View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
CITY COMMISSION MEETING
June 11, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
☐ CALL TO ORDER:
☐ PRAYER:
☐ PLEDGE OF ALLEGIANCE:
☐ ROLL CALL:
☐ HONORS, AWARDS, AND PRESENTATIONS:
A. ILA-Inclusive Leadership Academy Recognition Employee Relations
☐ PUBLIC COMMENT ON AGENDA ITEMS:
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Sale of 1095 Third Street - ITEM REMOVED PER STAFF REQUEST Economic
Development
C. Rezoning of properties on Beach St, Indiana Ave, Ohio Ave, Simpson
Ave, and Nelson St from R-1 to R-2. (SECOND READING) Planning
D. Sale of 892 Orchard Planning
E. Road construction contract award to Anlaan for New and Second
Streets DPW- Engineering
F. Annual Action Plan Budget 2024 Community & Neighborhood Services
G. Contract for Mediation & Restorative Services Planning
H. Contract for expungement clinics with G.U.N.S. Planning
I. Contract for planning/architectural services with SEH Planning
Page 1 of 3
Page 1 of 163
J. Termination of Existing Purchase Agreement & Revised agreement for the
sale of lots to EB2 Development Limited Liability Company (Green Rabbit
Home Builders) Planning
K. Sales Agreement for Nelson House Planning
L. Gaming License Request from HUG MKG (Help Us Give Muskegon) City
Clerk
M. Complete Streets Policy Manager's Office
☐ PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate - Forming
Technologies, LLC - 2675 Olthoff Drive Economic Development
B. Transmittal of the 2024-25 Proposed Budget Finance
☐ UNFINISHED BUSINESS:
☐ NEW BUSINESS:
☐ ANY OTHER BUSINESS:
☐ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
☐ CLOSED SESSION:
☐ ADJOURNMENT:
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF
MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
To give comment on a live-streamed meeting the city will provide a call-in telephone
number to the public to be able to call and give comment. For a public meeting that is
not live-streamed, and which a citizen would like to watch and give comment, they
must contact the City Clerk’s Office with at least a two-business day notice. The
participant will then receive a zoom link which will allow them to watch live and give
comment. Contact information is below. For more details, please visit:
www.shorelinecity.com
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such
as signers for the hearing impaired and audio tapes of printed materials being
considered at the meeting, to individuals with disabilities who want to attend the
meeting with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with
Page 2 of 3
Page 2 of 163
disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or by calling the following:
Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705.
clerk@shorelinecity.com
Page 3 of 3
Page 3 of 163
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 11, 2024 Title: ILA-Inclusive Leadership Academy
Recognition
Submitted by: Dwana Thompson, Employee Department: Employee Relations
Relations Director
Brief Summary:
Introduction of the participants from the 2024 ILA Inclusive Leadership Academy Class
Detailed Summary & Background:
The Inclusive Leadership Academy aims to empower more individuals to comfortably serve their
community on boards or committees, creating opportunities for greater participation from people of
color in public life. We are here because people of color have expressed a desire to serve our
community. Our goal is for them to connect, build their networks in West Michigan, hear from
community leaders, and find mentors to guide them. We want them to feel confident speaking in
front of groups and having their opinions heard and respected. Additionally, we aim to educate
them about the challenges of serving. Finding one's place in the community and developing a
voice to advocate for the most vulnerable can be challenging. Our ultimate hope is that each
participant will discover service opportunities that align with their life's work and the impact they
aspire to make in their community.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head Yes
Information
Technology
Page 4 of 163
Other Division Heads X
Communication
Legal Review
Page 5 of 163
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 11, 2024 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To approve minutes of the May 28, 2024, City Commission Meeting.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion:
To approve the minutes.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 6 of 163
CITY OF MUSKEGON
CITY COMMISSION MEETING
May 28, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
CALL TO ORDER
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, May 28, 2024.
Pastor Jeremy Lenertz from the First Wesleyan Church, opened the meeting with
prayer, after which the Commission and public recited the Pledge of Allegiance
to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Rebecca St.Clair (left at 7:20 p.m.),
Commissioners Rachel Gorman, Jay Kilgo, Willie German, Jr., and Katrina Kochin
(arrived at 5:40 p.m.), City Manager Jonathan Seyferth, City Attorney John
Schrier, and City Clerk Ann Marie Meisch
Absent: Commissioner Destinee Keener
2024-48 HONORS, AWARDS, AND PRESENTATIONS
A. Resolution for Dave Alexander Community Engagement
Dave Alexander is retiring after five years of service to the City of Muskegon
Government, and decades of service to our community. Mayor Johnson read
the resolution and presented it to Dave and thanked him for his service. Dave
introduced his wife, Peggy, and thanked the City and staff.
B. FY 2024-25 Budget Presentation Manager's Office
The Finance Department and City Manager's Office will give a budget
presentation on the FY 2024-25 budget. City Manager, Jonathan Seyferth, gave
the presentation and answered questions.
C. DWSRF Project Plan Amendment Public Works
Page 1 of 11
Page 7 of 163
The City’s DWSRF Project Plan on file with the state for future revolving fund
projects has been updated, and the City needs to receive comment and
adopt the plan by resolution. Dan VanderHeide, Director of Public Works,
introduced Barbara Marzak and Matt Holst from Prein & Newhof who gave a
presentation and asked for public comment. No public comments were made.
PUBLIC COMMENT ON AGENDA ITEMS
Public comments received.
2024-49 CONSENT AGENDA
A. Approval of Minutes City Clerk
To approve minutes of the May 13, 2024, Commission Worksession Meeting and
the May 14, 2024, Regular Commission Meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. DWSRF Project Plan Amendment Public Works
The City’s DWSRF Project Plan on file with the state for future revolving fund
projects has been updated, and the City needs to receive comment and
adopt the plan by resolution. The City has taken advantage of favorable rates
and even some principal forgiveness as a part of the state’s Revolving Loan
Fund programs to complete substantial utility improvement projects, such as the
Wilcox/Thompson and Morton projects currently underway. In order to be
eligible for these programs, projects must be included in the City’s “Project Plan”
that is on file with the state department of EGLE. The specific projects proposed
for the program are not known at this time; this Project Plan is simply a list of
projects the City may propose for the program in the future. The list is used by
the state to perform preliminary environmental and other clearance work so
they are prepared for the projects if and when the City proposes them.
Prein & Newhof has updated our Drinking Water State Revolving Fund (DWSRF)
Project Plan (the plan dedicated to drinking water projects) to show potential
projects over the next several years. Part of the updating process includes
holding a meeting where the public can comment on the plan (satisfied by
today’s meeting and the public comment periods within it), and a resolution by
the Commission adopting the plan.
STAFF RECOMMENDATION: Move to adopt the City’s 2025 DWSRF Project Plan by
the resolution.
C. Sale of 509 Adams. Planning
Staff is seeking authorization to sell the City-owned vacant lot at 509 Adams to
Page 2 of 11
Page 8 of 163
A&PL Homes. A&PL Homes LLC would like to purchase the City-owned
buildable lot at 509 Adams for $3,000 (75% of the True Cash Value of $4,000) plus
half of the closing costs and the fee to register the deed. The lot will be split into
two parcels and they will be constructing a single-family home on each lot.
STAFF RECOMMENDATION: To authorize the Code Coordinator to complete the
sale of 509 Adams, as described in the purchase agreement, and to have the
Mayor and Clerk sign both the purchase agreement and the deed.
E. Sale of 186 Myrtle Planning
Staff is seeking authorization to sell the City-owned vacant lot at 186 Myrtle to
Across the Board, LLC. Across the Board LLC would like to purchase the City-
owned buildable lot at 186 Myrtle for $3,750 (75% of the True Cash Value of
$5,000) plus half of the closing costs and the fee to register the deed. The parcel
will be split into five lots after the sale. They will be constructing a single-family
home on each of the properties.
STAFF RECOMMENDATION: To authorize the Code Coordinator to complete the
sale of 186 Myrtle, as described in the purchase agreement, and to have the
Mayor and Clerk sign both the purchase agreement and the deed.
G. Annual Action Plan Budget 2024 Community & Neighborhood Services
Removed prior to meeting.
H. EGLE Water Affordability & Planning Grant Agreement Public Works
Staff seeks approval to enter into an agreement with the State of Michigan's
Department of Environment, Great Lakes and Energy (EGLE) for a Water
Affordability & Planning Grant in the amount of $122,500 with a value of $23,320
as in-kind City matching efforts. Water affordability has become a growing
topic of concern throughout the State of Michigan and the Unites States.
Muskegon's water system is facing a growing need for rehabilitation and
replacement of its aging infrastructure. This has led to and will continue to lead
to increasing rates to support improvements. Increasing costs are contributing to
delinquencies in water system bills and the financial burden on low-income
residents.
The City of Muskegon, with the assistance of Prein & Newhof, applied for and
was selected to receive an Affordability and Planning Grant to assist with the
development of an affordability program for its Drinking Water System. The grant
includes an award of $122,500, with an in-kind match of $23,320 based on staff
time and legal counsel review costs from existing budgeted funds. Using the
grant funds, the City intends review the types of programs that have been
successful in other communities and identify what may work for the City of
Muskegon. The City intends to develop a program that is sustainable and can
Page 3 of 11
Page 9 of 163
be supported by the City Commission and the public.
STAFF RECOMMENDATION: To authorize staff to enter into an agreement with the
State of Michigan's Department of Environment, Great Lakes and Energy (EGLE)
for a Water Affordability & Planning Grant in the amount of $122,500 with a
value of $23,320 as in-kind City matching efforts.
I. Water Affordability Study Consultant Public Works
Staff seeks approval to enter into a contract with Prein & Newhof for $122,500 to
assist the City with preparation of a Water Affordability Study using EGLE Water
Affordability & Planning Grant funds. Prein & Newhof helped the City prepare
an EGLE Water Affordability & Planning Grant, and has successfully completed
a Water Affordability Study using the same grant for the City of Kalamazoo. As
such, staff solicited the proposal from Prein & Newhof to prepare a Water
Affordability Study for Muskegon using the recently awarded grant. Their
proposal matches the grant amount, with city staff time being tracked and
reported to EGLE as in-kind match. Based on their experience with this type of
work, and their familiarity with the City's grant and the specifics of this grant
process, staff recommends approval.
STAFF RECOMMENDATION: To approve staff to enter into a contract with Prein &
Newhof for $122,500 to assist the City with preparation of a Water Affordability
Study using EGLE Water Affordability & Planning Grant funds.
K. Amendment to Fee Structure for Social District Strickers Community
Engagement
On May 14, 2024, the DDA approved allocating $50,000 annually to fund the
cleanup of downtown Muskegon. With the DDA covering the costs of
downtown cleanup, Social District Businesses and staff request to change the
fee of Social District stickers from $0.75 each to sell them at cost.
Since 2021, the revenue from Social District cups and sticker sales from
downtown businesses has covered the cost of seasonal workers to clean up
downtown. On May 14, 2024, the DDA approved allocating $50,000 annually to
fund the cleanup of downtown Muskegon. This allocation will cover the
expected amount of staff time for the coming years. With the DDA covering the
costs of downtown cleanup, social district businesses and staff request to
change the fee of Social District stickers from $0.75 each to sell them at cost.
This change is timely as many businesses will need to purchase more stickers for
upcoming events such as the Pub Pedal on June 1, 2024.
STAFF RECOMMENDATION: To approve the update of the social district fee
schedule.
Motion by Commissioner Kilgo, second by Commissioner German, to approve
the Consent Agenda as presented minus items D, F, J, L, M and N.
Page 4 of 11
Page 10 of 163
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, and Kilgo
Nays: None
MOTION PASSES
2024-50 ITEMS REMOVED FROM THE CONSENT AGENDA
D. City-Owned Billboard Lease Renewal Planning
Renewal of 15-year leases with The Lamar Companies for two billboards owned
by the City of Muskegon located along Business Route 31. The existing leases for
the City-owned billboards located on Business Route 31 at Getty Street and
along Business Route 31 near the end of Beidler Street have recently expired.
Renewed 15-year leases with The Lamar Companies for these two locations
have been updated to reflect revised payment schedules that incorporate
pricing for potential future upgrades to digital displays. The proposed payment
schedules are as follows:
Getty Static Base Payment Schedule:
Years 1-5 = $4200.00 per year
Years 6-10 = $6800.00 per year
Years 11-15 = $7800.00 per year
Getty Digital Payment Schedule:
Years 1-5 = $7000.00 per year
Years 6-10 = $8500.00 per year
Years 11-15 = $10000.00 per year
Beidler Static Base Payment Schedule:
Years 1-5 = $4000.00 per year
Years 6-10 = $6500.00 per year
Years 11-15 = $7500.00 per year
Beidler Digital Payment Schedule:
Years 1-5 = $7000.00 per year
Years 6-10 = $8500.00 per year
Years 11-15 = $10000.00 per year
STAFF RECOMMENDATION: To approve renewal of the updated 15-year lease
agreements with The Lamar Companies for two City-owned billboard locations.
Motion by Commissioner Kochin, second by Commissioner German, to approve
the renewal of the updated 15-year lease agreements with The Lamar
Companies for two City-owned billboard locations.
Page 5 of 11
Page 11 of 163
ROLL VOTE: Ayes: Kilgo, German, Gorman, Kochin, St.Clair, and Johnson
Nays: None
MOTION PASSES
F. Sale of 553,558,579,601,608,621 Jackson, 505 Alva and 532 Leonard.
Planning
Staff is seeking authorization to sell the City-owned vacant lots at 553, 558, 579,
601, 608, 621 Jackson, 505 Alva and 532 Leonard to Green Rabbit Home
Builders. Green Rabbit Home Builders would like to purchase the City-owned
buildable lots at 553,558,579,601,608,621 Jackson, 532 Leonard and 505 Alva for
$25,125 (75% of the True Cash Value of $37,500) plus half of the closing costs
and the fee to register the deed. They will be constructing single-family homes
on the property.
STAFF RECOMMENDATION: To authorize the Code Coordinator to complete the
sale of 553, 558, 579, 601, 608, & 621 Jackson, 532 Leonard and 505 Alva, as
described in the purchase agreement, and to have the Mayor and Clerk sign
both the purchase agreement and the deed.
Motion by Commissioner kilgo, second by Vice Mayor St.Clair, to authorize the
Code Coordinator to complete the sale of 553, 558, 579, 601, 608, & 621
Jackson, 532 Leonard and 505 Alva, as described in the purchase agreement,
and to have the Mayor and Clerk sign both the purchase agreement and the
deed.
ROLL VOTE: Ayes: Johnson, Kilgo, German, and Gorman
Nays: Kochin
MOTION PASSES
J. Downtown Social District Expansion Community Engagement
Pigeon Hill Brewing Company, LLC (895 4th St), Shoreline Inn, LLC (750 Terrace
Point Rd), and Waterworks GR, LLC d/b/a Lake House Waterfront Grille have
formally requested to expand the social district to include their three
establishments.
Summer 2020 | The City of Muskegon administration began designing a
downtown Muskegon Social District in direct response to the COVID-19
Pandemic. The design included policies, parameters, and management of this
new community development tool. The Muskegon Social District Plan was
shared with potential license-holder users for refinement of the plan. The final
plan was presented and approved by the Muskegon City Commission on
August 25, 2020, and the Michigan Liquor Control Commission on September 15,
2020.
Page 6 of 11
Page 12 of 163
September 2020 | The original Downtown Social District began operations the
third weekend in September 2020. The Muskegon Social District included a
common area south of Shoreline Drive with the potential of expanding to the
north in the future. The initial Muskegon Social District was mainly along West
Western Avenue from Eighth Street to Pine Street, including portions of Clay
Avenue, Morris Avenue, Third Street and Jefferson Street.
April 2021 | The plan was amended to remove the property at 490 W. Western
Avenue, owned by Port City CIO Building Association, which requested removal
because special non-profit licenses could not be issued inside of a social district
in the initial law.
May 2021 | City Commission and Michigan Liquor Control Commission
approved the second Social District in the City which serves the establishments
in the Lakeside Business District. The Lakeside Social District Plan was shared with
Lakeside businesses and residents. The Muskegon Lakeside Social District has
common area along Lakeshore Drive from Addison Street to Moon Street. The
Muskegon Lakeside Social District includes properties on the southside of
Lakeshore Drive from Addison to Moon and on the northside of Lakeshore Drive
from Moon up to but not including the Lakeside Emporium. In the future, the
district may be extended west of Moon Street along Lakeshore Drive to
accommodate future growth and development.
April 2022 | The plan was amended on April 26, 2022, to add Hackley Park,
areas along Clay Avenue from Second to Fourth Streets, and the property at
490 W. Western Ave., owned by Port City CIO Building Association.
STAFF RECOMMENDATION: To approve the amended Downtown Muskegon
Social District plan and map.
Motion by Commissioner Kilgo, second by Commissioner Kochin, to approve
the amended Downtown Muskegon Social District plan and map.
ROLL VOTE: Ayes: None
Nays: Johnson, Kilgo, German, Gorman, and Kochin
MOTION FAILS
L. Toro Mower Purchase DPW- Parks
The Parks Department requests authorization to purchase a Toro 4000D from
Spartan Distributors for $73,582.01. Staff is seeking authorization for a capital
purchase of $73,582.01 for the purchase of a Toro 4000D. This would be a much
needed upgrade to the parks department as we maintain over 800 acres of
public land and it does the work of multiple mowers. This mower has an 11"
Page 7 of 11
Page 13 of 163
cutting width and mows at 7.9 acres per hour. Our standard mower, the Toro
3280-D, has a 6" cutting width and mows at 3.6 acres per hour. The parks
department mows 5 days per week during season, and this upgrade will reduce
labor costs by one seasonal worker. This also allows us to maintain more parcels
in a day, leading to a higher level of maintenance throughout our park system.
This mower also has a much lower annual maintenance cost due to the high
quality of the build, which has been borne out by staff's experience with our
current model. The Parks department ordered this equipment from Toro in 2021.
It recently arrived and this request is for authorization of the payment. The
mower is eligible for purchase under the Sourcewell contract, a nationwide-
purchasing collaborative that satisfies the City's purchasing policy.
STAFF RECOMMENDATION: Authorize the parks department to purchase a Toro
4000D from Spartan Distributors for $73,582.01.
Motion by Commissioner Kochin, second by Commissioner German, to
authorize the parks department to purchase a Toro 4000D from Spartan
Distributors for $73,582.01.
ROLL VOTE: Ayes: Kochin, Johnson, Kilgo, German, and Gorman
Nays: None
MOTION PASSES
M. Playground Purchase for Joe Clifford Park (ARPA Funding) DPW- Parks
In April 2024 an RFP was released for a new playground at Joe Clifford with a
target cost of $150,000, several bids were received. On May 20th we held an
open house at the park for the community to solicit feedback on the options.
They selected Gametime/Sinclair, option 1, out of the top candidates.
The Joe Clifford park playground was removed in the fall of 2023 for safety
reasons. Prior to investing in a new playground, staff worked with the underlying
property owner (the Church of God in Christ or COGIC) to execute an
easement, securing the City's property rights for the park indefinitely. That
easement was approved by the Commission on April 23, 2024.
Now that the property rights for the park are secure, $165,000 for capital
improvements at the park is included in the Parks Capital Plan for a new
playground and additional improvements. An RFP was released in April with a
target cost of $150,000 and several bids were received for this park. Multiple
playgrounds scored in the top tier, so on May 20th we held an open house at
the park for the community to solicit neighborhood responses. They selected
Gametime/Sinclair, option 1, out of the top candidates.
Gametime: $150,000
Miracle: $150,000
Page 8 of 11
Page 14 of 163
Park Vision: $146,512.50
STAFF RECOMMENDATION: To authorize staff to contract with Sinclair Recreation
for a new playground and installation at Joe Clifford Park.
Motion by Commissioner German, second by Commissioner Kilgo, to authorize
staff to contract with Sinclair Recreation for a new playground and installation at
Joe Clifford Park.
ROLL VOTE: Ayes: Gorman, Kochin, Johnson, Kilgo, and German
Nays: None
MOTION PASSES
N. Rezoning of properties on Beach St, Indiana Ave, Ohio Ave, Simpson
Ave, and Nelson St from R-1 to R-2. Planning
Staff initiated request to rezone the following properties from R-1, Low Density
Single-Family Residential to R-2, Medium Density Single Family Residential: 1510,
1520, 1528, 1536, 1542, 1548, 1554, 1562, 1568, 1582, 1590, 1598, 1602, 1610, 1616,
1622, 1636, 1646, 1650, 1656, 1662, 1668, 1682, 1686, 1692, and 1704 Beach
Street; 3660 Indiana Avenue; 1360,1368, 1374, 1386, 1412, 1430, 1448, 1450, 1516,
1517, 1523, 1530, 1538, 1550, 1551, 1560, 1563, 1569, 1570, 1579, 1580, 1590, 1600,
1603, 1622, 1631, 1635, 1636, 1632, 1634, 1640, 1642, 1651, 1652, 1661, 1663, 1666,
1674, 1675, 1682, and 1690 Nelson; 3600 and 3601 Ohio Avenue; and 3691
Simpson Avenue.
Staff has received several calls over the past year from property owners in this
area that had some concerns about their R-1 zoning designation. Many
properties within this focus area are considered “legally non-conforming”
because their lots do not meet the minimum lot size requirements (minimum of
50 feet of street frontage and 6,000 sf total). Some property owners were having
difficulties with financing options since they would not be able to rebuild after a
disaster without a variance from the Zoning Board of Appeals. A couple
property owners were inquiring about splitting their large lots, only to find that
they were just short on the amount of land needed for two lots.
This would not allow more housing types (duplexes, etc), it only modifies the size
of a buildable lot. A focus group was held in March with the property owners.
The Planning Commission unanimously recommended approval of the rezoning
at their May meeting.
STAFF RECOMMENDATION: To approve the rezonings as listed in the packet.
Motion by Commissioner Kilgo, second by Commissioner Gorman, to approve
the rezoning as listed in the packet.
ROLL VOTE: Ayes: German, Gorman, Johnson, and Kilgo
Page 9 of 11
Page 15 of 163
Nays: Kochin
MOTION PASSES (REQUIRES SECOND READING)
2024-51 NEW BUSINESS
A. Juneteenth Resolution Manager's Office
Updated Juneteenth Resolution per Mayor's request.
STAFF RECOMMENDATION: To adopt the Juneteenth Resolution as presented.
Motion by Commissioner Kilgo, second by Commissioner Gorman, to adopt the
Juneteenth Resolution as presented.
Motion amended by Commissioner German, second by Commissioner Kilgo to
amend the Juneteenth Resolution to fly the Juneteenth Flag at City Hall as well
as Hackley Park.
ROLL VOTE ON AMENDED MOTION:
Ayes: Kilgo, German, Gorman, Kochin, and Johnson
Nays: None
MOTION PASSES
ROLL VOTE ON ORIGINAL MOTION:
Ayes: German, Gorman, Kochin, Johnson, and Kilgo
Nays: None
MOTION PASSES
ANY OTHER BUSINESS
There is a plant swap at McGraft Park on Sunday from noon to 3:00 p.m.
Engagement Session at Seyferth Park on Wednesday, May 29th, from 3:30 p.m.
to 5:30 p.m. reference skate park area. Monday, June 3rd, from 5:00 p.m. to
6:30 p.m. is the Idea Day reference the future of Hartshorn Park and Marina.
Pride Parade and Festival is Saturday, June 1st, 10:30 a.m. Parade, and 11:30
a.m. is Opening Ceremony. Food Insecurity in Muskegon County is May 31st,
9:00 a.m. to 10:30 a.m. at Muskegon Community College Stevenson Center,
Room 2323. Taste of Muskegon is June 7th and 8th. Food Truck Rally is
Wednesday, June 5th. Mayor Johnson introduced Kayla Tucker who is now with
the Muskegon Chronicle MLive.
