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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 23, 2020 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
REMOTE MEETING
AGENDA
□ CALL TO ORDER:
□ ROLL CALL:
□ HONORS AND AWARDS:
A. Presentation by Public Safety Director
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Electric Assisted Bikes Public Safety
C. MUPD Radar Message Trailer Public Safety
D. Amendment to the Docks PUD Planning
E. GIS Technician Public Works
F. FY 2020-21 Sewer Rate Resolutions Finance
G. FY 2020-21 Sanitation Fee Resolution Finance
H. FY 2020-21 Lead Service Line Flat Fee Resolution Finance
I. Sale – 569 Oak Avenue City Manager
J. Sale – 395 Houston City Manager
K. Legal Services City Manager
L. Second Floor Remodel City Manager
□ PUBLIC HEARINGS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Transmittal of 2020-21 Proposed Budget City Manager
Page 1 of 2
B. Rental Housing Pilot Program City Manager
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 23, 2020 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the June 8, 2020 Worksession and June 9, 2020
Regular City Commission meeting.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, June 8, 2020
5:30 pm
City Commission Chambers
MINUTES
Present: Mayor Gawron, Vice Mayor Hood, Commissioners Rinsema-Sybenga, Emory,
Johnson, Ramsey, and German.
Absent: None.
Infill Housing Update - Discussion
Frank Peterson, City Manager, updated the City Commission on the proposed infill program in
the City of Muskegon for rentals that will have an option to own through a partnership with the
City.
Dave Dusendang, Developer, explained the program. The first area they are considering is
Webster between 8th and 9th Street but he is open to any areas within the City. They are
seeking a partnership with the City to build many homes that would be for low to moderate
income. We could use a voucher program. Residents could rent them with the option to
purchase at a later date. The total project is $40,500,000 for approximately 300 homes.
Transmittal of 2020-21 Proposed Budget
Frank Peterson, City Manager, and Ken Grant, Assistant Finance Director, reviewed the
revenue including proposed city income tax for 2020-21 and the impact COVID-19 is projected
to have in the next fiscal year.
An overall view of the expenses were reviewed by the City Manager. It is proposed to transfer a
total of $1 million from this year and next year to help balance the budget.
Commissioners discussed the need for more community programs as well as a report of where
we were, where we are now, and where we are going in growing within our community.
There is a proposed $5 per month increase to water bills for the lead service line abatement
Water was previously approved to increase by 4%.
Update on the Leonard
Construction has been delayed for three months by the bank but we expect it to proceed.
City Hall Construction
We anticipate $200,000 in construction to the second floor re-configuration of city hall not
including cubicles.
Public Comments
Kwame James, 2076 Miner Avenue, questioned the budget for policing.
Debra Warren, 123 W. Larch Avenue, does not support more infill projects in Nelson
Neighborhood and believes they should be shared with other neighborhoods. Would like to
explore social programs.
The Worksession Meeting adjourned at 9:29 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 9, 2020 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
REMOTE MEETING
MINUTES
The Regular Commission Meeting of the City of Muskegon was held
electronically with the Mayor, Vice Mayor and Commissioners participating via
Zoom – a remote conferencing service, Clerk staff present at 933 Terrace Street,
Muskegon, MI at 5:30 p.m., Tuesday, June 9, 2020.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Dan Rinsema-Sybenga, Willie German, Jr., Teresa Emory, and
Michael Ramsey, City Manager Frank Peterson, City Attorney John Schrier, and
City Clerk Ann Meisch.
2020-34 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the May 26, 2020 Regular
City Commission Meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Establish a Grants Program Coordinator Position Community and
Neighborhood Services
SUMMARY OF REQUEST: Seeking approval to establish a Grants Program
Coordinator position for the Community and Neighborhood Services
Department.
The purpose of this position is to manage various federal, state, and locally
funded grants and programs administered by the city and will assist the
Development Services Division with other grant opportunities. The coordinator
will be responsible for development, implementation and revision of policies,
procedures, and technical systems, will assist with office and program oversight
and act as a staff liaison to various boards and commissions associated with the
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CNS Department.
The job description was approved by the Civil Service Commission at its May 21,
2020 meeting. The cost of the position will be completely covered by
administrative costs received through the various grant programs, and the
general fund will not be impacted.
AMOUNT REQUESTED: $80,000 AMOUNT BUDGETED: $80,000
FUND OR ACCOUNT: CNS ADMINISTRATION
STAFF RECOMMENDATION: Approve the establishment of the Grants
Program Coordinator position in the Community and Neighborhood Services
Department.
D. Lease Agreement Public Works
SUMMARY OF REQUEST: Staff is asking permission to enter into a contractual
agreement for/with “MACkite Kiteboarding School” at Pere Marquette Park.
Staff is asking permission to enter into a contractual Lease Agreement for 2020,
2021, and 2022 with Steve Negen of MACkite for Operating a Kiteboarding
school at Pere Marquette Park. MACkite has been operating a kiteboarding
school out of the brown brick building at the south end of Pere Marquette
beach since 2008. Lease revenue is $2,500.00 per year. Lessee also provides a
portable Handicapped Restroom and pays the electrical bills for the property as
part of the agreement.
STAFF RECOMMENDATION: Authorize staff to enter into a contractual Lease
Agreement with Steve Negen to operate a Kiteboarding School at the brown
building, at the south end of PM Park (1995 Beach Street).
E. Contract Agreement Public Works
SUMMARY OF REQUEST: Staff is asking permission to enter into a contractual
agreement for/with “J-Boards” for Stand Up Paddleboard lessons and rentals at
Pere Marquette Park.
Staff is asking permission to enter into a contractual Lease Agreement for 2020,
2021, and 2022 with Jason Gorski for Operating Stand Up Paddleboard lessons
and rentals at Pere Marquette Park. Jason Gorski has been operating Stand Up
Paddleboard lessons/rentals at Pere Marquette beach since 2013. Commission
revenue has been between $150 and $500 per year with revenue being 10% of
gross receipts per year.
STAFF RECOMMENDATION: Authorize staff to enter into a Contractual
Agreement with Jason Gorski to operate Stand Up Paddleboard lessons/school
at PM Park.
F. Conflict of Interest Disclosure Community and Neighborhood Services
SUMMARY OF REQUEST: Seeking approval to submit a request to the
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Department of Housing and Urban Development for an Exception for a Conflict
of Interest for the City of Muskegon Community and Neighborhood Services
(CNS) Department home sale.
Legal Counsel has provided their opinion of a Conflict of Interest sale of a HOME
funded rehabilitated home offered by the CNS Department. This includes the
disclosure of a Conflict of Interest and support the request of an Exception from
our Housing and Urban Development – Community Planning Development
Office.
