 11/24/21 WAHR HARDWARE, INC. PLIER, DRILL BIT, HINGE C217451 12/13/21 37.75 3055
101-751-930.000 12/06/21 TOP LINE ELECTRIC LLC REPLACE PHOTO EYE 16658 12/22/21 83.41 3078
101-751-930.000 12/08/21 TOP LINE ELECTRIC LLC REPAIR BREAKER 16662 12/22/21 120.00 3078
101-751-931.000 12/07/21 AUTO VALUE \ AUTO-WARES GROUP TIRE SEALANT 256-1088717 12/20/21 19.98 51546
GL Number Invoice Date Vendor Invoice Desc. Invoice Chk Date Amount
Check #
Fund 226 CITY REFUSE FUND
Dept 000
226-000-202.000 12/08/21 LEIBING, REBECCA UB REFUND FOR ACCOUNT: 05935 ESC 05935 12/10/21 60.08 51504
226-000-202.000 12/06/21 MONOVICH, DIANA UB REFUND FOR ACCOUNT: 01044 C/B 01044 12/10/21 275.26 51515
226-000-202.000 12/07/21 PINK, ALEXANDER UB REFUND FOR ACCOUNT: 09033 ESC 09033 12/10/21 88.75 51521
226-000-752.000 11/17/21 FASTENAL COMPANY CLEANER, CAN LINERS, PAPER TOWEL MIMAN155539 12/13/21 338.88 3035
226-000-752.000 12/01/21 FILER CHARTER TOWNSHIP 51-06-124-125-01 SEWER SAD PMT 00570 12/10/21 6,542.31 51498
226-000-752.000 12/09/21 FASTENAL COMPANY CAN LINERS MIMAN155802 12/22/21 217.60 3067
226-000-826.000 11/30/21 REPUBLIC SERVICES #239 BASIC SERVICE 0239-003017518 12/20/21 34,151.29 51583
226-000-826.001 11/30/21 REPUBLIC SERVICES #239 RECYCLE 0239-003015469 12/20/21 4,122.33 51583
226-000-827.000 12/09/21 HURON TACKLE CO. 2021 FISH WASTE REMOVAL 942865 12/20/21 6,000.00 51563
226-000-827.000 11/30/21 REPUBLIC SERVICES #239 DUMPSTER SERVICE 0239-003012822 12/20/21 3,812.18 51583
226-000-830.001 11/30/21 THE PIONEER GROUP NOVEMBER ADVERTISEMENTS NOV21 41100167 12/10/21 567.00 51522
GL Number Invoice Date Vendor Invoice Desc. Invoice Chk Date Amount
Check #
Fund 501 BOAT LAUNCH FUND
Dept 000
Total For Dept 000 387.06
GL Number Invoice Date Vendor Invoice Desc. Invoice Chk Date Amount
Check #
Fund 592 WATER UTILITY
Dept 903 CAPITAL OUTLAY - OVER $5,000
592-903-986.045 11/18/21 SPICER GROUP INC JACKSON & VANBUREN RECON 210751 12/13/21 19,703.88 3050
592-903-986.045 10/18/21 SPICER GROUP INC JACKSON & VANBUREN RECONSTRUCTION 210188 12/13/21 12,001.00 3050
592-903-986.046 11/18/21 SPICER GROUP INC 2022 STREET IMPROVEMENTS 210761 12/13/21 894.25 3050
592-903-986.046 10/18/21 SPICER GROUP INC 2022 ST IMPROVEMENTS 210197 12/13/21 700.25 3050
592-903-986.051 08/16/21 SPICER GROUP INC TASK123 MUNICIPAL BUILDING ROOF IMPROVEMENTS
208956 12/13/21 431.30 3050
592-903-986.051 09/13/21 SPICER GROUP INC TASK123 MUNICIPAL BUILDING ROOF IMPROVEMENTS
209516 12/13/21 361.00 3050
592-903-986.051 11/19/21 SPICER GROUP INC TASK123 MUNICIPAL BUILDING ROOF IMPROVEMENTS
210813 12/13/21 716.20 3050
592-903-986.051 12/14/21 SPICER GROUP INC MUNICIPAL BUILDING ROOF IMPROVEMENTS211314 12/22/21 193.28 3075
GL Number Invoice Date Vendor Invoice Desc. Invoice Chk Date Amount
Check #
Fund 593 SEWER UTILITY
Dept 543 SEWER OPERATIONS
593-543-853.000 11/19/21 VERIZON WIRELESS 10/20-11/19/21 CELLULAR SERVICE 9893183442 12/10/21 120.03 51538
593-543-913.000 11/23/21 MWEA TRAVEL & TRAINING E29330 12/10/21 325.00 51516
593-543-913.000 11/23/21 MWEA TRAVEL & TRAINING E29331 12/10/21 150.00 51516
593-543-915.000 12/01/21 WEF MEMBERSHIP & DUES - RICK MOHR 01449844 2022 12/20/21 220.00 51592
593-543-920.000 11/30/21 CONSUMERS ENERGY MONTHLY ELECTRIC UTILITIES NOVEMBER2021 12/10/21 499.76 51494
593-543-920.000 12/09/21 CONSUMERS ENERGY MONTHLY ELECTRIC UTILITIES DEC 2021 12/20/21 10,281.45 51553
593-543-921.000 12/08/21 DTE ENERGY MONTHLY GASD UTILITIES 50 9TH ST 11/4-12/6/21 WWTP12/20/21 1,782.50 51556
593-543-921.000 12/08/21 DTE ENERGY MONTHLY GAS UTILITIES 27 ARTHUR ST 11/4-12/6/21SEWER12/20/21 39.35 51556
593-543-931.000 11/19/21 FASTENAL COMPANY REPAIR & MAINTENANCE - EQUIPMENT MIMAN155587 12/13/21 56.35 3035
593-543-931.000 11/19/21 TOP LINE ELECTRIC LLC REPAIR & MAINTENANCE - EQUIPMENT 16559 12/13/21 2,000.00 3054
593-543-931.000 11/19/21 TOP LINE ELECTRIC LLC REPAIR & MAINTENANCE - EQUIPMENT 16558 12/13/21 2,000.00 3054
593-543-931.000 11/30/21 WAHR HARDWARE, INC. REPAIR & MAINTENANCE - EQUIPMENT C217680 12/13/21 3.41 3055
593-543-931.000 11/23/21 AUTO VALUE \ AUTO-WARES GROUP REPAIR & MAINTENANCE - EQUIPMENT 256-1087827 12/10/21 49.90 51491
593-543-931.000 10/05/21 AUTO VALUE \ AUTO-WARES GROUP REPAIR & MAINTENANCE - EQUIPMENT 256-1083914 12/10/21 138.29 51491
593-543-931.000 11/30/21 FAMILY FARM & HOME - MANISTEE REPAIR & MAINTENANCE - EQUIPMENT 006976/H 12/10/21 23.99 51497