Page 10 of 11
Page 16 of 163
PUBLIC COMMENT ON NON-AGENDA ITEMS
Public comments received.
ADJOURNMENT
The City Commission meeting adjourned at 9:O5 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
Page 11 of 11
Page 17 of 163
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 11, 2024 Title: Sale of 1095 Third Street - ITEM REMOVED PER
STAFF REQUEST
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
City Staff propose approval of the purchase and development agreement for 1095 Third Street, for
redevelopment into voucher-eligible and market rate apartments.
Detailed Summary & Background:
Staff has worked with David Dusendang to come to terms on a proposed redevelopment at the City-
Owned former Catholic Charities building located at 1095 Third Street. The first phase will include the
adaptive reuse of the existing building into at least 30 apartment units. Importantly, a minimum of 20%
of all units in the development must be preferred for potential tenants with Tenant Based Vouchers,
resulting in a mixed income development. The future phase requires that at least 12 units be built
fronting Houston Avenue, which leaves some latitude for the developer to pursue the originally
proposed townhome concept, or to potentially build a multifamily building on the site if more density
is required to make the phase perform financially. The Commission has already approved the
creation of a Public Act 210 Commercial Rehabilitation District on the site, and should expect an
application for the related tax abatement certificate before the end of the year. The developer is
obliged to start the second phase within 90 days of Certificate of Occupancy for phase 1 or run the
risk of the Commission revoking their PA 210 abatement.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Micro-commercial areas in neighborhoods
Progress toward completion of ongoing economic development projects
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
$100,000 gain to Public Improvement Fund Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion:
Motion to approve the purchase agreement for 1095 Third Street between the City of Muskegon and
MidTown Center, LLC as presented and to authorize the mayor and clerk to sign.
Page 18 of 163
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head Yes
Information
Technology
Other Division Heads
Communication
Legal Review
Page 19 of 163
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 11, 2024 Title: Rezoning of properties on Beach St, Indiana
Ave, Ohio Ave, Simpson Ave, and Nelson St from
R-1 to R-2. (SECOND READING)
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff initiated request to rezone the following properties from R-1, Low Density Single-Family
Residential to R-2, Medium Density Single Family Residential: 1510, 1520, 1528, 1536, 1542, 1548, 1554,
1562, 1568, 1582, 1590, 1598, 1602, 1610, 1616, 1622, 1636, 1646, 1650, 1656, 1662, 1668, 1682, 1686,
1692, and 1704 Beach Street; 3660 Indiana Avenue; 1360,1368, 1374, 1386, 1412, 1430, 1448, 1450,
1516, 1517, 1523, 1530, 1538, 1550, 1551, 1560, 1563, 1569, 1570, 1579, 1580, 1590, 1600, 1603, 1622,
1631, 1635, 1636, 1632, 1634, 1640, 1642, 1651, 1652, 1661, 1663, 1666, 1674, 1675, 1682, and 1690
Nelson; 3600 and 3601 Ohio Avenue; and 3691 Simpson Avenue.
Detailed Summary & Background:
Staff has received several calls over the past year from property owners in this area that had some
concerns about their R-1 zoning designation. Many properties within this focus area are considered
“legally non-conforming” because their lots do not meet the minimum lot size requirements (minimum
of 50 feet of street frontage and 6,000 sf total). Some property owners were having difficulties with
financing options since they would not be able to rebuild after a disaster without a variance from the
Zoning Board of Appeals. A couple property owners were inquiring about splitting their large lots, only
to find that they were just short on the amount of land needed for two lots.
This would not allow more housing types (duplexes, etc), it only modifies the size of a buildable lot. A
focus group was held in March with the property owners. The Planning Commission unanimously
recommended approval of the rezoning at their May meeting.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
To approve the rezonings as listed in the packet.
Page 20 of 163
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review
Page 21 of 163
PARCELS SMALLER THAN 6000 SQFT CURRENT NON-BUILD PARCELS
Page 22 of 163
PARCELS THAT COULD BE SPLIT CURRENTLY
Page 23 of 163
PARCELS THAT COULD BE SPLIT W/ R-2
Page 24 of 163
CURRENTLY VACANT PARCELS
Page 25 of 163
PLANNING COMMISSION PACKET EXCERPT
May 16, 2024
Hearing, Case 2024-09: Staff initiated request to rezone the following properties from R-1, Low Density
Single-Family Residential to R-2, Medium Density Single Family Residential: 1510, 1520, 1528, 1536,
1542, 1548, 1554, 1562, 1568, 1582, 1590, 1598, 1602, 1610, 1616, 1622, 1636, 1646, 1650, 1656, 1662,
1668, 1682, 1686, 1692, and 1704 Beach Street; 3660 Indiana Avenue; 1360, 1368, 1374, 1386, 1412,
1430, 1448, 1450, 1516, 1517, 1523, 1530, 1538, 1550, 1551, 1560, 1563, 1569, 1570, 1579, 1580, 1590,
1600, 1603, 1622, 1631, 1635, 1636, 1632, 1634, 1640, 1642, 1651, 1652, 1661, 1663, 1666, 1674, 1675,
1682, and 1690 Nelson; 3600 and 3601 Ohio Avenue; and 3691 Simpson Avenue.
SUMMARY
1. Staff has received several calls over the past year from property owners in this area that had some
concerns about their R-1 zoning designation. Many properties within this focus area are considered
“legally non-conforming” because their lots do not meet the minimum lot size requirements
(minimum of 50 feet of street frontage and 6,000 sf total). Some property owners were having
difficulties with financing options since they would not be able to rebuild after a disaster without
a variance from the Zoning Board of Appeals. A couple property owners were inquiring about
splitting their large lots, only to find that they were just short on the amount of land needed for two
lots.
2. After receiving a high number of calls regarding this issue, staff decided to hold a focus group
with property owners in the vicinity of the area. At the meeting, staff proposed the idea of rezoning
these proposed parcels from R-1 to R-2. A majority of the focus group appeared to be in agreeance
of staff’s proposal. There were a few focus group members that were against including six
properties that front Harbour Towne Circle and staff agreed with their stance, so staff removed the
properties from the request (see map on following pages to see which properties were removed).
Staff offered to let the focus group take some time to think about the proposal and contact staff
with any questions over the next month. Staff did not receive any additional questions this time
and has brought the case forward.
3. The only difference between R-1 and R-2 zoning designations is the minimum lot size
requirements. R-1 lots must have a minimum 50 feet of street frontage and 6,000 sf total. R-2 lots
must have a minimum 40 feet of street frontage and 4,000 sf total. Both zoning designations only
allow for single-family units for residential development.
4. Please see the enclosed “Scenario Maps” that depict different scenarios on these lots under R-1
and R-2 zoning designations.
5. Notice was sent to all properties within 300 feet of the focus area. At the time of this writing, staff
had not received any comments.
Page 26 of 163
Zoning Map
Aerial Map
Properties (noted in blue)
removed from
Page 27 of 163
the request after the focus group meeting.
DELIBERATION
The following proposed motion is offered for consideration:
I move that the request to rezone the following properties from R-1, Low Density Single Family
Residential to R-2, Medium Density Single Family Residential be recommended to the City Commission
for approval:
1510, 1520, 1528, 1536, 1542, 1548, 1554, 1562, 1568, 1582, 1590, 1598, 1602, 1610, 1616, 1622, 1636,
1646, 1650, 1656, 1662, 1668, 1682, 1686, 1692, and 1704 Beach Street; 3660 Indiana Avenue; 1360,
1368, 1374, 1386, 1412, 1430, 1448, 1450, 1516, 1517, 1523, 1530, 1538, 1550, 1551, 1560, 1563, 1569,
1570, 1579, 1580, 1590, 1600, 1603, 1622, 1631, 1635, 1636, 1632, 1634, 1640, 1642, 1651, 1652, 1661,
1663, 1666, 1674, 1675, 1682, and 1690 Nelson; 3600 and 3601 Ohio Avenue; and 3691 Simpson Avenue.
Page 28 of 163
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for 1510, 1520, 1528, 1536,
1542, 1548, 1554, 1562, 1568, 1582, 1590, 1598, 1602, 1610, 1616, 1622, 1636, 1646, 1650, 1656, 1662, 1668,
1682, 1686, 1692, and 1704 Beach Street; 3660 Indiana Avenue; 1360, 1368, 1374, 1386, 1412, 1430, 1448,
1450, 1516, 1517, 1523, 1530, 1538, 1550, 1551, 1560, 1563, 1569, 1570, 1579, 1580, 1590, 1600, 1603, 1622,
1631, 1635, 1636, 1632, 1634, 1640, 1642, 1651, 1652, 1661, 1663, 1666, 1674, 1675, 1682, and 1690 Nelson;
3600 and 3601 Ohio Avenue; and 3691 Simpson Avenue. from R-1 to R-2
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning from R-1 to R-2.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
Page 29 of 163
CERTIFICATE
(Rezoning 1510, 1520, 1528, 1536, 1542, 1548, 1554, 1562, 1568, 1582, 1590, 1598, 1602, 1610, 1616, 1622,
1636, 1646, 1650, 1656, 1662, 1668, 1682, 1686, 1692, and 1704 Beach Street; 3660 Indiana Avenue; 1360,
1368, 1374, 1386, 1412, 1430, 1448, 1450, 1516, 1517, 1523, 1530, 1538, 1550, 1551, 1560, 1563, 1569, 1570,
1579, 1580, 1590, 1600, 1603, 1622, 1631, 1635, 1636, 1632, 1634, 1640, 1642, 1651, 1652, 1661, 1663, 1666,
1674, 1675, 1682, and 1690 Nelson; 3600 and 3601 Ohio Avenue; and 3691 Simpson Avenue R-1 to R-2)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does
hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission
of the City of Muskegon, at a regular meeting of the City Commission on the 28th day of May, at which
meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.
DATED: ___________________, 2024 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
Page 30 of 163
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on May 28, 2024, the City Commission of the City of Muskegon adopted an ordinance
amending the zoning map to provide for the change of zoning for 1510, 1520, 1528, 1536, 1542, 1548, 1554,
1562, 1568, 1582, 1590, 1598, 1602, 1610, 1616, 1622, 1636, 1646, 1650, 1656, 1662, 1668, 1682, 1686, 1692,
and 1704 Beach Street; 3660 Indiana Avenue; 1360, 1368, 1374, 1386, 1412, 1430, 1448, 1450, 1516, 1517,
1523, 1530, 1538, 1550, 1551, 1560, 1563, 1569, 1570, 1579, 1580, 1590, 1600, 1603, 1622, 1631, 1635, 1636,
1632, 1634, 1640, 1642, 1651, 1652, 1661, 1663, 1666, 1674, 1675, 1682, and 1690 Nelson; 3600 and 3601 Ohio
Avenue; and 3691 Simpson Avenue. from R-1 to R-2:
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2024
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 31 of 163
PARCELS THAT COULD BE SPLIT W/ R-2
NOT AFFECTED BY HOUSE PLACEMENT
Page 32 of 163
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 11, 2024 Title: Sale of 892 Orchard
Submitted by: Samantha Pulos, Code Department: Planning
Coordinator
Brief Summary:
Staff is seeking authorization to sell the City-owned vacant lot at 892 Orchard to Mark Payne.
Detailed Summary & Background:
Mark Payne would like to purchase the City-owned buildable lot at 892 Orchard for $3,000 (75% of
the True Cash Value of $4,000) plus half of the closing costs and the fee to register the deed. The
buyer will be constructing one single-family home on the property.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Focus Area/Action Item Addressed: Create an environment that effectively attracts new
residents and retains existing residents by filling existing employment gaps, attracting new and diverse
businesses to the city, and expanding access to a variety of high-quality housing options in
Muskegon. Diverse housing types.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
n/a Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
n/a Yes No N/A x
Recommended Motion:
Authorize the Code Coordinator to complete the sale of 892 Orchard, as described in the attached
purchase agreement, and to have the Mayor and Clerk sign both the purchase agreement and the
deed.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads x
Page 33 of 163
Communication
Legal Review
Page 34 of 163
Page 35 of 163
Page 36 of 163
Page 37 of 163
Page 38 of 163
Page 39 of 163
Page 40 of 163
Page 41 of 163
Page 42 of 163
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 11, 2024 Title: Road construction contract award to
Anlaan for New and Second Streets
Submitted by: Joel Brookens, Engineer Department: DPW- Engineering
Brief Summary:
Staff is requesting authorization to approve a contract with Anlaan Corporation in the amount of
$1,145,853.25 for road reconstruction work on New Street; Evanston to Calvin; and 2nd Street;
Houston to Muskegon.
Detailed Summary & Background:
Bids were solicited for a construction project to reconstruct New Street; Evanston to Calvin; and 2nd;
Houston to Muskegon. Anlaan Corp provided the low bid. Bid tabulation and comparison is
attached.
Bids came in under budget. Project is budgeted for in FY24-25.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Improved transportation connections
throughout the community
Amount Requested: Budgeted Item:
$1,145,853.25 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
New St Yes No x N/A
203-901-801-92341 $766,031.95
591-901-801-92341 $122,672.00
2nd
202-901-801-92342 $226,348.30
591-901-801-92342 $30,801.00
Recommended Motion:
Move to authorize staff to enter into a contract with Anlaan Corporation for the amount of
$1,145853.255 for the reconstruction of New Street and 2nd Street according to the construction
plans and approve change orders up to 10 percent of the contract award.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
No
Page 43 of 163
Head
Information
Technology
Other Division Heads x
Communication
Legal Review
Page 44 of 163
Bid Tabualation
Date: 5/28/2024
Project: New & 2nd Street
Rank New Street 2nd Street Total Bid
Engineer's Estimate $ 1,131,665.50 $ 302,669.00 $ 1,434,334.50
1 Anlaan $ 888,703.95 $ 257,149.30 $ 1,145,853.25
2 Jackson Merkey $ 962,874.05 $ 313,653.75 $ 1,276,527.80
3 Terra Contractors $ 1,052,322.15 $ 306,131.75 $ 1,358,453.90
4 McCormick Sand $ 1,068,203.00 $ 305,174.00 $ 1,373,377.00
5 K&R $ 1,187,103.20 $ 382,027.95 $ 1,569,131.15
Page 45 of 163
City of Muskegon
Bid Comparison
Contract ID: H 92341
Description:
Location:
New St
Projects(s):
H 92341
Rank Bidder Total Bid % Over Low % Over Est.
0 ENGINEER'S ESTIMATE $1,131,665.50 27.33% 0.00%
1 (02946) Anlaan Corporation $888,703.95 0.00% -21.46%
2 (06627) Jackson-Merkey Contractors, Inc. $962,874.05 8.34% -14.91%
3 (02374) Terra Contractors, LLC $1,052,322.15 18.41% -7.01%
4 (05076) McCormick Sand, Inc. $1,068,203.00 20.19% -5.60%
5 (00152) Kamminga & Roodvoets, Inc. $1,187,103.20 33.57% 4.89%
Contract # H 92341 (New St) Page 1 of 9
MERL: 2021.12.0
5/28/2024 4:15:46 PM
Page 46 of 163
(2) Jackson-Merkey Contractors,
Line Pay Item Code Quantity Units (0) ENGINEER'S ESTIMATE (1) Anlaan Corporation Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0001 1100001 1 LSUM $100,000.00 $100,000.00 $74,000.00 $74,000.00 $100,000.00 $100,000.00
Mobilization, Max
0002 2040020 322 Ft $29.70 $9,563.40 $9.00 $2,898.00 $8.65 $2,785.30
Curb and Gutter, Rem
0003 2040055 817 Syd $12.61 $10,302.37 $22.00 $17,974.00 $13.35 $10,906.95
Sidewalk, Rem
0004 2057002 21.6 Sta $2,000.00 $43,200.00 $2,500.00 $54,000.00 $3,243.25 $70,054.20
_ Machine Grading, Modified
0005 2080020 17 Ea $117.00 $1,989.00 $125.00 $2,125.00 $115.00 $1,955.00
Erosion Control, Inlet Protection, Fabric Drop
0006 3020020 6,967 Syd $20.00 $139,340.00 $19.00 $132,373.00 $10.10 $70,366.70
Aggregate Base, 8 inch
0007 3060005 30 Cyd $50.00 $1,500.00 $90.00 $2,700.00 $91.30 $2,739.00
Aggregate Surface Cse
0008 3062001 32 Ea $500.00 $16,000.00 $75.00 $2,400.00 $295.75 $9,464.00
Driveway Maintenance, Residential
0009 3062002 9 Ea $1,515.00 $13,635.00 $125.00 $1,125.00 $985.85 $8,872.65
Intersection Maintenance
0010 4020600 1,851 Ft $95.30 $176,400.30 $40.00 $74,040.00 $60.00 $111,060.00
Sewer, Cl E, 12 inch, Tr Det B
0011 4027001 96 Ft $100.00 $9,600.00 $125.00 $12,000.00 $118.00 $11,328.00
_ Sewer, Ductile Iron Class 52, 12 inch, Tr Det B
0012 4030004 9 Ea $1,089.52 $9,805.68 $700.00 $6,300.00 $684.50 $6,160.50
Dr Structure Cover, Adj, Case 1, Modified
0013 4030010 15 Ea $536.37 $8,045.55 $550.00 $8,250.00 $948.00 $14,220.00
Dr Structure Cover, Type B
0014 4030025 1 Ea $730.00 $730.00 $725.00 $725.00 $1,094.00 $1,094.00
Dr Structure Cover, Type D
Contract # H 92341 (New St) Page 2 of 9
MERL: 2021.12.0
5/28/2024 4:15:46 PM
Page 47 of 163
(2) Jackson-Merkey Contractors,
Line Pay Item Code Quantity Units (0) ENGINEER'S ESTIMATE (1) Anlaan Corporation Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0015 4030050 17 Ea $731.94 $12,442.98 $800.00 $13,600.00 $988.00 $16,796.00
Dr Structure Cover, Type K
0016 4030210 9 Ea $3,006.96 $27,062.64 $2,300.00 $20,700.00 $3,500.00 $31,500.00
Dr Structure, 48 inch dia
0017 4030312 2 Ea $800.00 $1,600.00 $500.00 $1,000.00 $647.00 $1,294.00
Dr Structure, Tap, 12 inch
0018 4037001 2 Ft $100.00 $200.00 $450.00 $900.00 $583.50 $1,167.00
_ Dr Structure Cover, Adj, Add Depth, Modified
0019 4037050 14 Ea $2,000.00 $28,000.00 $1,500.00 $21,000.00 $139.00 $1,946.00