STAFF RECOMMENDATION: To approve the request of Conflict of Interest
Exception from the department of Housing and Urban Development (HUD) for
the sale of a HUD funded home through the Community and Neighborhood
Services Department.
Motion by Commissioner Johnson, second by Commissioner German, to
approve the consent agenda as presented, except item C.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
2020-35 REMOVED FROM CONSENT AGENDA:
C. Seaway Railroad Bridge Painting Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to issue a notice to
proceed for the work to clean and paint the railroad bridge over Seaway Drive
between Laketon Avenue and Hackley Avenue.
Bids for the project were previously approved at the February 25, 2020
Commission Meeting with the low bid from Seaway Painting being approved in
the amount of $68,385.00. Staff has prepared the contract documents with
Seaway Painting but has not issued the notice to proceed at this time pending
review of the private fundraising campaign for the project.
Fundraising is still ongoing. A Patronicity crowdfunding campaign is expected to
begin in June. A number of commitments have been made, but in order to
receive the matching dollars for Patronicity, those donations cannot be finalized
until the campaign commences. It is anticipated that the City’s contribution will
be $10,000-$15,000 in cash towards the Seaway Painting contract from the
Public Improvement Fund. In addition to the cash contribution the City will
proved in-kind services in the form of traffic control for the work, which is
estimated to cost $6,497.36
In parallel to the cleaning and coating work the Muskegon City Public Art
Initiative has begun the search for an artist to complete murals on the bridges
and will be ready to proceed with the mural work upon completion of the
Page 3 of 7
cleaning and coating project. The mural work is not expected to require any
additional cash contribution on behalf of the city but would again require an in-
kind donation in the form of traffic control services for the project, estimated at
approximately the same amount as for the initial cleaning and coating.
MDOT has been engaged on the project and has agreed to participate in the
form of reimbursement for a portion of the traffic control costs from the cities
state trunk line budget. The exact amount is yet to be determined.
If approved the intention is for the cleaning and coating with Seaway Painting
to occur in August 2020, with the mural work to follow in September 2020.
AMOUNT REQUESTED: $10,000 - $15,000
AMOUNT BUDGETED: $10,000 - $15,000
FUND OR ACCOUNT: 202-404-91914
STAFF RECOMMENDATION: Authorize staff to issue the notice to proceed to
Seaway Painting for the work to clean and coat the railroad bridge over
Seaway Drive between Laketon Avenue and Hackley Avenue and authorize to
provide in-kind services for the project in the form of traffic control.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to authorize staff to issue the notice to proceed to Seaway Painting for the work
to clean and coat the railroad bridge over Seaway Drive between Laketon
Avenue and Hackley Avenue and authorize staff to provide in-kind services for
the project in the form of traffic control.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, and Rinsema-
Sybenga
Nays: German
MOTION PASSES
2020-36 PUBLIC HEARINGS:
A. Public Hearing on Harbor West LLC Brownfield Plan, 1000-1060 West
Western Avenue Economic Development
SUMMARY OF REQUEST: To hold a public hearing on the request for a Brownfield
Plan Amendment for Harbor West LLC (Hartshorn Village) and to consider the
resolution.
Harbor West LLC proposes a Brownfield Amendment for 1000, 1010, and 1060
West Western Avenue for its first phase of the Hartshorn Village residential site
condominiums. The $5 million+ initial investment is for the first 10 of an expected
approximately 50 units. The former Shaw-Walker Co. parking lot was sold by the
city to Harbor West in 2018. The initial $5.597 million brownfield plan is a local-only
property tax capture. State eligible environmental costs are $250,000, $19,500 for
demolition, $626,000 for site preparation and $3.946 million for infrastructure
Page 4 of 7
improvements. The majority of the infrastructure costs ($3.502 million) are to
upgrade the city’s adjacent Hartshorn Marina and for a joint-use pool and
clubhouse fort he condo owners and marina slip holders. The sales and
development agreement between the city and Harbor West calls for the city to
provide the buyer up to $600,000 for brownfield eligible costs. The city would
receive the first $600,000 of property tax capture, then Harbor West for its
remaining eligible costs and finally with the marina upgrade being covered last.
There is a 15 percent contingency in the plan, no request for interest borrowing
and it is a 30-year plan. The plan allows for a continued five-year capture of tax
increments for a local Brownfield Revolving Loan Fund if there is time left in the
30 years after all eligible costs are covered. There is an annual $10,000
administrative fee paid to the Brownfield Redevelopment Authority. The BRA
approved the Harbor West Brownfield Amendment as its May 12, 2020 meeting.
STAFF RECOMMENDATION: To close the public hearing and approve the
Brownfield Plan Amendment for Harbor West LLC (Hartshorn Village) at 1000-
1060 West Western Avenue with the resolution, authorizing the Mayor and City
Clerk to sign.
PUBLIC HEARING COMMENCED:
Sherry Millisor – 3691 Watson – asked if this would be a condo association –
answer is yes.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
close the public hearing and approve the Brownfield Plan Amendment for
Harbor West LLC (Hartshorn Village) at 1000-1060 West Western Avenue with the
attached resolution, authorizing the Mayor and City Clerk to sign.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, and
Ramsey
Nays: German
MOTION PASSES
B. Transmittal of 2020-21 Proposed Budget City Manager
SUMMARY OF REQUEST: At this time staff is transmitting to the City Commission
the proposed budget for fiscal year 2020-21 which starts July 1, 2020. Both
hardcopy and electronic versions of the budget have been distributed to
Commissioners. Additionally, the budget is available for inspection on the City’s
website and at the City Clerk’s office.
The proposed budget was reviewed in detail with staff at the June 8, 2020 work
session. A public hearing on the proposed budget is being held at the regular
Commission meeting on June 9, 2020. City Ordinance requires that the budget
be adopted by the Commission on or before the second Commission meeting in
June.
Page 5 of 7
STAFF RECOMMENDATION: Approval of the proposed budget for fiscal year
2020-21.
PUBLIC HEARING COMMENCED:
Elijah Nichols – 1251 Evanston Avenue – would like to see more money go to
social programs.
Kwame James – 2076 Miner Avenue – would like to see money transferred to
social programs.
Connie Fongers 3397 Rich Road – would like to see money from Police budget
redirected to social services.
Keyon Chavis – 640 S. Bear Lake Road – wondering about $500,000 being cut
from Fire Department budget, Frank explained difference in budget is in part
due to buying out of retirees.
Michael Hewartson – President of Local 370, 770 Terrace – would like more
money for fire department and is concerned about equipment and staffing
needs.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Ramsey,
to close the public hearing and approve the transmittal of the proposed budget
for fiscal year 2020-21.
ROLL VOTE: Ayes: None
Nays: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
Gawron, and Hood.
