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Brownfield Redevelopment Authority

Regular Meeting

Manistee, MI · January 27, 2015

AgendaMinutes

Minutes

MANISTEE CITY BROWNFIELD REDEVELOPMENT AUTHORITY 70 Maple Street Manistee, MI 49660 MEETING MINUTES January 27, 2015 A meeting of the Manistee City Brownfield Redevelopment Authority was held on January 27, 2015 at 2 pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Meeting was called to order at 2:02 pm by Chair Clinton McKinven-Copus Roll Call: Members Present: Steve Brower, Dave Carlson, Donald Kuk, Clinton McKinven-Copus, Members Absent: W. Frank Beaver (excused), Marlene McBride, Jeffrey Stege (excused) Others: Shawn Middleton (City Engineer), T. Eftaxiadis (BRA Consultant), Ed Bradford (BRA Administrator), Denise Blakeslee (BRA Recording Secretary) APPROVAL OF AGENDA Motion by Don Kuk, seconded by Steve Brower that the agenda be approved as prepared. With a Voice Vote this motion passed unanimously APPROVAL OF MINUTES Motion by Don Kuk, seconded by Dave Carlson that the minutes of the August 5, 2014 Brownfield Redevelopment Authority meeting be approved as prepared. With a Voice Vote this motion passed unanimously There was not a quorum at the October 28, 2014 meeting therefore, no meeting minutes required approval. PUBLC HEARING None FINANCIAL REPORTS Approval of Invoices – Members reviewed the summary of paid invoices. City of Manistee Brownfield Redevelopment Authority Meeting Minutes of January 27, 2015 Page 1 CITY OF MANISTEE BROWNFIELD REDEVELOPMENT AUTHORITY SUMMARY OF INVOICES SUBMITTED FOR PAYMENT REPORTING August 7, 2014 through PERIOD: December 31, 2014 VENDOR NAME DATE INVOICE INVOICE SERVICE DESCRIPTION NUMBER AMOUNT Kathy Morin 8/7/14 $756.25 River Parc Place & North Channel Outlet Project Eftaxiadis 9/2/14 CMBRA-1408 $403.75 Consulting Services Consulting Inc. Pioneer Group 7/31/14 41100167- $ 34.00 Advertisement – RFP Former Manistee 07/31/14 Plating Building Demolition and Restoration Eftaxiadis 11/13/14 CMBRA-1409 $191.25 Consulting – Hotel Northern Brownfield Consulting Inc. Planning Pioneer Group 10/31/14 41100167- $ 78.25 Advertisement 10/31/14 TOTAL: $1,663.50 MOTION by Don Kuk, seconded by Dave Carlson to approve previously paid invoices. With a Voice Vote this motion passed unanimously. BRA Financing - Authority Administrator Ed Bradford reviewed the Balance Sheet and Revenue/Expenditure Report with the Directors (attached). Mr. Bradford discussed with the Directors recommendation leaving the current balance of $34,299.67 in the Authority’s account as working capital for future eligible environmental and redevelopment expenses. It must be noted that this account does not contain State TIF revenues. The Directors agreed that was appropriate. NEW BUSINESS Election of Officers According to the bylaws of the Manistee Brownfield Redevelopment Authority the election of officers is held at their annual meeting in January. Chair At this time the meeting was turned over to Ed Bradford who asked for nominations for the Position of Chair. Don Kuk, seconded by Dave Carlson nominated Clinton McKinven-Copus for the position of Chair There being no other nominations, nominations were closed. City of Manistee Brownfield Redevelopment Authority Meeting Minutes of January 27, 2015 Page 2 With a voice vote, Clinton McKinven-Copus was elected Chair of the Brownfield Redevelopment Authority for 2015. Vice-Chair Clinton McKinven-Copus asked for nominations for the Position of Vice-Chair. Steve Brower, seconded by Dave Carlson nominated Don Kuk for the position of Vice-Chair There being no other nominations, nominations were closed. With a voice vote, Don Kuk was elected Vice - Chair of the Brownfield Redevelopment Authority for 2015. Secretary/Treasurer Clinton McKinven-Copus asked for nominations for the Position of Secretary/Treasurer. Don Kuk, seconded by Dave Carlson nominated Steve Brower for the position of Secretary/Treasurer. There being no other nominations, nominations were closed. With a voice vote, Steve Brower was elected Secretary/Treasurer of the Brownfield Redevelopment Authority for 2015. Appointment of a Recording Secretary 2015 Once elected, the Secretary/Treasurer may appoint a Recording Secretary to handle the recording of the Authority’s meetings and related matters. Steve Brower appointed Denise Blakeslee to act as the Recording Secretary for the Brownfield Redevelopment Authority for the year 2015. Bylaw Review According to the Bylaws of the City of Manistee Brownfield Redevelopment Authority the commission shall annually review their Bylaws at the regularly scheduled meeting in January. Members received copies of the Bylaws in their meeting packets. No Changes were made to the Bylaws. Oath of Office/Section 6 Conflict of Interest - Annually the Brownfield Redevelopment Authority members will take an Oath of Office and agree to abide by Section 6 Conflict of Interest of the By-Laws of the City of Manistee Brownfield Redevelopment Authority. Ms. Blakeslee administered the Oath of Office to the Directors in Attendance. Each Director also read and signed a Section 6 Conflict of Interest. City of Manistee Brownfield Redevelopment Authority Meeting Minutes of January 27, 2015 Page 3 Project Update Staff reported to the Commission the status of the following projects: Hotel Northern – owner may be looking at a Brownfield Plan that would assist with the abatement of Asbestos and lead, demolition of interior and exterior structures, site grading & balancing, and other potentially “eligible” redevelopment activities. The property is considered a “facility” based on a Phase II ESA previously performed by the Authority utilizing USEPA grant funds. The new property owner completed a Baseline Environmental Assessment as needed for his/her liability protection. The owner may also be requesting the City’s and/or the Authority’s assistance to secure Blight Elimination and Rental Rehabilitation Grants from the State. The Authority may need to meet to act on a Brownfield Plan for this property prior to its next regularly scheduled meeting. South Washington Street Project – City approved the Brownfield Plan previously adopted by the Authority. The preparation of an Act 381 Work Plan and its submittal to the State by the Authority will be the next step in the Brownfield TIF approval process. The project is currently on hold while the developer secures financing for the redevelopment of the River Park building. The preparation and submittal of the Act 381 Work Plan will proceed as soon as the developer informs the Authority and the City of its intent and financial ability to initiate construction. The approval of the Work Plan may require a special meeting of the Authority depending on its timing. The City has submitted a Blight Elimination Grant application for the River Parc building; it is currently being reviewed by the State. If all goes well, construction work may begin this spring. H&K Building – This is a smaller project that may not be large enough to benefit from the Brownfield Program. We are waiting to hear from the new owners of their plans to redevelop the building. Roadway Inn – received an inquiry relating to the status of the property as a “Brownfield Redevelopment Zone” as needed by statute for a request for a Redevelopment Liquor License. Staff will investigate this further. Finance Director, Ed Bradford submitted the EPA closeout paperwork for the grants. T. Eftaxiadis will be working on the project summaries. We have been informed by the Manistee County Brownfield Redevelopment Authority that they were unable to utilize the entire balance of their USEPA Brownfield Assessment Grants prior to their expiration in September 2014. Joslin Cove – the developer contacted staff several months ago inquiring about an extension for their plan, but there has been no follow up from the developer. OLD BUSINESS Schedule Meetings 2015 There was not a quorum at the October 28, 2014 Brownfield Redevelopment Authority Meeting. The Authority needs to schedule the remainder of their meetings for 2015. The By-Laws require that quarterly meetings be held in January, April, July, and October. In 2014 the Authority met on the last Thursday of the month at 2:00 p.m. in the Council Chambers. City of Manistee Brownfield Redevelopment Authority Meeting Minutes of January 27, 2015 Page 4 MOTION by Don Kuk, seconded by Dave Carlson that the City of Manistee Brownfield Redevelopment Authority schedules the remainder of