_ Catch Basin 2 Ft Dia Special Detail
0020 4037050 2 Ea $3,000.00 $6,000.00 $2,300.00 $4,600.00 $3,250.00 $6,500.00
_ Catch Basin, 4 Ft Dia, Special Detail
0021 5010005 5,543 Syd $5.30 $29,377.90 $1.85 $10,254.55 $0.95 $5,265.85
HMA Surface, Rem
0022 5012025 1,518 Ton $100.00 $151,800.00 $88.90 $134,950.20 $98.75 $149,902.50
HMA, 4EML
0023 8010007 753 Syd $62.96 $47,408.88 $60.60 $45,631.80 $60.15 $45,292.95
Driveway, Nonreinf Conc, 8 inch
0024 8020038 4,408 Ft $21.30 $93,890.40 $20.00 $88,160.00 $20.80 $91,686.40
Curb and Gutter, Conc, Det F4 Modified
0025 8030010 24 Ft $43.92 $1,054.08 $34.50 $828.00 $35.00 $840.00
Detectable Warning Surface
0026 8030044 154 Sft $7.00 $1,078.00 $5.90 $908.60 $5.40 $831.60
Sidewalk, Conc, 4 inch
0027 8030048 10 Sft $8.06 $80.60 $6.90 $69.00 $6.40 $64.00
Sidewalk, Conc, 8 inch
0028 8032003 152 Sft $10.11 $1,536.72 $6.40 $972.80 $6.40 $972.80
Curb Ramp, Conc, 7 inch
0029 8070095 12 Ea $200.00 $2,400.00 $250.00 $3,000.00 $126.15 $1,513.80
Post, Mailbox
0030 8120012 4 Ea $104.00 $416.00 $90.00 $360.00 $90.00 $360.00
Barricade, Type III, High Intensity, Double Sided, Lighted,
Furn
Contract # H 92341 (New St) Page 3 of 9
MERL: 2021.12.0
5/28/2024 4:15:46 PM
Page 48 of 163
(2) Jackson-Merkey Contractors,
Line Pay Item Code Quantity Units (0) ENGINEER'S ESTIMATE (1) Anlaan Corporation Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0031 8120013 4 Ea $1.00 $4.00 $5.00 $20.00 $5.00 $20.00
Barricade, Type III, High Intensity, Double Sided, Lighted,
Oper
0032 8120170 1 LSUM $20,000.00 $20,000.00 $4,000.00 $4,000.00 $9,000.00 $9,000.00
Minor Traf Devices Modified
0033 8120252 100 Ea $30.00 $3,000.00 $22.00 $2,200.00 $22.00 $2,200.00
Plastic Drum, Fluorescent, Furn
0034 8120253 100 Ea $1.00 $100.00 $1.00 $100.00 $1.00 $100.00
Plastic Drum, Fluorescent, Oper
0035 8120350 276 Sft $4.00 $1,104.00 $4.00 $1,104.00 $4.00 $1,104.00
Sign, Type B, Temp, Prismatic, Furn
0036 8120351 276 Sft $1.00 $276.00 $1.00 $276.00 $1.00 $276.00
Sign, Type B, Temp, Prismatic, Oper
0037 8120352 20 Sft $9.00 $180.00 $8.00 $160.00 $8.00 $160.00
Sign, Type B, Temp, Prismatic, Spec, Furn
0038 8120353 20 Sft $1.00 $20.00 $1.00 $20.00 $1.00 $20.00
Sign, Type B, Temp, Prismatic, Spec, Oper
0039 8160062 1,471 Syd $5.00 $7,355.00 $6.00 $8,826.00 $13.20 $19,417.20
Topsoil Surface, Furn, 4 inch
0040 8167011 1,471 Syd $2.00 $2,942.00 $1.00 $1,471.00 $1.10 $1,618.10
_ Hydroseeding
0041 8237001 445 Ft $27.00 $12,015.00 $33.00 $14,685.00 $33.05 $14,707.25
_ Water Service, 1 inch, Copper Type K
0042 8237001 1,336 Ft $35.00 $46,760.00 $22.00 $29,392.00 $22.05 $29,458.80
_ Water Service, Private Property, 1 inch
0043 8237050 33 Ea $800.00 $26,400.00 $1,010.00 $33,330.00 $1,300.00 $42,900.00
_ Corporation Stop, 1 inch
0044 8237050 33 Ea $750.00 $24,750.00 $790.00 $26,070.00 $1,000.00 $33,000.00
_ Curb Stop and Box, 1 inch
0045 8237050 33 Ea $800.00 $26,400.00 $515.00 $16,995.00 $517.50 $17,077.50
_ Water Service, Building Connection, 1 inch
0046 8237050 4 Ea $1,100.00 $4,400.00 $550.00 $2,200.00 $844.00 $3,376.00
_ Water Valve Box and Cover, Complete
Contract # H 92341 (New St) Page 4 of 9
MERL: 2021.12.0
5/28/2024 4:15:46 PM
Page 49 of 163
(2) Jackson-Merkey Contractors,
Line Pay Item Code Quantity Units (0) ENGINEER'S ESTIMATE (1) Anlaan Corporation Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0047 8240030 10 Hr $150.00 $1,500.00 $1.00 $10.00 $150.00 $1,500.00
Electronic Model Revision
0048 8507060 10,000 Dlr $1.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00
_ Irrigation Repair
Bid Totals: $1,131,665.50 $888,703.95 $962,874.05
Contract # H 92341 (New St) Page 5 of 9
MERL: 2021.12.0
5/28/2024 4:15:46 PM
Page 50 of 163
Line Pay Item Code Quantity Units (3) Terra Contractors, LLC (4) McCormick Sand, Inc. (5) Kamminga & Roodvoets, Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0001 1100001 1 LSUM $80,000.00 $80,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00
Mobilization, Max
0002 2040020 322 Ft $9.00 $2,898.00 $7.00 $2,254.00 $4.00 $1,288.00
Curb and Gutter, Rem
0003 2040055 817 Syd $9.00 $7,353.00 $8.00 $6,536.00 $25.00 $20,425.00
Sidewalk, Rem
0004 2057002 21.6 Sta $4,500.00 $97,200.00 $5,200.00 $112,320.00 $500.00 $10,800.00
_ Machine Grading, Modified
0005 2080020 17 Ea $120.00 $2,040.00 $120.00 $2,040.00 $150.00 $2,550.00
Erosion Control, Inlet Protection, Fabric Drop
0006 3020020 6,967 Syd $14.00 $97,538.00 $19.00 $132,373.00 $23.00 $160,241.00
Aggregate Base, 8 inch
0007 3060005 30 Cyd $75.00 $2,250.00 $50.00 $1,500.00 $90.00 $2,700.00
Aggregate Surface Cse
0008 3062001 32 Ea $550.00 $17,600.00 $300.00 $9,600.00 $50.00 $1,600.00
Driveway Maintenance, Residential
0009 3062002 9 Ea $850.00 $7,650.00 $800.00 $7,200.00 $150.00 $1,350.00
Intersection Maintenance
0010 4020600 1,851 Ft $40.00 $74,040.00 $61.00 $112,911.00 $82.00 $151,782.00
Sewer, Cl E, 12 inch, Tr Det B
0011 4027001 96 Ft $120.00 $11,520.00 $110.00 $10,560.00 $155.00 $14,880.00
_ Sewer, Ductile Iron Class 52, 12 inch, Tr Det B
0012 4030004 9 Ea $950.00 $8,550.00 $1,400.00 $12,600.00 $1,100.00 $9,900.00
Dr Structure Cover, Adj, Case 1, Modified
0013 4030010 15 Ea $1,000.00 $15,000.00 $550.00 $8,250.00 $1,100.00 $16,500.00
Dr Structure Cover, Type B
0014 4030025 1 Ea $1,000.00 $1,000.00 $750.00 $750.00 $1,350.00 $1,350.00
Dr Structure Cover, Type D
0015 4030050 17 Ea $1,000.00 $17,000.00 $750.00 $12,750.00 $1,150.00 $19,550.00
Dr Structure Cover, Type K
0016 4030210 9 Ea $2,500.00 $22,500.00 $3,500.00 $31,500.00 $2,750.00 $24,750.00
Dr Structure, 48 inch dia
Contract # H 92341 (New St) Page 6 of 9
MERL: 2021.12.0
5/28/2024 4:15:46 PM
Page 51 of 163
Line Pay Item Code Quantity Units (3) Terra Contractors, LLC (4) McCormick Sand, Inc. (5) Kamminga & Roodvoets, Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0017 4030312 2 Ea $900.00 $1,800.00 $550.00 $1,100.00 $600.00 $1,200.00
Dr Structure, Tap, 12 inch
0018 4037001 2 Ft $700.00 $1,400.00 $500.00 $1,000.00 $750.00 $1,500.00
_ Dr Structure Cover, Adj, Add Depth, Modified
0019 4037050 14 Ea $2,100.00 $29,400.00 $2,150.00 $30,100.00 $1,100.00 $15,400.00
_ Catch Basin 2 Ft Dia Special Detail
0020 4037050 2 Ea $2,650.00 $5,300.00 $3,100.00 $6,200.00 $2,900.00 $5,800.00
_ Catch Basin, 4 Ft Dia, Special Detail
0021 5010005 5,543 Syd $3.00 $16,629.00 $3.00 $16,629.00 $6.00 $33,258.00
HMA Surface, Rem
0022 5012025 1,518 Ton $108.00 $163,944.00 $90.00 $136,620.00 $88.90 $134,950.20
HMA, 4EML
0023 8010007 753 Syd $84.00 $63,252.00 $60.00 $45,180.00 $62.00 $46,686.00
Driveway, Nonreinf Conc, 8 inch
0024 8020038 4,408 Ft $27.00 $119,016.00 $20.00 $88,160.00 $22.00 $96,976.00
Curb and Gutter, Conc, Det F4 Modified
0025 8030010 24 Ft $55.00 $1,320.00 $35.00 $840.00 $40.00 $960.00
Detectable Warning Surface
0026 8030044 154 Sft $5.75 $885.50 $6.00 $924.00 $6.00 $924.00
Sidewalk, Conc, 4 inch
0027 8030048 10 Sft $11.00 $110.00 $7.00 $70.00 $8.00 $80.00
Sidewalk, Conc, 8 inch
0028 8032003 152 Sft $9.00 $1,368.00 $7.00 $1,064.00 $12.00 $1,824.00
Curb Ramp, Conc, 7 inch
0029 8070095 12 Ea $150.00 $1,800.00 $150.00 $1,800.00 $150.00 $1,800.00
Post, Mailbox
0030 8120012 4 Ea $100.00 $400.00 $90.00 $360.00 $75.00 $300.00
Barricade, Type III, High Intensity, Double Sided, Lighted,
Furn
0031 8120013 4 Ea $10.00 $40.00 $5.00 $20.00 $1.00 $4.00
Barricade, Type III, High Intensity, Double Sided, Lighted,
Oper
Contract # H 92341 (New St) Page 7 of 9
MERL: 2021.12.0
5/28/2024 4:15:46 PM
Page 52 of 163
Line Pay Item Code Quantity Units (3) Terra Contractors, LLC (4) McCormick Sand, Inc. (5) Kamminga & Roodvoets, Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0032 8120170 1 LSUM $6,000.00 $6,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00
Minor Traf Devices Modified
0033 8120252 100 Ea $25.00 $2,500.00 $22.00 $2,200.00 $25.00 $2,500.00
Plastic Drum, Fluorescent, Furn
0034 8120253 100 Ea $2.00 $200.00 $1.00 $100.00 $0.10 $10.00
Plastic Drum, Fluorescent, Oper
0035 8120350 276 Sft $8.00 $2,208.00 $4.00 $1,104.00 $5.00 $1,380.00
Sign, Type B, Temp, Prismatic, Furn
0036 8120351 276 Sft $2.00 $552.00 $1.00 $276.00 $1.00 $276.00
Sign, Type B, Temp, Prismatic, Oper
0037 8120352 20 Sft $12.00 $240.00 $8.00 $160.00 $14.00 $280.00
Sign, Type B, Temp, Prismatic, Spec, Furn
0038 8120353 20 Sft $2.00 $40.00 $1.00 $20.00 $0.10 $2.00
Sign, Type B, Temp, Prismatic, Spec, Oper
0039 8160062 1,471 Syd $5.00 $7,355.00 $8.00 $11,768.00 $5.00 $7,355.00
Topsoil Surface, Furn, 4 inch
0040 8167011 1,471 Syd $3.15 $4,633.65 $2.00 $2,942.00 $2.00 $2,942.00
_ Hydroseeding
0041 8237001 445 Ft $28.00 $12,460.00 $33.00 $14,685.00 $70.00 $31,150.00
_ Water Service, 1 inch, Copper Type K
0042 8237001 1,336 Ft $30.00 $40,080.00 $22.00 $29,392.00 $80.00 $106,880.00
_ Water Service, Private Property, 1 inch
0043 8237050 33 Ea $950.00 $31,350.00 $1,010.00 $33,330.00 $1,000.00 $33,000.00
_ Corporation Stop, 1 inch
0044 8237050 33 Ea $1,050.00 $34,650.00 $790.00 $26,070.00 $1,000.00 $33,000.00
_ Curb Stop and Box, 1 inch
0045 8237050 33 Ea $750.00 $24,750.00 $515.00 $16,995.00 $1,600.00 $52,800.00
_ Water Service, Building Connection, 1 inch
0046 8237050 4 Ea $750.00 $3,000.00 $1,300.00 $5,200.00 $800.00 $3,200.00
_ Water Valve Box and Cover, Complete
0047 8240030 10 Hr $150.00 $1,500.00 $75.00 $750.00 $100.00 $1,000.00
Electronic Model Revision
Contract # H 92341 (New St) Page 8 of 9
MERL: 2021.12.0
5/28/2024 4:15:46 PM
Page 53 of 163
Line Pay Item Code Quantity Units (3) Terra Contractors, LLC (4) McCormick Sand, Inc. (5) Kamminga & Roodvoets, Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0048 8507060 10,000 Dlr $1.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00
_ Irrigation Repair
Bid Totals: $1,052,322.15 $1,068,203.00 $1,187,103.20
Contract # H 92341 (New St) Page 9 of 9
MERL: 2021.12.0
5/28/2024 4:15:46 PM
Page 54 of 163
City of Muskegon
Bid Comparison
Contract ID: H-92342
Description: Reconstruction of Second St., including HMA, Storm Sewer, Curb & Gutter, Water Services, and Sidewalk Ramps.
Location:
2nd Street, Houston Ave to Muskegon Ave
Projects(s):
H-92342
Rank Bidder Total Bid % Over Low % Over Est.
0 ENGINEER'S ESTIMATE $302,669.00 17.70% 0.00%
1 (02946) Anlaan Corporation $257,149.30 0.00% -15.03%
2 (05076) McCormick Sand, Inc. $305,174.00 18.67% 0.82%
3 (02374) Terra Contractors, LLC $306,131.75 19.04% 1.14%
4 (06627) Jackson-Merkey Contractors, Inc. $313,653.75 21.97% 3.62%
5 (00152) Kamminga & Roodvoets, Inc. $382,027.95 48.56% 26.21%
Contract # H-92342 (2nd Street, Houston Ave to Muskegon Ave) Page 1 of 9
MERL: 2021.12.0
5/28/2024 4:17:21 PM
Page 55 of 163
Line Pay Item Code Quantity Units (0) ENGINEER'S ESTIMATE (1) Anlaan Corporation (2) McCormick Sand, Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0001 1100001 1 LSUM $35,000.00 $35,000.00 $20,000.00 $20,000.00 $35,000.00 $35,000.00
Mobilization, Max Mobilization_10% Max.
0002 2030015 36 Ft $22.00 $792.00 $15.00 $540.00 $20.00 $720.00
Sewer, Rem, Less than 24 inch
0003 2037050 5 Ea $800.00 $4,000.00 $250.00 $1,250.00 $600.00 $3,000.00
_ Dr Structure, Rem, Modified
0004 2040055 462 Syd $11.00 $5,082.00 $21.50 $9,933.00 $8.00 $3,696.00
Sidewalk, Rem
0005 2047011 1,676 Syd $8.00 $13,408.00 $2.00 $3,352.00 $8.00 $13,408.00
_ Pavt, Rem, Modified
0006 2057002 5.8 Sta $3,500.00 $20,300.00 $1,500.00 $8,700.00 $5,000.00 $29,000.00
_ Machine Grading, Modified
0007 2080020 9 Ea $115.00 $1,035.00 $125.00 $1,125.00 $120.00 $1,080.00
Erosion Control, Inlet Protection, Fabric Drop
0008 2090001 1 LSUM $1,000.00 $1,000.00 $500.00 $500.00 $1,400.00 $1,400.00
Project Cleanup
0009 3020020 1,285 Syd $20.00 $25,700.00 $22.00 $28,270.00 $22.00 $28,270.00
Aggregate Base, 8 inch
0010 3060021 50 Cyd $15.00 $750.00 $65.00 $3,250.00 $20.00 $1,000.00
Maintenance Gravel, LM
0011 4020600 83 Ft $95.00 $7,885.00 $78.00 $6,474.00 $86.00 $7,138.00
Sewer, Cl E, 12 inch, Tr Det B
0012 4027001 45 Ft $85.00 $3,825.00 $150.00 $6,750.00 $110.00 $4,950.00
_ Sewer, Ductile Iron Class 52, 12 inch, Tr Det B
0013 4030004 4 Ea $1,000.00 $4,000.00 $700.00 $2,800.00 $1,400.00 $5,600.00
Dr Structure Cover, Adj, Case 1, Modified
0014 4030312 2 Ea $750.00 $1,500.00 $550.00 $1,100.00 $550.00 $1,100.00
Dr Structure, Tap, 12 inch
Contract # H-92342 (2nd Street, Houston Ave to Muskegon Ave) Page 2 of 9
MERL: 2021.12.0
5/28/2024 4:17:21 PM
Page 56 of 163
Line Pay Item Code Quantity Units (0) ENGINEER'S ESTIMATE (1) Anlaan Corporation (2) McCormick Sand, Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0015 4037050 2 Ea $2,000.00 $4,000.00 $2,300.00 $4,600.00 $3,200.00 $6,400.00
_ Catch Basin 2 Ft Dia Special Detail
0016 4037050 2 Ea $1,800.00 $3,600.00 $1,500.00 $3,000.00 $2,300.00 $4,600.00
_ Catch Basin 4 Ft Dia Special Detail
0017 4037050 4 Ea $725.00 $2,900.00 $550.00 $2,200.00 $550.00 $2,200.00
_ Dr Structure Cover, Type B, Modified
0018 4037050 1 Ea $750.00 $750.00 $725.00 $725.00 $750.00 $750.00
_ Dr Structure Cover, Type D, Modified
0019 4037050 3 Ea $800.00 $2,400.00 $800.00 $2,400.00 $750.00 $2,250.00
_ Dr Structure Cover, Type K, Modifed
0020 5012025 304 Ton $105.00 $31,920.00 $109.50 $33,288.00 $115.00 $34,960.00
HMA, 4EML
0021 8017011 106 Syd $50.00 $5,300.00 $51.60 $5,469.60 $50.00 $5,300.00
_ Driveway, Nonreinf Conc, 6 Inch, Modified
0022 8017011 32 Syd $60.00 $1,920.00 $62.60 $2,003.20 $60.00 $1,920.00
_ Driveway, Nonreinf Conc, 8 inch, Modified
0023 8020038 1,002 Ft $22.00 $22,044.00 $25.60 $25,651.20 $22.00 $22,044.00
Curb and Gutter, Conc, Det F4
0024 8020050 39 Ft $28.00 $1,092.00 $26.60 $1,037.40 $22.00 $858.00
Driveway Opening, Conc, Det M
0025 8030010 98 Ft $45.00 $4,410.00 $35.00 $3,430.00 $35.00 $3,430.00
Detectable Warning Surface
0026 8030030 127 Ft $28.00 $3,556.00 $26.60 $3,378.20 $22.00 $2,794.00
Curb Ramp Opening, Conc
0027 8030044 3,137 Sft $5.00 $15,685.00 $5.90 $18,508.30 $5.00 $15,685.00
Sidewalk, Conc, 4 inch
0028 8030046 349 Sft $6.00 $2,094.00 $6.40 $2,233.60 $6.00 $2,094.00
Sidewalk, Conc, 6 inch
0029 8032002 662 Sft $7.00 $4,634.00 $6.40 $4,236.80 $6.00 $3,972.00
Curb Ramp, Conc, 6 inch
0030 8110024 273 Ft $3.00 $819.00 $3.00 $819.00 $5.00 $1,365.00
Pavt Mrkg, Ovly Cold Plastic, 6 inch, Crosswalk
Contract # H-92342 (2nd Street, Houston Ave to Muskegon Ave) Page 3 of 9
MERL: 2021.12.0
5/28/2024 4:17:21 PM
Page 57 of 163
Line Pay Item Code Quantity Units (0) ENGINEER'S ESTIMATE (1) Anlaan Corporation (2) McCormick Sand, Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0031 8110044 36 Ft $8.00 $288.00 $12.00 $432.00 $15.00 $540.00
Pavt Mrkg, Ovly Cold Plastic, 18 inch, Stop Bar
0032 8120012 6 Ea $90.00 $540.00 $90.00 $540.00 $90.00 $540.00
Barricade, Type III, High Intensity, Double Sided, Lighted,
Furn
0033 8120013 6 Ea $1.00 $6.00 $5.00 $30.00 $5.00 $30.00
Barricade, Type III, High Intensity, Double Sided, Lighted,
Oper
0034 8120026 12 Ea $100.00 $1,200.00 $120.00 $1,440.00 $120.00 $1,440.00
Pedestrian Type II Barricade, Temp
0035 8120100 25 Ton $25.00 $625.00 $150.00 $3,750.00 $0.04 $1.00
Dust Palliative, Applied
0036 8120170 1 LSUM $15,000.00 $15,000.00 $5,000.00 $5,000.00 $20,000.00 $20,000.00
Minor Traf Devices
0037 8120252 24 Ea $25.00 $600.00 $22.00 $528.00 $22.00 $528.00
Plastic Drum, Fluorescent, Furn
0038 8120253 24 Ea $1.00 $24.00 $1.00 $24.00 $1.00 $24.00
Plastic Drum, Fluorescent, Oper
0039 8120350 434 Sft $5.00 $2,170.00 $4.00 $1,736.00 $4.00 $1,736.00
Sign, Type B, Temp, Prismatic, Furn
0040 8120351 434 Sft $1.00 $434.00 $1.00 $434.00 $1.00 $434.00
Sign, Type B, Temp, Prismatic, Oper
0041 8120352 64 Sft $8.00 $512.00 $8.00 $512.00 $8.00 $512.00
Sign, Type B, Temp, Prismatic, Spec, Furn
0042 8120353 64 Sft $1.00 $64.00 $1.00 $64.00 $1.00 $64.00
Sign, Type B, Temp, Prismatic, Spec, Oper
0043 8160062 603 Syd $4.00 $2,412.00 $7.00 $4,221.00 $8.00 $4,824.00
Topsoil Surface, Furn, 4 inch
0044 8167011 603 Syd $1.00 $603.00 $1.00 $603.00 $2.00 $1,206.00
_ Hydroseeding
0045 8237001 130 Ft $35.00 $4,550.00 $33.00 $4,290.00 $33.00 $4,290.00
_ Water Service, 1 inch, Copper Type K
Contract # H-92342 (2nd Street, Houston Ave to Muskegon Ave) Page 4 of 9
MERL: 2021.12.0
5/28/2024 4:17:21 PM
Page 58 of 163
Line Pay Item Code Quantity Units (0) ENGINEER'S ESTIMATE (1) Anlaan Corporation (2) McCormick Sand, Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0046 8237001 108 Ft $30.00 $3,240.00 $22.00 $2,376.00 $22.00 $2,376.00
_ Water Service, Private Property, 1 inch
0047 8237050 7 Ea $400.00 $2,800.00 $1,010.00 $7,070.00 $1,010.00 $7,070.00
_ Corporation Stop, 1 inch
0048 8237050 5 Ea $700.00 $3,500.00 $790.00 $3,950.00 $790.00 $3,950.00
_ Curb Stop and Box, 1 inch
0049 8237050 2 Ea $1,300.00 $2,600.00 $1,335.00 $2,670.00 $1,335.00 $2,670.00
_ Meter Pit Complete
0050 8237050 7 Ea $4,000.00 $28,000.00 $1,335.00 $9,345.00 $515.00 $3,605.00
_ Water Service, Building Connection, 1 inch
0051 8237050 2 Ea $300.00 $600.00 $550.00 $1,100.00 $1,300.00 $2,600.00
_ Water Valve Box and Cover, Complete
0052 8240030 10 Hr $150.00 $1,500.00 $1.00 $10.00 $75.00 $750.00
Electronic Model Revision
Bid Totals: $302,669.00 $257,149.30 $305,174.00
Contract # H-92342 (2nd Street, Houston Ave to Muskegon Ave) Page 5 of 9
MERL: 2021.12.0
5/28/2024 4:17:21 PM
Page 59 of 163
(4) Jackson-Merkey Contractors,
Line Pay Item Code Quantity Units (3) Terra Contractors, LLC Inc. (5) Kamminga & Roodvoets, Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0001 1100001 1 LSUM $35,000.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00
Mobilization, Max Mobilization_10% Max.