593-543-931.000 11/29/21 FAMILY FARM & HOME - MANISTEE REPAIR & MAINTENANCE - EQUIPMENT 006973/H 12/10/21 19.95 51497
593-543-931.000 12/10/21 GILL-ROYS HARDWARE REPAIR & MAINTENANCE - EQUIPMENT 2112-614203 12/20/21 31.41 51560
593-543-932.000 12/06/21 AUTO VALUE \ AUTO-WARES GROUP REPAIR & MAINTENANCE - VEHICLES 256-1088675 12/20/21 20.39 51546
593-543-932.000 12/02/21 AUTO VALUE \ AUTO-WARES GROUP REPAIR & MAINTENANCE - VEHICLES 256-1088392 12/20/21 55.09 51546
593-543-933.000 12/08/21 MICROSOFT OFFICE 365 BUSINESS PREMIUM EXCHANGEE0100GR4T9
LICENSES 12/10/21 48.00 51514
GL Number Invoice Date Vendor Invoice Desc. Invoice Chk Date Amount
Check #
Fund 703 CURRENT TAX COLLECTION
Dept 000
703-000-215.000 12/20/21 DOWNTOWN DEVELOPMENT AUTHORITY2021 SUMMER TAX DISTRIBUTION 11 12/1-12/15/21
21SUNTXDIST11 12/22/21 2,354.08 3063
703-000-215.000 12/20/21 DOWNTOWN DEVELOPMENT AUTHORITY2021 WINTER TAX DISTRIBUTION 1: 12/1-12/15/21
21WINTXDIST1 12/22/21 5,386.45 3063
703-000-222.000 12/10/21 MANISTEE COUNTY TREASURER 2021 SUMMER TAX DISTRIBUTION 10 11/16-11/30/21
21SUMTXDIST10
SET/OPS/BRA
12/10/21 7,299.59 51509
703-000-222.000 12/20/21 MANISTEE COUNTY TREASURER 2021 WINTER TAX DISTRIBUTION 1 12/1-12/15/21
21WINTXDIST1
VOTED MILLAGES/BRA
12/20/21 115,746.14 51572
703-000-222.000 12/20/21 MANISTEE COUNTY TREASURER 2021 SUMMER TAX DISTRIBUTION 7 12/1-12/15/21
21SUMTXDIST11
SET/OPS 12/20/21 1,577.32 51572
703-000-222.010 12/10/21 MANISTEE COUNTY TREASURER 2021 SUMMER TAX DISTRIBUTION 10 11/16-11/30/21
21SUMTXDIST10
SET/OPS/BRA
12/10/21 6,631.69 51509
703-000-222.010 12/20/21 MANISTEE COUNTY TREASURER 2021 WINTER TAX DISTRIBUTION 1 12/1-12/15/21
21WINTXDIST1
VOTED MILLAGES/BRA
12/20/21 4,615.74 51572
703-000-225.000 12/20/21 MANISTEE AREA PUBLIC SCHOOLS 2021 WINTER TAX DISTRIBUTION 1 12/1-12/15/21
21WINTXDIST1
OP/DEBT 12/20/21 301,463.42 51567
703-000-225.001 12/20/21 MANISTEE AREA PUBLIC SCHOOLS 2021 WINTER TAX DISTRIBUTION 1 12/1-12/15/21
21WINTXDIST1
OP/DEBT 12/20/21 161,882.21 51567
703-000-228.001 12/10/21 MANISTEE COUNTY TREASURER 2021 SUMMER TAX DISTRIBUTION 10 11/16-11/30/21
21SUMTXDIST10
SET/OPS/BRA
12/10/21 8,005.60 51509
703-000-228.001 12/20/21 MANISTEE COUNTY TREASURER 2021 SUMMER TAX DISTRIBUTION 7 12/1-12/15/21
21SUMTXDIST11
SET/OPS 12/20/21 2,248.68 51572
703-000-234.000 12/10/21 MANISTEE INTERMEDIATE SCHOOL 2021 SUMMER TAX DISTRIBUTION 10 111/16-11/30/21
21SUMTXDIST10 12/10/21 3,055.07 51510
703-000-234.000 12/20/21 MANISTEE INTERMEDIATE SCHOOL 2021 SUMMER TAX DISTRIBUTUTION 11 12/1-12/15/21
21SUMTXDIST11 12/20/21 858.07 51573
703-000-235.000 12/10/21 WEST SHORE COMMUNITY COLLEGE 2021 SUMMER TAX DISTRIBUTION 10 11/16-11/30/21
21SUMTXDIST10 12/10/21 4,081.22 51541
703-000-235.000 12/20/21 WEST SHORE COMMUNITY COLLEGE 2021 SUMMER TAX DISTRIBUTION 11 12/1-12/15/21
21SUMTXDIST11 12/20/21 881.95 51594
703-000-275.000 12/15/21 GARBER TODD & ELIZABETH A 2021 Win Tax Refund 51-656-702-02 12/15/2021 12/20/21 394.65 51558
703-000-275.000 12/17/21 LERETA LLC 2021 Sum Tax Refund 51-748-725-08 12/17/2021 12/20/21 1,557.08 51565
703-000-275.000 12/17/21 LUEDKE BARRY & CARMEN LE 2021 Sum Tax Refund 51-670-717-10 12/17/2021 12/20/21 2,974.06 51566
703-000-275.000 12/14/21 MICHIGAN ASPHALT TERMINALS CO 2021
LLC Sum Tax Refund 51-900-012-88 12/14/2021 12/20/21 142.94 51577
703-000-275.000 12/15/21 WELLS FARGO BANK 2021 Win Tax Refund 51-647-707-05 12/15/2021 12/20/21 447.04 51593
GL Number Invoice Date Vendor Invoice Desc. Invoice Chk Date Amount
Check #
Fund Totals:
Fund 101 GENERAL FUND 223,795.80
Fund 202 MAJOR STREET FUND 36,491.90
Fund 203 LOCAL STREET FUND 40,204.12
Fund 226 CITY REFUSE FUND 56,220.52
Fund 275 GRANT MANAGEMENT FUND 8,795.50
Fund 430 CAPITAL IMPROVEMENT FUND 58,357.19
Fund 501 BOAT LAUNCH FUND 387.06
Fund 592 WATER UTILITY 54,488.01
Fund 593 SEWER UTILITY 1,166,905.26
Fund 594 MARINA FUND 4,808.92
Fund 703 CURRENT TAX COLLECTION 631,603.00
List of Figures
Figure 1 – Location Map
Figure 2 – Site Layout Map
Figure 3a- Civil Site Plan
Figure 3b- Utility Site Plan
Figure 3c- Site Stormwater Management Plan
List of Tables
Table 1 – Tax Increment Revenue Capture
Table 2 – Tax Increment Revenue Reimbursement Allocation
List of Attachments
Attachment A Brownfield Plan Resolution(s)
Attachment B Conceptual Renderings
Attachment C Obsolete Determination