MOTION FAILS
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to close the public hearing.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
Nays: None
MOTION PASSES
Motion by Commissioner Johnson, second by Commissioner Ramsey, to table
approval of the budget to the June 23, 2020 Regular Commission Meeting.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
and German
Nays: None
MOTION PASSES
PUBLIC COMMENT: Public comments were received.
Page 6 of 7
ADJOURNMENT: The City Commission meeting adjourned at 8:40 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 7 of 7
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 23, 2020 Title: Electric Assisted Bikes (EAB)
Submitted By: Jeffrey Lewis Department: Public Safety
Brief Summary: Commission authorization for the purchase of (2) two electric assist bikes, (1)
carrier and assembly fees. These bikes are intended to assist in addressing the spike in crime
being seen during the COVID-19 crisis as well as protecting the health and safety of City residents.
Federal Grant BJA FY20 Coronavirus Emergency Supplemental Funding Program monies will
reimburse the purchase of the bikes, carrier and assembly fee, leaving the cost for the City at zero
dollars. The Coronavirus grant was awarded to Muskegon Police Department on May 30, 2020
Detailed Summary:
Amount Requested: $9,827.00 Amount Budgeted: Grant Fund
Reimbursement
Fund(s) or Account(s): 101-40301-5720 Fund(s) or Account(s):
Recommended Motion: Acknowledge pre-approved grant funding to purchase the two Electric
Assisted Bikes (EAB) and related accessories for the quoted amount of $9,827.
Check if the following Departments need to approve the item first:
Police Dept. ☒
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 23, 2020 Title: Amendment to the Docks PUD
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to amend the Planned Unit Development at 1875 Waterworks Rd; 1490
Edgewater St; and 3400, 3460, 3474 Wilcox Ave, by Damfino Development, LLC
Detailed Summary:
Please see the enclosed Plan.
The proposed changes in this plan are:
• The elimination of the boardwalk and platform in Muskegon Lake.
• The beach will be removed and be replaced with a buildable lot.
• Lot #70 (Now #71) is increased in size.
• A new beach would be placed where lots 114-116 were previously located.
• The south wall of the channel is being moved with a reduction in width from 140’ to 120’.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the amendments to the Planned Unit Development as
requested.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action
CITY OF MUSKEGON
RESOLUTION #2020-
RESOLUTION TO APPROVE THE AMENDED FINAL PLANNED UNIT DEVELOPMENT FOR
3400, 3460, 3474 WILCOX AVE, 1875 WATERWORKS RD, 1490 EDGEWATER ST
WHEREAS, a petition to amend the Planned Unit Development at 3400, 3460, 3474 Wilcox Ave, 1875
Waterworks Rd and 1490 Edgewater St has been received; and,
WHEREAS, proper notice was given by mail and publication and public hearings were held by the City Planning
Commission and by the City Commission to consider said petition, during which all interested persons were given
an opportunity to be heard in accordance with provisions of the Zoning Ordinance and State Law; and
WHEREAS, the Planning Commission and staff have recommended approval of the Final Planned Unit
Development and associated site plan; and
NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the Planning Commission be
accepted and the amendment to the final Planned Unit Development is hereby approved.
Adopted this 23rd day of June, 2020
Ayes:
Nays:
Absent:
By:
Stephen J. Gawron
Mayor
Attest:
Ann Meisch
Clerk, City of Muskegon
CERTIFICATE
(Amendment to Final PUD 3400, 3460, 3474 Wilcox Ave, 1875 Waterworks Rd and 1490 Edgewater St)
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 a resolution adopted by the City Commission of the
City of Muskegon, at a regular meeting of the City Commission on the 23rd day of June, 2020, 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 Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and
will be or have been made available as required thereby.
DATED: ___________________, 2020. _______________________________________
Ann Meisch
Clerk, City of Muskegon
Planned unit Development
Application for Amendment to PUD
May 21, 2020
Table of Contents
The Docks Development
Executive Summary
Amendment to PUD
Impact on Density and Open Space Requirements
EXHIBITS
A. Identification of changes to the approved PUD plan
B. Revised site plan
Executive Summary
This is a request for a minor change to the Planned Unit Development (PUD) for The Docks that
was approved by the City Commission on June 25, 2019. Damfino Development, LLC is
requesting to relocate the beach amenity from the north side of the proposed channel to the
south side of the channel, increasing size and accessibility to neighboring residents. This change
will result in an increase in open space and a decrease in residential units.
Amendment to PUD
The locations of the items in the following list are identified on EXHIBIT A.
A. The proposed boardwalk and platform in Muskegon Lake will be eliminated from the
plan. A permit application with the United States Army Corps of Engineers will include a
request to remove all remnants of the old sand load out conveyor.
B. The beach/open space will be removed from the plan and replaced with a buildable lot,
new #66. All lot numbers above 65 have been renumbered.
C. Lot #70 (now #71) is increased in size.
D. Lots 114 – 116 are removed from the plan and a beach will be created in this area. A
permit application with the United States Army Corps of Engineers will include a request
to remove the rip rap from the shoreline except as needed to protect the willow tree
and the relocated cul‐de‐sac.
E. The south wall of the channel is being moved with a consequent reduction in width from
140’ to 120’.
EXHIBIT B is a revised site plan reflecting the above changes.
Impact on Density and Open Space Requirements
On the following page are the calculation of the density, open space and waterfront access
requirements of the zoning ordinance.
Below is the legend for the drawing.
DATE: May 21, 2020
POST DEVELOPMENT DENSITY CALCULATION
TOTALS NOTES
UNDEVELOPABLE AREAS
Wetland Area 3.63 Acres Provided Wetland Area
Surface Water/Floodplain 12.18 Acres Boat Basin
Street R.O.W 11.85 Acres
Area of Storm Ponds 1.50 Acres
Area of Steep Slopes 9.52 Acres Includes CDA and Banks above wetland
TOTAL UNDEVELOPABLE AREAS 38.68 Acres
OVERALL AREA OF PROPERTY 76.68 Acres This is the proposed PUD Boundary.
NET DEVELOPABLE AREA 38.00 Acres
ALLOWED NO. OF DWELLING UNITS = 275 NET DEVELOPABLE AREA / MINIMUM LOT SIZE
NET DENSITY 7.2 units per acre MINIMUM LOT SIZE = 6,000 SFT FOR R-1
OPEN SPACE CALCULATION
Section 403.4 requires a minimum of 15% of the site to be dedicated common open space.
At least one third of the dedicated open space shall be usable open space.