0002 2030015 36 Ft $20.00 $720.00 $13.10 $471.60 $25.00 $900.00
Sewer, Rem, Less than 24 inch
0003 2037050 5 Ea $700.00 $3,500.00 $510.00 $2,550.00 $500.00 $2,500.00
_ Dr Structure, Rem, Modified
0004 2040055 462 Syd $9.00 $4,158.00 $7.80 $3,603.60 $15.00 $6,930.00
Sidewalk, Rem
0005 2047011 1,676 Syd $4.00 $6,704.00 $6.80 $11,396.80 $18.00 $30,168.00
_ Pavt, Rem, Modified
0006 2057002 5.8 Sta $4,200.00 $24,360.00 $7,500.00 $43,500.00 $7,000.00 $40,600.00
_ Machine Grading, Modified
0007 2080020 9 Ea $130.00 $1,170.00 $115.00 $1,035.00 $200.00 $1,800.00
Erosion Control, Inlet Protection, Fabric Drop
0008 2090001 1 LSUM $3,500.00 $3,500.00 $3,000.00 $3,000.00 $500.00 $500.00
Project Cleanup
0009 3020020 1,285 Syd $17.00 $21,845.00 $14.90 $19,146.50 $23.00 $29,555.00
Aggregate Base, 8 inch
0010 3060021 50 Cyd $85.00 $4,250.00 $13.10 $655.00 $40.00 $2,000.00
Maintenance Gravel, LM
0011 4020600 83 Ft $50.00 $4,150.00 $78.00 $6,474.00 $87.50 $7,262.50
Sewer, Cl E, 12 inch, Tr Det B
0012 4027001 45 Ft $130.00 $5,850.00 $147.00 $6,615.00 $155.00 $6,975.00
_ Sewer, Ductile Iron Class 52, 12 inch, Tr Det B
0013 4030004 4 Ea $1,200.00 $4,800.00 $760.50 $3,042.00 $1,100.00 $4,400.00
Dr Structure Cover, Adj, Case 1, Modified
0014 4030312 2 Ea $1,250.00 $2,500.00 $719.50 $1,439.00 $600.00 $1,200.00
Dr Structure, Tap, 12 inch
0015 4037050 2 Ea $2,500.00 $5,000.00 $3,116.00 $6,232.00 $2,900.00 $5,800.00
_ Catch Basin 2 Ft Dia Special Detail
0016 4037050 2 Ea $1,700.00 $3,400.00 $1,664.00 $3,328.00 $1,100.00 $2,200.00
_ Catch Basin 4 Ft Dia Special Detail
Contract # H-92342 (2nd Street, Houston Ave to Muskegon Ave) Page 6 of 9
MERL: 2021.12.0
5/28/2024 4:17:21 PM
Page 60 of 163
(4) Jackson-Merkey Contractors,
Line Pay Item Code Quantity Units (3) Terra Contractors, LLC Inc. (5) Kamminga & Roodvoets, Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0017 4037050 4 Ea $1,000.00 $4,000.00 $1,028.00 $4,112.00 $1,100.00 $4,400.00
_ Dr Structure Cover, Type B, Modified
0018 4037050 1 Ea $1,000.00 $1,000.00 $1,184.00 $1,184.00 $1,350.00 $1,350.00
_ Dr Structure Cover, Type D, Modified
0019 4037050 3 Ea $1,000.00 $3,000.00 $1,282.00 $3,846.00 $1,150.00 $3,450.00
_ Dr Structure Cover, Type K, Modifed
0020 5012025 304 Ton $125.00 $38,000.00 $119.80 $36,419.20 $109.50 $33,288.00
HMA, 4EML
0021 8017011 106 Syd $65.00 $6,890.00 $51.15 $5,421.90 $51.00 $5,406.00
_ Driveway, Nonreinf Conc, 6 Inch, Modified
0022 8017011 32 Syd $84.00 $2,688.00 $61.15 $1,956.80 $66.00 $2,112.00
_ Driveway, Nonreinf Conc, 8 inch, Modified
0023 8020038 1,002 Ft $28.00 $28,056.00 $24.55 $24,599.10 $25.00 $25,050.00
Curb and Gutter, Conc, Det F4
0024 8020050 39 Ft $28.00 $1,092.00 $23.25 $906.75 $38.00 $1,482.00
Driveway Opening, Conc, Det M
0025 8030010 98 Ft $48.00 $4,704.00 $35.00 $3,430.00 $36.00 $3,528.00
Detectable Warning Surface
0026 8030030 127 Ft $28.00 $3,556.00 $23.25 $2,952.75 $30.00 $3,810.00
Curb Ramp Opening, Conc
0027 8030044 3,137 Sft $5.75 $18,037.75 $5.40 $16,939.80 $6.00 $18,822.00
Sidewalk, Conc, 4 inch
0028 8030046 349 Sft $7.00 $2,443.00 $5.90 $2,059.10 $6.25 $2,181.25
Sidewalk, Conc, 6 inch
0029 8032002 662 Sft $7.00 $4,634.00 $6.40 $4,236.80 $7.75 $5,130.50
Curb Ramp, Conc, 6 inch
0030 8110024 273 Ft $9.00 $2,457.00 $6.25 $1,706.25 $3.50 $955.50
Pavt Mrkg, Ovly Cold Plastic, 6 inch, Crosswalk
0031 8110044 36 Ft $22.00 $792.00 $18.95 $682.20 $12.00 $432.00
Pavt Mrkg, Ovly Cold Plastic, 18 inch, Stop Bar
0032 8120012 6 Ea $100.00 $600.00 $90.00 $540.00 $75.00 $450.00
Barricade, Type III, High Intensity, Double Sided, Lighted,
Furn
Contract # H-92342 (2nd Street, Houston Ave to Muskegon Ave) Page 7 of 9
MERL: 2021.12.0
5/28/2024 4:17:21 PM
Page 61 of 163
(4) Jackson-Merkey Contractors,
Line Pay Item Code Quantity Units (3) Terra Contractors, LLC Inc. (5) Kamminga & Roodvoets, Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0033 8120013 6 Ea $10.00 $60.00 $5.00 $30.00 $1.00 $6.00
Barricade, Type III, High Intensity, Double Sided, Lighted,
Oper
0034 8120026 12 Ea $140.00 $1,680.00 $120.00 $1,440.00 $55.00 $660.00
Pedestrian Type II Barricade, Temp
0035 8120100 25 Ton $1.00 $25.00 $0.01 $0.25 $425.00 $10,625.00
Dust Palliative, Applied
0036 8120170 1 LSUM $7,000.00 $7,000.00 $4,500.00 $4,500.00 $20,000.00 $20,000.00
Minor Traf Devices
0037 8120252 24 Ea $25.00 $600.00 $22.00 $528.00 $25.00 $600.00
Plastic Drum, Fluorescent, Furn
0038 8120253 24 Ea $2.00 $48.00 $1.00 $24.00 $0.10 $2.40
Plastic Drum, Fluorescent, Oper
0039 8120350 434 Sft $8.00 $3,472.00 $4.00 $1,736.00 $5.00 $2,170.00
Sign, Type B, Temp, Prismatic, Furn
0040 8120351 434 Sft $2.00 $868.00 $1.00 $434.00 $0.10 $43.40
Sign, Type B, Temp, Prismatic, Oper
0041 8120352 64 Sft $12.00 $768.00 $8.00 $512.00 $14.00 $896.00
Sign, Type B, Temp, Prismatic, Spec, Furn
0042 8120353 64 Sft $2.00 $128.00 $1.00 $64.00 $0.10 $6.40
Sign, Type B, Temp, Prismatic, Spec, Oper
0043 8160062 603 Syd $8.00 $4,824.00 $17.70 $10,673.10 $5.00 $3,015.00
Topsoil Surface, Furn, 4 inch
0044 8167011 603 Syd $4.00 $2,412.00 $1.85 $1,115.55 $2.00 $1,206.00
_ Hydroseeding
0045 8237001 130 Ft $32.00 $4,160.00 $33.15 $4,309.50 $70.00 $9,100.00
_ Water Service, 1 inch, Copper Type K
0046 8237001 108 Ft $35.00 $3,780.00 $22.15 $2,392.20 $120.00 $12,960.00
_ Water Service, Private Property, 1 inch
0047 8237050 7 Ea $1,000.00 $7,000.00 $1,600.00 $11,200.00 $1,050.00 $7,350.00
_ Corporation Stop, 1 inch
0048 8237050 5 Ea $1,000.00 $5,000.00 $1,250.00 $6,250.00 $1,000.00 $5,000.00
_ Curb Stop and Box, 1 inch
Contract # H-92342 (2nd Street, Houston Ave to Muskegon Ave) Page 8 of 9
MERL: 2021.12.0
5/28/2024 4:17:21 PM
Page 62 of 163
(4) Jackson-Merkey Contractors,
Line Pay Item Code Quantity Units (3) Terra Contractors, LLC Inc. (5) Kamminga & Roodvoets, Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0049 8237050 2 Ea $1,600.00 $3,200.00 $1,500.00 $3,000.00 $1,775.00 $3,550.00
_ Meter Pit Complete
0050 8237050 7 Ea $750.00 $5,250.00 $515.00 $3,605.00 $1,800.00 $12,600.00
_ Water Service, Building Connection, 1 inch
0051 8237050 2 Ea $750.00 $1,500.00 $929.50 $1,859.00 $800.00 $1,600.00
_ Water Valve Box and Cover, Complete
0052 8240030 10 Hr $150.00 $1,500.00 $150.00 $1,500.00 $100.00 $1,000.00
Electronic Model Revision
Bid Totals: $306,131.75 $313,653.75 $382,027.95
Contract # H-92342 (2nd Street, Houston Ave to Muskegon Ave) Page 9 of 9
MERL: 2021.12.0
5/28/2024 4:17:21 PM
Page 63 of 163
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 11, 2024 Title: Annual Action Plan Budget 2024
Submitted by: Sharonda Carson, CNS Director Department: Community & Neighborhood
Services
Brief Summary:
The budgets for both CDBG and HOME funds are attached for your review and consent.
Detailed Summary & Background:
The Annual Action Plan Budgets are presented to the Commission for approval based on the
Department of Housing and Urban Development (HUD) appropriations for FY2024. The Community
Planning and Development (CPD) office-funded programs are Community Development Block
Grant (CDBG) and HOME investment Partnerships (HOME) and the allocations total $1,136,877,00 for
eligible programs administered by the office of Community and Neighborhood Services.
The Citizen's District will meet June 2, 2024 to review the budget and make any corrections noted by
the commission.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
City of Muskegon
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
CDBG - $ 885,059 Yes x No N/A
HOME - $ 251,818
Fund(s) or Account(s): Budget Amendment Needed:
472 and 473 Yes No x N/A
Recommended Motion:
To approve the 2024 Annual Action Plan Budgets for CDBG and HOME Programs
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Page 64 of 163
Other Division Heads
Communication
Legal Review
Page 65 of 163
CDBG Organization/Agency 2023 2024
Kid Power of Produce $8,000.00 $20,000.00
Priority Home Repair $223,952.62 $136,375.77 $193,157.28
Residential Façade $125,995.00 $116,221.38
Service Delivery $60,000.00 $117,807.00 $75,000.00
Housing Ramps $20,000.00 $0.00
Fire Station Bond $213,085.58 $184,885.48 $129,812.96
Blight Fight (McLaughlin) $10,000.00 $0.00
Youth Credit Recovery $30,000.00 $20,000.00
Builder's License (Pilot) $10,000.00 $0.00
Youth Summer Internships $20,000.00 $0.00
MPS Youth Basketball $25,000.00
True North $42,758.00
Parks $20,000.00
Agewell Services $25,000.00
Admin $180,258.20 $177,011.80
TOTAL $901,291.00 $885,059.00
$397,970.24
HOME Organization/Agency 2023 2024
Community Dev. Housing $48,824.20 $37,772.70
Rehab Construction $244,121.30 $163,681.70 $33,751.04
Admin $32,549.50 $50,363.60
Page 66 of 163
TOTAL $ 325,495.00 $ 251,818.00
$33,751.04
km
Page 67 of 163
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 11, 2024 Title: Contract for Mediation & Restorative
Services
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Over the past 13 months, the City has been contracting with Mediation & Restorative Services for
youth counseling on underage vaping and cannabis consumption. The program is paid for with
funding from the Muskegon Social Equity Program. The current contract expires at the end of June
and the organization is requesting $40,000 for an additional 12 months. The previous contract was for
$47,000 over 13 months.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 GOAL 3: COMMUNITY CONNECTION - Strong ties among government and community agencies
Amount Requested: Budgeted Item:
$40,000 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
101 701 801 002080 Yes No X N/A
Recommended Motion:
To approve the contract with Mediation & Restorative Services.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review
Page 68 of 163
27 E. Clay Avenue Muskegon, MI 49442
(231) 727-6001 Fax (231) 727-6011
mediatewestmichigan.com
May 6, 2024
City Commissioners and Mike Franzak,
Mediation & Restorative Services has been providing Social Equity Education and Awareness under your generous
allotment of funds since June 2023. We are fully funded through the end of June 2024 so wanted to share some of
our highlights during the past 11 months:
Offered monthly virtual and/or in-person family info sessions
Attended IndiGrow’s Parent Canna Event
Presented/attended/reached out to Neighborhood Associations
Presented an 8-week class at Lighthouse Academy on safe decisions/avoiding illegal use of cannabis
Delivered outreach material to dispensaries and local businesses
Partnered with Public Health and Muskegon Public School on various events
Vendor tables at both family, school and youth-oriented events
Connected with the Jayhawk Hub and attended vendor events and presented at MCC’s staff meeting
Participated in Social Justice Commission meetings, ALI and AMP
Vendor tables at various Expungement Clinics
Started weekly “office hours” at the Community Resource Center
Met with individual parents and youth to discuss safe decisions/avoiding illegal use of cannabis
Social Media, Newsletter and in-person outreach and marketing services
Met with MPS School Resource Officers and the Police Community Coordinator
Provided door prizes/incentives at various events to get youth/parents engaged
Secured a vendor booth for PRIDE 2024
M&RS has seen an increase in youth, family and community response to our engagement efforts. We are requesting
a total of $40,000 to cover the following for 12 additional months of Social Equity Education and Awareness through
June 2025; however, we can increase or decrease the Coordinator’s hours depending on available funding:
$27,000 Social Equity Coordinator wage and fringe for 12 months
$300 for 12 months of a cell phone stipend at $25/month
$500 for 12 months of mileage
$700 for office supplies
$3,500 for additional marketing/outreach supplies
$4,000 for overhead/office expenses
$4,000 for supervisory and programming services
We have reduced the cost of each category from last year except for wage/fringe for the coordinator.
Thank you for your support of this important service to the people of the City of Muskegon,
Jackie Hallberg, LMSW
Serving Muskegon, Oceana, Mason & Manistee Counties
Page 69 of 163
Page 70 of 163
Page 71 of 163
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 11, 2024 Title: Contract for expungement clinics with
G.U.N.S.
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
The City partnered with G.U.N.S last year to hold a series of expungement clinics. These clinics were
well attended and staff wishes to partner with them again for an additional three clinics over the next
year. The organization is requesting increased funding this year to cover the costs of follow-up
services, surveys and for staff compensation (last year volunteers spent hours pulling iChats, making
folders, registering people, making phone calls, and other monitoring duties associated with
expungement clinics and wrap around services). These clinics are funded by the Muskegon Social
Equity Program.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 GOAL 3: COMMUNITY CONNECTION - Strong ties among government and community agencies
Amount Requested: Budgeted Item:
$45,000 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
101 701 801 002080 Yes No X N/A
Recommended Motion:
To approve contact with G.U.N.S.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Page 72 of 163
Legal Review
Page 73 of 163
Page 74 of 163
PLANNING DEPARTMENT
993 TERRACE ST.
MUSKEGON, MI 49440
EXPUNGEMENT CLINIC AGREEMENT
AGREEMENT made the ___ day of _____, 2024, between the City of
Muskegon Planning Department, 993 Terrace St., Muskegon, Michigan (the
“City”), Gaining UNITY Through Non-violent Solutions, with an address of
______________________________, Muskegon, Michigan (“G.U.N.S.”),
and Janet Robinson.
RECITALS:
Whereas, G.U.N.S. has made a proposal to the City and the parties
desire to reduce the terms and conditions of the City funding and clinics to be
produced by G.U.N.S. to writing.
IT IS THEREFORE AGREED:
1. Payment to G.U.N.S.: The City shall pay to G.U.N.S. the amount of
Fifteen Thousand Dollars ($15,000.00) for each expungement clinic
produced by G.U.N.S. pursuant to this Agreement. The City shall
render the first payment to G.U.N.S. on June 14, 2024. The City shall
render payment for each subsequent expungement clinic produced by
G.U.N.S. pursuant to this Agreement at least 30 days prior to the date
of the respective clinic.
2. Activity: G.U.N.S. shall operate three (3) expungement clinics
pursuant to the terms and conditions of this Section (the “Event(s)”):
i. The first Event shall occur in June 2024: the second Event shall
occur in the third or fourth quarter of 2024; the third Event shall
occur in the first quarter of 2025.
ii. Each Event must include all services necessary to properly
complete an application for, and obtain a hearing to, expunge
any misdemeanor or felony offenses eligible to be expunged
under state law, which includes but is not limited to:
a. Obtaining and reviewing the Michigan State Police’s Internet
Criminal History Access Tool (“ICHAT”).
b. Obtaining certified copies of convictions.
c. Determining if the conviction is eligible for expungement.
d. Completing an application to set aside a conviction.
e. Obtaining fingerprints.
Page 75 of 163
f. Properly filing the application and required attachments with
the Court and serving the same to the Michigan State
Police, local prosecuting agency, and the Michigan Attorney
General’s office.
g. Obtaining a hearing date and appearing at the hearing.
h. Obtaining a copy of the order granting the expungement
and verifying the Court clerk shall serve all necessary
parties with the same.
iii. In addition to the Services set forth in this Section, G.U.N.S.
shall provide City of Muskegon residents additional services
such as obtaining money orders ($50 per court), paid certified
records if agreeable to court staff, and stamps for mailing of the
applications. All services set forth in this Section shall be
rendered free of charge to all interested persons.
iv. For each Event, G.U.N.S. shall keep the following records and
produce the same upon request from the City:
a. The total number of applications filed by G.U.N.S. separated
by City of Muskegon residents versus non-residents.
b. The total number of applications granted separated by City
of Muskegon residents versus non-residents.
c. The total number of applications denied separated by City of
Muskegon residents versus non-residents.
d. The total number of participants at each event whether or
not an application is filed.
e. The expenses of each Event.
v. G.U.N.S. shall advise the City of the date, time, and location of
each Event at least 60 days prior to the Event.
vi. G.U.N.S. represents and warrants that all professionals
providing services at the Events shall be properly licensed and
adhere to the professional standards recognized by Michigan
law and that all non-professionals have the requisite knowledge
and experience to provide the services described in this
Section. G.U.N.S. further agrees that City of Muskegon
residents filing applications to set aside a conviction through
any of the respective Events is designated as a third-party
beneficiary to this Agreement—G.U.N.S. agrees to pursue all
applications to set aside a conviction through the hearing and
final disposition of the application regardless of when such
hearing is scheduled by the Courts.
Page 76 of 163
vii. G.U.N.S. shall contract for, carry out, and be responsible for all
obligations of the Events including but not limited to the
location, suppliers, expenses, volunteers, and advertising
except as specifically excluded in this Agreement. G.U.N.S.
shall comply with all the laws of the United States and the State
of Michigan, all local ordinances of municipal authorities, and
will obtain and pay all necessary permits and licenses
applicable to each and will not suffer to be done anything
during the term of this agreement or by product of an Event in
violation of any such laws, ordinances, rules or requirements.
3. Hold Harmless: G.U.N.S. shall indemnify, defend and save the City
harmless from and against any and all claims, actions, damages,
liability, attorney fees, and expense in connection with the Events or
as otherwise occurring as a result of the Events.
4. Assignment: G.U.N.S. shall not assign its rights or obligations
hereunder without the written consent of the City.
5. Termination: Either party may cancel this Agreement by giving to the
other written notice at least forty-five (45) days in advance of any
scheduled Event, if any.
6. Personal Guarantee: Janet Robinson, agent of G.U.N.S., agrees to
personally guarantee G.U.N.S.’s obligations under this Agreement.
Janet Robinson and G.U.N.S. shall be jointly and severally liable for
any breach of this Agreement.
7. Authority: The parties represent and warrant that the undersigned
representatives have the authority to enter into this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
Page 77 of 163
Page 78 of 163
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 11, 2024 Title: Contract for planning/architectural services
with SEH
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
The Development Services Division will be contracting with a consulting firm to create a Corridor
Improvement Plan for Apple Ave. Staff issued a Request for Proposal (RFP) for the project and
received four responses. SEH provided the lowest bid and they are a local firm that located their
offices on Webster Ave in 2023.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
$24,563 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Contrctual Services, 101 701 801 Yes No X N/A
Recommended Motion:
To approve the contract with SEH.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review X
Page 79 of 163
Apple Avenue Corridor Improvement Plan Bids
Company Location Date of Completion Deliverables Bid Amount
SEH of Michigan 221 W Webster, Muskegon September 23, 2024 Written corridor improvement plan and $24,653.00
three aerial renderings.
High-level technical memo, illustrative
Farr Associates Architecture & Urban Design 53 W Jackson Blvd, Ste 650, Chicago, IL September 1, 2024 corridor plan, and three aerial $39,900.00
renderings.
Three 3-D aerial renderings, corridor
improvement plan document, survey
Houseal Lavigne 188 W Randolph St, Ste 200, Chicago, IL September 23, 2024 $39,930.00
data, outreach summaries, and all GIS
data compiled during the project
process.
A corridor improvement plan (written
Progressive AE 1811 4 Mile Rd NE, Grand Rapids September 23, 2024 & digital form) and three perspective $47,750.00
renderings.
Page 80 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
Agreement for Professional Services
This Agreement is effective as of June 6, 2024, between City of Muskegon, MI (Client) and Short Elliott
Hendrickson Inc. (Consultant).
This Agreement authorizes and describes the scope, schedule, and payment conditions for Consultant’s work on
the Project described as: Apple Avenue Corridor Improvement Plan
Client’s Authorized Representative: Mike Franzak
Address: 933 Terrace Street, Muskegon, Michigan 49440, United States
Telephone: 231.724.6982 email: mike.franzak@shorelinecity.com
Project Manager: Carrie Rivette
Address: 221 W. Webster Avenue, Suite 501, Muskegon, Michigan 49440
Telephone: 231.769.2031 email: crivette@sehinc.com
Scope: The Basic Services to be provided by Consultant as set forth herein are provided subject to the attached
General Conditions of the Agreement for Professional Services (General Conditions Rev. 05.15.22), which is
incorporated by reference herein and subject to Exhibits attached to this Agreement.
Apple Avenue Corridor Improvement Plan per the scope of services provided in the May 28, 2024, letter proposal
attached.
The lump sum fee is $24,653 including expenses and equipment.
The payment method, basis, frequency and other special conditions are set forth in attached Exhibit A-2.
This Agreement for Professional Services, attached General Conditions, Exhibits and any Attachments
(collectively referred to as the “Agreement”) supersedes all prior contemporaneous oral or written agreements and
represents the entire understanding between Client and Consultant with respect to the services to be provided by
Consultant hereunder. In the event of a conflict between the documents, this document and the attached General
Conditions shall take precedence over all other Exhibits unless noted below under “Other Terms and Conditions”.
The Agreement for Professional Services and the General Conditions (including scope, schedule, fee and
signatures) shall take precedence over attached Exhibits. This Agreement may not be amended except by written
agreement signed by the authorized representatives of each party.
Other Terms and Conditions: Other or additional terms contrary to the General Conditions that apply solely to
this project as specifically agreed to by signature of the Parties and set forth herein:
Section II(A)(7) is stricken in its entirety.
Section III(A)(2) is stricken in its entirety.
Section IV(B)(1) is revised to read as follows: “Consultant is not a user, generator, handler, operator, arranger,
storer, transporter, or disposer of hazardous or toxic substances.”
Section V(C)(1) is revised to read as follows: “All Instruments of Service prepared by Consultant pursuant to this
Agreement are not intended or represented to be suitable for reuse by the Client or others on extensions of the
Project or on any other Project. Any reuse of the Instruments of Service without written consent or adaptation by
Consultant for the specific purpose intended will be at the Client’s sole risk and without liability or legal exposure
to Consultant; and the Client shall release Consultant from all claims arising from such use.”
Short Elliott Hendrickson Inc. Letter Agreement - 1 City of Muskegon, MI
Affirmative Action, Equal Opportunity Employer (Rev. 04.01.24)
Page 81 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
Section IV(C)(4) is added and reads as follows: “Consultant shall be responsible for the acts of Consultant’s
employees, officers, and Directors to the extent such actions are performed under or related to this Agreement.”
Short Elliott Hendrickson Inc. City of Muskegon, MI
By: [[DocuSignSignature_1]] By: [[DocuSignSignature_2]]
Full Name: [[_1]] Full Name: [[DocuSignFullName_2]]
mike.franzak@shorelinecity.com
Title: [[DocuSignText_1]]
Regional Practice Center Leader Title: [[DocuSignText_2]]
Short Elliott Hendrickson Inc. Letter Agreement - 2 City of Muskegon, MI
(Rev. 04.01.24)
Page 82 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
Exhibit A-2
to Agreement for Professional Services
Between City of Muskegon, MI (Client)
and
Short Elliott Hendrickson Inc. (Consultant)
Dated May 30, 2024
Payments to Consultant for Services and Expenses
Using the Lump Sum Basis Option
The Agreement for Professional Services is amended and supplemented to include the following agreement of
the parties:
A. Lump Sum Basis Option
The Client and Consultant select the Lump Sum Basis for Payment for services provided by Consultant.
During the course of providing its services, Consultant shall be paid monthly based on Consultant’s estimate
of the percentage of the work completed. Necessary expenses and equipment are provided as a part of
Consultant’s services and are included in the initial Lump Sum amount for the agreed upon Scope of Work.
Total payments to Consultant for work covered by the Lump Sum Agreement shall not exceed the Lump Sum
amount without written authorization from the Client.
The Lump Sum amount includes compensation for Consultant’s services and the services of Consultant’s
Consultants, if any for the agreed upon Scope of Work. Appropriate amounts have been incorporated in the
initial Lump Sum to account for labor, overhead, profit, expenses and equipment charges. The Client agrees
to pay for other additional services, equipment, and expenses that may become necessary by amendment to
complete Consultant’s services at their normal charge out rates as published by Consultant or as available
commercially.
B. Expenses Not Included in the Lump Sum
The following items involve expenditures made by Consultant employees or professional consultants on
behalf of the Client and shall be paid for as described in this Agreement.
1. Expense of overtime work requiring higher than regular rates, if authorized in advance by the Client.
2. Other special expenses required in connection with the Project.
3. The cost of special consultants or technical services as required. The cost of subconsultant services
shall include actual expenditure plus 10% markup for the cost of administration and insurance.