their meetings for 2015 as follows: April 28, 2015 July 28, 2015 October 27, 2015 With a Voice Vote this motion passed unanimously. PUBLIC COMMENTS AND COMMUNICATIONS Shawn Middleton, City Engineer – Mr. Middleton introduced himself to the Directors. Mr. Middleton works for the Spicer Group and they have just opened an office at 302 River Street. CORRESPONDENCE None STAFF REPORTS None MEMBERS DISCUSSION None The next regular meeting of the Brownfield Redevelopment Authority will be held on April 28, 2015 ADJOURNMENT Motion by Don Kuk, seconded by Dave Carlson that the meeting be adjourned. MOTION PASSED UNANIMOUSLY. Meeting adjourned at 2:37 pm MANISTEE CITY BROWNFIELD REDEVLOPMENT AUTHORITY ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Brownfield Redevelopment Authority Meeting Minutes of January 27, 2015 Page 5 City of Manistee Brownfield Redevelopment Authority Meeting Minutes of January 27, 2015 Page 6 City of Manistee Brownfield Redevelopment Authority Meeting Minutes of January 27, 2015 Page 7 City of Manistee Brownfield Redevelopment Authority Meeting Minutes of January 27, 2015 Page 8 City of Manistee Brownfield Redevelopment Authority Meeting Minutes of January 27, 2015 Page 9 City of Manistee Brownfield Redevelopment Authority Meeting Minutes of January 27, 2015 Page 10 City of Manistee Brownfield Redevelopment Authority Meeting Minutes of January 27, 2015 Page 11

Agenda

MANISTEE CITY BROWNFIELD REDEVELOPMENT AUTHORITY Meeting of January 27, 2015 2 pm - Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan AGENDA I Call to Order II Roll Call III Approval of Agenda At this time the Brownfield Redevelopment Authority can take action to approve the January 27, 2015 Agenda. IV Approval of Minutes At this time Brownfield Redevelopment Authority can take action to approve the August 5, 2014 meeting Minutes. V Public Hearing VI Financial Reports Approval of Invoices At this time the Brownfield Redevelopment Authority can take action to approve invoices BRA Financing Finance Director Ed Bradford will give a financial status update on the Grants and Brownfield Redevelopment Authority Funds. VII New Business Election of Officers According to the By-Laws of the City of Manistee Brownfield Redevelopment Authority their annual election of Officers is held at their annual meeting in January. At this time the meeting will be turned over to Ed Bradford who will ask for nominations. Chair - The Brownfield Redevelopment Authority will select a Chair for 2015. Vice-Chair - The Brownfield Redevelopment Authority will select a Vice Chair for 2015. 1|P age Secretary/Treasurer - The Brownfield Redevelopment Authority will select a Secretary for 2015. Appointment of a Recording Secretary 2015 At this time the Brownfield Redevelopment Authority Secretary appointed for 2015 may appoint a Recording Secretary for 2015. By Law Review According to the By-Laws of the City of Manistee Brownfield Redevelopment Authority shall annually review their By-Laws at their annual meeting in January. At this time the Brownfield Redevelopment Authority could take action to make changes to their By-Laws if necessary. Oath of Office/Section 6 Conflict of Interest Annually the Brownfield Redevelopment Authority members will take an Oath of Office and agree to abide by Section 6 Conflict of Interest of the By-Laws of the City of Manistee Brownfield Redevelopment Authority. At this time the members of the Brownfield Redevelopment Authority will take their Oath of Office and agree to abide by Section 6 Conflict of Interest of the By-Laws of the City of Manistee Brownfield Redevelopment Authority. Project Updates Staff will update the Brownfield Redevelopment Authority on the status of current projects. VIII Old Business Schedule Meetings 2015 There was not a quorum at the October 28, 2014 Brownfield Redevelopment Authority Meeting. The Authority needs to schedule the remainder of their meetings for 2015. The By-Laws require that quarterly meetings be held in January, April, July, and October. In 2014 the Authority met on the last Thursday of the month at 2:00 p.m. in the Council Chambers. At this time the Brownfield Redevelopment Authority could take action to schedule the remainder of their meetings for 2015. IX Public Comments and Communications At this time the Chair will ask if there are any public comments. X Correspondence 2|P age At this time the Chair will ask if any correspondence has been received to be read into the record. XI Staff Reports At this time the Chair will ask Staff for their report. XII Members Discussion At this time the Chair will ask members of the Brownfield Redevelopment Authority if they have any items they want to discuss. XIII Adjournment 3|P age Planning & Zoning 231.398.2805 Fax 231.723-1546 MEMORANDUM www.manisteemi.gov TO: Brownfield Redevelopment Authority Directors FROM: Denise Blakeslee Planning & Zoning DATE: January 22, 2015 RE: January 27, 2015 Brownfield Redevelopment Authority Meeting Directors, the next meeting of the Brownfield Redevelopment Authority will be on Tuesday, January 27, 2015 at 2 pm in the Council Chambers. We have the following items on the Agenda. Approval of Invoices – A copy of the Invoice Summary is included in your packet for your review. Election of Officers - According to the By-Laws of the City of Manistee Brownfield Redevelopment Authority their annual election of Officers is held at their annual meeting in January. Appointment of a Recording Secretary 2015 – The Secretary appointed for 2015 may appoint a Recording Secretary for 2015. By Law Review - According to the By-Laws of the City of Manistee Brownfield Redevelopment Authority shall annually review their By-Laws at their annual meeting in January. Oath of Office/Section 6 Conflict of Interest - Annually the Brownfield Redevelopment Authority members will take an Oath of Office and agree to abide by Section 6 Conflict of Interest of the By- Laws of the City of Manistee Brownfield Redevelopment Authority. Project Updates - Staff will update the Brownfield Redevelopment Authority on the status of current projects. Schedule Meeting Dates – The By-Laws require that we hold quarterly meetings (January, April, July, and October). We did not have a quorum at the October meeting and will need to schedule meetings for the remainder of 2015. If you are unable to attend the meeting please call me at 398.2805. See you Tuesday! MANISTEE CITY BROWNFIELD REDEVELOPMENT AUTHORITY 70 Maple Street Manistee, MI 49660 SPECIAL MEETING MINUTES August 5, 2014 A special meeting of the Manistee City Brownfield Redevelopment Authority was held on August 5, 2014 at 2:00 pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Meeting was called to order at 2:00 pm by Chair Clinton McKinven-Copus Roll Call: Members Present: Steve Brower, Dave Carlson, Donald Kuk, Clinton McKinven-Copus, Jeffrey Stege Members Absent: W. Frank Beaver (excused), Marlene McBride (excused) Others: Shari Wild (MSDDA Chair), Kathy Adair Morin (BRA Consultant), John Groothuis and T. Eftaxiadis (Development Team), Ed Bradford (BRA Administrator), Denise Blakeslee (BRA Recording Secretary), Brandon Ball (MSDDA – ER Committee) and others APPROVAL OF AGENDA Motion by Don Kuk, seconded by Jeff Stege that the agenda be approved with Public Comment being moved before New Business. With a Voice Vote this motion passed unanimously. APPROVAL OF MINUTES Motion by Don Kuk, seconded by Steve Brower that the minutes of the July 29, 2014 Brownfield Redevelopment Authority Meeting be approved as prepared. With a Voice Vote this motion passed unanimously. City of Manistee Brownfield Redevelopment Authority Meeting Minutes of August 5, 2014 Page 1 PUBLC HEARING None Financial Reports None Director Carlson entered the meeting at 2:04 pm PUBLIC COMMENTS AND COMMUNICATIONS Chair McKinven-Copus asked the public in attendance if they had any comments Shari Wild, Chair DDA/Main Street – While the Brownfield Plan has not been formally presented to the DDA at this time, their Strategic Plan has identified this area as a priority for redevelopment for the past 3-4 years. Keith Graham, United Veterans Council – Asked to reserve comment until information about the use of parking at the Memorial Drive Parking Lot is received.. NEW BUSINESS None OLD BUSINESS South Washington Area Brownfield Plan The Brownfield Redevelopment Authority continued their discussion on the proposed Brownfield Plan for the South Washington Area. Members received copy of the document that included