Attachment D Reimbursement Agreement
Attachment E City Infrastructure Improvement Locations
Fishbeck | Page 1
1.0 Introduction
The City of Manistee Brownfield Redevelopment Authority (the “Authority” or MBRA) was established by the City
of Manistee pursuant to the Brownfield Redevelopment Financing Act, Michigan Public Act 381 of 1996, as
amended (“Act 381”). The primary purpose of Act 381 is to encourage the redevelopment of eligible property by
providing economic development incentives through tax increment financing for certain eligible properties.
This Brownfield Plan (“Plan”) permits the use of tax increment financing to reimburse Hotel Ventures Manistee,
LLC (“Developer”) and the City of Manistee (“City”) for the cost of eligible activities required to redevelop the
eligible property. See Attachment A for copies of Plan resolutions.
1.1 Proposed Redevelopment and Future Use for the Eligible Property
The Developer is proposing to redevelop the existing motel property at 101 South Lakeshore Drive, Manistee,
Manistee County, Michigan (the “Property”). Refer to Figures 1 & 2 for the location of the eligible property.
Proposed redevelopment activities include the construction of a five-story commercial hotel with 101
guestrooms. Site improvements will include new public parking, extension of the water main, storm detention
and a new concrete launch drive. Total private investment, not including property acquisition, is approximately
$20,000,000. Project renderings are provided as Attachment B. The City is proposing the construction of new
curb/sidewalk along First Street, new/restored public parking areas, bike lanes and stormwater quality measures.
See Figure 3a for the proposed future Site plan.
The development is expected to start in Spring 2022 and continue through early 2023.
line of First Street; thence S.89°-36'W., on said line, 1093.2 feet for a place of beginning; thence N.89°-
36'E., 250 feet; thence S.00°-19'E, 300 feet; thence S.89°-36'W, 325 feet; thence Northeasterly, 310 feet
more or less to the place of beginning.
• The Property layout is depicted on Figure 3a.
• The Property is considered an “eligible property” as defined by Act 381 because the Property is considered
“obsolete”. See Attachment C.
• For purposes of this Plan, personal property is not included as “eligible property”; and therefore, no
personal property taxes will be captured as part of the City/Developer reimbursement of costs for eligible
activities.
2.12 Other Material that the Authority or Governing Body Considers Pertinent
The Project will greatly improve the use of the Property by replacing a currently vacant and obsolete motel
building with a new five-story hotel that will bring jobs as well as visitors to the City, promoting additional
spending and increased property taxes within the City limits, as well as enhanced economic activity for local
businesses due to increased visitors to the community.
Plan Year 1 2 3 4 5 6 7 8 9 10
Calendar Year 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031
Base Taxable Value $ 877,000 $ 877,000 $ 877,000 $ 877,000 $ 877,000 $ 877,000 $ 877,000 $ 877,000 $ 877,000 $ 877,000
New TV $ 877,000 $ 1,650,000 $ 3,300,000 $ 3,333,000 $ 3,366,330 $ 3,399,993 $ 3,433,993 $ 3,468,333 $ 3,503,016 $ 3,538,047
Incremental Difference (New TV - Base TV)1 $ - $ 773,000 $ 2,423,000 $ 2,456,000 $ 2,489,330 $ 2,522,993 $ 2,556,993 $ 2,591,333 $ 2,626,016 $ 2,661,047
Total Tax Increment Revenue (TIR) Available for Capture $ - $ 18,552 $ 58,152 $ 58,944 $ 59,744 $ 60,552 $ 61,368 $ 62,192 $ 63,024 $ 63,865
Note-
For the purpose of Table 2, 2022 is the first year of the
plan, 2023 half of the total taxable value utilized, 2024
full taxable value utilized
Local tax abatement in effect from 2023-2032.
Therfore, no local tax capture available for this period
of time
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Table 1- Estimate of Total Incremental Taxes Available for Capture 2 of 2
Hampton Inn, Manistee, Manistee County, Michigan
Total Tax Increment Revenue (TIR) Available for Capture $ 64,714 $ 154,343 $ 156,382 $ 158,441 $ 160,521 $ 162,622 $ 160,077 $ 166,886 $ 1,690,381
Note-
For the purpose of Table 2, 2022 is the first year of the
plan, 2023 half of the total taxable value utilized, 2024
full taxable value utilized
Local tax abatement in effect from 2023-2032.