The Client shall pay Consultant monthly for expenses not included in the Lump Sum amount.
Short Elliott Hendrickson Inc. Letter Agreement - 3 City of Muskegon, MI
(Rev. 04.01.24)
Page 83 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
Short Elliott Hendrickson Inc. Letter Agreement - 4 City of Muskegon, MI
(Rev. 04.01.24)
Page 84 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
Short Elliott Hendrickson Inc. Letter Agreement - 5 City of Muskegon, MI
(Rev. 04.01.24)
Page 85 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
May 28, 2024
Mike Franzak
c/o Clerk’s Department
Muskegon City Hall Building a Better World
933 Terrace Street for All of Us®
Muskegon, MI 49443
RE: Apple Avenue Corridor Improvement Plan
Muskegon, MI 49443
Dear Mr. Franzak and Members of the Selection Committee:
We are pleased to submit our proposal for the Apple Avenue Corridor Improvement Plan. SEH of Michigan, LLC brings
extensive expertise in urban planning and design, and we are committed to enhancing safety, accessibility, and overall
quality of life for residents and visitors.
INTRODUCTION
Our team recognizes the significance of this project. We propose a holistic approach that aligns with Crime Prevention
Through Environmental Design (CPTED) principles. By integrating natural surveillance, territorial reinforcement, and
access control, we aim to create a vibrant and secure corridor.
OBJECTIVES
The RFP outlines the following key objectives:
• Improve the transition between commercial and residential areas.
• Improve the public realm along the corridor with sidewalks that link adjacent neighborhoods to the corridor and that
are unobstructed, wide enough for a variety of users, and buffered from the street.
• Improve aesthetics, including consideration of streetscape changes, signage, and lighting that supports an integrated
identity for the corridor and provides increased safety for pedestrians, bicyclists, and drivers.
• Improve vacant and/or underutilized land along the corridor.
• Address access between roadways and private property, including alley improvements and a better approach to access
management.
• Conservation and possible installation of new public art along the corridor.
• Streetscapes that include amenities for visual interest and safety, including seating, pocket parks, trees, and green
buffers.
Our proposal addresses these goals through innovative design solutions.
HISTORY AND EXPERIENCE
Short Elliott Hendrickson, Inc. (SEH) was established in 1927 as a one-person operation. SEH is now an employee-
owned engineering, architectural, environmental, and planning company that helps government, industrial, and
commercial clients find answers to complex challenges. Our 900-plus employee-owners share a core purpose:
Building a Better World for All of Us®. This approach reflects a companywide commitment to improving the quality
of life by designing safer, more sustainable infrastructure for government. Headquartered in St. Paul, Minnesota, and
with 32 offices in 12 states, including Muskegon, you'll find evidence of our work throughout the United States.
At SEH, our community planners, landscape architects and urban designers believe in the power of great places. We
take our craft beyond aesthetics by integrating art and science to improve the socioeconomic, environmental, and
physical character of the communities we serve. Our work is built on the sustainable principles of smart growth and
ecological urbanism.
Page 86 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
We combine tried-and-true strategies with innovative approaches to help link each community’s new developments with
the best characteristics of its built heritage. We believe in a highly collaborative, participatory process where consultants
team with clients and community members. Our goal: create places of lasting beauty and value that transform the
landscape and benefit your communities and the people within them.
We assist communities of all sizes looking to overcome today’s challenges and to plan for the future. Our approach is
holistic. We incorporate dynamic local, regional, and national contexts while looking for ways to improve
intergovernmental cooperation among neighboring communities.
PROJECT APPROACH
Kickoff Meeting
Prior to the Kickoff meeting, SEH will review background information, this will include the September 12, 2023, City of
Muskegon Master Land Use Plan, Neighborhood Sub-Plans (Nelson, Jackson Hill, McLaughlin, Angell, Steele and
Sheldon Park), City of Muskegon Zoning Ordinance, and other applicable City codes primarily including Chapter 058
Parks and Recreation, Chapter 074 Streets, Sidewalks and Other Public Properties, and Chapter 098 Traffic and
Vehicles. In addition, we will review the proposed street reconfiguration developed by the City and the Michigan
Department of Transportation (MDOT) and any other data gathered by staff. While SEH Muskegon office staff traverse
the Apple Avenue corridor frequently, SEH will perform a site visit to ensure that we have captured the distinctions
between the neighborhoods along Apple Avenue.
Upon assimilating the data provided, we will develop cursory concepts for the three types of neighborhoods to facilitate
discussion as needed during our kickoff meeting. We anticipate utilizing Crime Prevention through Environmental
Design Concepts (CPTED) to ensure that the proposed design and proposed connections will meet the general
principles for natural access control, natural surveillance, territoriality, activity support, and maintenance.
The kickoff meeting will be hybrid with Muskegon office staff in person and our landscape architect and civil engineers
attending remotely. While SEH will have initial concepts, the kickoff meeting is intended to be a listening session with
staff to gather their thoughts and what they have heard from the community. SEH will use their insights to assist in
keeping ideas and concepts flowing.
Public Workshop
After the kickoff meeting, SEH will develop an aerial rendering of the corridor indicating concepts for the three different
types of areas in the corridor. This aerial is intended to be taken to the public workshop by City staff to obtain the
community’s feedback. Upon collecting this feedback, City staff will meet with SEH to relay the information gathered
during the workshop.
Final Design
Upon receiving the public feedback, SEH will revise the aerial, prepare a plan outlining the work and describing the
features of each of the three types of areas and how they will transition to each other. In addition, we will prepare
three renderings visually depicting the amenities.
Provided that we have public feedback by September 6, 2024, SEH will electronically deliver the final plan and drawings
by September 23. We propose to perform the above work for a fee of $24,653.
We are excited about the opportunity to transform the Apple Avenue Corridor. Together, we can create a safer, more
vibrant Muskegon.
Page 87 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
Please contact Andrea at 231.769.2026 or ariegler@sehinc.com or Carrie at 231.769.2031 or crivette@seghinc.com if you
have any questions regarding this proposal.
Respectfully,
ANDREA RIEGLER AIA, NCARB CARRIE RIVETTE, PE (MI)
CLIENT SERVICE MANAGER PROJECT MANAGER
Engineers | Architects | Planners | Scientists
SEH of Michigan, LLC, 2 2 1 W e s t W e b s t e r , S u i t e 5 0 1 , M u s k e g o n M I
sehinc.com
SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer
Page 88 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
Page 89 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
ATTACHMENTS
ATTACHMENT A – PROJECT TEAM
ATTACHMENT B – PROJECT EXAMPLES
The specific licenses and credentials of the team members are described in the personnel and/or
resume section of this document.
©2023 Short Elliott Hendrickson Inc.
The information contained in this Proposal was prepared specifically for you and contains proprietary
information. We would appreciate your discretion in its reproduction and distribution. This information
has been tailored to your specific project based on our understanding of your needs. Its aim is to
demonstrate our ideas and approach to your project compared to our competition. We respectfully
request that distribution be limited to individuals involved in your selection process.
SEH is a registered trademark of Short Elliott Hendrickson Inc.
Page 90 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
Page 91 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
ATTACHMENT A
Project Team
Page 92 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
Page 93 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
Project Team
CARRIE RIVETTE PE (MI) MOLLY WAGNER
PROJECT MANAGER LANDSCAPE ARCHITECT
As project manager, Carrie will be your day-to- Molly offers a thoughtful and skilled approach
day contact responsible for directing the that will engage the natural and cultural
Resources and activities of the SEH team, providing timely history of Muskegon to showcase the potential that lies
completion of project deliverables and overseeing project within the Apple Avenue Corridor. As a Senior Landscape
budget and schedule. Carrie is a senior engineer with over 30 Architect, Molly brings 17 years of experience in master
years of experience, including over a decade of municipal planning, streetscape design, and site design to the project.
experience. On the municipal side, she worked with City staff She provides effective communication with clients, the
and outside stakeholders on similar plans for the City of Grand public and contractors – leveraging the use of graphics such
Rapids. She was part of the Sustainable Streets Task Force, as rendered plans, sections, elevations, and perspective
GR Forward, the Vital Streets Oversight Committee and was renderings to convey design intent. She is passionate about
the staff liaison for the Stormwater Oversight Commission. Her designing context sensitive landscapes that foster a sense
projects* included Vital Streets Plan, Vital Streets Design of community. Molly’s previous experience includes the
Guidelines, Green Infrastructure Design Standards, and the Downtown Riverwalk West in West Bend, Indiana and
South Division Corridor Plan. Carrie understands the constraints Wisconsin projects consisting of River Point District project
put on City staff and will work to ensure that this process for La Crosse, Rice Lake Main Street, Middleton Downtown
makes the most of their time and proceeds as smoothly as Campus Design and McFarland Downtown Campus Design.
possible.
ANDREA RIEGLER AIA, NCARB HEATHER STABO PE (WI)
CLIENT SERVICE MANAGER CIVIL ENGINEER
As a resident of the Nelson Neighborhood, Heather is a professional engineer with
Andrea will consult with the team as a local extensive experience working in the
-context collaborator. Andrea is a senior project architect Civil Engineering industry. Experience in roadway, parking,
with 28 years of experience. In addition to her local and pathway design, as well as utility design and
knowledge, she has extensive experience in project coordination of storm sewer, sanitary sewer, water main,
initiation, planning and management, design, construction gas, and electric allow Heather to comprehensively address
needed features of each site. This design experience has
documentation, construction administration, and historic
also offered the opportunity to coordinate with various
preservation services. She has worked on a variety of
regulatory agencies, utility companies, and other
planning projects throughout Muskegon and the Midwest engineering/architectural disciplines. Heather’s previous
and has a strong interest in local urban design. During her experience includes the following Wisconsin Projects: City
career, she has worked on the schematic design of the of Milwaukee War Memorial site redesign, Milwaukee
Lakeshore Museum Center expansion, Torrent House Space Streetcar, River Point District project for La Crosse and Elm
Analysis and Design, Toycen Ford Parcel Planning Grove Downtown Master Plan.
(Chippewa Falls, Wisconsin), and Downtown Design
Standards* in Fremont and Whitehall.
*Experience prior to SEH
Page 94 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
Page 95 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
ATTACHMENT B
Examples of Similar Plans
Page 96 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
Page 97 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
Relevant Experience
Creative Placemaking | SEH’s downtown planning experience includes the following:
Downtown Plans Rochester, MN (North Broadway)
Appleton, WI Rochester, MN (Uptown)
Austin, MN Rush City, MN
Dubuque, IA St. Louis Park, MN (CSAH 25)
Fargo, ND-Moorhead, MN Waupaca, WI
Ironton, MN
Marshalltown, IA Downtown Streetscape Planning &
Marshfield, WI Design (currently in design
Rochester, MN (St. Mary’s Place or construction)
Public Realm) Cloquet, MN
Rochester, MN (Zumbro Riverfront Plan) Glenwood, MN
Hutchinson, MN
Town Center Master Plans New Prague, MN
Mixed Use Redevelopment Concept (Appleton, WI)
Burns Harbor, IN Northfield, MN
La Crosse, WI (Waterplace One) Woodbury, MN
Portage, IN (TOD Master Plan)
Rochester, MN (Harvestview) Public Art
Rochester, MN (Prairie Crossing) Public Art Framework Plan for Lake
Schereville, IN Street and I-35W Transit Access
Sherwood, WI Project, Minneapolis, MN
Public Art Collection Management for
Downtown Neighborhood Planning/ the Nicollet Mall Redesign
Small Area Plans Public Artist Selection and
Casper, WY Implementation Management for
the Louisiana Avenue and Highway 7
La Crosse, WI (Riverside North)
Interchange, St. Louis Park, MN
Rochester, MN (Imagine East Side)
Public Art Program Development,
Rochester, MN (Imagine Kutzky)
Commercial Streetscape (La Crosse, WI) Downtown Iowa City, IA
Rochester, MN (Imagine Slatterly)
Rochester, MN (Uptown)
Rochester, MN (Downtown Transit)
Downtown Streetscape Planning & Design Rochester, MN (Mayo Park)
Elbow Lake, MN
Faribault, MN Downtown/CBD Circulation & Parking
Gaylord, MN Becker, MN
Grand Rapids, MN Fargo, ND
Lake City, MN Minneapolis, MN (Access Minneapolis)
Minneapolis, MN (Linden Hills Small
Minneapolis, MN (2nd and Marquette Area Plan)
Aves) Minneapolis, MN (Uptown Small Area
Osceola, WI Plan)
Port of Dubuque, IA Minneapolis, MN (West Lake
Multimodal Study)
Rochester, MN (2nd Street)
Richfield, MN (Connectivity Plan)
Rochester, MN (Downtown Transit/ River Falls, WI
Master Plan Update (Marshfield, WI) Streetscape) Stevens Point, WI
SHORT ELLIOTT HENDRICKSON INC.
Page 98 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
Dowtown
CONTACT
Michelle Spohnheimer, Housing &
Master Plan Community Development Director
641.754.5756
mspohnheimer@marshalltown-ia.gov
MARSHALLTOWN, IA
Following the destructive force of three simultaneous F-3 public realm of landscape streets, parks and gardens. Guiding
tornados on its’ historic central business district, Marshalltown new investments are a series of frameworks for movement,
mobilized funds and energy to plan for rebuilding and connectivity and parking, building renovation and design, and
revitalizing downtown. SEH utilized a compressed six-month streetscapes and greening. Detailed implementation strategies
planning process organized around a multi-day planning provide guidance on priorities for incoming rebuilding funds,
charrette to quickly put recommendations into practice. sample financial parameters for five new catalyst projects
and recommendations for longer term organizational and
The plan establishes a new, holistic vision with downtown
management initiatives.
serving as the community’s central neighborhood for living,
working, shopping, dining and socializing within a rejuvenated
CLIENT City of Marshalltown
COMPLETION Ongoing
BUDGET Estimated: $200,000; Actual: $200,000
LINK TO MORE
TEAM Bob Kost - Project Manager/Lead Urban Planner downtownmarshalltown.com
SHORT ELLIOTT HENDRICKSON INC.
Page 99 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
Harbor District Linden Hills
CONTACT CONTACT
Dan Adams, Planning Director Brian Schaffer, AICP, Project Manager
Harbor District Inc. (HDI) 612.673.2670
Water and Land 414.643.1266 x2
dan@harbordistrict.org Small Area Plan brian.schaffer@minneapolismn.gov
Use Plan MINNEAPOLIS, MN
MILWAUKEE, WI
This Small Area Plan is a collaborative vision for growth that builds
on the existing policies of The Minneapolis Plan for Sustainable
Growth, the City of Minneapolis’ Comprehensive Plan. It provides
SEH was hired to create the water and land use plan to guide
a 20 year vision for the three commercial districts of Linden
decisions around shoreline treatments, railway alignments,
Hills—43rd and Upton, 44th and Beard, and 44th and France—and
commercial truck access, open space trail networks and
the corridors of 44th Street and France Avenue in the Linden
waterside use within Milwaukee’s Harbor District. The analysis
Hills neighborhood.
included three major frameworks: public access; ecological
restoration; and sustainable stormwater management practices. The intent of the Plan is to provide policy framework within
Specific stormwater practices highlighted in the plan include which Linden Hills can continue to evolve as an exceptional
bioswales, pervious pavement and rain garden systems. neighborhood and to provide a contextually and environmentally
sensitive framework for guiding developers or business owners
The three frameworks create a strong and sustainable plan
wishing to propose expansion, renovations, or new development.
for future investment and expanding development within the
This same framework is meant to assist residents in evaluating
District. Recommendations from this analysis will be used to
development proposals and guide residents in the design
define future land use for the Inner Harbor District.
and implementation of public improvement projects, allowing
neighborhood members to shape or influence future growth in the
areas studied.
LINK TO MORE
harbordistrict.org/plan
CLIENT Redevelopment Authority of the City of Milwaukee CLIENT City of Minneapolis
COMPLETION December 2017 COMPLETION March 2014
BUDGET Estimated: $71,788; Actual: $71,788 BUDGET Estimated: $60,000; Actual: $60,000
TEAM Darren Fortney - Project Manager TEAM Bob Kost - Lead Urban Designer
Mark Mickelson - Sr. Project Engineer
SHORT ELLIOTT HENDRICKSON INC.
Page 100 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
Target Field Downtown
CONTACT
George Fantuazza, Project Manager
612.543.7276
Station george.fantauzza@gmail.com
Plan Update
MINNEAPOLIS, MN MARSHFIELD, WI
SEH teamed with Place Dynamics to update the City’s
Downtown Master Plan. The updated Plan focuses on key
redevelopment opportunities for downtown Marshfield including
Target Field Station serves as a central multimodal
a downtown plaza, a mix of in-fill housing types, hotel, office and
transportation hub, community gathering space and new
concentrated retail and restaurant opportunities. Strategies
office space in downtown Minneapolis. Located adjacent to
and an implementation plan were grounded in a custom market
the Minnesota Twins’ Target Field Stadium, the new transit-
analysis and review of key downtown strengths and weaknesses.
oriented development embodies the principles of Open Transit,
The Plan update included extensive public participation
which integrates all modes of transit, focuses on architecture
including a visioning workshop, two open houses, a community
that creates iconic indoor and outdoor spaces and appeals to
survey and online public involvement through use of Mind Mixer.
passengers, residents, office workers and visitors alike.
The LEED Certified project includes a new LRT station
platform, plaza and underground parking ramp adjacent to
Target Field. The landscape employs an urbanized approach
to integrating stormwater best management practices into
the site design using vegetative green roofs, linear biofilters
and bioswales to enhance the public realm. This innovative
stormwater management and reuse system earned the
project a $500,000 grant from the Mississippi Watershed
Management Organization.
CLIENT Hennepin County
COMPLETION May 2014 CLIENT City of Marshfield
BUDGET Estimated: $845,000; Actual: $1,089,974 COMPLETION November 2014
TEAM Bob Kost - Lead Urban Designer TEAM Bob Kost - Lead Urban Designer
SHORT ELLIOTT HENDRICKSON INC.
Page 101 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
Riverside North Master
CONTACT
Amy Peterson, former Planner
Redevelopment Plan for City of La Crosse
715.426.3425
apeterson@rfcity.org
LA CROSSE, WISCONSIN
SEH worked with the City of La Crosse Redevelopment Authority One of the key drivers for the layout of the proposed
on the Riverside North Development project to revitalize a neighborhood is the 30+ acres of open and forested wetlands
former 65-acre brownfield site at the internationally significant and extensive riverfront shorelines. This is achieved through a
confluence of the Mississippi, Black and La Crosse Rivers. The multimodal parkway and three linear ecological extensions or
design was developed using the innovative National Charrette “green fingers” up into the new redevelopment.
Institute (NCI) process culminating in an intense, seven-day Proposed development intensity is expected to range between
interactive public workshop. approximately 400-500 homes and 27,000 to 40,000 sq. ft. of
The resulting plan reflects the history and character of the commercial space, all to be built in phases over a seven to ten
riverfront city as well as the community’s vision for its future. year period.
The final plan provides strategies to reclaim and transform the The new infill development is a key gateway into the downtown
riverfront property into a livable, walkable neighborhood with entering from Copeland Avenue. The riverfront and public multi-
a mix of residential and commercial buildings, and increased recreational trails will also connect the neighborhood to the
recreational, economic and tourism-related attractions. downtown for work, shopping or recreational needs.
CLIENT City of La Crosse
COMPLETION Plan: October 2014; currently under development
BUDGET Estimated: $199,982; Actual: $199,982
LINK TO MORE
TEAM Bob Kost - Lead Urban Planner cityoflacrosse.org/riversidenorthproject
Darren Fortney - Multimodal Planner
SHORT ELLIOTT HENDRICKSON INC.
SHORT ELLIOTT HENDRICKSON INC.
Page 102 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
RIVER POINT DISTRICT PROJECT
(FORMERLY RIVERSIDE NORTH DEVELOPMENT)
LA CROSSE, WISCONSIN
SEH worked with the City of La Crosse Redevelopment Authority on the River Point CLIENT
District project to revitalize a former 65-acre brownfield site at the internationally City of La Crosse
significant confluence of the Mississippi, Black and La Crosse Rivers. The design was
developed using the innovative National Charrette Institute (NCI) process culminating in YEAR COMPLETED
an intense, seven-day interactive public workshop.
2014
The resulting plan reflects the history and character of the riverfront city, as well as
the community’s vision for its future. The final plan provides strategies to reclaim and REFERENCE
transform the riverfront property into a livable, walkable neighborhood with a mix of Jason Gilman, Former Director of
residential and commercial buildings and increased recreational, economic and tourism-
Planning & Development
related attractions.
gilmanjason@yahoo.com
608.789.2034
One of the key drivers for the layout of the proposed neighborhood is the 30+ acres of
open and forested wetlands and extensive riverfront shorelines. This is achieved through
a multimodal parkway and three linear ecological extensions or “green fingers” up into the
new redevelopment.
Proposed development intensity is expected to range between approximately 400-500
homes and 27,000 to 40,000 sq. ft. of commercial space, all to be built in phases over a
seven to ten year period.
The new infill development is a key gateway into the downtown entering from Copeland
Avenue. The riverfront and public multi-recreational trails will also connect the
neighborhood to the downtown for work, shopping or recreational needs.
SEH is now part of the Master Developer team led by WiRED Properties. The team has
formed a public private partnership to develop the site.
DESIGN FEATURES
○ Integrated wetland ○ Extension of downtown ○ New multimodal
restoration and riverfront trails and new design for
SCAN THIS
sustainable gathering space Copeland Ave.
stormwater system ○ Project-specific form- QR Code
based zoning code
to learn more
about this project
SHORT ELLIOTT HENDRICKSON INC.
Page 103 of 163
DocuSign Envelope ID: E49C72EB-E3F3-4525-92C6-46BEF4FC2D5A
DOWNTOWN RIVERWALK WEST
WEST BEND, WI
CLIENT
City of West Bend
YEAR COMPLETED
Final design in process
This project involves the redesign of the west bank of the riverwalk, including retaining
walls, pathways, lighting, plazas, connections to the downtown business district, a REFERENCE
connecting walkway under Washington Street and access to the river. SEH deliverables
Cindy Leinss
include construction drawings, specifications for bid, bid assistance, surveying,
262.335.5080
construction cost estimates and permitting.
leinssc@ci.west-bend.wi.us
The construction of a riverwalk along the Milwaukee River is part of a larger investment in
the revitalization of downtown by the City of West Bend. This project will play an important KEY PERSONNEL
role as the downtown takes shape. Locations along the riverwalk included large groupings ○ Michael Court
of utility facilities in locations with little horizontal clearance. Utility coordination to move
○ Caitlin Blue
these facilities will prove to be pivotal for the completion of a successful project.
○ Molly Wagner
SEH DISCIPLINES INVOLVED ○ Heidi Kennedy
○ Architecture
○ Civil engineering
○ Community development
○ Environmental engineers and scientists
○ Natural resource scientists
○ Planning and landscape architecture
○ Structural engineering
○ Survey
○ Wastewater engineering
○ Water resources engineering
SHORT ELLIOTT HENDRICKSON INC.
Page 104 of 163
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 11, 2024 Title: Termination of Existing Purchase Agreement
& Revised agreement for the sale of lots to EB2
Development Limited Liability Company (Green
Rabbit Home Builders)
Submitted by: Samantha Pulos, Code Department: Planning
Coordinator
Brief Summary:
Staff is seeking the termination of the PA for Green Rabbit Home Builders to purchase City-owned
vacant lots at 553, 558, 579, 601, 608, & 621 Jackson and 505 Alva, approved 5/28/24 due to clerical
errors. Staff is also seeking authorization to sell the same City-owned vacant lots to EB2 Development
Limited Liability Company d/b/a Green Rabbit Home Builders.