the two minor corrections noted at the last meeting. Director Kuk asked staff to address Mr. Graham’s question about the impact the project would have on the parking at Veteran’s Memorial Park. Kathy Adair Morin, Consultant – said the project would not negatively impact the area that it would positively impact the area. Thirty additional residential units would create more activity and the plan includes public infrastructure improvements. T. Eftaxiadis, Development Team – spoke about the tax increment financing (TIF)that will be generated by the redevelopment of River Parc and the North Channel Outlet properties. The City-owned parcel to the west could be redeveloped in the future, thus generating TIF. The City of Manistee Brownfield Redevelopment Authority Meeting Minutes of August 5, 2014 Page 2 inclusion of the Veterans Memorial Park in the Plan could result infrastructure improvements around it including paving of Memorial Drive, new Streetscape on Washington Street from the bridge to Fifth Avenue, repaving of the parking lot, and improvements to the current riverwalk by the Park, thus laying the groundwork for future expansion of the riverwalk to the west. Additionally, TIF generated from the redevelopment of the two properties can be used by the City and/or DDA for public infrastructure improvements that are needed to support the increased density that will result from the redevelopment, such as replacement of the sewer that runs along the north river channel; enlargement of the existing pump station; installation of a retaining wall on Short Street. Mr. Eftaxiadis explained that the four private parcels are “facilities” (meaning they are contaminated); the City owned parcels are included in the Plan because they are contiguous to “facilities”. The parking lot on Memorial Drive is a public parking lot, therefore parking spaces cannot be reserved for private use. Even though there is no zoning requirement for creation of parking spaces in developments in the Downtown, the proposed development has adequate land for approximately 60 parking spaces to service the 30+ residential units. Customers for the proposed businesses would use the City parking Lot on Memorial Drive. Director Kuk asked Staff to go over the Estimate of Captured Taxable Value & Tax Increment Financing. Staff reviewed the tables and Attachment A – Eligible Activities and Eligible Costs with the Directors. It was noted that State tax increments captured for Brownfield “eligible” costs are reimbursed to the schools by the State. MOTION by Don Kuk, seconded by Jeff Stege that the City of Manistee Brownfield Redevelopment Authority recommend to the City of Manistee Main Street – Downtown Development Authority and the City Council approval of the Brownfield Plan dated July 2014 developed by the Authority for the South Washington Area Redevelopment Project, based on the determination and finding that: 1. The Plan constitutes a public purpose under the Act. 2. The Plan meets all of the requirements for a Brownfield Plan set forth in Section 13 of the Act. 3. The proposed method of financing the costs of the eligible activities by the Authority, as described in the Plan, using school and local tax increment is feasible and the Authority has the ability to arrange the financing. 4. The costs of eligible activities proposed in the Plan are reasonable and necessary. 5. The amount of captured taxable value estimated to result from adoption of the Plan is reasonable. With a voice vote Motion passed unanimously. City of Manistee Brownfield Redevelopment Authority Meeting Minutes of August 5, 2014 Page 3 CORRESPONDENCE None STAFF REPORTS Ed Bradford, BRA Administrator – will draft an email to invite members of the DDA/Main Street, Planning Commission, Historic District Commission, AES and other interested parties to the Council Worksession on August 12, 2014 where the Plan will be discussed with the City Council. There are many components to this very complicated plan, therefore additional approvals for grant/loan applications and other programs will be needed. MEMBERS DISCUSSION None The next regular meeting of the Brownfield Redevelopment Authority will be held on Tuesday, October 28, 2014 ADJOURNMENT Motion by Don Kuk, seconded by Steve Brower that the meeting be adjourned. MOTION PASSED UNANIMOUSLY. Meeting adjourned at 2:30 pm MANISTEE CITY BROWNFIELD REDEVLOPMENT AUTHORITY ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Brownfield Redevelopment Authority Meeting Minutes of August 5, 2014 Page 4 CITY OF MANISTEE BROWNFIELD REDEVELOPMENT AUTHORITY SUMMARY OF INVOICES SUBMITTED FOR PAYMENT REPORTING August 7, 2014 through December 31, 2014 PERIOD: VENDOR NAME DATE INVOICE NUMBER INVOICE SERVICE DESCRIPTION AMOUNT Kathy Morin 8/7/14 $756.25 River Parc Place & North Channel Outlet Project Eftaxiadis Consulting Inc. 9/2/14 CMBRA-1408 $403.75 Consulting Services Pioneer Group 7/31/14 41100167-07/31/14 $ 34.00 Advertisement – RFP Former Manistee Plating Building Demolition and Restoration Eftaxiadis Consulting Inc. 11/13/14 CMBRA-1409 $191.25 Consulting – Hotel Northern Brownfield Planning Pioneer Group 10/31/14 41100167-10/31/14 $ 78.25 Advertisement TOTAL: $1,663.50 REVENUE/EXPENDITURE REPORT Page: 1 City of Manistee 1/22/2015 For the Period: 7/1/2013 to 6/30/2014 3:19 pm Original Bud. Amended Bud. YTD Actual CURR MTH Encumb. YTD UnencBal % Bud Fund: 243 - BROWNFIELD REDEVELOPMENT AUTHO Revenues Dept: 000 485.000 Permits Permits 0.00 0.00 0.00 0.00 0.00 0.00 0.0 501.000 Federal Grant Federal Grant 0.00 0.00 0.00 0.00 0.00 0.00 0.0 539.000 State Grant Revenue 313609 09/13/2013 GJ EFT - State of Michigan / Brownfield 334 River Street - Pmt #3 $17,611.75 17,611.75 & Pmt #4 $8,637.81 313609 09/13/2013 GJ EFT - State of Michigan / Brownfield 334 River Street - Pmt #3 $17,611.75 8,637.81 & Pmt #4 $8,637.81 313610 09/13/2013 GJ EFT - State of Michgian / Brownfield 334 River Street - Pmt #4 remainder 2,557.19 Final Payment - Grant Closed 328592 06/30/2014 CR Rcd From: ST OF MI Ref ID: AM 15,321.00 Drawer:EFT Type:GRANT 766 State Grant Revenue 0.00 0.00 44,127.75 15,321.00 0.00 -44,127.75 0.0 626.000 Charge for Service Charge for Service 0.00 0.00 0.00 0.00 0.00 0.00 0.0 664.000 Interest Income Interest Income 0.00 0.00 0.00 0.00 0.00 0.00 0.0 676.000 Reimbursement 324594 05/15/2014 AR RIETH-RILEY CONSTRUCTION CO. 9,140.09 Invoice #:00001894 1905 Reimbursement 0.00 0.00 9,140.09 0.00 0.00 -9,140.09 0.0 699.000 Transfers In 319388 01/30/2014 GJ Transfer 251 Balance to BRA Fund 245.40 Transfers In 0.00 0.00 245.40 0.00 0.00 -245.40 0.0 Dept: 000 0.00 0.00 53,513.24 15,321.00 0.00 -53,513.24 0.0 Revenues 0.00 0.00 53,513.24 15,321.00 0.00 -53,513.24 0.0 Expenditures Dept: 000 799.000 Miscellaneous Expense Miscellaneous Expense 0.00 0.00 0.00 0.00 0.00 0.00 0.0 801.000 Professional Services 310968 08/13/2013 AP EFTAXIADIS CONSULTING INC CMBRA Technical Services 297.50 INV#: CMBRA-1307 74320 311731 09/06/2013 AP EFTAXIADIS CONSULTING INC CMBRA Technical Services 191.25 INV#: CMBRA-1308 74527 317707 12/13/2013 AP EFTAXIADIS CONSULTING INC Env Consulting - Joslin Cove, 233.75 INV#: CMBRA-1311 75870 317707 12/13/2013 AP EFTAXIADIS CONSULTING INC Env Consulting - Joslin Cove, 170.00 INV#: CMBRA-1311 75870 328633 06/13/2014 AP EFTAXIADIS CONSULTING INC Consulting - Filer Twp Landfil 1,317.50 INV#: CMBRA-1405 77801 Professional Services 0.00 0.00 2,210.00 1,317.50 0.00 -2,210.00 0.0 820.000 Administration Administration 0.00 0.00 0.00 0.00 0.00 0.00 0.0 900.000 Printing & Publishing Printing & Publishing 0.00 0.00 0.00 0.00 0.00 0.00 0.0 970.000 Capital Outlay Capital Outlay 0.00 0.00 0.00 0.00 0.00 0.00 0.0 988.000 Grant Expense - Land Improveme Grant Expense - Land Improveme 0.00 0.00 0.00 0.00 0.00 0.00 0.0 999.000 Transfers Out Transfers Out 0.00 0.00 0.00 0.00 0.00 0.00 0.0 REVENUE/EXPENDITURE REPORT Page: 2 City of Manistee 1/22/2015 For the Period: 7/1/2013 to 6/30/2014 3:19 pm Original Bud. Amended Bud. YTD Actual CURR MTH Encumb. YTD UnencBal % Bud Fund: 243 - BROWNFIELD REDEVELOPMENT AUTHO Expenditures Dept: 000 0.00 0.00 2,210.00 1,317.50 0.00 -2,210.00 0.0 Dept: 691 MDEQ Loan 801.000 Professional Services Professional Services 0.00 0.00 0.00 0.00 0.00 0.00 0.0 964.000 Refunds Refunds 0.00 0.00 0.00 0.00 0.00 0.00 0.0 990.000 American Materials MDEQ Loan 327188 05/31/2014 AP STATE OF MICHIGAN - MDEQ Brownfield Redevelopment Loan 9,140.09 INV#: PR #431839-00 - #2 77638 American Materials MDEQ Loan 0.00 0.00 9,140.09 0.00 0.00 -9,140.09 