Open Space
Wetland 3.63 Acres
Green Belts and Parks 6.41 Acres Excludes Stormwater Basins
Critical Dune/Steep Slopes 9.52 Acres
Total Open Space 19.56 Acres
Overall Area of Property 76.68 Acres
Percentage Open Space 25.51%
Usable Open Space (Green Belts, Parks
and Dune) 15.92 Acres
Percentage Usable Open Space 81.42%
WATERFRONT CALCULATION
Section 403.6 requires a minimum of 50% of the shoreline be
open space
Accessible Waterfront
Boardwalk 1,515 feet
Green Belt (Boat Basin) 1,479 feet
Green Belt (Muskegon Lake) 236 feet
Total Accessible Waterfront 3,230 feet
Total Waterfront
Muskegon Lake 1,014 feet
Boat Basin 5,367 feet
Total Length of Waterfront 6,381 feet
Percentage Accessible Waterfront 50.62%
3106
3107
3105
581.63
3104
581.70
581.41
MM
MM OLDWWODDOCKPOST
581.60
OLDWWODDOCKPOST
MM OLDWWODDOCKPOST
MM OLDWWODDOCKPOST
10' WATER EASEMENT 3103
3102
3101
MM
MM
3098
581.70
3099
581.73
3100
581.71
MM
581.57
OLDWWODDOCKPOST
581.70
OLDWWODDOCKPOST
581.83
MM
MM
OLDWWODDOCKPOST
MM OLDWWODDOCKPOST
OLDWWODDOCKPOST
OLDWWODDOCKPOST
3097
581.39
MM OLDWWODDOCKPOST
3096
581.40
MM OLDWWODDOCKPOST
10' HARBOUR TOWNE MARINA SANITARY
AND WATER EASEMENT
3094
3095
581.61
581.59
MM
MMOLDWWODDOCKPOST
OLDWWODDOCKPOST
3093
3092
581.71
3091
581.75
MM OLDWWODDOCKPOST
581.69
MM OLDWWODDOCKPOST
MM OLDWWODDOCKPOST
10' HARBOUR TOWNE
MARINA ACCESS EASEMENT 3090
581.88
3089
MM OLDWWODDOCKPOST
581.59
MM OLDWWODDOCKPOST
EH
AR
BO
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TO
PIG
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EO
EC
NH
ILL
IR
CT
ACCESSIBLE
T
WATERFRON
SURFACE WATER / FLOODPLAIN
(LIMITS OF BOAT BASIN)
ATERFRONT
ACCESSIBLE W
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ACCESSIBLE
WATERFRON
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BRIGHTON AVE
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ACCESSIB
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WATERFRONT
ACCESSIBLE
E HARB
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ARLINGTON AVENUE
CIR
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STR
PARK PLACE
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(VA
SURFACE WATER / FLOODPLAIN
(LIMITS OF BOAT BASIN)
CAT
20' SANITA
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RY EASEM
ENT
20' WATER
EASEMENT
LIMITS OF WETLAND AREA
E D G E
228.2'
W
121.6'
A
70.0'
TER S
273.2'
TREET
EDG
WIL
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EW
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G
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AREA EXCLUDED FROM
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OH
OVERALL PROPERTY
CALCULATION
10019
0.00
PROPOSED LEGEND
UPOLE
G
WA
-E
OH
WIL
COX
LNU
PROPERTY LINE SPLIT
10014
AVE
TS
0.00
UPOLE
G
NUE WETLAND AREA
TRE
E
H-
SURFACE WATER / FLOODPLAIN (BOAT BASIN)
-EOH-E
O
OH
ET
6132
600.47
STREET R.O.W.
Guy Anchor
6133 6138
600.38 6139 6140
601.11
600.96
Guy Anchor 600.68
Power Pole
Power Pole
SIGN
6142
600.09
GREEN AREAS AND PARKS
Fire Hydrant
AREA OF STEEP SLOPES
PLU
ACCESSIBLE WATER FRONT
LA
W
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MA
-GE
OH
AT
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E
SH
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RW
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 23, 2020 Title: GIS Technician
Submitted By: Leo Evans Department: Public Works
Brief Summary: Staff is requesting authorization to eliminate the Administrative Assistant position
within the Engineering Department and create a new position for a GIS Technician.
Detailed Summary: Prior to COVID staff had met and discussed the need for a dedicated staff
member to manage and utilize the GIS (Geographic Information Systems) data for the City. The
discussion was tabled due to COVID. At the end of May the DPW Administrative Supervisor
(Leigh Ann Archer) retired and the DPW Administrative Assistant (Christy Cashin) was promoted
leaving the Administrative Assistant position open.
Staff is requesting permission to not fill the Administrative Assistant position and rather to reallocate
that full time position towards creation of a new position for a GIS Technician. The GIS Technician will
work within the Engineering Department but provide services to multiple departments within the city,
namely water/sewer and major/local streets. The work formerly performed by the Administrative
Assistant will be redistributed between the Administrative Supervisor, the five (5) CSRII Positions at
DPW, and the newly created GIS Technician.
Based on current and projected workloads the need for a GIS Technician is greater than the need for
the Administrative Assistant.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize staff to eliminate the Administrative Assistant position at DPW and
create a new position for a GIS Technician.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
JOB DESCRIPTION
GIS Technician/Data Manager
Supervised By: Assistant City Engineer
Supervises: Non-Supervisory
Position Summary:
Under the supervision of the Assistant City Engineer, the GIS Technician will apply spatial
analysis and GIS expertise to help maintain and create GIS maps for the City of Muskegon. The
GIS Technician will act as the hands-on GIS expert on a variety of collaborative projects.
Additional responsibilities of this position include: creating and maintaining enterprise GIS
datasets, training GIS users, and providing on-call end user support. The GIS Technician will be
responsible for all associated data with the GIS, all incoming and outgoing data, shape files,
raster images, etc.
Essential Job Functions:
An employee in this position may be called upon to do any or all of the following essential functions. These examples
do not include all of the duties which the employee may be expected to perform. To perform this job successfully, an
individual must be able to perform each essential function satisfactorily.
1. Maintain/create detailed system maps, supporting records and publishing maps, as
needed.
2. Assist in the maintenance of the City’s GIS by obtaining, updating, and implementing all
information pertaining to the electric distribution system that is provided by the
engineering and operations teams through staking sheets and various other reports.
3. Provide necessary (GIS) data, drawings and assistance required by employees to aid in
the planning, design, analysis, installation, and maintenance of the electric distribution
system.
4. Responsible for accurate mapping of water, sanitary and storm sewer for example. Will
be required to work with contractors and internal employees to receive accurate
placement of utilities.
5. Recommend improvements in procedures, forms and equipment pertaining to the (GIS)
system.
6. Assist in planning, coordination and use of equipment for data collection.
7. Keeps abreast of modern developments and evolving issues in public services through
continued education and professional growth. Attends conferences, workshops, and
seminars as appropriate.