Detailed Summary & Background:
The Purchase Agreement, approved by Commission on 5/28/24, contained errors and omissions in
Exhibit A about the eventual combination and split of these lots. Also, Green Rabbit Home Builders
must be listed as EB2 Development Limited Liability Company d/b/a Green Rabbit Home Builders. This
Purchase Agreement has re-submitted with corrections made.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Focus Area/Action Item Addressed: Create an environment that effectively attracts new
residents and retains existing residents by filling existing employment gaps, attracting new and diverse
businesses to the city, and expanding access to a variety of high-quality housing options in
Muskegon. Diverse housing types.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
n/a Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
n/a Yes No N/A x
Recommended Motion:
Rescind the authority for the mayor and clerk to sign the May 28, 2024, Purchase and Development
Agreement and authorization for the Code Coordinator to complete the sale of 553, 558, 579, 601,
608, & 621 Jackson and 505 Alva and now authorize the Code Coordinator to complete the sale of
553, 558, 579, 601, 608, & 621 Jackson and 505 Alva, as described in the attached revised purchase
agreement, and to have the Mayor and Clerk sign both the purchase agreement and the deed.
Page 105 of 163
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads x
Communication
Legal Review x
Page 106 of 163
Termination of Purchase and Development Agreement
This Agreement is effective on _________________, 2024 between the City of
Muskegon (“City”) and Green Rabbit Home Builders (“Green Rabbit”) with reference to the
following facts:
Background
A. On May 28, 2024, the City of Muskegon authorized the Mayor and Clerk to
execute a Purchase and Development Agreement between the City of Muskegon and Green
Rabbit dated May 28, 2024.
B. Both the City and Green Rabbit executed the Purchase and Development
Agreement for the purchase of eight lots owned by the City effective as of May 28, 2024.
C. City and Green Rabbit now desire to terminate the May 28, 2024 Purchase and
Development Agreement and enter into a revised Purchase and Development Agreement.
Therefore, the parties agree as follows:
1. Termination of Purchase and Development Agreement. The parties agree that
the Purchase and Development Agreement dated May 28, 2024 is terminated and that all rights
of Green Rabbit to purchase or otherwise acquire the Properties are terminated as of the date
of this Agreement.
2. Subsequent Purchase and Development Agreement. It is the intent of the
Parties to enter into a revised Purchase and Development Agreement between the City of
Muskegon and EB2 Development Limited Liability Company d/b/a Green Rabbit Home Builders.
The parties have executed this Agreement on the date written below their signatures to
be effective as of the date written above.
CITY: PORT CITY:
CITY OF MUSKEGON GREEN RABBIT HOME BUILDERS
By:_______________________________ By:________________________________
Name: Jonathan Seyferth Name:
Title: City Manager Date: ___________________, 2024
Date: ________________, 2024
Page 107 of 163
DRAFTDRAFT
06/04/24
PURCHASE AND DEVELOPMENT AGREEMENT
This Purchase and Development Agreement (“Agreement”) is made May 28thJune __, 2024
(“Effective Date”), between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace
Street, Muskegon, Michigan 49440 (“City”), and EB2 Development Limited Liability Company d/b/a
Green Rabbit Home Builders, a Michigan limited liability company, of 1801 44th St SE, Grand Rapids,
MI, 49058 (“Developer”), with reference to the following facts:
Background
A. City is the owner of 8 buildable lots, being 553 Jackson, 558 Jackson, 579 Jackson, 601
Jackson, 608 Jackson, 621 Jackson, 532 Leonard and 505 Alva, more specifically described in attached
Exhibit A. Prior to closing, City shall combine one or more of the lots and split the property into fifteen
(15) lots, more specifically described in attached Exhibit B.
A.B. Developer proposes to purchase and develop the fifteen (15)eight (8) vacant lots properties
owned by City, which are all located in the City of Muskegon, Muskegon County, Michigan, and each
commonly known and legally described on the attached Exhibit AB (each property individually, a “Parcel”
and collectively “Project Properties”).
B.C. City and Developer desire to establish the terms, covenants, and conditions upon which
City will sell and Developer will purchase and develop the Project Properties. Developer intends to develop
on each of the Project Properties a single-family house (the “Project”).
Therefore, for good and valuable consideration, the parties agree as follows:
1. Sale and Purchase of Project Properties. City agrees to sell to Developer, and Developer
agrees to purchase from City, on the terms and subject to the conditions set forth in this Agreement, the
Project Properties, subject to reservations, restrictions, and easements of record.
2. Purchase Price. The total purchase price for the Project Property shall be $25,125.00, which shall
be paid in cash or other immediately available funds at Closing (defined below) less the $1000 deposit that
the Developer has paid to the City of Muskegon. The “Purchase Price” shall be allocated to each lot as
provided for in attached Exhibit B.
Pursuant to Paragraph 3(b) below, the parties acknowledge and agree that Developer shall be eligible to be
reimbursed all or a portion of the purchase price for each Parcel upon the completion of certain design
standards for each Parcel as further described herein.
3. Construction and Development Requirements.
Page 108 of 163
a. Construction Dates. The parties acknowledge and agree that Developer shall have
a period of twenty-four (24) months from the date of Closing to complete the Project (“Construction
Period”), except as otherwise provided in this Agreement or as otherwise mutually agreed upon by
the parties in writing.
b. Construction Details; Purchase Price Reimbursement. Developer’s construction
and development of the Project Properties shall be in substantial conformance with its plans and
specifications provided to City by Developer or as otherwise agreed upon in writing between City
and Developer and attached as Exhibit C. As referenced above, Developer shall be eligible for
reimbursement of all or a portion of the purchase price for each of the Project Properties upon
Developer’s satisfaction of the following design standards for each single-family home it constructs
on the Project Properties:
Purchase Price Reimbursement for Parcel
Design Standard
Open front porch of at least 60 sq. ft. 20%
Picture or bay window 20%
Alley-loaded parcel 20%
Shutter or other acceptable window 20%
treatments
Underground Sprinkling 20%
(By way of example only: If Developer completes three of the design standards listed above for
the construction at the Parcel located at 601 Jackson 1172 Marquette Ave, Developer would be
reimbursed $3,600$6,000.00, which is 60% of the $6,000$8,000.00 purchase price for 601
Jacksonthis Parcel. If Developer completes all five design standards for all of the lots purchased,
Developer would be reimbursed the entire purchase price for this Parcel.)
4. Right of Reversionary Interest. Notwithstanding anything herein to the contrary, and as
security for Developer’s obligation to commence and complete construction of a single-family house on
each of the Project Properties, eachthe quit claim deed conveying a lot the Project Properties to Developer
shall contain a right of reversionary interest of that lot in all of the Project Properties (“City’s Reversionary
Interest Right”), which will become effectivemay be exercised by City, in its sole and absolute discretion,
if any of the following conditions occur:
a. Developer does not commence construction within sixty (60) days after the date of
Closing, in which case title to this Parcel all of the Project Properties shall automatically revert to
City upon the terms and conditions further provided in this Paragraph 4 below. For purposes of this
Paragraph 4(a), commencing construction means furnishing labor and materials to this at least one
Parcel of the Project Properties and beginning installation of the approved single-family home(s).
b. Developer does not complete construction of a single family residential structure
on this Parcel of all Project Properties prior to expiration of the Construction Period, in which case
title to this Parcel to any of the Project Properties that are not complete by the end of the
Construction Period shall automatically revert to City upon the terms and conditions further
provided in this Paragraph 4 below. For purposes of this Paragraph 4(b), completing construction
means the issuance of an occupancy permit by City for this Parcelall of the Project Properties.
Provided, however, the parties agree to reasonably negotiate an extension of the Construction
Period up to a period of six (6) months for any of the Project Properties that have a completed
foundation before the expiration of the initial Construction Period.
Page 109 of 163
If any of the above conditions occur, City shall automatically have City’s Reversionary Right to reacquire
title to any or all of the Project Properties, as the case may be. To exercise City’s Reversionary Right
described herein, City must provide written notice to Developer (or its permitted successors, assigns, or
transferees) within thirty (30) days of Developer’s failure under this Agreement, but in any event prior to
Developer satisfying the conditions set forth in Paragraph 4(a) or Paragraph 4(b) above, as the case may
be, and record such notice with the Muskegon County Register of Deeds. Upon request of City, Developer
shall take all reasonable steps to ensure City acquires marketable title to any or all of the Project Properties,
as the case may be, through its exercise of its rights under this Paragraph within thirty (30) days of City’s
demand, including without limitation, the execution of appropriate deeds and other documents.
In addition, if any or all of the Project Properties revert to City, City may retain the purchase price for such
Project Properties free and clear of any claim of Developer or its assigns. In the event of reversion of title
of any or all of the Project Properties, improvements made on such Project Properties shall become the
property of City. In no event shall the Project Properties be in a worse condition than upon the date of
Closing. These covenants and conditions shall run with the land and be recorded in the quit claim deeds
from City to Developer.
5. Waiver of Water/Sewer Connection Fee. Upon the condition that all Project Properties
are completed no later than the Construction Completion Date, City agrees to waive the water/sewer
connection fee for all Project Properties. Developer is not entitled to the water/sewer waiver unless all 15
lots have fully completed single family residences by the end of the Construction Period.
6. Title Insurance. Within five (5) days after the Effective Date, Developer shall order a
single title commitment for an extended coverage ALTA owner’s policy of title insurance issued by
Transnation Title Agency (the “Title Company”) for the fifteen (15) the Project Properties in the amount
of the total purchase price for the Project Properties and bearing a date later than the Effective Date, along
with copies of all of the underlying documents referenced therein (the “Title Commitment”), with a copy
of the commitment and underlying documents to City. Developer shall cause the Title Company to issue a
marked-up commitment or pro forma owner’s policy with respect to the Project Properties at the Closing
naming Developer as the insured and in form and substance reasonably satisfactory to Developer, but
subject to Permitted Exceptions (defined below). As soon as possible after the Closing, Developer shall
cause the Title Company to furnish to Developer an extended coverage ALTA owner’s policy of title
insurance with respect to the Project Properties (the “Title Policy”). City shall be responsible for the cost
of the Title Policy; provided, however, Developer shall be solely responsible for the cost of any
endorsements to the Title Policy that Developer desires.
7. Title Objections. Developer shall have until the end of the Inspection Period (as defined
below) within which to raise objections to the status of City’s title to any of the Project Properties. If
objection to the title is made, City shall have thirty (30) seven (7) days from the date it is notified in writing
of the particular defects claimed to either (a) remedy the objections, or (b) notify Developer that it will not
remedy the objections. If Developer does not notify City in writing as to any title or survey objections, then
Developer will be deemed to have accepted the condition of title as set forth in the Title Commitment. If
City is unwilling or unable to remedy the title or obtain title insurance over such defects within the time
period specified, then notwithstanding anything contained herein to the contrary, Developer may, at its
option, upon written notice to City, either (i) terminate this Agreement as to the applicable parcel and neither
City nor Developer shall have any further obligation to the other pursuant to this Agreement as to that
parcel, except as otherwise provided herein, or (ii) waive such objection, in which case such objection shall
become a Permitted Exception, and thereafter proceed to the Closing according to the terms of this
Agreement. Any matter disclosed on the Title Commitment that is waived or not objected to by Developer
shall be deemed a “Permitted Exception.”
Page 110 of 163
8. Property Taxes and Assessments. City shall be responsible for the payment of all real
estate taxes and assessments that become due and payable prior to Closing, without proration. Developer
shall be responsible for the payment of all real estate taxes and assessments that become due and payable
after Closing, without proration.
9. Survey. Developer at its own expense may obtain a survey of any or all of the Project
Properties, and Developer Buyer or its surveyor or other agents may enter any of the Project Properties for
that purpose prior to Closing. If no survey is obtained, Developer agrees that Developer is relying solely
upon Developer's own judgment as to the location, boundaries, and area of the Project Properties and
improvements thereon without regard to any representations that may have been made by City or any other
person. In the event that a survey by a registered land surveyor made prior to Closing discloses an
encroachment or substantial variation from the presumed land boundaries or area, City shall have the option
of affecting a remedy within thirty (30) seven (7) days after disclosure, or terminate this Agreement as to
that Parcel. Developer may elect to purchase the Project Properties subject to said encroachment or
variation.
10. Inspection Period. At Developer’s sole option and expense, Developer and Developer’s
agents may conduct inspections of each of the Project Properties within thirty (30) days after the Effective
Date (“Inspection Period”). Developer’s inspection under this Paragraph may include, by way of example
but not limitation, inspections of any existing improvements to each Parcel, other systems servicing the
Parcel, zoning, and the suitability for Developer’s intended purposes for each Parcel. If Developer, in
Developer’s reasonable discretion, is not satisfied with the results of the inspections for any reason,
Developer shall notify City in writing of Developer’s intention prior to expiration of the 30-day Inspection
Period. If Developer so notifies City, this Agreement shall be terminated as to that Parcel and have no
further force and effect. If no written objection is made by Developer within the stated period, this
inspection contingency shall be deemed to be waived by Developer and the parties shall proceed to Closing
in accordance with the terms of this Agreement.
11. Condition of Project Properties. City and Developer acknowledge and agree that each
Parcel in the Project Properties is being sold and delivered “AS IS”, “WHERE IS” in its present condition.
Except as specifically set forth in this Agreement or any written disclosure statements, City has not made,
does not make, and specifically disclaims any and all representations, warranties, or covenants of any kind
or character whatsoever, whether implied or express, oral or written, as to or with respect to (i) the value,
nature, quality, or condition of any of the Project Properties, including without limitation, soil conditions,
and any environmental conditions; (ii) the suitability of the Project Properties for any or all of Developer’s
activities and uses; (iii) the compliance of or by the Project Properties with any laws, codes, or ordinances;
(iv) the habitability, marketability, profitability, or fitness for a particular purpose of the Project Properties;
(v) existence in, on, under, or over the Project Properties of any hazardous substances; or (vi) any other
matter with respect to the Project Properties. Developer acknowledges and agrees that Developer has or
will have the opportunity to perform inspections of the Project Properties pursuant to this Agreement and
that Developer is relying solely on Developer’s own investigation of the Project Properties and not on any
information provided to or to be provided by City (except as specifically provided in this Agreement). If
the transaction contemplated herein closes, Developer agrees to accept the respective Project Properties
acquired by Developer and waive all objections or claims against City arising from or related to such Project
Properties and any improvements thereon except for a breach of any representations or warranties or
covenants specifically set forth in this Agreement. In the event this transaction closes, then subject to City’s
express representations, warranties, and covenants in this Agreement, Developer acknowledges and agrees
that it has determined that the respective Project Properties it has acquired and all improvements thereon
are in a condition satisfactory to Developer based on Developer’s own inspections and due diligence, and
Developer has accepted such Project Properties in their present condition and subject to ordinary wear and
Page 111 of 163
tear up to the date of Closing. The terms of this Paragraph shall survive the Closing and/or the delivery of
the deed.
12. Developer’s Representations and Warranties of Developer. Developer represents,
covenants, and warrants the following to be true:
a. Authority. Developer is a Michigan domestic limited liability company doing
business as Green Rabbit Home Builders. Developer has the power and authority to enter into and
perform Developer’s obligations under this Agreement.
b. Litigation. No judgment is outstanding against Developer and no litigation, action,
suit, judgment, proceeding, or investigation is pending or outstanding before any forum, court, or
governmental body, department or agency or, to the knowledge of Developer, threatened, that has
the stated purpose or the probable effect of enjoining or preventing the Closing.
c. Bankruptcy. No insolvency proceeding, including, without limitation, bankruptcy,
receivership, reorganization, composition, or arrangement with creditors, voluntary or involuntary,
affecting Developer or any of Developer's assets or properties, is now or on the Closing Date will
be pending or, to the knowledge of Developer, threatened.
13. Conditions Precedent. This Agreement and all of the obligations of Developer under this
Agreement are, at Developer’s option, subject to the fulfillment, before or at the time of the Closing, of
each of the following conditions:
a. Performance. The obligations, agreements, documents, and conditions required to
be signed and performed by City shall have been performed and complied with before or at the date
of the Closing.
b. City Commission Approval. This Agreement is approved by the Muskegon City
Commission.
b. c. Parcel Combination and Split. City shall combine one or more Parcels
and split the Parcels creating a total of 15 Parcels, as described in Exhibit C.
14. Default.
a. By Developer. In the event Developer fails to comply with any or all of the
obligations, covenants, warranties, or agreements under this Agreement and such default is not
cured within thirty (30) ten (10) days after receipt of notice (other than Developer’s failure to tender
the purchase price in full at Closing, a default for which no notice is required), then City may
terminate this Agreement.
b. By City. In the event City fails to comply with any or all of the obligations,
covenants, warranties or agreements under this Agreement, and such default is not cured within
thirty (30) ten (10) days after receipt of notice, then Developer may either terminate this Agreement
or Developer may pursue its legal and/or equitable remedies against City including, without
limitation, specific performance.
15. Closing.
a. Date of Closing. The closing date of this sale shall be as mutually agreed by the
parties, but in no event later than thirty (30) days after the Inspection Period 60 days from the City
Page 112 of 163
Commission’s approval of the sale (“Closing”), unless this Agreement is terminated in accordance
with its provisions. The Closing shall be conducted at such time and location as the parties mutually
agree.
b. Costs. The costs associated with this Agreement and the Closing shall be paid as
follows: (i) Developer shall pay any state and county transfer taxes in the amount required by law;
(ii) City shall pay the premium for the owner’s Title Policy, provided that Developer shall pay for
any and all endorsements to the Title Policy that Developer desires; (iii) City shall be responsible
to pay for the recording of any instrument that must be recorded to clear title to the extent required
by this Agreement; (iv) Developer shall pay for the cost of recording the deed; (v) City shall the
costs to combine Parcels and split Parcels; and (vi) Developer and City shall each pay one-half of
any closing fees charged by the Title Company.
c. Deliveries. At Closing, City shall deliver fifteen (15) a quit claim deeds, one for
each Parcel, for the Project Properties and Developer shall pay the purchase price. The quit claim
deeds to be delivered by City at closing shall include the City’s Right of Reversionary Interest
described in Paragraph 4 above. The parties shall execute and deliver such other documents
reasonably required to effectuate the transaction contemplated by this Agreement.
16. Real Estate Commission. Developer and City shall each be responsible for any fees for
any real estate agents, brokers, or salespersons regarding this sale that it has hired, but shall have no
obligation as to any fees for any real estate agents, brokers, or salespersons regarding this sale that the other
party has hired.
17. Notices. All notices, approvals, consents and other communications required under this
Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii) when sent by
fax or email: (iii) when sent by a nationally-recognized receipted overnight delivery service with delivery
fees prepaid; or (iv) when sent by United States first-class, registered, or certified mail, postage prepaid.
The notice shall be effective immediately upon personal delivery or upon transmission of the fax or email;
one day after depositing with a nationally recognized overnight delivery service; and five (5) days after
sending by first class, registered, or certified mail.
Notices shall be sent to the parties as follows:
To City: City of Muskegon
Attn.: Samantha Pulos, Code Coordinator
933 Terrace Street
Muskegon, MI 49440
To Developer: Green Rabbit Home Builders
Attn.: __________________
1801 44th St SE
Grand Rapids, MI, 49058
Email: __________________
18. Miscellaneous.
a. Governing Law. This Agreement will be governed by and interpreted in
accordance with the laws of the state of Michigan.
Page 113 of 163
b. Entire Agreement. This Agreement constitutes the entire agreement of the parties
and supersedes any other agreements, written or oral, that may have been made by and between the
parties with respect to the subject matter of this Agreement, and specifically supersedes the
Purchase and Development Agreement approved by the Muskegon City Commission on May 28,
2024. All contemporaneous or prior negotiations and representations have been merged into this
Agreement.
c. Amendment. This Agreement shall not be modified or amended except in a
subsequent writing signed by all parties.
d. Binding Effect. This Agreement shall be binding upon and enforceable by the
parties and their respective legal representatives, permitted successors, and assigns.
e. Counterparts. This Agreement may be executed in counterparts, and each set of
duly delivered identical counterparts which includes all signatories, shall be deemed to be one
original document.
f. Full Execution. This Agreement requires the signature of all parties. Until fully
executed, on a single copy or in counterparts, this Agreement is of no binding force or effect and if
not fully executed, this Agreement is void.
g. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of any other provision of this Agreement.
h. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions of this Agreement shall not in any way be impaired or
affected.
i. No Reliance. Each party acknowledges that it has had full opportunity to consult
with legal and financial advisors as it has been deemed necessary or advisable in connection with
its decision to knowingly enter into this Agreement. Neither party has executed this Agreement in
reliance on any representations, warranties, or statements made by the other party other than those
expressly set forth in this Agreement.
j. Assignment or Delegation. Except as otherwise specifically set forth in this
Agreement, neither party shall assign all or any portion of its rights and obligations contained in
this Agreement without the express or prior written approval of the other party, in which approval
may be withheld in the other party's sole discretion.
k. Venue and Jurisdiction. The parties agree that for purposes of any dispute in
connection with this Agreement, the Muskegon County Circuit Court shall have exclusive personal
and subject matter jurisdiction and that Muskegon County is the exclusive venue.
This Agreement is executed effective as of the Effective Date set forth above.
CITY: DEVELOPER:
CITY OF MUSKEGON EB2 DEVELOPMENT LIMITED LIABILIOTY
COMPANYGREEN RABBIT HOME
BUILDERS
Page 114 of 163
By: _______________________________
Name: Ken Johnson
Title: Mayor By: _____________________________
Dated: ____________________________ Name: __________________________
Title: __________________________
Dated: __________________________
By: _______________________________
Name: Ann Marie Meisch
Title: City Clerk
Dated: ____________________________
Page 115 of 163
Exhibit A
The following described premises are currently owned by the City of Muskegon and will be combined and
split to create the Parcels to be Purchased by Developer and are located in the City of Muskegon, County
of Muskegon, State of Michigan, and legally described as follows:
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 11 BLOCK 22
Address: 505 ALVA ST, MUSKEGON, MI 49442
Parcel #: 61-24-205-022-0011-00
Price: $3,000.00
*Will be combined with 553 & 558 Jackson and then split into a minimum of 6 individual parcels.
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 2 & NORTH 150 FEET LOT 3
BLOCK 22
Address: 553 JACKSON AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-022-0002-00
Price: $3,375.00
*Will be combined with 505 Alva & 558 Jackson and then split into a minimum of 6 individual parcels.
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 EAST 1/2 LOT 19 & ALL LOTS 20 &
21 BLOCK 14
Address: 558 JACKSON AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-014-0020-00
Price: $3,375.00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 BLOCK 22
Address: 579 JACKSON AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-022-0001-00
Price: $3,000.00
*Will be combined with 505 Alva & 553 Jackson and then split into a minimum of 6 individual parcels.
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 WEST 66 FEET OF NORTH 132 FEET
LOT 1 BLOCK 21
Address: 601 JACKSON AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-021-0001-00
Price: $3,000.00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 6 EX NORTHLY 50 FEET BEING
50 FEET ON LANGLEY ST & 62.32 FEET ON EAST LINE SAID LOT 6 BLOCK 15
Address: 608 JACKSON AVE, MUSKEGON, MI 49442
Parcel #: 61-24-015-0006-10
Price: $3,000.00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1& 2 BLK 20
Address: 621 JACKSON AVE, MUSKEGON, MI 49442
Parcel #: 61-24-020-0001-00
Price: $3,375.00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 EAST 22 FEET LOT 11 & LOT 12
BLOCK 9
Address: 532 LEONARD AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-009-0012-00
Price: $3,000.00
Page 116 of 163
Exhibit B
The following described Parcels will be created by the City of Muskegon sold to Developer for the Purchase
Prices provided and are located in the City of Muskegon, County of Muskegon, State of Michigan, and
legally described as follows:
Page 117 of 163
Exhibit C
Construction Details
Page 118 of 163
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 11, 2024 Title: Sales Agreement for Nelson House
Submitted by: Jamie Pesch, Planner Department: Planning
Brief Summary:
Staff is submitting the formal Purchase Agreement for the previously approved project to relocate the
Nelson House.