0.0 MDEQ Loan 0.00 0.00 9,140.09 0.00 0.00 -9,140.09 0.0 Dept: 692 MDEQ Grant 801.000 Professional Services Professional Services 0.00 0.00 0.00 0.00 0.00 0.00 0.0 MDEQ Grant 0.00 0.00 0.00 0.00 0.00 0.00 0.0 Dept: 693 334 River St Grant 801.000 Professional Services 315119 10/01/2013 AP ELMER'S CRANE & DOZER, INC. 334 River St Brownfield Proj 8,477.75 INV#: 805340 75370 315120 10/01/2013 AP RIO VISTA LLC 334 River St Brownfield 6,136.81 INV#: 75371 Professional Services 0.00 0.00 14,614.56 0.00 0.00 -14,614.56 0.0 334 River St Grant 0.00 0.00 14,614.56 0.00 0.00 -14,614.56 0.0 Expenditures 0.00 0.00 25,964.65 1,317.50 0.00 -25,964.65 0.0 BALANCE SHEET Page: 1 1/22/2015 City of Manistee 3:21 pm As of: 6/30/2014 (PFY) Balances Fund: 243 - BROWNFIELD REDEVELOPMENT AUTHO Assets 001.000 Cash 26,623.08 040.000 AR - Invoices 9,140.09 Total Assets 35,763.17 Reserves/Balances 390.000 Fund Balance 8,214.58 398.000 Change in Fund Balance 27,548.59 Total Reserves/Balances 35,763.17 Total Liabilities & Balances 35,763.17 REVENUE/EXPENDITURE REPORT Page: 1 City of Manistee 1/22/2015 For the Period: 7/1/2014 to 12/31/2014 3:20 pm Original Bud. Amended Bud. YTD Actual CURR MTH Encumb. YTD UnencBal % Bud Fund: 243 - BROWNFIELD REDEVELOPMENT AUTHO Revenues Dept: 000 485.000 Permits Permits 0.00 0.00 0.00 0.00 0.00 0.00 0.0 501.000 Federal Grant Federal Grant 0.00 0.00 0.00 0.00 0.00 0.00 0.0 539.000 State Grant Revenue State Grant Revenue 0.00 0.00 0.00 0.00 0.00 0.00 0.0 626.000 Charge for Service Charge for Service 0.00 0.00 0.00 0.00 0.00 0.00 0.0 664.000 Interest Income Interest Income 0.00 0.00 0.00 0.00 0.00 0.00 0.0 676.000 Reimbursement Reimbursement 0.00 0.00 0.00 0.00 0.00 0.00 0.0 699.000 Transfers In Transfers In 0.00 0.00 0.00 0.00 0.00 0.00 0.0 Dept: 000 0.00 0.00 0.00 0.00 0.00 0.00 0.0 Revenues 0.00 0.00 0.00 0.00 0.00 0.00 0.0 Expenditures Dept: 000 799.000 Miscellaneous Expense Miscellaneous Expense 0.00 0.00 0.00 0.00 0.00 0.00 0.0 801.000 Professional Services 332684 08/07/2014 AP MORIN/KATHY// River Parc Place & North 756.25 INV#: 78961 332679 09/02/2014 AP EFTAXIADIS CONSULTING INC Consulting Services 403.75 INV#: CMBRA-1408 78956 337612 11/13/2014 AP EFTAXIADIS CONSULTING INC Consulting - Hotel Northern 191.25 INV#: 80111 Professional Services 0.00 0.00 1,351.25 0.00 0.00 -1,351.25 0.0 820.000 Administration Administration 0.00 0.00 0.00 0.00 0.00 0.00 0.0 900.000 Printing & Publishing 331487 07/31/2014 AP PIONEER GROUP/THE// Advertisements 34.00 INV#: #41100167 - 07/31/14 78734 337727 10/31/2014 AP PIONEER GROUP/THE// Advertisements 78.25 INV#: #41100167 - 10/31/14 80226 Printing & Publishing 0.00 0.00 112.25 0.00 0.00 -112.25 0.0 970.000 Capital Outlay Capital Outlay 0.00 0.00 0.00 0.00 0.00 0.00 0.0 988.000 Grant Expense - Land Improveme Grant Expense - Land Improveme 0.00 0.00 0.00 0.00 0.00 0.00 0.0 999.000 Transfers Out Transfers Out 0.00 0.00 0.00 0.00 0.00 0.00 0.0 Dept: 000 0.00 0.00 1,463.50 0.00 0.00 -1,463.50 0.0 Dept: 691 MDEQ Loan 801.000 Professional Services REVENUE/EXPENDITURE REPORT Page: 2 City of Manistee 1/22/2015 For the Period: 7/1/2014 to 12/31/2014 3:20 pm Original Bud. Amended Bud. YTD Actual CURR MTH Encumb. YTD UnencBal % Bud Fund: 243 - BROWNFIELD REDEVELOPMENT AUTHO Expenditures Dept: 691 MDEQ Loan Professional Services 0.00 0.00 0.00 0.00 0.00 0.00 0.0 964.000 Refunds Refunds 0.00 0.00 0.00 0.00 0.00 0.00 0.0 990.000 American Materials MDEQ Loan American Materials MDEQ Loan 0.00 0.00 0.00 0.00 0.00 0.00 0.0 MDEQ Loan 0.00 0.00 0.00 0.00 0.00 0.00 0.0 Dept: 692 MDEQ Grant 801.000 Professional Services Professional Services 0.00 0.00 0.00 0.00 0.00 0.00 0.0 MDEQ Grant 0.00 0.00 0.00 0.00 0.00 0.00 0.0 Dept: 693 334 River St Grant 801.000 Professional Services Professional Services 0.00 0.00 0.00 0.00 0.00 0.00 0.0 334 River St Grant 0.00 0.00 0.00 0.00 0.00 0.00 0.0 Expenditures 0.00 0.00 1,463.50 0.00 0.00 -1,463.50 0.0 BALANCE SHEET Page: 1 1/22/2015 City of Manistee 3:22 pm As of: 12/31/2014 Balances Fund: 243 - BROWNFIELD REDEVELOPMENT AUTHO Assets 001.000 Cash 34,299.67 Total Assets 34,299.67 Reserves/Balances 390.000 Fund Balance 35,763.17 398.000 Change in Fund Balance -1,463.50 Total Reserves/Balances 34,299.67 Total Liabilities & Balances 34,299.67 BYLAWS OF THE CITY OF MANISTEE BROWNFIELD REDEVELOPMENT AUTHORITY ARTICLE 1: NAME AND ADDRESS Name: The name of the Authority is the City of Manistee Brownfield Redevelopment Authority hereinafter referred to as the Authority). Address: The address of the Authority is: 70 Maple Street, P. 0 Box 358, Manistee, Michigan 49660. ARTICLE 2: DIRECTORS 2. 1 General Powers. The business and affairs of the Authority shall be managed by its Board, except as otherwise provided by statute or by these Bylaws. 2. 2 Board of Directors. The Board of Directors ( hereinafter referred to as the Board) of the Authority shall consist of not less than five ( 5) persons and not more than nine ( 9) persons. BRA Board members are to be city residents or persons with an interest in property in the City of Manistee. 2. 3 Terms, Replacement and Vacancies. Of the initial members appointed, an equal number, or as near as practicable, shall be appointed for one year, two years and three years. Thereafter, each member shall serve for a term of three years. Subsequent Directors shall be appointed in the same manner as original appointments at the expiration of each Director' s term of office. A Director whose term of office has expired shall continue to hold office until his/ her successor has been appointed with the advice and consent of the City Council. A Director may be reappointed with the advice and consent of the City Council to serve additional terms. If a vacancy is created by death or resignation, a successor shall be appointed with the advice and consent of the City Council within thirty( 30) days to hold office for the remainder of the term of office so vacated. 2. 4 Board Absences. In order to maintain the maximum participation of all appointed Brownfield Redevelopment Authority members at all scheduled meetings, the following is the attendance guide and Board member replacement policy for" excused" or" unexcused" absences. 1. When appointed, each Board Member should state his/ her willingness and intention to attend each scheduled meeting of the Brownfield Redevelopment Authority. 2. In the event of unplanned personal matters, business trips, family vacation trips, changed job requirements, sickness, or other physical disabilities that prohibit the Board Member from attending the scheduled meeting; the Commission Chair or Staff Liaison to the Brownfield Redevelopment Authority should be notified as soon as possible prior to the time of the scheduled meeting of their inability to attend. The Board Member upon this notification will receive an " excused absence" for the involved scheduled meeting. 3. If any Board Member is absent from three ( 3) consecutive scheduled meetings without an excused absence" for any of the three ( 3) meetings, the Board Member shall be reported in writing to the City Manager. The City Manager will contact the Board Member in writing and question his/ her continued ability or interest in being on the Commission, giving the member a chance to rectify the attendance issue or submit a resignation. City of Manistee Brownfield Redevelopment Authority By Laws Page 1 4. There will be no limit on the number of consecutive " excused absences" for any Board Member. However, if the Board Member is repeatedly absent for at least 50% of the yearly scheduled meetings, that member will also be reported in writing to the City Manager. The City Manager will contact the Board Member in writing and question the member' s continued ability or interest to be on the Commission. The Board Member will be considered for an appointment nullification when the absences total six in the calendar year. 5. The appointment nullification action would be initiated by the City Manager and forwarded on to the City Council for official action. 2. 5 Removal. A Director may be removed form office for inefficiency, neglect of duty, or misconduct or malfeasance, by a majority vote of the City Council. 2. 6 Conflict of Interest. A Director who has a direct interest in any matter before the Authority shall disclose his/ her interest prior to any discussion of that matter by the Authority, which disclosure shall become a part of the record of the Authority' s official proceedings. The interested Director shall further refrain from participation in the Authority' s action to the matter. Each Director, upon taking office and annually thereafter, shall acknowledge in writing that they have read and agree to abide by this section. 