8. Review data for inconsistencies or anomalies that could skew analytical results
GIS Tech
Civil Service Approved 3.9.2020
9. Maintain databases and conduct routine maintenance as needed to ensure data integrity
10. Streamline data collection and analysis procedures to ensure fast access to metrics
11. Communicate with Supervisors about data changes or requirements
12. Generate and review documentation for all database changes or refinements
13. Make recommendations for software, hardware and data storage upgrades
14. Performs other related work as required.
Required Knowledge, Skills, Abilities and Minimum Qualifications:
The requirements listed below are representative of the knowledge, skills, abilities and minimum qualifications
necessary to perform the essential functions of the position. Reasonable accommodations may be made to enable
individuals with disabilities to perform the job.
• Associate's/vocational/technical degree/certification or higher in computer science,
management information systems (MIS), information technology, or an approved
information technology field related to the position, preferred.
• Two years or more of GIS professional work experience or education, preferred.
• Experience working with ArcGIS for Desktop Software, ArcGIS Pro and ArcGIS Online
and applications.
• Ability to work with large data sets
• Knowledge of applicable state and local codes and ordinances, engineering practices,
and construction techniques.
• Knowledge of construction materials and supplies used in public works and engineering
work.
• Skill in creating maps and drawings, estimating material needs, and maintaining records.
• Skill in the use of office equipment and technology, including computers, GIS/mapping
and CAD, and other related software, and the ability to master new technologies.
• Ability to read and interpret blueprints and specifications.
• Ability to extrapolate conclusions from large data sets
• State of Michigan Vehicle Operator’s License, a satisfactory driving record, and the
ability to maintain one throughout employment.
• Ability to communicate effectively and present ideas and concepts orally and in writing.
• Ability to establish effective working relationships and use good judgment, initiative and
resourcefulness when dealing with employees, City officials, professional contacts,
community leaders, the media, and the public.
• Ability to exercise a high degree of diplomacy and work effectively under stress in
emergency and confrontational situations.
• Ability to multi-task, problem-solve, and work effectively under stress, within deadlines
and changes in work priorities.
• Excellent organizational skills
Physical Demands and Work Environment:
The physical demands and work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of the job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee regularly works in an office setting with a
controlled climate where they sit and work on a computer, communicate by telephone, email, or
in person, and move around the office to travel to other locations. The employee must
occasionally lift and/or move items of moderate to heavy weight. The noise level in the work
environment is usually quiet.
While performing the duties of this job, the employee is occasionally required to travel to various
locations within the City and work outside the office at field sites; including visiting construction
sites with treacherous terrain requiring the employee to traverse uneven ground, climb up or
crawl down to access the site, and may involve fumes, dust, chemicals or other hazardous
materials, loud machinery and equipment, and other dangers associated with engineering
projects and construction sites. An employee in this position must have the strength, stamina
and physical coordination needed to gain access to the construction project sites described
above, observe and inspect work in progress, and operate hand and power tools. The employee
is occasionally exposed to adverse weather conditions, loud noises, moving mechanical parts,
dust or airborne particles, and fumes. The noise level in the work environment is usually quiet,
and may be loud in field situations.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 23, 2020 Title: FY2020-21 Sewer Rate Resolution
Submitted By: Beth Lewis Department: Finance
Brief Summary: The FY2020-21 budget calls for a sewer rate increase of 8%, this resolution
establishes the new rate.
Detailed Summary: In 2019 a resolution with a treatment rate for our customers that is based on a
multiplier of 1.81 times the rate the County bills the City for wastewater was adopted. The
FY2020-21 calls for the multiplier to be raised to 1.95 to cover the cost of our aging infrastructure
system capital needs and the increased cost of treating the infiltration to our system due to the
high water levels
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To adopt the FY2020-21 Sewer Rate Resolution.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
RESOLUTION NO.________
At a regular meeting of the City Commission of Muskegon, Michigan, held at the City Commission Chambers on
June 23, 2020.
RECITALS
A review of the rates for sewer service has been accomplished by the city's staff, recommendations received, and
the City Commission has determined that the following rate changes are justified. Accordingly, this resolution is
made for the purpose of maintaining the financial viability of the city's sewer system.
THEREFORE, THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLVES:
1. Effective June 23, 2020, to rescind City of Muskegon Resolution No. 2019-53(F), which was adopted June 25,
2019.
2. Charges for residential sewer service shall be changed from a multiplier of 1.81 to 1.95 of the rate the county
bills the city for wastewater treatment effective July 1, 2019, with future rates to be adjusted as the county
charges are adjusted. The monthly sewer administration charge shall remain unchanged at $3.00.
3. Charges for commercial/industrial sewer service shall continue to be billed at a rate of 1.25 times (1.25x) the
city rate for residential sewer service. The monthly sewer administration charge shall remain unchanged to $3.00.
4. Charges for all non-metered residential sewer customers will be calculated based on an assumed usage rate
of 12 hundred cu. ft. per month.
5. Unless there is a separate agreement specifying a different billing method, non-resident users of the city sewer
system will be billed at a rate that is double (2x) the city rate for that class of user.
The above changes to be effective as noted above.
This resolution adopted.
YEAS:
NAYS:
CITY OF MUSKEGON
By: ______________________________
Ann Marie Meisch, MMC, City Clerk
STATE OF MICHIGAN COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a meeting of the Board of
Commissioners of the City of Muskegon, Michigan, held on the 23rd day of June, 2020 and that the minutes of the
meeting are on file in the office of the City Clerk and are available to the public. Public notice of the meeting was
given pursuant to and in compliance with Act 267, Public Acts of Michigan, 1976.
By: ______________________________
Ann Marie Meisch, MMC, City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 23, 2020 Title: Sanitation Fee Resolution
Submitted By: Beth Lewis Department: Finance
Brief Summary: The FY2020-21 budget calls for the Sanitation Fee to be increased from $2.00 per
month to $2.50 per month, this resolution established the Sanitation Fee for FY2020-21.
Detailed Summary: To adopt the resolution to continue charging a sanitation fee of $1.20 per
month to cover the shortfall between the sanitation charges and the millage collected for sanitation
and to increase the fee for recycling from .80 cent per month to $1.30 per month to cover the costs
of the program.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To adopt the Sanitation Fee Resolution for FY2020-21.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
RESOLUTION NO.________
At a regular meeting of the City Commission of Muskegon, Michigan, held at the City Commission Chambers on
June 23, 2020.
RECITALS
After reviewing the cost to provide sanitation services for the residents of the City of Muskegon, the City
Commission has determined that the funds generated from the 3 mills dedicated to sanitation currently does not
cover the costs to provide the service at its current level.
THEREFORE, THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLVES:
1. Effective July 1, 2020, a monthly service fee of $1.20 will continue to be charged to all residential utility billings
along with an additional 1.30 cents for recycling. The total monthly fee charged to all residential utility bills will be
$2.50 for sanitation services.
2. This rate increase will be in effect until June 30, 2021 at which time it will be re-evaluated with the proposed
budget.
The above changes to be effective as noted above.
This resolution adopted.