Detailed Summary & Background:
The Muskegon Public Schools Board considered this sales agreement to formally convey the house to
the City at their June 4th regular meeting. The target date to move the house to the city owned lot at
382 West Muskegon Avenue is July 9th, with a rain date of July 10th.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Diverse housing types
Amount Requested: Budgeted Item:
$100.00 Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Public Improvement Fund Yes No N/A
Recommended Motion:
Motion to approve the Purchase Agreement as presented and to authorize the Mayor and Clerk to
sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Page 119 of 163
Legal Review
Page 120 of 163
HOUSE REMOVAL AND RELOCATION AGREEMENT
This Agreement is made effective June 4, 2024, by Muskegon Public Schools (formerly the School
District of the City of Muskegon and the Public Schools of the City of Muskegon), a Michigan general
powers school district organized and operating under the Revised School Code, MCL 380.1, et seq., as
amended, whose address is 1458 5th Street, Muskegon, Michigan 49441 (“MPS”), and the City of
Muskegon, a Michigan municipal corporation, whose address is 933 Terrace Street, Muskegon, Michigan
49440 (“City”), (individually, a “Party” and collectively, the “Parties”) with reference to the following
facts:
Background
A. MPS owns the real property located at 1292 Jefferson St, Muskegon, Michigan 49441, and as
legally described on the attached Exhibit A (the “Premises”). A vacant residential structure sits on the
Premises (the “House”).
B. The Parties have agreed to collaborate to remove and relocate the House from its current location
on the Premises to another location within the City of Muskegon (the “Project”).
C. The Parties wish to enter into this Agreement to define the rights and responsibilities regarding
the Project.
Therefore, for good and valuable consideration, the Parties agree as follows:
1. House Removal and Relocation; Purchase Price. MPS and City acknowledge and agree to
City’s proposed removal and relocation of the House from its current location on the Premises to another
location determined by City. The purchase price for the House shall be $100.00, which City shall pay to
MPS promptly following the full execution of this Agreement.
2. Obligation to Remove. Following full execution of this Agreement, City and City’s agents and
contractors shall have the right to enter the Premises and the House in order to remove the House and any
contents within the House as of the date of this Agreement. City shall be solely responsible for all costs
and liability associated with or related to the removal and relocation of the House. It shall be MPS’s sole
responsibility to restore the condition of the Premises following City’s removal of the House. City agrees
that the House shall be removed on or before July 10, 2024.
3. Utility Obligations. Prior to transfer of ownership of the House, the Parties shall reasonably
cooperate to ensure all utilities have been disconnected at the exterior of the House. It shall be the
responsibility of City, or City’s agents or contractors, to disconnect any wiring or plumbing within the
House to isolate the House from the basement and/or foundation and to work in consultation with the
applicable utility providers to coordinate other logistical issues related to the removal of the House. The
final remaining site should have all utilities removed and properly secured for filling the land in.
4. Removal Notice. City shall provide MPS with at least three (3) days’ notice of the date on which
City plans to remove the House from the Premises.
5. Permits for Moving House. City shall, at its own expense, obtain all required licenses and
permits for moving and relocating the House.
1
Page 121 of 163
6. Insurance. City shall obtain and maintain commercial liability insurance to protect against loss
or damage during the removal process. City shall require any contractor it engages to perform the
removal to obtain and maintain the same coverage. Limits of liability shall be at least $1,000,000 per
occurrence and each such policy shall name MPS as an additional insured.
7. Transfer of Ownership. In exchange for City’s obligation to relocate the House pursuant to the
terms of this Agreement, MPS agrees to execute a bill of sale transferring ownership of the House and its
contents to City, a copy of which is attached and incorporated herein as Exhibit B.
8. General Provisions.
a. Governing Law. This Agreement will be governed by and interpreted in accordance with the
laws of the state of Michigan.
b. Entire Agreement. This Agreement constitutes the entire agreement between the parties and
supersedes all prior agreements and understandings, both written and oral, with respect to the subject
matter hereof.
c. Amendment. This Agreement shall not be amended or modified except in a writing signed by the
Parties hereto.
d. Severability. If any provision of this Agreement or its application to any person or circumstance
shall be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected, and
each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
e. Counterparts. This Agreement may be executed in counterparts, and each set of duly delivered
identical counterparts which includes all signatories shall be deemed to be one original document.
2
Page 122 of 163
MPS – Muskegon Public Schools CITY – City of Muskegon
By: By:
Name: Matthew T. Cortez Name: Ken Johnson
Title: Superintendent Title: Mayor
Date: __________________ Date: __________________
By:
Name: Ann Meisch
Title: City Clerk
Date: __________________
3
Page 123 of 163
EXHIBIT A
Legal Descriptions
The following premises situated in the City of Muskegon, County of Muskegon, State of Michigan:
Lots 1, 11 and 12. Block 395, Revised Plat (of 1903) of the City of Muskegon, as recorded in Liber 3 of
Plats, Page 71.
Parcel No.: 61-24-205-395-0001-00
Commonly known as: 1292 Jefferson Street, Muskegon MI 49441
4
Page 124 of 163
EXHIBIT B
BILL OF SALE
Muskegon Public Schools (formerly the School District of the City of Muskegon and the Public Schools
of the City of Muskegon), a Michigan general powers school district organized and operating under the
Revised School Code, MCL 380.1, et seq., as amended, whose address is 1458 5th Street, Muskegon,
Michigan 49441 (“Seller”), for the purchase price of $100.00, transfers and assigns to the City of
Muskegon, a Michigan municipal corporation, whose address is 933 Terrace Street,
Muskegon, Michigan 49440(“Buyer”), the residential building on the real property located at 1292
Jefferson Street, Muskegon, Michigan 49441 (the “House”).
1. Seller represents and warrants that (a) Seller has the full right to sell and transfer the House,
and (b) to the best of Seller’s knowledge, title to the House is clear and unencumbered.
2. Buyer represents and warrants that Buyer has had the opportunity to inspect the House and that
it is being purchased in its “AS IS”, “WHERE IS” condition. No implied warranties of habitability,
quality, condition, fitness for a particular purpose, or any other implied warranties shall operate
between Seller and Buyer, and Buyer expressly waives any and all such implied warranties. Buyer is
responsible for all taxes and assessments that come due with regard to the House after the date of this
Bill of Sale.
The Parties have executed this Bill of Sale effective June 4, 2024.
MPS – Muskegon Public Schools CITY – City of Muskegon
By: By:
Name: Matthew T. Cortez Name: Ken Johnson
Title: Superintendent Title: Mayor
Date: __________________ Date: __________________
By:
Name: Ann Meisch
Title: City Clerk
Date: __________________
5
Page 125 of 163
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 11, 2024 Title: Gaming License Request from HUG MKG
(Help Us Give Muskegon)
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
HUG MKG is requesting a resolution recognizing them as a non-profit organization operating in the
City for the purpose of obtaining a Gaming License. They have been recognized as a 501(c)(3)
organization by the State.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
To approve the resolution.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 126 of 163
Page 127 of 163
Page 128 of 163
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 11, 2024 Title: Complete Streets Policy
Submitted by: LeighAnn Mikesell, Deputy City Department: Manager's Office
Manager
Brief Summary:
Staff requests approval of a new Complete Streets Policy
Detailed Summary & Background:
Staff from the Planning, Public Works, and Engineering Departments have developed a Complete
Streets Policy in an effort to further our goal to improve quality of life and economic vitality for our
residents, workers, and visitors. The Complete Streets Policy will enhance mobility, improve safety,
expand transportation access/choice, and build a healthy community. Benefits include reducing
vehicle miles traveled and increasing transportation by walking, bicycling, and public transportation
which help address a wide variety of challenges including pollution, climate change, traffic
congestion, social isolation, obesity, and physical inactivity.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Improved transportation connections
throughout the community
Amount Requested: Budgeted Item:
N/A Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A x
Recommended Motion:
To approve the Complete Streets Policy
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads x
Page 129 of 163
Communication
Legal Review x
Page 130 of 163
COMPLETE STREETS POLICY
EFFECTIVE: May 2024
Page 131 of 163
PURPOSE
The term complete street means designing, building, and operating streets to routinely accommodate
safe travel by all modes and all people. A complete street serves everyone who travels, be it by driving,
walking, bicycling, riding transit or other means while connecting to a larger transportation network.
People of all ages and abilities are able to safely move along and across streets, regardless of how they
are traveling. Complete streets are essential for access by people who cannot or choose not to drive.
Streets without safe access for non-motorized transportation represent a barrier for people who use
wheelchairs, and for older adults and children. A complete street may look quite different in different
locations within the same city, but all are designed to balance safety, access, and mobility for everyone
using the street.
The City of Muskegon recognizes the numerous benefits associated with the adoption of a Complete
Streets policy to enhance mobility, improve safety, expand transportation access/choice, and build a
healthy community. A Complete Streets approach to design contributes to an improved quality of life
and economic vitality for residents and businesses. Benefits include reducing vehicle miles traveled and
increasing transportation by walking, bicycling, and public transportation which help address a wide
variety of challenges including pollution, climate change, traffic congestion, social isolation, obesity, and
physical inactivity.
Complete Streets are an important component of transportation design and economic and community
development. They help create walkable and vibrant communities which attract and retain businesses
and residents. Complete Streets provide options to safely walk or bicycle to school, beaches, work,
parks, and other community destinations. All designs should be context-sensitive to meet the needs of
the community and surrounding area while emphasizing safe and accessible travel for all people.
Every city, state, and federally funded transportation improvement and project phase should be
approached as an opportunity to create safer, more accessible streets for all users. Project phases
include planning, programming, design, right-of-way acquisition, construction, construction engineering,
reconstruction, and operations as well as any change to transportation facilities within street rights-of-
way such as capital improvements, re-channelization projects, and major maintenance.
GOALS
The City of Muskegon maintains this policy with the goals of:
• Increasing safety and walkability of Muskegon’s streets;
• Using design methods that promote the safe use of the right of way for all modes of
transportation;
• Enabling healthier lifestyle choices by providing an expanding variety of safer and
convenient walking and bicycling options;
• Promoting a Complete Streets culture in Muskegon through education and events;
• Encouraging private sector economic development that will benefit from, and contribute to,
a more livable and vibrant community;
• Expanding the network of safe walking and bicycling routes to schools, beaches, parks, and
other community destinations;
• Connecting with other groups in Muskegon that have goals related to Complete Streets;
• Helping to address a wide variety of challenges including pollution, climate change, traffic
Page 132 of 163
congestion, social isolation, obesity, and physical inactivity.
OPERATIONAL GUIDELINES
1. COMMITMENT – the City of Muskegon views complete streets as integral to everyday transportation
options. To this end:
A. Complete Streets principles will continue to be incorporated into the City’s Master Land Use Plan,
Asset Management Plan, and Capital Improvement Plan as well as the City’s Street Design Standards
and other manuals, checklists, decision trees, rules, regulations, and programs as appropriate.
B. The Engineering, Public Works, Planning, and/or Public Safety Departments will review and
update current design standards, including subdivision regulations that apply to new roadway
construction, to ensure that they reflect the best available design guidelines, and effectively
implement complete streets.
C. When available, the City shall encourage staff professional development and training on non-
motorized transportation issues through attending conferences, classes, webinars, and workshops.
D. City staff shall identify all current and potential future sources of funding for street improvements
and recommend improvements to the project selection criteria to support complete streets
projects.
E. The City shall promote project coordination among its departments and other agencies with an
interest in the activities that occur within the public right-of-way in order to better use fiscal
resources. City staff will coordinate with Muskegon Area Transit System, the West Michigan
Shoreline Regional Development Commission, and other transportation supporters to identify
bicycle, pedestrian, and transit planning and design opportunities appropriate to each project.
F. An annual report will be prepared for the City Commission by the Deputy City Manager showing
progress made implementing this policy.
2. DESIGN – the design and development of the transportation infrastructure shall improve conditions
for transit users, motorists, bicyclists, pedestrians, and other users through the following steps:
A. Plan projects for the long-term. Transportation improvements are long-term investments that
remain in place for many years. The design and construction of new facilities should anticipate likely
future demand for transit, bicycling, and walking facilities and not preclude the provision of future
improvements.
B. Address the need for bicyclists and pedestrians to cross corridors as well as travel along them.
Even where bicyclists and pedestrians may not commonly use a particular corridor that is being
improved or constructed, they will likely need to be able to cross that corridor safely and
conveniently. Therefore, the design of intersections and interchanges shall accommodate bicyclists
and pedestrians in a manner that is safe, accessible, and convenient.
C. Design facilities per the city’s street design standards. Regularly update design standards to
comply with the best currently available standards and guidelines, such as:
Page 133 of 163
• National Association of City Transportation Officials (NACTO) Urban Street Design Guide.
• SmartCode;
• AASHTO Guide for the Development of Bicycle Facilities;
• AASHTO’s A policy on Geometric Design of Highways and Streets;
• AASHTO’s Guide for the Planning, Design, and Operation of Pedestrian Facilities;
• SUDAS: State Urban Design and Specifications Manual;
• Federal Highway Administration’s Manual on Uniform Traffic Control Devices for Streets and
Highways;
• ITE Recommended Practice Context Sensitive Solutions in Designing Major Urban
Thoroughfares for Walkable Communities; and,
3. EXCEPTIONS – pedestrian and bicycle ways and transit considerations shall be established in new
construction and reconstruction of street and bridge projects within the City of Muskegon unless at least
one of three conditions are met:
A. Bicyclists and pedestrians are prohibited by law from using the roadway. In this instance, a
greater effort may be necessary to accommodate all users (bicyclists, motorists, transit vehicles and
users, and pedestrians of all ages and abilities) elsewhere within the right-of-way or within the same
transportation corridor.
B. The cost of establishing bikeways and walkways would be excessively disproportionate to the
need or probable use or exceed budget costs. Excessively disproportionate is defined as exceeding
twenty percent of the cost of the larger transportation project. However, the twenty percent
threshold is a guideline; in areas where high levels of bicycle and pedestrian traffic are anticipated,
the threshold for “excessively disproportionate” could be much higher. In cases where the
additional cost is considered excessively disproportionate, the project sponsor may propose an
alternate design or spend twenty percent of the project cost of the larger project to improve
accommodations for all users.
C. Where sparsity of population or other factors indicate an absence of future need such as a street
with severe topographic or natural resource restraints.
Exception requests shall be reviewed and granted or denied by the Public Works Director in
consultation with the Development Services Director. Documentation of any granted exceptions
shall be made publicly available through the Freedom of Information Act.
4. JURISDICTION - This Complete Streets Policy shall apply to all City owned streets and land within
public right-of-way. All Complete Streets improvements must be coordinated between all relevant City
of Muskegon departments such as Engineering, Public Works, Planning, Parks, and Public Safety.
All new private development projects which propose improvements within the public right-of-way shall
comply with this Complete Streets policy. Approval of necessary permits is contingent upon meeting the
Complete Streets requirements. Private development projects proposing privately owned rights-of-way
shall be reviewed for consistency with the Complete Streets policy as part of the approval process.
Owners of private streets shall also be required to adhere to this policy since those streets may become
public right-of-way in the future.
Page 134 of 163
The State of Michigan controls several principal transportation corridors that traverse Muskegon. The
City shall work cooperatively with the Michigan Department of Transportation to plan and implement
Complete Streets improvements within these rights-of-way.
The Michigan Department of Transportation Complete Streets Policy shall be applied to all planning,
design, construction, and major maintenance within State controlled rights-of-way.
Utility companies operate within City and State rights-of-way. Their planning, construction, and major
maintenance can create both opportunities and barriers to Complete Streets improvements. The City
shall coordinate with the utilities to ensure that utility projects and Complete Streets improvements are
coordinated wherever possible.
5. LAND USE AND CONTEXT – land use context and flexibility shall be considered relative to potential
Complete Streets improvements. The overall goal of this approach is to preserve and enhance scenic,
aesthetic, historical, and environmental resources while improving or maintaining safety, mobility, and
infrastructure conditions.
It is the intent of this Policy that the City of Muskegon’s Planning Director and the Planning Commission
will endeavor to incorporate Complete Streets policies into the Master Plan, zoning regulations,
subdivision regulations, and all other relevant planning and regulatory documents to help support the
community's Complete Streets vision. Additionally, the Planning Commission is encouraged to review all
private development proposals with the goal of helping facilitate the community’s Compete Streets
vision.
All City projects that have land use considerations, such as civic building location decisions, property
acquisition, park planning, etc., shall consider how such actions may impact the community’s Complete
Streets vision. Where feasible, biking and walking to municipally-owned facilities shall be encouraged
and facilitated.
6. PERFORMANCE MEASURES – using performance measures to evaluate the progress of the Complete
Streets Policy is a valuable and essential part of successfully implementing safer, more complete streets.
The City will publicly report on the annual increase or decrease for each performance measure
compared to the previous year(s). These measures can include:
• Rate of crashes, injuries and fatalities by mode;
• Percentage of transit stops accessible via sidewalks and accessible ramps;
• Number of approved and denied exceptions;
• Completion of Safe Routes to School projects;
• Total miles of on-street bicycle lanes;
• Total miles of off-street bicycle facilities;
• Bicycle and pedestrian counts;
• Number and type of traffic calming measures implemented;
• Congestion studies; and,
• Other relevant measures.
Page 135 of 163
COMPLETE STREETS POLICY IMPLEMENTATION
The implementation of Complete Streets will require cooperation and collaboration between
stakeholders on a regular basis. As such, the City will take the following steps to facilitate the process:
• The Deputy City Manager will oversee the implementation of the Complete Streets policy.
• The Planning Director and Planning Commission will review and propose revisions to all
appropriate land use ordinances, policies, and regulations to support the implementation of
Complete Streets.
• The Public Works and Engineering Departments will establish necessary procedures to ensure
the application of Complete Streets principles at the earliest design stage.
• The City Manager will encourage staff professional development in the area of Complete Streets
through attendance at seminars, conferences, and workshops.
• The City Commission will support staff in actively promoting public information and education
and soliciting feedback about Complete Streets from the community using outreach strategies
that make use of natural gathering spaces and the City’s social media pages and website.
AMENDMENTS:
Any amendments to this policy will be submitted to the City Commission.
Document edit notes
Action Person Date Change
New L. Mikesell New policy
Page 136 of 163
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 11, 2024 Title: Request for an Industrial Facilities Exemption
Certificate - Forming Technologies, LLC - 2675
Olthoff Drive
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
Forming Technologies, LLC has requested an Industrial Facilities Tax Exemption Certificate. The
company will be making an investment of $16,000,000 in real property improvements and plans on
creating up to 72 jobs over four years as part of the overall project, qualifying them for a 12-year
abatement.
Detailed Summary & Background:
Forming Technologies, LLC (Form Tech) is a manufacturing facility, founded in November 2004,
providing customized pallets, lids, and shipping products using a thermoforming process.
In partnership with Bluewater Industrial Development, LLC, Form Tech will begin construction of a new
facility starting September 2024. The new 195,000 sq. ft building will house the plastic extrusion and
thermoforming business and its associated offices. The total real property investment is $16,000,000.
This project will create 72 more jobs over the next four years.
Staff Comments:
There is an established Industrial Development District on this site since July 26, 1983, that
encompasses the Port City Industrial Park and is included in the agenda packet.
The IFT committee reviewed the applicant's project on May 29, 2024, and based on their findings and
calculations, the committee suggests approval of the attached resolution for a term of 12 years for
real property. The company has turned in all the necessary documents.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diversity reflected in businesses and business owners
Progress toward completion of ongoing economic development projects
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Progress toward new and ongoing
economic development projects
Amount Requested: Budgeted Item:
$2,116,659 in Abated taxes over 12 years Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Page 137 of 163
N/A Yes No N/A X
Recommended Motion:
I move to close the public hearing and approve the attached resolution granting an Industrial
Facilities Exemption Certificate for a term of 12 years for real property to Forming Technologies, LLC
and to authorize the Mayor and Clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head Yes
Information
Technology
Other Division Heads
Communication
Legal Review
Page 138 of 163
Page 139 of 163
Page 140 of 163
PLANNING DEPARTMENT
CITY OF MUSKEGON
receipt 12006803
933 TERRACE STREET
MUSKEGON, MI 49440
06/05/24
Cashier: WENDY.WEBSTER
ReceivedFORMING
Of: TECHNOLOGIES
PA198 APP FEE
2675 OLTHOFF DRIVE
The sum of: 1,722.00
18 TAX ABATEMENT APP FEES 1,722.00
Total 1,722.00
TENDERED: CHECK 6767 1,722.00
Signed:
Page 141 of 163
Page 142 of 163
Resolution No. _______ MUSKEGON
CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE OF INDUSTRIAL
FACILITIES EXEMPTION CERTIFICATE Forming Technologies, LLC
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed public
hearing held on June 11, 2024 this Commission by resolution established
an Industrial Development District as requested by Forming Technologies,
LLC, 2675 Olthoff Drive, Muskegon, Michigan 49441; and
WHEREAS, Forming Technologies, LLC has filed an application for the issuance
of an Industrial Facilities Tax Exemption Certificate with respect to the
creation of a new facility and new machinery and equipment to be installed
within said Industrial Development District; and
WHEREAS, before acting on said application the Muskegon City Commission held
a public hearing on June 11, 2024 at the Muskegon City Hall in Muskegon,
Michigan at 5:30 p.m. at which hearing the applicant, the assessor and
representatives of the affected taxing units were given written notice and
were afforded an opportunity to be heard on said application; and
WHEREAS, the creation of a new facility and installation of machinery and
equipment is calculated to and will have the reasonable likelihood to retain,
create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes
within the City of Muskegon, will not exceed 5% of an amount equal to the
sum of the SEV of the local government unit, plus the SEV of personal and
real property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City
Commission of the City of Muskegon, Michigan that:
1) The Muskegon City Commission finds and determines that the
Certificate considered together with the aggregate amount of
certificates previously granted and currently in force under Act No. 198
of the Public Act of 1974 as amended and Act No. 255 of the Public
Acts of 1978 as amended shall not have the effect of substantially
impeding the operation of the City of Muskegon or impairing the
financial soundness of a taxing unit which levies ad valorem property
taxes in the City of Muskegon.
2) The application of Forming Technologies, LLC, for the issuance of an
Industrial Facilities Tax Exemption Certificate with respect to the
building construction and installation of new machinery and equipment
on the following described parcel of real property situated within the
City of Muskegon to wit:
Page 143 of 163
CITY OF MUSKEGON PLAT OF PORT CITY INDUSTRIAL PARK NO
6 LOT 69 AND THAT PART OF LOT 68 DESC AS BEG AT S 1/4 COR
SEC 35 ALSO BEING THE SE COR LOT 69 FOR POB TH N 89D 14M
02S W A DIST OF 633.62 FT TO SW COR OF LOT 69 OF PLAT OF
PORT CITY INDUSTRIAL PARK NO 6 TH N 01D 28M 35S E ALG
THE W LN LOT 69 A DIST OF 889.87 FT TO THE NW COR LOT 69
TH S 89D 07M 07S E 633.38 FT TO THE NW COR OF LOT 68 TH S
01D 23M 20S W A DIST OF 99.95 FT TH S 89D 06M 57S E A DIST
OF 149.54 FT TH S 01D 28M 35S W A DIST OF 788.13 FT TH N 89D
15M 10S W A DIST OF 141.58 FT TO THE N 1/4 COR SEC 2 T9N
R16W TH S 89D 14M 02S W A DIST OF 7.91 FT TO THE POB SUBJ
TO ACCESS ESMT AGREEMENT L/P 4316/393
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be
and remain in force and effect for a period of twelve (12) years on real
property.