2. 7 Meetings. Meetings of the Board may be called by or at the request of the Chairperson of the Board or any two Directors. The meetings of the Board shall be public, and the appropriate notice of such meetings shall be provided to the public. Regular meetings of the Brownfield Redevelopment Authority shall be held in each calendar quarter of each year. In no event shall there be less than four( 4) meetings per year. The Board shall hold an Annual Meeting in January of each year at which time officers of the Board shall be elected as provided in Article 3, Section 2. 2. 8 Notice. Notice of any meetings shall be given in accordance with the Open Meetings Act ( Act No. 267 of the Public Acts of 1976). 2. 9 Quorum. A majority of the members of the Directors then in office constitutes a quorum for the transaction of business at any meeting of the Board, provided, that a majority of the Board present may adjourn the meeting from time to time without any further notice. The vote of the majority of the Directors present at a meeting at which a quorum is present constitutes the action of the Board, unless the vote of a larger number is required by statute or by these Bylaws. Amendment of the Bylaws by the Board requires the vote of not less than a majority of the members of the Board then in office. 2. 10 Participation by Communication Equipment. A member of the Board or of a committee designated by the Board may participate in a meeting by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other. Participation in a meeting pursuant to this provision constitutes presence at the meeting. 2. 11 Committees. The Board may, by resolution passed by a majority of the whole board, designate one or more committees, each committee to consist of two or more of the Directors of the Authority. The Board may designate one or more Directors as alternate members of a committee, who may replace an absent or disqualified member at a meeting of the committee. In the absence or disqualification of a member of a committee, the members thereof present at a meeting and not City of Manistee Brownfield Redevelopment Authority By Laws Page 2 disqualified from voting, whether or not they constitute a quorum, may unanimously appoint another member of the Board to act at the meeting in place of such an absent or disqualified member. A committee, and each member thereof, shall serve at the pleasure of the Board. A committee so designated by the Board, to the extent provided in the resolution by the Board, may exercise all powers and authority of the Board in the management of the business and affairs of the Authority, except that such committee so may exercise all powers and authority to: (a) recommend to members a dissolution of the Authority, or revocation of dissolution, ( b) amend the Bylaws of the Authority, or( c) fill vacancies in the Board. ARTICLE 3: OFFICERS 3. 1 Officers. The officers of the Authority shall be elected by the Board and shall consist of a Chairperson, Vice Chairperson, and Secretary/ Treasurer. The Board may also appoint a Recording Secretary who need not be a member of the Board. Two or more offices may be held by the same person, but an officer shall not execute, acknowledge, or verify an instrument in more than one capacity if the instrument is required by law or Bylaws to be excluded, acknowledged, or verified by two or more officers. 3. 2 Nomination, Election and Term of Office. The officers of the Authority shall be elected by the Board at an Annual Meeting held in January of each year. Candidates shall be nominated by any Brownfield Redevelopment Authority Board member present at the meeting. 3. 3 Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise, may be filled at any meeting of the Board for the unexpired portion of the terms of such office. 3. 4 Chairperson and Vice Chairperson. The Chairperson shall be the chief executive officer of the Authority, but he or she may from time to time delegate all or any part of his/ her duties to the Vice Chairperson. He or she, or in his/ her absence, the Vice Chairperson, shall preside at all meetings of the Board, he or she shall have general and active management of the business of the Authority and shall perform all the duties of the office as provided by law or these Bylaws. He or she shall be ex- officio a member of all standing committees, and shall have the general powers and duties of supervision and management of the Authority. 3. 5 Secretary/ Treasurer and Recording Secretary. The Secretary/ Treasurer shall attend all meetings of the Board and record all votes and the minutes of all proceedings in a book to be kept for that purpose, and shall perform like duties for the standing committees when required. They shall further perform all duties of the office of Secretary/ Treasurer as provided by law or these Bylaws. They shall be sworn to the faithful discharge of these duties. For the purposes of recording minutes the Secretary/ Treasurer may appoint a Recording Secretary. 3. 6 Delegation of Duties of Offices. In the absence of any officer of the Authority, or for any other reason that the Board may deem sufficient, the Board may delegate, from time to time and for such time as it may deem appropriate, the powers or duties, or any of them, of such officer to any other officer, or to any Director, provided a majority of the Board then in office concurs therein. City of Manistee Brownfield Redevelopment Authority By Laws Page 3 3. 7 Executive Committee. The Chairperson, Vice Chairperson and Secretary/ Treasurer shall comprise the Executive Committee. The Executive Committee, may upon a majority vote, authorize the expenditure of up to $ 500. 00 for any expense listed as an eligible item for expenditure under the approved Authority funding guidelines. The Executive Committee must report any such expenditures to the Board at the next regularly scheduled Board meeting. ARTICLE 4: CONTRACTS, LOANS, CHECKS AND DEPOSITS 4. 1 Contracts. The Board may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Authority, and such authority may be general or confined to specific instances. 4. 2 Loans/ Grants.No grant or loan shall be contracted on behalf of the Authority and no evidence of indebtedness shall be issued in its name unless authorized by a resolution of the Board and approved by the City Council. Such authority may be general or confined to specific instances. 4. 3 Checks, Drafts, etc. All checks, drafts or other orders for the payment of money, notes or other evidence of indebtedness issued in the name of the Authority, shall be signed by such officer or officers, agent or agents of the Authority and in such manner as shall from time to time be determined by resolution of the Board. 4.4 Deposits. All funds of the Authority not otherwise employed shall be deposited from time to time to the credit of the Authority in such banks, trust companies or other depositaries as the Board may select. ARTICLE 5: FISCAL YEAR The fiscal year of the Authority shall correspond at all times to the fiscal year of the City of Manistee. ARTICLE 6: Miscellaneous 6. 1 Seal. The Board shall provide a corporate seal which shall be the official seal of the Authority. 6. 