Therfore, no local tax capture available for this period
of time
Z:\2019\190899\WORK\Rept\Hampton Inn\EA TBL01 and TBL02_TIF_ Hampton Inn Manistee, rev 11022.xlsx
Table 2 - Estimate of Total Incremental Taxes Available for Reimbursement 1 of 2
Hampton Inn, Manistee, Manistee County, Michigan
Developer/City
Maximum School &
Reimbursement Local Taxes
State $ 814,701
Local 453,294 Estimated Years of Capture: 18 years (including 2 years of LBRF capture)
TOTAL $ 1,267,995
EGLE N/A
MSF N/A
2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035
Total State Incremental Revenue $ - $ 18,552 $ 58,152 $ 58,944 $ 59,744 $ 60,552 $ 61,368 $ 62,192 $ 63,024 $ 63,865 $ 64,714 $ 65,572 $ 66,438 $ 67,313
State Brownfield Redevelopment Fund (50% of SET) $ - $ 2,319 $ 7,269 $ 7,368 $ 7,468 $ 7,569 $ 7,671 $ 7,774 $ 7,878 $ 7,983 $ 8,089 $ 8,196 $ 8,305 $ 8,414
State TIR Available for Reimbursement $ - $ 16,233 $ 50,883 $ 51,576 $ 52,276 $ 52,983 $ 53,697 $ 54,418 $ 55,146 $ 55,882 $ 56,625 $ 57,375 $ 58,133 $ 58,899
Total State & Local TIR Available $ - $ 16,233 $ 50,883 $ 51,576 $ 52,276 $ 52,983 $ 53,697 $ 54,418 $ 55,146 $ 55,882 $ 56,625 $ 141,575 $ 143,506 $ 145,456
Beginning
DEVELOPER Balance
Developer Reimbursement Balance $ 758,545 $ - $ 758,545 $ 744,870 $ 706,708 $ 668,026 $ 628,819 $ 589,082 $ 548,809 $ 507,996 $ 466,636 $ 424,725 $ 382,256 $ 276,074 $ 168,445
MSF Non-Environmental Costs** $ 752,545 $ 752,545 $ 744,870 $ 706,708 $ 668,026 $ 628,819 $ 589,082 $ 548,809 $ 507,996 $ 466,636 $ 424,725 $ 382,256 $ 276,074 $ 168,445
State Tax Reimbursement $ 530,771 $ 7,675 $ 38,162 $ 38,682 $ 39,207 $ 39,737 $ 40,273 $ 40,813 $ 41,360 $ 41,911 $ 42,469 $ 43,032 $ 43,600 $ 44,174
Local Tax Reimbursement $ 221,774 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 63,150 $ 64,030 $ 64,918
Total MSF Reimbursement Balance $ 752,545 $ 744,870 $ 706,708 $ 668,026 $ 628,819 $ 589,082 $ 548,809 $ 507,996 $ 466,636 $ 424,725 $ 382,256 $ 276,074 $ 168,445 $ 59,353
MSF Non-Environmental Costs** $ 509,450 $ 509,450 $ 506,892 $ 494,171 $ 481,277 $ 468,208 $ 454,962 $ 441,538 $ 427,934 $ 414,147 $ 400,177 $ 386,020 $ 350,626 $ 314,750
State Tax Reimbursement $ 277,930 $ 2,558 $ 12,721 $ 12,894 $ 13,069 $ 13,246 $ 13,424 $ 13,604 $ 13,787 $ 13,970 $ 14,156 $ 14,344 $ 14,533 $ 14,725
Local Tax Reimbursement $ 231,520 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 21,050 $ 21,343 $ 21,639
Total City of Manistee Reimbursement Balance $ 509,450 $ 506,892 $ 494,171 $ 481,277 $ 468,208 $ 454,962 $ 441,538 $ 427,934 $ 414,147 $ 400,177 $ 386,020 $ 350,626 $ 314,750 $ 278,386
Total Annual Developer & City of Manistee Reimbursement $ - $ 16,233 $ 50,883 $ 51,576 $ 52,276 $ 52,983 $ 53,697 $ 54,418 $ 55,146 $ 55,882 $ 56,625 $ 141,575 $ 143,506 $ 145,456
LBRF Deposits *
State Tax Capture $ 98,175
Local Tax Capture $ 151,825
Total LBRF Capture $ 250,000
* Up to $250,000 of capture for LBRF Deposits after eligible activities are
reimbursed. May be taken from EGLE & Local TIR only.
Local tax abatement in effect from 2023-2032. Therfore no local tax capture
available for this period of time
**This table reflects a 75% Developer and 25% City split in TIF revenue
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Table 2 - Estimate of Total Incremental Taxes Available for Reimbursement 2 of 2
Hampton Inn, Manistee, Manistee County, Michigan
Total State & Local TIR Available $ 147,425 $ 149,414 $ 146,757 $ 153,452 $ 1,527,306
DEVELOPER
Developer Reimbursement Balance $ 59,353
City of Manistee
City of Manistee Reimbursement Balance $ 278,386 $ 190,313 $ 40,899
LBRF Deposits *
State Tax Capture $ 40,792 $ 57,383 $ 98,175
Local Tax Capture $ 65,066 $ 86,759 $ 151,825
Total LBRF Capture $ 250,000
* Up to $250,000 of capture for LBRF Deposits after eligible activities are
reimbursed. May be taken from EGLE & Local TIR only.
Local tax abatement in effect from 2023-2032. Therfore no local tax capture
available for this period of time
**This table reflects a 75% Developer and 25% City split in TIF revenue
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DEVELOPMENT AND REIMBURSEMENT AGREEMENT
RECITALS
B. The Plan includes specific eligible activities associated with the Developer’s
plan to redevelop approximately (2) acres of land located at 101 S. Lakeshore Drive in
Manistee, Michigan (the “Developer Property”).