YEAS:
NAYS:
CITY OF MUSKEGON
By: ______________________________
Ann Marie Meisch, MMC, City Clerk
STATE OF MICHIGAN COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a meeting of the Board of
Commissioners of the City of Muskegon, Michigan, held on the 23rd day of June, 2020 and that the minutes of the
meeting are on file in the office of the City Clerk and are available to the public. Public notice of the meeting was
given pursuant to and in compliance with Act 267, Public Acts of Michigan, 1976.
By: ______________________________
Ann Marie Meisch, MMC, City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 23, 2020 Title: Lead Service Line Flat Fee Resolution
Submitted By: Beth Lewis Department: Finance
Brief Summary: The FY2020-21 Budget calls for a Lead Service Line Flat Fee of $5.00 per month
per utility billing, this resolution establishes the fee.
Detailed Summary: The State of Michigan has mandated communities to replace lead service
lines. To offset the cost the FY2020-21 budget calls for a Lead Service Line Flat fee of $5.00 per
month per utility billing to be adjusted each year.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To adopt the Lead Service Line Flat Fee Resolution.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
CITY 0F MUSKEGON
Resolution No._________
A resolution amending the general fee resolution of the City.
RECITALS
A review of the water rates has been undertaken by staff during the preparation of the
FY2020-21 budget. Staff has determined that an additional fee to cover the cost of the
State of Michigan mandated lead service line replacements is needed. The City
Commission has agreed the additional fee is justified.
THEREFORE, LET IT BE RESLOVED BY THE CITY COMMISSION:
Effective July 1, 2020 a flat lead service line replacement fee of $5.00 per month will be
added to all utility bills.
This fee will be in effect till June 30, 2021.
This resolution adopted.
YEAS:
NAYS:
CITY OF MUSKEGON
By: ______________________________
Ann Marie Meisch, MMC, City Clerk
STATE OF MICHIGAN COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at
a meeting of the Board of Commissioners of the City of Muskegon, Michigan, held on
the 23rd day of June, 2020 and that the minutes of the meeting are on file in the office
of the City Clerk and are available to the public. Public notice of the meeting was given
pursuant to and in compliance with Act 267, Public Acts of Michigan, 1976.
By: ______________________________
Ann Marie Meisch, MMC, City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 23, 2020 Title: Sale – 569 Oak Avenue
Submitted By: Frank Peterson Department: City Manager
Brief Summary: City staff is seeking authorization to sell the city-owned home at 569 Oak Avenue to
Lamont Vines of 789 Oak Avenue
Detailed Summary: The city accepted this property from the delinquent tax sale with the intention of
renovating it. Over the past year, we have had difficulty getting to it, as our other projects have occupied
so much of our time. Mr. Vines has inquired about purchasing this property numerous times. His intention
is to renovate it. We have agreed to a $1 sale price. Mr. Vines is going to purchase the property for $1 and
place $1,500 on escrow with the City; once he completes replacement of the roof, we will refund/release
his $1,500 deposit. He will have 90 days to comply.
Amount Requested: None at this time Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize the City Manager to sell the property at 569 Oak as proposed.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 23, 2020 Title: Sale – 395 Houston Ave
Submitted By: Frank Peterson Department: City Manager
Brief Summary: City staff is seeking authorization to sell the city-owned home at 395 Houston to
Meisha Brown.
Detailed Summary: The city constructed this house as part of the phase two of our infill housing program.
Our contract to construct the home was $197,464. We also anticipated $11,844 in sales commissions. The
accepted purchase price is $196,000. The City will also contribute $5,800 toward closing-related costs. The
total amount requiring brownfield gap financing will be approximately $7,200-$7,500. The 3.5% gap is
significantly smaller than anticipated in the Brownfield Plan, and also significantly smaller than gap in the
initial phase of the in-fill project (Midtown Square).
Amount Requested: None at this time Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize the City Manager to complete the sale of 395 Houston Ave, as
described in the purchase agreement.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 23, 2020 Title: Legal Services
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Our contract for legal services will expire this month. Staff is seeking to enter into an
extension with Parmenter Law.
Detailed Summary: Parmenter has been our legal counsel for many years. Our service agreement will
expire June 30, 2020. The City Manager asked that they provide us a proposal to continue as our legal
counsel for an additional five-year period. The proposal is attached. Staff recommends approving an
extension per the terms outlined in the proposal. Staff feels that the best value for our representation
remains with John Schrier and his team at Parmenter Law.
Amount Requested: None at this time Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Accept the proposal from Parmenter Law and authorize the City Manager to enter
into an extension agreement per the terms outlined in the proposal.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 23, 2020 Title: Second Floor Remodel
Submitted By: Frank Peterson Department: City Manager
Brief Summary: We have finalized our city hall construction budget at $203,717.14 plus architectural
and contingencies. Staff is seeking approval to hire Platinum Contracting Group to manage the project.
Detailed Summary: Over the past 2 years, we have worked to reallocate space on the second floor of
city hall. The plan has been finalized and the costs are included in the 2020-21 FY Budget. The goal of
the reorganization is to allow for visitors to have easier and more convenient access to city
departments. The recent developments with COVID-19 has impacted our design. We are seeking to use
Platinum Contracting to manage the project – a number of local contractors will be completing the work
(all work was competitively bid by Platinum on our behalf). Much of the planning was done during
COVID-19, which did limit our ability to meet with contractors, but we are comfortable with the bids
received. The goal of using a project manager vs a general contractor is to provide the most flexibility
during construction. The building is older, and has many specialty design components (especially HVAC
and electrical); we need to have the ability to change course if we find a more efficient/affordable way
to complete the work. For example, moving to new cubicles instead of offices will likely save $50,000 to
$60,000 in construction costs. Note that we are only completing work on the space that will house
Planning, CNS, Economic Development, and the City Manager’s Office. We are also exploring an
additional project that would move the public side of the police department into the current CNS space
to provide a more inviting space for the public to visit the police administration, community officer, etc.