2 Waiver of Notice. When the Board or any committee thereof may take action after notice to any person or after lapse of a prescribed period of time, the action may be taken without notice and without lapse of the period of time, if at any time before or after the action is completed the person entitled to notice or to participation in the action to be taken submits a signed waiver of such requirements. City of Manistee Brownfield Redevelopment Authority By Laws Page 4 ARTICLE 7: REVIEW AND AMENDMENTS These Bylaws will be reviewed annually at the Annual Meeting. These Bylaws may be altered, amended or repealed by the affirmative vote of a majority of the Board then in office at any regular or special meeting called for that purpose. Any proposed changes are subject to review and approval of the City Council. I HEREBY CERTIFY that the above Bylaws were adopted the 4th day of June, 2013. Jon Rose, BRA Administrator Annotation: Article III Officers, Section 7 Executive Committee amended to be authorized to spend up to$ 5, 000.00. Approved by BRA 7/ 27/ 06] Annotation: As approved by the City Council at their June 2, 2009 Meeting— Council authorized the bylaw amendments for all Boards and Commissions to include the new Board Absences language; directed all boards or commissions to implement and follow these changes as Council has requested; and authorized the Mayor to sign the amended bylaws. Approved by BRA 7/ 7/ 09] Annotation: Article II Directors, Section 2, Board of Directors was amended to add" BRA Board members are to be city residents or persons with an interest in property in the City of Manistee." Article III Officers, Section 2. Nomination, Election and Term of Office was amended by adding" any Brownfield Redevelopment Authority Board member present at the meeting" DELETING" a omination committee composed of three members appointed by the Chairperson. The term of each office shall be for one ( 1) year. Each officer shall hold office until his/ her successor is appointed. No persons shall hold the same office for more than three successive terms." Approved by BRA 9/ 7/ 10] Annotation: Article II, Directors, Section 2, Board of Directors was amended to delete" unless an EDC, DDA, TIFA, or LDFA board was appointed." Section 7, Meetings, was amended to delete" second calendar quarter of each year" and add" third calendar quarter of each year." Article VII, Review and Amendments, was amended to change` Organizational Meeting" to" Annual Meeting." Article III, Officers, Section 2, Nomination, Election and Term of Office was amended to delete" during the second calendar quarter of each year" and add" during the third calendar quarter of each year." Approved by BRA 6/ 7/ 11] Annotation: Article 2, Directors, Section 2. 7 Meetings was amended by adding: " Regular meetings of the Brownfield Redevelopment Authority shall be held in each calendar quarter of each year. In no event shall there be less than four( 4) meetings per year. The Board shall hold an Annual Meeting in January" deleting" during the third calendar quarter" and Article 3 Officers, Se3ction 3. 2 Nomination, Election and Term of Office adding" held in January" deleting" during the third calendar quarter"] Approved by the City of Manistee Council g- io-br 3 Date Colleen Kenny, Mayor City of Manistee Brownfield Redevelopment Authority By Laws Page 5 City of Manistee Brownfield Redevelopment Authority List of Action – 2014 Date Agenda Item Action 1/28/14 Financial Reports MOTION by Don Kuk, seconded by Frank Beaver to approve payment of invoices. Motion passed Unanimously 1/28/14 Election of Officers Chair Clinton McKinven-Copus; Vice-Chair Steve Brower; Secretary Jeffrey Stege 1/28/14 Recording Secretary Jeffrey Stege appointed Denise Blakeslee to be the Recording Secretary for 2014 1/28/14 By Law Review No Changes 1/28/14 Oath of Office/Section 6 Beaver, Bradford, Carlson, Kuk, McBride, McKinven-Copus, and Stege took oath of office and agreed to abide by Section Conflict of Interest 6 Conflict of Interest of the By-Laws of the City of Manistee Brownfield Redevelopment Authority. 1/28/14 USEPA Grant Status A prospective redeveloper of the property is still interested in assistance with performing environmental due diligence North Channel Outlet work and asbestos and structural surveys through the Grants. To date, formal access to the property from the property owner is not available. We continue to work with the prospective developer on available Brownfield programs for that property. 1/28/14 USEPA Grant Status The property owner has provided access for environmental due diligence work (Phase I and II ESAs) through the Grants, 518 First Street prior to listing the property for sale. We are waiting for the owner to provide access to the interior of the building for Rengo the site walk component of the Phase I ESA. Additionally, a Phase II ESA would have to be delayed due to the cold and snowy conditions. 1/28/14 USEPA Grant Status The developer, the DDA, the BRA Administrator and the City Manager are in the process of determining the River Parc Place components of a Brownfield Plan, for future public hearing and action by the BRA and City Council. A special meeting of the BRA may be required in February or March. 1/28/14 USEPA Grant Status The property owner has expressed interest in performing Phase I and II ESAs and asbestos survey through the Grants. 308 River Street While there are no enough funds remaining in the Petroleum Grant for this work, an Eligibility Determination Request will be submitted to the US EPA for use of the Hazardous Grant funds for this property. 1/28/14 USEPA Grant Status We are assisting the Community Foundation, AES and the veterans group by providing topographic survey for the Veterans Memorial Park planning of the memorial’s expansion, as well as technical support related to infrastructure improvements through Brownfield TIF. 1/28/14 USEPA Grant Status The City is applying for State of Michigan grants for the development of, and improvements at various sections of Douglas Park Area Douglas Park. A Phase I ESA is needed to identify potential environmental impacts to the development efforts due to historic brine extraction and processing activities at the site. 1/28/14 USEPA Grant Status Additionally, the following currently inactive projects may require assistance through the EPA grants, prior to MAPS Vocational Grant expiration, to undertake Grant eligible activities - Brownfield Plan and Act 381 Work Plan. Training Facility 1/28/14 USEPA Grant Status Additionally, the following currently inactive projects may require assistance through the EPA grants, prior to Bookmart Grant expiration, to undertake Grant eligible activities - Asbestos/Lead Survey, Baseline Environmental Assessment (BEA), Brownfield Plan and Act 381 Work Plan. Page 1 of 8 City of Manistee Brownfield Redevelopment Authority List of Action – 2014 Date Agenda Item Action 1/28/14 USEPA Grant Status Additionally, the following currently inactive projects may require assistance through the EPA grants, prior to Manistee Iron Works Grant expiration, to undertake Grant eligible activities - Brownfield Plan and Act 381 Work Plan. 1/28/14 USEPA Grant Status Additionally, the following currently inactive projects may require assistance through the EPA grants, prior to Century Boat Works Grant expiration, to undertake Grant eligible activities - Phase I ESA, BEA, Brownfield Plan and Act 381 Work Plan. 1/28/14 USEPA Grant Status Additionally, the following currently inactive projects may require assistance through the EPA grants, prior to Hotel Northern Grant expiration, to undertake Grant eligible activities - BEA, Brownfield Plan and Act 381 Work Plan. 1/28/14 Letters to Property MOTION by Don Kuk, seconded by Frank Beaver to authorized administration to request an extension of the Hazardous Owners Grant if there is interest in projects to warrant the decision. Motion passed unanimously 1/28/14 Phase I ESA MOTION by Don Kuk, seconded by Marlene McBride that Eftaxiadis Consulting is authorized to prepare one additional Phase I ESA (for a total of five) at the same rate. Motion passed unanimously 1/28/14 BRA Financing Finance Director Ed Bradford gave a financial status update on the Grants and Brownfield Redevelopment Authority Funds to the Directors. 4/29/14 Financial Reports MOTION by Steve Brower, seconded by Don Kuk to approve payment of invoices. Motion passed unanimously 4/29/14 Balance Sheet & MOTION by Don Kuk, seconded by Jeff Stege to accept the Balance Sheet and Revenue/Expenditures as of April 30, Revenue/Expenditures as 2014 as presented. of 4/30/14 With a Voice Vote this motion passed unanimously. 4/29/14 2014 Projected Budget Mr. Bradford prepared a 2014 Projected Budget for the Brownfield Redevelopment Authority. He went through each line item with the Directors and answered questions. MOTION by Don Kuk, seconded by Steve Brower to accept the 2014 Projected Budget as presented. With a Voice Vote this motion passed unanimously. 4/29/14 2015 Projected Budget Mr. Bradford prepared a 2015 Budget for the Brownfield Redevelopment Authority. He went through each line item with the Directors and answered questions. Mr. Bradford noted that the budget can be amended as needed. MOTION by Don Kuk, seconded by Marlene McBride to accept the proposed 2015 Budget as presented. With a Voice Vote this motion passed unanimously. 4/29/14 MDEQ Grants/Loans A $289,823 Grant was awarded in April 2011 to assist with the environmental cleanup and partial demolition of the 334 River 334 River Street Street property. The work was substantially completed in June 2012, and the Grant was closed in October 2013. 