C. The Plan also includes specific eligible activities associated with the City’s
plan to make improvements to the public infrastructure associated with the development,
and on adjacent City-owned property (the “City Property”).
D. The Developer owns the Developer Property, which is included in the Plan
as an “eligible property” because it was determined to be “functionally obsolete”, as
defined by Act 381, or adjacent and contiguous to an “eligible property.”
E. The City owns the City Property which is a public park that surrounds the
Developer Property, known as Douglas Park\First Street Beach.
G. As part of the Project, the City also intends to conduct certain eligible public
infrastructure improvement activities (the “Infrastructure”), as described in the Plan, with
an estimated cost of $509,450 (the “City Eligible Activities”). As further part of the
Project, the Authority shall receive $250,000 in Brownfield TIF Revenue, following
reimbursement to the City and Developer for eligible activities, for and to be deposited in
the Authority’s brownfield revolving fund as authorized by Act 381. All of the Developer
03048723 1
Eligible Activities and the City Eligible Activities (together, the “Eligible Activities”) are
eligible for reimbursement under Act 381. The total cost of the Eligible Activities, including
contingencies, are $1,517,995 (the “Total Eligible Brownfield TIF Costs”).
H. Act 381 permits the Authority to capture and use local and certain school
property tax revenues, subject to Michigan Strategic Fund approval of state school tax
capture for non-environmental activities, generated from the incremental increase in
property value of a redeveloped brownfield site constituting an “eligible property” under
Act 381 (the “Brownfield TIF Revenue”) to pay or to reimburse the payment of Eligible
Activities conducted on the “eligible property.” The Brownfield TIF Revenue will be used
to reimburse the Developer for the Developer Eligible Activities and the City for the City
Eligible Activities incurred and approved for the Project.
I. In accordance with Act 381, the parties desire to establish the procedure for
using the available Brownfield TIF Revenue generated from the Property to reimburse the
Developer and the City for completion of Eligible Activities on and around the Property in
an amount not to exceed the Total Eligible Brownfield TIF Costs.
1. Reimbursement Source.
a. During the Term of this Agreement as defined in Section 4, and except as set
forth in Section 2 and Section 3, the Authority shall reimburse the Developer
and City for the costs of their Eligible Activities conducted on and around the
Developer Property from the Brownfield TIF Revenue collected from the real
property taxes (personal property taxes are not included in the Plan) on the
Developer Property. The amount reimbursed to the Developer and City,
respectively, for their Eligible Activities shall not exceed the Total Eligible
Brownfield TIF Costs, and reimbursements shall be made on approved costs
submitted and approved in connection with the Developer Eligible Activities and
the City Eligible Activities, as follows:
(i) the Authority shall pay 25% of available Brownfield TIF Revenue to
the City to reimburse the cost of City Eligible Activities submitted and
approved for reimbursement by the Authority up to a maximum $509,450
for costs; and
(ii) the Authority shall pay 75% of available Brownfield TIF Revenue to
Developer to reimburse the cost of the Developer Eligible Activities
submitted and approved for reimbursement by the Authority until
Developer is fully reimbursed, up to a maximum $758,545; and
03048723 1 2
b. The Authority shall capture Brownfield TIF Revenue from the Developer
Property and reimburse the Developer and City for their Eligible Activities until
the earlier of the City and Developer each being fully reimbursed or December
31, 2052.
c. Payments to the City and Developer shall be made annually by the Authority
after the City has settled its annual property tax collections with the County, but
no later than August 31 each year that Brownfield TIF Revenue is available.
a. The Developer shall submit to the Authority, not more frequently than on a
quarterly basis, a “Request for Cost Reimbursement” for Developer Eligible
Activities paid for by the Developer during the prior period. All costs for the
Developer Eligible Activities must be consistent with the approved Plan. The
Developer must include documentation sufficient for the Authority to determine
whether the costs incurred were for Developer Eligible Activities, including detailed
invoices and proof of payment. Copies of all invoices for Developer Eligible
Activities must clearly itemize and note what Developer Eligible Activities they
support.
b. Unless the Authority or its Administrator disputes whether such costs are for
Developer Eligible Activities within thirty (30) days after receiving a Request for
Cost Reimbursement from the Developer, the Authority shall pay the Developer
the amounts for which submissions have been made pursuant to Section 2(a) of
this Agreement from which the submission may be wholly or partially paid from
available Brownfield TIF Revenue from the Developer Property in accordance with
the priority set forth in Section 1.
(i) The Developer shall cooperate with the Authority’s review of its Request for
Cost Reimbursement by providing supplemental information and
documentation which may be reasonably requested by the Authority.
(ii) If the Authority determines that requested costs are ineligible for
reimbursement, or requests supplemental information, the Authority shall
notify the Developer in writing of its reasons for such ineligibility, or make
its request for supplemental information, within the Authority’s thirty (30) day
period of review. The Developer shall then have thirty (30) days to provide
supplemental information or documents to the Authority demonstrating that
the costs are for Developer Eligible Activities and are eligible for
reimbursement.
c. All reimbursement requests must be submitted within six (6) months following
completion of the Developer Eligible Activities. For purpose of this Agreement,
completion of the Developer Eligible Activities shall be the date of the issuance of
an unconditional certificate of occupancy for the Project.