Amount Requested: $229,588.00 Amount Budgeted: $$200,000
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize city staff to hire Platinum Contracting to complete the renovation of the
second floor of city hall at a cost not to exceed $229,588.70, inclusive of architectural fees and contingency.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
andrea j riegler, architect pllc
A B C D E F G H 231-557-0325
andrea@ajr.design
136' - 10"
15' - 7" 12' - 9" 16' - 2" 9' - 2'. 12' - 6" 16' - 3"
Cubicle Cubicle AREA OF WORK
Office Cubicle Cubicle Cubicle 210 211 Office Office City Manager Office
11' - 5"
11' - 3"
12' - 9"
206 207 208 209 133 SF 131 SF 212 213 217
1 1
166 SF 97 SF 96 SF 106 SF 11' - 9" 143 SF 182 SF 356 SF
2 2 2
1
1
Planning
4' - 0"
2
1 CNS kitchenette 2
5' - 9"
214 1
201 CM Reception/Open 1
Cubicle 4' - 0" 5' - 11" APPLICABLE CODES:
2 Office
205 12' - 0" 2015 Michigan Rehabilitation Code
2 2 216 1
2015 Michigan Mechanical Code
8' - 6"
142 SF 1 2015 Michigan Plumbing Code
3' - 8" 2017 National Electrical Code
Reception
200 Large Conference
10' - 4"
2 Construction Type: 1B
215
3' - 0"
Cubicle 1 Level 2 Alteration to approximately 4,097 s.f.
existing office space (Total existing floor area is
204 1
11' - 2"
545 SF approximately 13,100 s.f.)
ELEVATOR
137 SF Occupant Type: B - Business
5' - 4" RESTROOM
2
STAIRS
2 Occupant Load: 41
52' - 1"
Number of Exits Required: 1
total travel total travel Number of Exiits Provided: 2
distance 117' distance 73'
Cubicle
203
157 SF
RESTROOM
2
CONFERENCE ROOM
WOMEN MENS
Cubicle
202
141 SF
1
3
ROOF ACCESS
CONFERENCE ROOM
No. Description Date
STAIR
4
Second Floor
1
1/8" = 1'-0"
Room Schedule
Floor Base Wall Ceiling
Wall Type 1: UL Listed Wall Assembly U419 Finish Finish Finish Finish
5/8" gyp. bd. (typ. UL ULIX or equivalent) on both sides of 3 5/8" metal studs (25 gauge) @ 16" o.c.. Fill wall cavity with 3
Rm # Name Area Occupants Comments Department
1/2" batt insulation (R-11) Build wall to structure above (10'-9" a.f.f.)
Wall Type 2: Moveable cubicle partitions - designed and installed by others. Partitions will provide privacy, 200 Reception 202 SF 2.02 CPT TILE VINYL PAINT TILE CNS
but will allow for 2'-0" min space between top of partition and bottom of lay-in ceiling. 201 CNS 516 SF 3.3 CPT TILE VINYL PAINT TILE CNS
202 Cubicle 141 SF 1.3 CPT TILE VINYL PAINT TILE CNS
203 Cubicle 157 SF 1.5 CPT TILE VINYL PAINT TILE CNS
204 Cubicle 137 SF 1.4 CPT TILE VINYL PAINT TILE CNS City of Muskegon
205 Cubicle 142 SF 1.3 CPT TILE VINYL PAINT TILE CNS
206 Office 166 SF 1.7 CPT TILE VINYL PAINT TILE CNS
207 Cubicle 97 SF 1 CPT TILE VINYL PAINT TILE CNS
208 Cubicle 96 SF 1 CPT TILE VINYL PAINT TILE CNS 2nd Floor Offices
209 Cubicle 106 SF 1.08 CPT TILE VINYL PAINT TILE CNS 933 Terrace Ave
210 Cubicle 133 SF .7 CPT TILE VINYL PAINT TILE CNS
211
212
Cubicle
Office
131 SF
143 SF
1
1.4
CPT TILE
CPT TILE
VINYL
VINYL
PAINT
PAINT
TILE
TILE
PLANNING
PLANNING
Second Floor Plan
213 Office 182 SF 1.4 CPT TILE VINYL PAINT TILE PLANNING Project number 202004
214 Planning 212 SF 2 CPT TILE VINYL PAINT TILE PLANNING Date 06/05/20
215 Large Conference 545 SF 5.4 CPT TILE VINYL PAINT TILE PLANNING Drawn by AJR
216 CM Reception/Open Office 520 SF 5.3 CPT TILE VINYL PAINT TILE CITY MANAGER
217 City Manager Office 356 SF 3.9 CPT TILE VINYL PAINT TILE CITY MANAGER
A101
Scale 1/8" = 1'-0"
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 23, 2020 Title: Transmittal of 2020-21 Proposed
Budget
Submitted By: Frank Peterson, City Manager Department: City Manager
Brief Summary: At this time staff is transmitting to the City Commission the proposed budget for
fiscal year 2020-21 which starts July 1, 2020. Both hardcopy and electronic versions of the budget
have been distributed to Commissioners. Additionally, the budget is available for inspection on the
City’s website and at the City Clerk’s office.
The proposed budget was reviewed in detail with staff at the June 8, 2020 work session. A public
hearing on the budget was held at the regular Commission meeting on June 9, 2020. City
ordinance requires that the budget be adopted by the Commission on or before the second
Commission meeting in June.
https://www.muskegon-
mi.gov/cresources/Commission%20Approval%20Budget%202021%20(june4).pdf
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Approval of the proposed budget for fiscal year 2020-21.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
RESOLUTION OF APPROPRIATION
2020-21 BUDGET
WHEREAS, the City Manager has submitted a proposed Budget for 2020-21 in accordance
with City Ordinance and Michigan Public Act 621 of 1978 known as the "Uniform Budgeting and
Accounting Act"; and,
WHEREAS, the 2020-21 proposed Budget has been reviewed by the City Commission
following a public hearing for which due notice was given; NOW, THEREFORE, BE IT RESOLVED
that the Budget for the City of Muskegon for the fiscal year beginning July 1, 2020 is hereby
determined and adopted as follows:
GENERAL FUND
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
101-10101 City Commission $85,642.00
101-10102 City Promotions & Public Relations $58,000.00
101-10145 City Attorney $380,000.00
101-10172 City Manager $442,010.00
101-10875 Support to Outside Agencies $425,363.00
101-10891 Contingency and Bad Debt Expense $100,000.00
101-20215 City Clerk & Elections $622,802.00
101-20220 Employee Relations $224,437.00
101-30202 Finance Administration $640,541.00
101-30205 Income Tax Administration $400,220.00
101-30209 Assessing Services $349,000.00
101-30248 Information Systems Administration $530,926.00
101-30253 City Treasurer $625,823.00
101-30851 Insurance Premiums $360,000.00
101-30906 Debt Retirement $445,100.00
101-30999 Transfers to Other Funds $740,000.00
101-40301 Police $10,766,690.00
101-50336 Fire $3,285,760.00
101-50338 Central Fire Station $75,000.00
101-50387 Building Code Inspections and Enforcement $2,349,360.00
101-60265 City Hall Maintenance $295,402.00
101-60446 Community Event Support/Downtown BID $91,539.00
101-60448 Streetlighting $350,000.00
101-60523 Sanitation $2,267,799.00
101-60550 Stormwater Management $14,000.00
101-70276 Cemeteries Maintenance $498,897.00
101-70751 Parks Maintenance $1,832,600.00
101-70757 McGraft Park Maintenance $122,975.00
101-80400 Planning, Zoning and Economic Development $441,257.00
101-90000 Major Capital Improvements $50,000.00
Grand Total General Fund Appropriations
$28,871,143.00
OTHER BUDGETED FUNDS
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
202,204 Major Streets and State Trunklines 4,698,046
203 Local Streets 1,654,958
264 Criminal Forfeitures 0
BE IT FURTHER RESOLVED that the revenues and other financing sources (including use of
prior year balances) for Fiscal Year 2020-21 are estimated as follows:
GENERAL FUND
FUND/ACTIVITY NAME AMOUNT
Taxes $ 15,477,115
Licenses and Permits 2,629,500
Federal Grants 40,000
State Grants 776,000
State Shared Revenue 4,130,818
Charges for Sales & Services 4,027,455
Interest & Operating Transfers 428,500
Fines & Fees 643,647
Other Revenue 825,000
Total General Fund Revenue