4/29/14 MDEQ Grants/Loans A $91,240 Loan and a $478,510 Grant was awarded in June 2008 to assist with demolition, environmental remediation American Materials and due care activities at the American Materials (Rieth Riley) property. The work under the Loan and Grant was (Rieth Riley) property substantially completed December 2010. The Loan was closed in October 2013, while the Grant is expected to be closed in late April or early May 2014. The initial annual payment of $9,140.06 to the MDEQ for the Loan was made in June 2013. Payments will continue for Page 2 of 8 City of Manistee Brownfield Redevelopment Authority List of Action – 2014 Date Agenda Item Action 10 years, to 2023, at the interest rate of 2%; total payments to the Loan will be $100,541. In accordance with the terms of the Brownfield Plan for the property dated December 2007 and the Brownfield Development & Reimbursement Agreement between the CMBRA and American Materials dated January 2008, American Materials started in June 2013, and will continue to provide to the CMBRA the amount of the annual Loan payments due to the MDEQ until the adequate tax incremental financing (TIF) revenues from the property become available to the CMBRA to repay the Loan. The CMBRA will reimburse American Materials for the Loan payments using TIF when available (see Section 3 – Brownfield Plans, of this memorandum). 4/29/14 USEPA Grants/PET CMBRA staff is in the process of preparing “close-out” reports and documents as required by USEPA. All “close-out” documents are due on June 31, 2014. 4/29/14 USEPA Grants/HAZ A Phase I Environmental Site Assessment (ESA), an Asbestos & Lead Based Paint Survey, and a Building Structural Safety North Channel Outlet Assessment were substantially completed through the Grant prior to its expiration. However, due to the severe weather conditions through March 2014, access to the property was not feasible to complete the Phase II ESA. At staff’s request, USEPA provided a two-month extension beyond the March 31, 2014 end date of the Grant period, to allow the CMBRA to occur expenditures associated with the Phase II ESA and the Baseline Environmental Assessment (BEA) for this property. CMBRA staff will prepare and submit “close-out” reports and documents as required by USEPA” by June 31, 2014 4/29/14 USEPA Grants/HAZ The property owner did not respond to the request to access the site to complete the Phase I ESA prior to the 518 River Street expiration of the Grant period. (former Rengo property) 4/29/14 USEPA Grants/HAZ The Eligibility Determination request to perform a Phase I ESA at this property was denied by the USEPA due to the status of Douglas Park Area the City (owner) as a potentially liable party. 4/29/14 USEPA Grants/HAZ The Phase I ESA for this site was substantially completed prior to the expiration of the Grant period. While Recognized 308 River Street Environmental Conditions (REC) were identified at the site, the Grant budget balance and its expiration date did not (Hokanson) allow the performance of a Phase II ESA. 4/29/14 Brownfield Plans Redevelopment efforts at several sites did not progress fast enough to trigger need for Brownfield Plans as previously MAPS Vocational anticipated. Training Facility 4/29/14 Brownfield Plans Redevelopment efforts at several sites did not progress fast enough to trigger need for Brownfield Plans as previously Bookmart anticipated. 4/29/14 Brownfield Plans Redevelopment efforts at several sites did not progress fast enough to trigger need for Brownfield Plans as previously Manistee Iron Works anticipated. 4/29/14 Brownfield Plans Redevelopment efforts at several sites did not progress fast enough to trigger need for Brownfield Plans as previously Page 3 of 8 City of Manistee Brownfield Redevelopment Authority List of Action – 2014 Date Agenda Item Action Century Boat Works anticipated. 4/29/14 Brownfield Plans Redevelopment efforts at several sites did not progress fast enough to trigger need for Brownfield Plans as previously Hotel Northern anticipated. 4/29/14 Brownfield Plans A Brownfield Plan was approved for this property in October 2010 by the CMBRA and City Council. The MDEQ approved 334 River Street $144,900 in TIF capture for the reimbursement of eligible environmental activities based on an Act 381 Work Plan submitted for the project; no non-environmental expenses were approved by the MEDC at that time. Following approval of the TIF capture, the MDEQ awarded a grant to the CMBRA (see Item 1.a. above) to cover the vast majority of the eligible environmental and non-environmental project costs. We estimate that the property owner/developer may have incurred and paid up to $35,100 in TIF reimbursable environmental expenses beyond the amount that was paid with the MDEQ grant. The “baseline” taxable value of the property at the time the Brownfield Plan was approved was $82,651. The Brownfield Plan estimated a 10-year TIF capture period to reimburse the owner/developer’s and the CMBRA’s expenses. However, the taxable value of the property since the approval of the Brownfield Plan has been decreasing. Therefore, no Brownfield TIF has been available for capture by the CMBRA to date. At the time when TIF becomes available, and upon receipt of proper documentation, the owner/developer’s eligible costs and the CMBRA’s administrative costs may be paid. 4/29/14 Brownfield Plans A Brownfield Plan was approved for this property in December 2007 by the CMBRA and City Council. Based on an Act American Materials 381 Work Plan submitted for the project at that time, the MDEQ and the MEDC approved TIF capture of $381,190 for (Rieth Riley) property the reimbursement of eligible environmental activities, and $522,925 for the reimbursement of non-environmental expenses, respectively. However, following approval of the Brownfield Plan and the Act 381 Work Plan, the MDEQ awarded a Grant and a Loan to the CMBRA (see Item 1.b. above) to cover the cost of the TIF eligible environmental and non-environmental project activities. As noted above, the developer of the property, American Materials, is obligated to pay the amount of the annual Loan payments due to the MDEQ ($9,140) until adequate TIF revenues from the property become available for capture by the CMBRA. The repayment of the amount of the Loan utilized for the project ($91,242)) is expected to be completed within approximately 15 years from the award date of the Loan (2023). The CMBRA will reimburse American Materials for the Loan payments made by American Materials, using future TIF revenues when they are available. However, note that the property is located within a Renaissance Zone, and property taxes are abated for 15 years, from 2007 to 2022; partial TIF capture will be available during the last three years of the Renaissance Zone period. Therefore, the reimbursement of the Loan payments made by American Materials on behalf of the CMBRA is expected to be initiated when incremental taxes are available for capture and be completed within approximately six and a half (6 ½) Page 4 of 8 City of Manistee Brownfield Redevelopment Authority List of Action – 2014 Date Agenda Item Action years following expiration of the 15 year Renaissance Zone period. Per the approved Brownfield Plan, the TIF capture and reimbursement period will be limited to seven (7) years following the expiration of the 15 year Renaissance Zone period. Representatives of the CMBRA and American Materials plan to meet in the next few months to discuss the future annual Loan payments and the projected available TIF capture, in light of reductions in the original amount of the Loan and legislative changes impacting the amount of future property taxes. 7/29/14 Financial Reports MOTION by Don Kuk, seconded by Jeff Stege to approve previously paid invoices. Balance Sheet With a Voice Vote this motion passed unanimously. Revenue/Expenditure Ed Bradford reviewed the Balance Sheet and Revenue/Expenditure Report with the Directors Report 7/29/14 Approval of Contract Due to a Conflict of Interest, T. Eftaxiadis is unable to act as the City of Manistee Brownfield Authority consultant for Kathy Adair Morin the South Washington Area Brownfield Plan. The City of Manistee Brownfield Redevelopment Authority has drafted a Professional Services Agreement with Kathy Adair Morin to act as the City’s and the Authority’s Consultant for the processing of the South Washington Area Brownfield Plan and documents and grant/loan applications related to the project. Ms. Morin was introduced to the Directors, her credentials were discussed, and the Professional Services Agreement that has been drafted for their consideration. The Professional Services Agreement was reviewed and approved by the City Attorney. MOTION by Don Kuk, seconded by Jeff Stege that the City of Manistee Brownfield Redevelopment Authority approve the Professional Services Agreement with consultant Kathy Adair Morin and authorize Chair Clinton McKinven-Copus to execute the document. With a Voice Vote this motion passed unanimously. 