03048723 1 3
d. If a partial payment is made to the Developer by the Authority because of
insufficient Brownfield TIF Revenue captured, the Authority shall pay the
remainder in subsequent year(s) once additional Brownfield TIF Revenue from the
Developer Property has been received and until all the amounts for which
submissions have been made have been fully paid to the Developer, or by the end
of the Term (as defined below), whichever occurs first. The Authority is not
required to reimburse the Developer from any source other than Brownfield TIF
Revenue.
e. The Authority shall send all payments to the Developer by electronic funds transfer
directly to the Developer’s bank account. The Developer must provide the
Authority with the necessary banking information to accommodate this transfer.
a. The City shall submit to the Authority, not more frequently than on a quarterly basis,
a “Request for Cost Reimbursement” for City Eligible Activities paid for by the City
during the prior period. All costs for the City Eligible Activities must be consistent
with the approved Plan. The City must include documentation sufficient for the
Authority to determine whether the costs incurred were for City Eligible Activities,
including detailed invoices and proof of payment. Copies of all invoices for City
Eligible Activities must clearly itemize and note what City Eligible Activities they
support.
b. Unless the Authority or its Administrator disputes whether such costs are for City
Eligible Activities within thirty (30) days after receiving a Request for Cost
Reimbursement from the City, the Authority shall pay the City the amounts for
which submissions have been made pursuant to Section 3(a) of this Agreement in
accordance with the priority set forth in Section 1, from which the submission may
be wholly or partially paid from available Brownfield TIF Revenue from the
Developer Property.
(i) The City shall cooperate with the Authority’s review of its Request for Cost
Reimbursement by providing supplemental information and documentation
which may be reasonably requested by the Authority.
(ii) If the Authority determines that requested costs are ineligible for
reimbursement, or requests supplemental information, the Authority shall
notify the City in writing of its reasons for such ineligibility, or make its
request for supplemental information, within the Authority’s thirty (30) day
period of review. The City shall then have thirty (30) days to provide
supplemental information or documents to the Authority demonstrating that
the costs are for City Eligible Activities and are eligible for reimbursement.
03048723 1 4
c. All reimbursement requests must be submitted within 6 months following
completion of the City Eligible Activities
e. The Authority shall send all payments to the City by electronic funds transfer
directly to the City’s bank account.
4. Term of Agreement.
The Authority’s obligation to reimburse the City and Developer for the Total Eligible
Brownfield TIF Costs incurred by each party under this Agreement shall terminate the
earlier of the date when all reimbursements to the City and Developer required under this
Agreement have been made or December 31, 2052 (the “Term”). If the Brownfield TIF
Revenue ends before all of the Total Eligible Brownfield TIF Costs have been fully
reimbursed to the City and Developer, the last reimbursement payment by the Authority
shall be paid from the summer and winter tax increment revenue collected during the final
year of this Agreement.
a. The Developer shall use reasonable best efforts to start construction of the
Project by June 30, 2022 and will use its reasonable best efforts to complete
construction of the Project no later than December 31, 2023. The Project shall
be constructed according to the terms of the approved Special Use Permit,
including all stipulations, the approved site plan and the Plan. The Developer
shall be responsible for securing all needed permits prior to construction.
b. The City shall use reasonable best efforts to construct the Infrastructure as
outlined in the Brownfield Plan. The City will use its reasonable best effort to
construct the water main loop by no later than March 31, 2023. The City will
use its reasonable best effort to complete the loop resurfacing no later than
December 31, 2023.
c. The Developer and City shall provide reasonable access to each party’s
property to allow for concurrent construction of the Project and Infrastructure.
d. The Developer and City may, upon their mutual agreement, select a
professional or firm to manage or coordinate the concurrent construction of all
or portions of the Project or Infrastructure.
03048723 1 5
6. Appeal of Property Taxes
The Developer agrees to waive its right to appeal its real property tax assessment
for the duration of this Agreement, except for its ability to appeal the December 31st
assessment the year an unconditional certificate of occupancy is issued for the Project.
7. Adjustments.
8. Legislative Authorization.
This Agreement is governed by and subject to the restrictions set forth in Act 381.
If there is legislation enacted in the future that alters or affects the amount of Brownfield
TIF Revenue subject to capture, eligible property, or Eligible Activities, then the
Developer’s and City’s rights and the Authority’s obligations under this Agreement shall
be modified accordingly as required by law, or by agreement of the parties.
9. Notices.
All notices shall be given by registered or certified mail addressed to the parties at
their respective addresses as shown above. Any party may change its mailing address
by written notice sent by registered or certified mail to the other party.
10. Assignment.
This Agreement and the rights and obligations under this Agreement shall not be
assigned or otherwise transferred by any party without the consent of the other party,
which shall not be unreasonably withheld, provided, however, the Developer and City
may assign their interest in this Agreement to an affiliate without the prior written consent
of the Authority if such affiliate acknowledges its obligations to the Authority under this
Agreement upon assignment in writing on or prior to the effective date of such
assignment, provided, further, that the Developer and City may each make a collateral
assignment of their share of the Brownfield TIF Revenue for project financing purposes.
03048723 1 6
As used in this section, “affiliate” means any corporation, company, partnership, limited
liability company, trust, sole proprietorship or other entity or individual which (a) is owned
or controlled by the Developer or City, (b) owns or controls the Developer or (c) is under
common ownership or control with the Developer or City. This Agreement shall be binding
upon and inure to the benefit of any successors or permitted assigns of the parties.
This Agreement supersedes all agreements previously made between the parties
relating to the subject matter. There are no other understandings or agreements between
the parties.
12. Non-Waiver.
No delay or failure by either party to exercise any right under this Agreement, and
no partial or single exercise of that right, constitutes a waiver of that or any other right,
unless otherwise expressly provided herein.
13. Severability.
The Parties agree that if any part of this Agreement shall be held unenforceable,
null or void, that the rest of the Agreement shall remain in full force and effect.
This Agreement shall be construed in accordance with and governed by the laws
of the State of Michigan. It is mutually agreed that in the event of any proceeding, at law
or at equity, arising under this Agreement or breach thereof, that the venue of any such
action shall be in the County of Manistee, State of Michigan.
15. Counterparts.
This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original but all of which together shall constitute one and the same
instrument.
03048723 1 7
The parties have executed this Agreement on the date set forth above.
_______________________________
By: Roger Yoder
Its: Chair
CITY OF MANISTEE
_______________________________
By: Lynda Beaton
Its: Mayor
_______________________________
By: Peter D. Beukema
Its: Manager
03048723 1
EXHIBIT A
Copy of Brownfield Plan
03048723 1
DEVELOPMENT AND REIMBURSEMENT AGREEMENT
RECITALS
B. The Plan includes specific eligible activities associated with the Developer’s
plan to redevelop approximately (2) acres of land located at 101 S. Lakeshore Drive in
Manistee, Michigan (the “Developer Property”).