Adopted this 11 Day of JUNE 2024
Ayes:
Nays:
Absent:
BY: ________________________________
Ken Johnson Mayor
ATTEST: ___________________________
Ann Meisch, MMC Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a
resolution adopted by the Muskegon City Commission, County of Muskegon,
Michigan, at a regular meeting held on June 11, 2024.
__________________________
Ann Meisch, MMC Clerk
Page 144 of 163
City of Muskegon
Industrial Facilities Exemption Application
Summary Sheet
Project Summary:
Forming Technologies, LLC, an existing manufacturing company located at 1885 E. Laketon Avenue,
Muskegon, Michigan, is constructing a new 195,000 sq. ft. facility at 2675 Olthoff Drive, Muskegon, MI
49444. The company does plastic extrusion and thermal forming. Forming Technologies is investing
$16,000,000 in real property which makes it eligible for a twelve (12) year exemption for real property.
Employment Information:
Racial Characteristics:
White: 60
Minority: 33
Total: 93
Gender Characteristics:
Male: 84
Female: 9
Total: 93
Total No. of Anticipated New Jobs: 72
Investment Information:
Real Property: $16,000,000
Total: $16,000,000
Property Tax Information (Annual) All Jurisdictions City Only
Total New Taxes Generated $500,040 $102,334
Value of Abatement $226,020 $51,167
Total New Taxes Collected $274,020 $51,167
Income Tax Information: (Annual)
Total Additional Income Tax Generated: $16,250
Company Requirements:
Adopted Affirmative Action Policy Yes No
Meeting w/ City Affirmative Action Director Yes No
Signed Tax Abatement Contract Yes No
Taxes Paid In Full Yes No
Zoning Conflicts Yes No
___________________________ __________________________
Jocelyn Hines Dwana Thompson
Development Analyst Affirmative Action Director
Page 145 of 163
CITY OF MUSKEGON
CONTRACT FOR TAX ABATEMENT
Act 198 Public Acts of 1974
AGREEMENT between CITY OF MUSKEGON, a municipal corporation
of 933 Terrace Street, Muskegon, Michigan 49440, (“City”) and Forming
Technologies, LLC ("Company').
Recitals:
A. The Company has applied to City for the establishment of an industrial
development district or industrial rehabilitation district pursuant to the provisions of
Act198 of the Public Acts of 1974, as amended, which act requires a contract
between the City and the Company to be agreed and submitted with the Company’s
subsequent anticipated application for an industrial facilities exemption certificate.
B. That in addition to the statutory requirement, the City has determined that it
is in the best interests of the taxpayers, property owners and residents of the City
that this Agreement be approved and executed prior to the establishment of the
requested district, and the City deems this Contract, together with the conditions set
forth in the said Act to constitute a necessary element in the City’s determination
whether or not to create the district.
C. The Company intends to install the project set forth in its application
(“project”) which it believes qualifies for the process of establishing the district and
the application for industrial facilities exemption certificate.
D. The City, provided this Agreement is executed, will determine whether to
create the district based upon the potential for the production of permanent jobs, the
continuation, stabilization or increase of economic activity, planning and zoning
considerations and the City’s general plan and intentions regarding economic
development. In addition to the City policy considerations and predictions that the
Company’s proposed district and certificate benefit the community in those ways,
the City has further determined that the contractual commitments made by the
Company to thereby assist the community shall be binding on the Company and
necessary to continue the tax exemption made possible by the certificate.
E. This contract shall become effective upon the issuance of an Industrial
Facilities Tax Exemption Certificate.
NOW THEREFORE THE PARTIES AGREE:
Page 146 of 163
1. COMPANY AGREEMENT. The Company irrevocably commits to the
investment, job retention and job creation promises made in its application, a copy of
which is attached hereto and incorporated herein. In particular the Company agrees:
1.1 That 100% of the jobs shall be filled and in existence with full-time
employees by a date no later than two (2) years from the date of the granting of
the certificate by the State Tax Commission, subject to the provisions of section
3.4 of this agreement.
1.2 That the amount of jobs listed on the application, whether new or retained,
will be maintained through the life of the abatement, subject to the provisions of
section 3.4 of this agreement.
1.3 The Company shall meet the affirmative action goal included in the
application or in any documents supplied by the City and utilized by the
Company, including any additional representations made to the City Commission
on or before the date two (2) years after the granting of the certificate by the
State Tax Commission. It shall maintain the said levels of employment diversity
during the period of the certificate, subject to the provisions of section 3.4 of this
agreement.
1.4 The Company, by the end of two (2) years from the date of the grant of the
certificate by the State Tax Commission shall have completed the investment of
$16MM in improvements as shown in the application, subject to the provisions
of section 3.4 of this agreement.
1.5 That the improvements and equipment to receive the tax abatement treatment
shall be completed on or before the date two (2) years from the date of granting
of the certificate by the State Tax Commission.
1.6 The Company shall pay its specific taxes required by the act in a timely
manner, and shall not delay payments so as to incur any penalties or interest.
1.7 The Company shall fully cooperate with the City representatives in supplying
all requested and required documentation regarding jobs, investment, the meeting
of all goals and the timely installation and utilization of equipment and
improvements. The City shall be entitled to inspect at reasonable hours the
Company’s premises where the said improvements and equipment have been
installed and where the said jobs are performed.
1.8 The Company shall maintain, during the entire period for which the tax
abatement is granted, the level of jobs, affirmative action goals, production and
utilization of the improvements and equipment at the site where the district has
been created and for which the tax exemption has been granted.
Page 147 of 163
1.9 The Company shall not cause or fail to cure the release of any hazardous
substance, or the violation of any environmental law on its premises in the City.
It shall report any releases to the appropriate governmental authority in a timely
and complete manner, and provide copies of said report documentation to the
City. It shall comply with all orders and actions of any governmental agency
having authority.
1.10 The Company shall maintain the equipment and improvements so as
to minimize physical or functional obsolescence.
1.11 The Company shall continue to operate its business location in the
City, containing the same number of and type of jobs, for the term of the
certificate.
2. AGREEMENT BY THE CITY. Provided this contract has been executed
and further provided all applications to create the district and achieve the industrial
facility exemption certificate have been properly filed, the City shall, in a timely
manner, determine in a public meeting to whether to create the district and whether
to receive, process, and approve thereafter the Company’s application for an
industrial facilities exemption certificate. The City may consider this contract in a
meeting separate from and prior to the meeting in which the City considers the
creation of the district and/or approval of the application for certificate. Further, the
City shall require the submission of this contract signed by the Company together
with its applications, before creating the district.
3. EVENTS OF DEFAULT. The following actions or failures to comply shall
be considered events of default by the Company:
3.1 Failure to meet any of the commitments set forth above.
3.2 The closing of the Company’s facilities in the City. Closing shall mean for
purpose of this Agreement, the removal, without transfer to another site within
the City of substantially all of the production facilities, and the elimination of
substantially all the jobs created or retained thereby, which are set forth in the
Company’s application.
3.3 Failure to afford to the City the documentation and reporting required.
3.4 The failure to create or retain jobs, meet affirmative action goals or expend
the funds on equipment and improvements as represented in the application
within the times required hereby, unless the company can show that there has
been a loss of revenue and employment due to circumstances beyond the control
of the company. In order to make that showing the company shall have the
burden of supplying, to the City's satisfaction, complete and convincing
documentation supporting and justifying reductions in investment, failures to
Page 148 of 163
attain affirmative action goals or job losses, such as, without limitation, written
evidence of lost contracts, accounting information showing reduced revenues due
to the loss of business, (not due to diversion of production to affiliate companies
or divisions of the company), production records showing reduced quantities
over significant periods of time, and such other information required by the City
to support the Company's claim that the failure to invest, failure to achieve
affirmative action goals, or loss of jobs should not form the basis for a finding of
default.
3.5 The bankruptcy or insolvency of the Company.
3.6 The failure to pay any and all taxes and assessments levied on the Company’s
property or any other taxes, local, state or federal, including but not limited to
City income taxes and the withholding of said City income taxes from employees
as required by the City Income Tax Ordinance.
3.7 The performance or omission of any act which would lead to revocation
under MCLA 207.565, being §15 of the Act.
3.8 The violation of any provisions, promises, commitments, considerations or
covenants of this Agreement.
4. REMEDIES ON DEFAULT. In the event of any of the above defaults the
City shall have the following remedies which it may invoke without notice, except as
may be reasonably required by the Company’s rights to due process:
4.1 In the event of closing as determined after investigation of the facts and a
public hearing, the Company shall be immediately liable for penalties to be paid
forthwith to the city as determined as follows:
4.1.1 The Company shall pay to the City for prorata distribution to the
taxing units experiencing the abatement, an amount equal to the difference
between the industrial facilities tax which it has paid, and the total property
taxes to the relevant taxing units which it would have paid, given its
installations of improvements and equipment, during the years for which the
certificate was in effect.
4.1.2 Immediate Revocation. The Company hereby consents to revocation
to the IFT certificate before the State Tax Commission, without hearing, and
the City shall submit a copy of this Agreement to the State Tax Commission
in connection with its revocation procedure, giving notice that the default has
occurred and immediate revocation should occur.
4.2 In the event the improvements and equipment have not been installed before
the two (2) year period, in addition to the revocation procedures before the State
Page 149 of 163
Tax Commission, the abatement should immediately be reduced by the City
proportionately, and any installations which have not been finished at the end of
said two (2) year period shall not be eligible for the abatement thereafter and
shall be placed on the regular tax roll.
4.3 Failure to Expend the Funds Represented. In the event, (whether or not the
installations have been completed), the Company has not expended the funds it
has represented on its application that it would invest for the installation of
equipment, the abatement shall be reduced prorata, and any remaining value of
equipment shall be placed on the regular tax roll, unless the company can show,
through receipts, etc. that the cost of the equipment was actually less than the
amount estimated by the company (i.e., the same equipment was purchased as
listed in the IFT application, but the bids came in less then expected).
4.4 Job Creation and Retention. In the event the promised number of jobs have
not been created or retained at the end of the two (2) years after the grant of the
certificate by the State Tax Commission, the abatement shall be proportionately
reduced, unless the company can show that the loss of jobs, or inability to hire as
many people as expected, is due to circumstances beyond the control of the
company (such as an economic downturn).
4.5 Affirmative Action Goals. In the event, after one (1) year from the grant of
the certificate by the State Tax Commission, the affirmative action goals of the
City for additional jobs have not been met on a prorata basis, the abatement shall
be revoked.
4.6 For other violations of this Agreement or for actions or omissions by the
Company amounting to grounds for revocation by statue, the City shall
recommend to the State Tax Commission immediate revocation of the certificate.
4.7 Special Assessment. For any amount due to be paid to the City, under this
Section 4, the Company consents that the City shall have a personal action
against the Company for the said amount, and in addition, cumulatively, and not
by election, the City shall have a special assessment lien on all the property of
the Company personal and real, located in the City, for the collection of the
amounts due as and in the manner of property taxes and in such case the
collection of the said special assessment shall be accomplished by addition by
the City to the Company’s property tax statement regularly rendered.
5. Governing Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of Michigan applicable to contracts made and
to be performed within the State of Michigan.
Page 150 of 163
6. Counterparts. This Agreement may be executed in one or more counterparts.
Notwithstanding such execution all such counterparts shall constitute one and the
same Agreement.
7. Benefit. This Agreement shall be binding upon and inure to the benefit of
the respective parties, their successors and personal representatives.
8. Effective Date. This Agreement shall be effective on the date the State of
Michigan Tax Commission grants the company at Industrial Facilities Exemption
Certificate.
CITY OF MUSKEGON
By_____________________
Ken Johnson, Mayor
and__________________
Ann Meisch,Clerk
By___________________________
Its______________________ and__________________________ Its____________
Page 151 of 163
6/3/24, 2:28 PM about:blank
Muskegon County Property Report
Area of Interest (AOI) Information
Area : 676,670.45 ft²
Jun 3 2024 14:27:13 Eastern Daylight Time
about:blank 1/3
Page 152 of 163
6/3/24, 2:28 PM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 3 676,670.71 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
2675
61-24-696-
1 24 15.53 15.64 2675 No Data OLTHOFF MUSKEGON
000-0069-00
DR
2653
61-24-696-
2 24 9.93 9.98 2653 No Data OLTHOFF MUSKEGON
000-0070-00
DR
Property Property Owner Owner
Owner Owner Owner Care Owner
# Address Address Zip Address Address
Name 1 Name 2 Of Address
State Code City State
933
CITY OF
1 MI 49444 No Data No Data TERRACE MUSKEGON MI
MUSKEGON
ST
2653
7300 CLYDE BYRON
2 MI 49444 OLTHOFF No Data No Data MI
PARK SW CENTER
DRIVE LLC
Owner State PRE Property School
Assessed Taxable Property
# Address Zip Equalized Homestead Class District
Value Value Class Code
Code Value Pct Description Code
Commercial
1 49440 0.00 0.00 0.00 0 202 61190
- Vacant
Industrial -
2 49315 1,491,100.00 1,491,100.00 1,209,586.00 0 301 61190
Improved
about:blank 2/3
Page 153 of 163
6/3/24, 2:28 PM about:blank
Zoning per Assessor
# School District Name Tax Description Area(ft²)
Primary
PROPERTY EXEMPT
FROM AD VALOREM
TAXES AND ASSESSED
ON THE SPECIAL ACT
ROLL PURSUANT TO PA
261 OF 2003 EXPIRING
12/30/2024. CITY OF
MUSKEGON PLAT OF
PORT CITY INDUSTRIAL
PARK NO 6 LOT 69 AND
THAT PART OF LOT 68
DESC AS BEG AT S 1/4
COR SEC 35 ALSO BEING
THE SE COR LOT 69 FOR
POB TH N 89D 14M 02S W
A DIST OF 633.62 FT TO
SW COR OF LOT 69 OF
PLAT OF PORT CITY
ORCHARD VIEW INDUSTRIAL PARK NO 6
1 I-2 676,670.45
SCHOOLS TH N 01D 28M 35S E ALG
THE W LN LOT 69 A DIST
OF 889.87 FT TO THE NW
COR LOT 69 TH S 89D
07M 07S E 633.38 FT TO
THE NW COR OF LOT 68
TH S 01D 23M 20S W A
DIST OF 99.95 FT TH S
89D 06M 57S E A DIST OF
149.54 FT TH S 01D 28M
35S W A DIST OF 788.13
FT TH N 89D 15M 10S W A
DIST OF 141.58 FT TO
THE N 1/4 COR SEC 2 T9N
R16W TH S 89D 14M 02S
W A DIST OF 7.91 FT TO
THE POB SUBJ TO
ACCESS ESMT
AGREEMENT L/P 4316/393
CITY OF MUSKEGON
THAT PART OF PORT
CITY INDUSTRIAL
CENTER #6 LOT 70 COM
NW COR LOT 70 TH S 89D
56M E 213.38 FT ALG N LN
ORCHARD VIEW SD LOT TO POB TH S 89D
2 I-2 0.25
SCHOOLS 56M 486.77 FT TH S 00D
45M W 891.09 FT ALG E
LN SD LOT TO S LN SEC
35 & SD LOT TH S 89D
59M W ALG S LN 487.73
FT TH N 00D 45M E TO
POB
©2020 Muskegon County GIS Data reported herein is believed to be accurate and up to date, however Muskegon County and Muskegon County GIS make no warranty
to the accuracy of the data. It is advised that before any decisions are made from this data, that the local assessor or building officials are contacted.
about:blank 3/3
Page 154 of 163
Page 155 of 163
May 24, 2024
Johnathan Seyferth
City of Muskegon
933 Terrance St.
Muskegon, MI 49440
Subject: Letter of Support for Forming Technologies
Mr. Seyferth,
Greater Muskegon Economic Development (GMED) is pleased to offer its full support for Forming
Technologies planned expansion in the City of Muskegon. This significant project entails a $23 million
capital investment and is anticipated to create 72 new jobs in our community over the next four years.
As the leading economic development agency in Muskegon County, GMED recognizes the profound
impact this expansion will have on our region's economic vitality.
Forming Technologies has shown a commitment to growth and innovation, which aligns well with our
goals of economic development and improving the quality of life in the City of Muskegon. The proposed
expansion will contribute to the region's economic stability and create employment opportunities,
strengthening our local workforce.
GMED strongly supports the approval of a 12-year tax abatement for Forming Technologies expansion
project. This abatement will make the project more practical and affordable, encouraging Forming
Technologies to continue to invest in our community. By reducing the initial tax burden, the abatement
will enable Forming Technologies to allocate more resources towards innovation, workforce
development, and operational excellence.
GMED has always championed projects that foster economic growth, innovation, and job creation.
Forming Technologies expansion aligns seamlessly with these objectives and is poised to be a
cornerstone of our community's economic future. We are confident that this investment will yield
significant returns for City of Muskegon and its residents.
Thank you for your consideration of this vital economic development initiative. We look forward to
witnessing the positive transformations this project will bring to the City of Muskegon and the broader
Muskegon area.
Sincerely,
Marla Schneider
President & CEO
Greater Muskegon Economic Development
This institution is an equal opportunity provider and employer.
Page 156 of 163
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 11, 2024 Title: Transmittal of the 2024-25 Proposed Budget
Submitted by: Kenneth Grant, Finance Director Department: Finance
Brief Summary:
Detailed Summary & Background:
At this time staff is transmitting to the City Commission the proposed budget for fiscal year 2024-25
which starts July 1, 2024. Both hardcopy and electronic versions of the budget have been distributed
to Commissioners. Additionally, the budget is available for inspection on the City’s website and at the
City Clerk’s office. The proposed budget was reviewed in detail with staff at the May 23, 2024 work
session. A public hearing on the budget was held at the regular Commission meeting on June 11,
2024. City ordinance requires that the budget be adopted by the Commission on or before the
second Commission meeting in June.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 4: Financial Infrastructure
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion:
To approve the proposed budget for the 2024-25 fiscal year
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 157 of 163
Page 158 of 163
CITY OF MUSKEGON
RESOLUTION OF APPROPRIATION
2024-25 BUDGET
WHEREAS, the City Manager has submitted a proposed Budget for 2024-25 in accordance
with City Ordinance and Michigan Public Act 621 of 1978 known as the "Uniform Budgeting and
Accounting Act"; and,
WHEREAS, the 2024-25 proposed Budget has been reviewed by the City Commission
following a public hearing for which due notice was given; NOW, THEREFORE, BE IT RESOLVED
that the Budget for the City of Muskegon for the fiscal year beginning July 1, 2024 is hereby
determined and adopted as follows:
GENERAL FUND
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
101-101 City Commission $139,575
101-103 City Promotions & Public Relations $113,148
101-266 City Attorney $450,000
101-172 City Manager $883,705
101-252 Support to Outside Agencies $347,176
101-215 City Clerk & Elections $806,182
101-269 Employee Relations $324,016
101-202 Finance Administration $847,590
101-203 Pension Administration $3,888,096
101-205 Income Tax Administration $584,101
101-257 Assessing Services $421,000
101-288 Information Systems Administration $946,467
101-253 City Treasurer $723,396
101-272 Insurance Premiums $750,000
101-906 Debt Retirement $1,456,338
101-999 Transfers to Other Funds $1,327,000
101-301 Police $12,660,509
101-336 Fire $4,781,990
101-340 Central Fire $104,530
101-387 Building Code Inspections and Enforcement $1,979,050
101-265 City Hall Maintenance $501,577
101-446 Community Event Support/Downtown BID $51,685
101-448 Streetlighting $285,000
101-521 Sanitation $2,685,195
101-550 Stormwater Management $23,750
101-567 Cemeteries Maintenance $549,852
101-772 Parking Operations $471,492
101-773 Social District $45,000
101-751 Recreation $358,610
Page 159 of 163
$2,625,513
101-770 Parks Maintenance
101-757 McGraft Park Maintenance $140,248
101-771 Forestry $29,000
101-701 Planning, Zoning and Economic Development $1,080,571
101-901 Major Capital Improvements $894,000
Grand Total General Fund Appropriations $43,275,362
OTHER BUDGETED FUNDS
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
202,204 Major Streets and State Trunklines $8,715,710
203 Local Streets $3,829,020
BE IT FURTHER RESOLVED that the revenues and other financing sources (including use of
prior year balances) for Fiscal Year 2024-25 are estimated as follows:
GENERAL FUND
FUND/ACTIVITY NAME AMOUNT
Taxes $ 20,501,926
State Revenues 6,550,382
Fees 5,416,159
All Building Permits 1,538,250 Beach
Parking 860,000
Public Safety Revenue 619,600
Operating Transfers In 388,374
Indirect Costs 2,134,808
Fund Balance Drawdown 1,375,064
Other Revenue 3,890,799
Total General Fund Revenue $43,275,362
Page 160 of 163
OTHER BUDGETED FUNDS
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
202,204 Major Streets and State Trunklines $6,216,830
203 Local Streets $3,785,00
BE IT FURTHER RESOLVED that the operating expense projections for the following non-budget
funds are hereby approved:
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
395 TIFA Debt Service $50,000
394 Downtown Development Authority Debt 809,481
250 Local Finance Development Authority Debt 182,848
234 Brownfield Redevelopment Authority (Pigeon Hill) 18,147
235 Brownfield Redevelopment Authority (Betten) 3,760
237 Brownfield Redevelopment Authority (Former Mall) 288,374
298 Brownfield Redevelopment Authority (Terrace Point) 455,280
252 Farmers Market & Kitchen 242 680,221
254 Trinity Health Arena 2,370,333
445 Public Improvement Fund 2,259,000
482 State Grants Fund 1,550,000
590 Sewer 9,590,967
591 Water 16,863,614
594 Marina/Launch Ramp 665,426
661 Equipment 4,212,992
642 Public Service Building 2,638,847
643 Engineering Services Fund 983,010
677 General Insurance Fund 6,422,053
BE IT FURTHER RESOLVED, that there is hereby appropriated for said fiscal year the several
amounts set forth above which, pursuant to the "Uniform Budget and Accounting Act", define the
City of Muskegon's appropriation centers, and
BE IT FURTHER RESOLVED, that the City Manager is hereby empowered to transfer
appropriations within appropriation centers, and
Page 161 of 163
BE IT FURTHER RESOLVED, that there is hereby levied a general tax as herein fixed on each
dollar of taxable valuation for the purposes herein outlined, said levy to be applied on all taxable
real and personal property in the City of Muskegon as set forth in the assessment roll dated May
2024:
PURPOSE MILLAGE (MILLS)
General Operating 9.6127
Sanitation Service 2.8838
Promotion .0605
Total 12.5570
At a meeting of the City Commission of the City of Muskegon, on the _____ Day of June , the
foregoing resolution was moved for adoption by__________________. Commissioner
___________________ supported the motion.
Resolution declared adopted.
_________________________________ __________________________________
Mayor City Clerk
Page 162 of 163
GENERAL FUND REVENUE ALLOCATION
Indirect Cost
Allocations
5%
Unspent Revenues
Other 3% Property Taxes
Transfers In 9% 16%
1%
Public Safety Revenue
Beach Parking
1%
2%
All Building Permits
4%
Income Taxes
Fees
29%
13%
State Revenues Marijuana Taxes
15% 2%
Page 163 of 163
Sign up for City of Muskegon Emails