7/29/14 South Washington Area The South Washington Area includes six parcels as follows: Brownfield Plan 1. River Parc Place Parcel Code #51-211-100-05 2. North Channel Outlet Parcel Code #51-211-100-02 3. Former Groves Parcel (L) Parcel Code #51-211-100-03 4. Former Groves Parcel (S) Parcel Code #51-211-100-01 5. City of Manistee Parcel Code #51-211-105-01 6. Veterans Memorial Park Parcel Code #51-101-350-01 Brownfield Administrator Ed Bradford gave background information about the properties to the Directors. T. Eftaxiadis, Consultant for the Applicant and Kathy Morin, Consultant for the City and the Authority reviewed the plan with the Directors (Brownfield Redevelopment Scope and Financing Summary – attached). Discussion included:  Grant Funds  Tax Abatements Page 5 of 8 City of Manistee Brownfield Redevelopment Authority List of Action – 2014 Date Agenda Item Action  River Parc Place o Increase number of units (from 10 to 14 or 18) o Discussed parking for tenants o Property qualifies as a “Facility” o Building is functionally obsolete and a blighted structure  North Channel Outlet (includes three parcels) o Commercial Uses on the first floor o Second Floor Apartments for Rent – If grant received from MSHDA some rental control units (80% median Income) will be available o Third Floor Apartments for rent or for sale (market rate) o Parking and site improvements will be made to property o Restoration of Historic Building (potential façade re-design in addition to exterior façade improvements) o 3D imaging of exterior of building has been completed by Main Street/DDA, interior may be done o Property qualifies as a “Facility” due to contamination present in four parcels o Building is a blighted and Historic Structure o Early projection indicates creation of 15 jobs  Both Former Groves properties were acquired and are part of the North Channel property, for parking and access from Fifth Avenue. o Short Street will require a retaining wall on the North Channel property o Looping of Public Water Main will be installed in the River Parc parcel  City Property to West o Property is not a “Facility” o Included in the BRA Plan as a contiguous parcel o Infrastructure improvements proposed for property include  Pump Station Upgrade  Replacement of Sewer Line  Installation of Sheet Pile  Improvements would allow for the expansion of the Riverwalk  Veterans Memorial Park o Phase I Environmental Site Assessment has been completed on parcel – unknown if parcel is a “Facility” o Included in the plan as a contiguous and contributing parcel o Improvements to Memorial Drive  Other issues Discussed Page 6 of 8 City of Manistee Brownfield Redevelopment Authority List of Action – 2014 Date Agenda Item Action o Tenant Parking impact on Farmers Market o Traffic Impacts o Increase in tax base o Blight Removal o Restoration of Historical Building  Discussion of BRA Plan with City Council at its August Worksession; DDA, Planning Commission and Historic District Commission and other interested parties will be invited to attend Two minor corrections will be made to the BRA Plan. An updated copy will be sent to the Directors for their review prior to their action on the Plan. 7/29/14 Special Meeting Staff has requested that a Special Meeting of the Brownfield Redevelopment Authority be scheduled to take action on the Brownfield Plan for the South Washington Area. MOTION by Don Kuk, seconded by Jeff Stege that a Special Meeting of the City of Manistee Brownfield Redevelopment Authority be scheduled for Tuesday, August 5, 2014 at 2pm in the Council Chambers. With a Voice Vote this motion passed unanimously. 7/29/14 US EPA Grant Status Mr. Bradford told the Directors that the final closeout paperwork for both grants have been sent to the EPA. 8/5/14 South Washington Area South Washington Area Brownfield Plan Brownfield Plan The Brownfield Redevelopment Authority continued their discussion on the proposed Brownfield Plan for the South Washington Area. Members received copy of the document that included the two minor corrections noted at the last meeting. Director Kuk asked staff to address Mr. Graham’s question about the impact the project would have on the parking at Veteran’s Memorial Park. Kathy Adair Morin, Consultant – said the project would not negatively impact the area that it would positively impact the area. Thirty additional residential units would create more activity and the plan includes public infrastructure improvements. T. Eftaxiadis, Development Team – spoke about the tax increment financing (TIF)that will be generated by the redevelopment of River Parc and the North Channel Outlet properties. The City-owned parcel to the west could be redeveloped in the future, thus generating TIF. The inclusion of the Veterans Memorial Park in the Plan could result infrastructure improvements around it including paving of Memorial Drive, new Streetscape on Washington Street from the bridge to Fifth Avenue, repaving of the parking lot, and improvements to the current riverwalk by the Park, thus laying the groundwork for future expansion of the riverwalk to the west. Additionally, TIF generated from the redevelopment of the two properties can be used by the City and/or DDA for public infrastructure improvements that are needed to support the increased density that will result Page 7 of 8 City of Manistee Brownfield Redevelopment Authority List of Action – 2014 Date Agenda Item Action from the redevelopment, such as replacement of the sewer that runs along the north river channel; enlargement of the existing pump station; installation of a retaining wall on Short Street. Mr. Eftaxiadis explained that the four private parcels are “facilities” (meaning they are contaminated); the City owned parcels are included in the Plan because they are contiguous to “facilities”. The parking lot on Memorial Drive is a public parking lot, therefore parking spaces cannot be reserved for private use. Even though there is no zoning requirement for creation of parking spaces in developments in the Downtown, the proposed development has adequate land for approximately 60 parking spaces to service the 30+ residential units. Customers for the proposed businesses would use the City parking Lot on Memorial Drive. Director Kuk asked Staff to go over the Estimate of Captured Taxable Value & Tax Increment Financing. Staff reviewed the tables and Attachment A – Eligible Activities and Eligible Costs with the Directors. It was noted that State tax increments captured for Brownfield “eligible” costs are reimbursed to the schools by the State. MOTION by Don Kuk, seconded by Jeff Stege that the City of Manistee Brownfield Redevelopment Authority recommend to the City of Manistee Main Street – Downtown Development Authority and the City Council approval of the Brownfield Plan dated July 2014 developed by the Authority for the South Washington Area Redevelopment Project, based on the determination and finding that: 1. The Plan constitutes a public purpose under the Act. 2. The Plan meets all of the requirements for a Brownfield Plan set forth in Section 13 of the Act. 3. The proposed method of financing the costs of the eligible activities by the Authority, as described in the Plan, using school and local tax increment is feasible and the Authority has the ability to arrange the financing. 4. The costs of eligible activities proposed in the Plan are reasonable and necessary. 5. The amount of captured taxable value estimated to result from adoption of the Plan is reasonable. With a voice vote Motion passed unanimously. 10/28/14 Financial Reports No Quorum – Contacted Chair McKinven-Copus – Items will be on January 2015 Meeting Agenda Balance Sheet Revenue Expenditure Report Chair McKinven-Copus scheduled the meeting for January 27, 2015 10/28/14 Schedule Meeting Dates 10/28/14 US EPA Grant Status Page 8 of 8

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