C. The Plan also includes specific eligible activities associated with the City’s
plan to make improvements to the public infrastructure associated with the development,
and on adjacent City-owned property (the “City Property”).
D. The Developer owns the Developer Property, which is included in the Plan
as an “eligible property” because it was determined to be “functionally obsolete”, as
defined by Act 381, or adjacent and contiguous to an “eligible property.”
E. The City owns the City Property which is a public park that surrounds the
Developer Property, known as Douglas Park\First Street Beach.
G. As part of the Project, the City also intends to conduct certain eligible public
infrastructure improvement activities (the “Infrastructure”), as described in the Plan, with
an estimated cost of $509,450 (the “City Eligible Activities”). As further part of the
Project, the Authority shall receive $250,000 in Brownfield TIF Revenue, following
reimbursement to the City and Developer for eligible activities, for and to be deposited in
the Authority’s brownfield revolving fund as authorized by Act 381. All of the Developer
03048723 1
Eligible Activities and the City Eligible Activities (together, the “Eligible Activities”) are
eligible for reimbursement under Act 381. The total cost of the Eligible Activities, including
contingencies, are $1,517,995 (the “Total Eligible Brownfield TIF Costs”).
H. Act 381 permits the Authority to capture and use local and certain school
property tax revenues, subject to Michigan Strategic Fund approval of state school tax
capture for non-environmental activities, generated from the incremental increase in
property value of a redeveloped brownfield site constituting an “eligible property” under
Act 381 (the “Brownfield TIF Revenue”) to pay or to reimburse the payment of Eligible
Activities conducted on the “eligible property.” The Brownfield TIF Revenue will be used
to reimburse the Developer for the Developer Eligible Activities and the City for the City
Eligible Activities incurred and approved for the Project.
I. In accordance with Act 381, the parties desire to establish the procedure for
using the available Brownfield TIF Revenue generated from the Property to reimburse the
Developer and the City for completion of Eligible Activities on and around the Property in
an amount not to exceed the Total Eligible Brownfield TIF Costs.
1. Reimbursement Source.
a. During the Term of this Agreement as defined in Section 4, and except as set
forth in Section 2 and Section 3, the Authority shall reimburse the Developer
and City for the costs of their Eligible Activities conducted on and around the
Developer Property from the Brownfield TIF Revenue collected from the real
property taxes (personal property taxes are not included in the Plan) on the
Developer Property. The amount reimbursed to the Developer and City,
respectively, for their Eligible Activities shall not exceed the Total Eligible
Brownfield TIF Costs, and reimbursements shall be made on approved costs
submitted and approved in connection with the Developer Eligible Activities and
the City Eligible Activities, as follows:
(i) the Authority shall pay 25% of available Brownfield TIF Revenue to
the City to reimburse the cost of City Eligible Activities submitted and
approved for reimbursement by the Authority up to a maximum $509,450
for costs; and
(ii) the Authority shall pay 75% of available Brownfield TIF Revenue to
Developer to reimburse the cost of the Developer Eligible Activities
submitted and approved for reimbursement by the Authority until
Developer is fully reimbursed, up to a maximum $758,545; and
03048723 1 2
b. The Authority shall capture Brownfield TIF Revenue from the Developer
Property and reimburse the Developer and City for their Eligible Activities until
the earlier of the City and Developer each being fully reimbursed or December
31, 2052.
c. Payments to the City and Developer shall be made annually by the Authority
after the City has settled its annual property tax collections with the County, but
no later than August 31 each year that Brownfield TIF Revenue is available.
a. The Developer shall submit to the Authority, not more frequently than on a
quarterly basis, a “Request for Cost Reimbursement” for Developer Eligible
Activities paid for by the Developer during the prior period. All costs for the
Developer Eligible Activities must be consistent with the approved Plan. The
Developer must include documentation sufficient for the Authority to determine
whether the costs incurred were for Developer Eligible Activities, including detailed
invoices and proof of payment. Copies of all invoices for Developer Eligible
Activities must clearly itemize and note what Developer Eligible Activities they
support.
b. Unless the Authority or its Administrator disputes whether such costs are for
Developer Eligible Activities within thirty (30) days after receiving a Request for
Cost Reimbursement from the Developer, the Authority shall pay the Developer
the amounts for which submissions have been made pursuant to Section 2(a) of
this Agreement from which the submission may be wholly or partially paid from
available Brownfield TIF Revenue from the Developer Property in accordance with
the priority set forth in Section 1.
(i) The Developer shall cooperate with the Authority’s review of its Request for
Cost Reimbursement by providing supplemental information and
documentation which may be reasonably requested by the Authority.
(ii) If the Authority determines that requested costs are ineligible for
reimbursement, or requests supplemental information, the Authority shall
notify the Developer in writing of its reasons for such ineligibility, or make
its request for supplemental information, within the Authority’s thirty (30) day
period of review. The Developer shall then have thirty (30) days to provide
supplemental information or documents to the Authority demonstrating that
the costs are for Developer Eligible Activities and are eligible for
reimbursement.
c. All reimbursement requests must be submitted within six (6) months following
completion of the Developer Eligible Activities. For purpose of this Agreement,
completion of the Developer Eligible Activities shall be the date of the issuance of
an unconditional certificate of occupancy for the Project.
03048723 1 3
d. If a partial payment is made to the Developer by the Authority because of
insufficient Brownfield TIF Revenue captured, the Authority shall pay the
remainder in subsequent year(s) once additional Brownfield TIF Revenue from the
Developer Property has been received and until all the amounts for which
submissions have been made have been fully paid to the Developer, or by the end
of the Term (as defined below), whichever occurs first. The Authority is not
required to reimburse the Developer from any source other than Brownfield TIF
Revenue.
e. The Authority shall send all payments to the Developer by electronic funds transfer
directly to the Developer’s bank account. The Developer must provide the
Authority with the necessary banking information to accommodate this transfer.
a. The City shall submit to the Authority, not more frequently than on a quarterly basis,
a “Request for Cost Reimbursement” for City Eligible Activities paid for by the City
during the prior period. All costs for the City Eligible Activities must be consistent
with the approved Plan. The City must include documentation sufficient for the
Authority to determine whether the costs incurred were for City Eligible Activities,
including detailed invoices and proof of payment. Copies of all invoices for City
Eligible Activities must clearly itemize and note what City Eligible Activities they
support.
b. Unless the Authority or its Administrator disputes whether such costs are for City
Eligible Activities within thirty (30) days after receiving a Request for Cost
Reimbursement from the City, the Authority shall pay the City the amounts for
which submissions have been made pursuant to Section 3(a) of this Agreement in
accordance with the priority set forth in Section 1, from which the submission may
be wholly or partially paid from available Brownfield TIF Revenue from the
Developer Property.
(i) The City shall cooperate with the Authority’s review of its Request for Cost
Reimbursement by providing supplemental information and documentation
which may be reasonably requested by the Authority.
(ii) If the Authority determines that requested costs are ineligible for
reimbursement, or requests supplemental information, the Authority shall
notify the City in writing of its reasons for such ineligibility, or make its
request for supplemental information, within the Authority’s thirty (30) day
period of review. The City shall then have thirty (30) days to provide
supplemental information or documents to the Authority demonstrating that
the costs are for City Eligible Activities and are eligible for reimbursement.
03048723 1 4
c. All reimbursement requests must be submitted within 6 months following
completion of the City Eligible Activities
e. The Authority shall send all payments to the City by electronic funds transfer
directly to the City’s bank account.
4. Term of Agreement.
The Authority’s obligation to reimburse the City and Developer for the Total Eligible
Brownfield TIF Costs incurred by each party under this Agreement shall terminate the
earlier of the date when all reimbursements to the City and Developer required under this
Agreement have been made or December 31, 2052 (the “Term”). If the Brownfield TIF
Revenue ends before all of the Total Eligible Brownfield TIF Costs have been fully
reimbursed to the City and Developer, the last reimbursement payment by the Authority
shall be paid from the summer and winter tax increment revenue collected during the final
year of this Agreement.
a. The Developer shall use reasonable best efforts to start construction of the
Project by June 30, 2022 and will use its reasonable best efforts to complete
construction of the Project no later than December 31, 2023. The Project shall
be constructed according to the terms of the approved Special Use Permit,
including all stipulations, the approved site plan and the Plan. The Developer
shall be responsible for securing all needed permits prior to construction.
b. The City shall use reasonable best efforts to construct the Infrastructure as
outlined in the Brownfield Plan. The City will use its reasonable best effort to
construct the water main loop by no later than March 31, 2023. The City will
use its reasonable best effort to complete the loop resurfacing no later than
December 31, 2023.
c. The Developer and City shall provide reasonable access to each party’s
property to allow for concurrent construction of the Project and Infrastructure.
d. The Developer and City may, upon their mutual agreement, select a
professional or firm to manage or coordinate the concurrent construction of all
or portions of the Project or Infrastructure.
03048723 1 5
6. Appeal of Property Taxes
The Developer agrees to waive its right to appeal its real property tax assessment
for the duration of this Agreement, except for its ability to appeal the December 31st
assessment the year an unconditional certificate of occupancy is issued for the Project.
7. Adjustments.
8. Legislative Authorization.
This Agreement is governed by and subject to the restrictions set forth in Act 381.
If there is legislation enacted in the future that alters or affects the amount of Brownfield
TIF Revenue subject to capture, eligible property, or Eligible Activities, then the
Developer’s and City’s rights and the Authority’s obligations under this Agreement shall
be modified accordingly as required by law, or by agreement of the parties.
9. Notices.
All notices shall be given by registered or certified mail addressed to the parties at
their respective addresses as shown above. Any party may change its mailing address
by written notice sent by registered or certified mail to the other party.
10. Assignment.
This Agreement and the rights and obligations under this Agreement shall not be
assigned or otherwise transferred by any party without the consent of the other party,
which shall not be unreasonably withheld, provided, however, the Developer and City
may assign their interest in this Agreement to an affiliate without the prior written consent
of the Authority if such affiliate acknowledges its obligations to the Authority under this
Agreement upon assignment in writing on or prior to the effective date of such
assignment, provided, further, that the Developer and City may each make a collateral
assignment of their share of the Brownfield TIF Revenue for project financing purposes.
03048723 1 6
As used in this section, “affiliate” means any corporation, company, partnership, limited
liability company, trust, sole proprietorship or other entity or individual which (a) is owned
or controlled by the Developer or City, (b) owns or controls the Developer or (c) is under
common ownership or control with the Developer or City. This Agreement shall be binding
upon and inure to the benefit of any successors or permitted assigns of the parties.
This Agreement supersedes all agreements previously made between the parties
relating to the subject matter. There are no other understandings or agreements between
the parties.
12. Non-Waiver.
No delay or failure by either party to exercise any right under this Agreement, and
no partial or single exercise of that right, constitutes a waiver of that or any other right,
unless otherwise expressly provided herein.
13. Severability.
The Parties agree that if any part of this Agreement shall be held unenforceable,
null or void, that the rest of the Agreement shall remain in full force and effect.
This Agreement shall be construed in accordance with and governed by the laws
of the State of Michigan. It is mutually agreed that in the event of any proceeding, at law
or at equity, arising under this Agreement or breach thereof, that the venue of any such
action shall be in the County of Manistee, State of Michigan.
15. Counterparts.
This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original but all of which together shall constitute one and the same
instrument.
03048723 1 7
The parties have executed this Agreement on the date set forth above.
_______________________________
By: Roger Yoder
Its: Chair
CITY OF MANISTEE
_______________________________
By: Lynda Beaton
Its: Mayor
_______________________________
By: Peter D. Beukema
Its: Manager
03048723 1
EXHIBIT A
Copy of Brownfield Plan
03048723 1