Appropriations $28,977,855
OTHER BUDGETED FUNDS
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
202,204 Major Streets and State Trunklines 5,587,410
203 Local Streets 1,639,500
264 Criminal Forfeitures 1,400
BE IT FURTHER RESOLVED that the operating expense projections for the following non-budget
funds are hereby approved:
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
305 TIFA Debt Service $50,000
394 Downtown Development Authority Debt 599,373
290 Local Finance Development Authority Debt 445,100
295 Brownfield Redevelopment Authority (Betten) 30,813
296 Brownfield Redevelopment Authority (Former Mall) 175,000
298 Brownfield Redevelopment Authority (Terrace Point) 225,000
252 Farmers Market & Kitchen 242 201,703
254 L C Walker Arena 1,561,843
404 Public Improvement Fund 2,427,324
482 State Grants Fund 0
590 Sewer 17,632,272
591 Water 15,738,202
594 Marina/Launch Ramp 342,258
661 Equipment 3,185,294
642 Public Service Building 1,101,205
643 Engineering Services Fund 491,866
677 General Insurance Fund 4,877,448
BE IT FURTHER RESOLVED, that there is hereby appropriated for said fiscal year the several
amounts set forth above which, pursuant to the "Uniform Budget and Accounting Act", define the
City of Muskegon's appropriation centers, and
BE IT FURTHER RESOLVED, that the City Manager is hereby empowered to transfer
appropriations within appropriation centers, and
BE IT FURTHER RESOLVED, that there is hereby levied a general tax as herein fixed on each
dollar of taxable valuation for the purposes herein outlined, said levy to be applied on all taxable
real and personal property in the City of Muskegon as set forth in the assessment roll dated May
2020:
PURPOSE MILLAGE (MILLS)
General Operating 9.9920
Sanitation Service 2.9976
Promotion .0824
Total 13.0720
At a meeting of the City Commission of the City of Muskegon, on the Twenty-third Day of June 2020,
the foregoing resolution was moved for adoption by Commissioner _______________.
Commissioner _____________________ supported the motion.
Resolution declared adopted.
_________________________________ __________________________________
Mayor City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 23, 2020 Title: Rental Housing Pilot Program
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Staff is proposing a Pilot program to incentivize privately-funded residential rental
development in our core neighborhoods. The Pilot program seeks to leverage upfront capital from
residential developers in exchange for semi-affordable rents, property tax flexibility and shared risk in the
rental market.
Detailed Summary: We are proposing the framework of a Pilot program that we would use to initially
partner with West Urban Homes to construct 50 units on vacant city lots. The program is expected to be
applicable to many different builders/developers and many different housing types and densities. As the
City tries to revers 40+ years of neighborhood disinvestment, it is important that we acknowledge the areas
that make us less-attractive for development than urban areas. Some of those items are more in our
control than others. This program focuses strictly on developer return on investment – with the goal of the
city acting as a partner to help ensure that a major investment in rental housing neither fails to cashflow
nor causes unreasonable increases in local rents. Many times, affordability and profitability contradict one
another – this Pilot Program is designed to help attain both.
Amount Requested: $ Amount Budgeted: $
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To accept the Letter of Intent from West Urban Homes and authorize the City
Manager and City Attorney to finalize the draft Development Agreement for formal approval at the July 14
City Commission meeting.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
West Urban Properties, LLC
3265 Walker Ave.
Grand Rapids, MI. 49544
Letter of Intent for Proposed Development
Muskegon City’s Scattered Site Brownfield Project
Project Name: Muskegon West Urban Development
Applicant/Project Owner: West Urban Properties, LLC
June 18, 2020
City of Muskegon
Department of Planning & Economic Development
933 Terrace St.
Muskegon, MI. 49440
It is our pleasure to submit this letter of intent to participate in the City’s Pilot Program focused on incentivizing the
infilling of vacant lots with a combination of market-rate and semi-affordable rental units. Muskegon is currently
experiencing a shortage in quality rental housing – both for affordable units and market-rate units. We recognize that
residential development in the core neighborhoods is beneficial to the City. We need to provide reasonably-attainable,
high-quality housing for the residents/employees needed to continue this strong economic growth in Muskegon.
Project Summary
The Project will include 100 new rental housing units, with the goal of growing the number to fill the 600+ vacant lots
spread throughout the city’s core neighborhoods. We would include one- and two-story dwellings serving the residents
and possibly some “live-work” small business tenants. We expect this to be the first phase of a multi-phased approach,
and will comprise units designed to fit within the building boundaries on the various vacant lots and designed to fit into
the character of the neighborhoods. The infill dwellings will include between 900 and 2,000 square feet, and include the
following types:
• Single-Family housing • Multi-Family subdivision
• Single-Family subdivision • Scattered-site housing
• Multi-Family housing • Live/Work housing
Project Benefits
The construction of new single-family and multi-family rental housing can substantially enhance the lives of medium and
low-income families and accommodate renters earning 120% or less of the Muskegon County Area Median Income
(AMI) within the community by offering them an increased number and variety of affordable NEW housing options. This
partnership to construct new single-family and multi-family rental housing, will help fill a void that the private sector has
not been able to fill for the past 30-40 years in Muskegon. The construction of new rental housing can also expand the
City’s development program as follows:
1. Increase real estate taxes (based 2019 rate & Development Agreement) on vacant lots maintained by the City
by approximately $4,650 per unit.
2. Provide additional employment and sales opportunities for Muskegon by approximately $15,000,000 for
construction material sales and subcontractor labor.
3. Provide additional long-term employment opportunities as Property Management and Property Services for the
life of each dwelling.
4. Reduce cost for the City’s annual property maintenance on the vacant lots.
5. Reduce cost for the City’s annual liability insurance on the vacant lots.
6. Provide between 90,000 – 200,000 sq. ft. new housing alternative to Muskegon.
7. Provide opportunities to grow the city’s population in anticipation of future census counts.
8. Provide opportunities for a live-work relationship with the surrounding area.
9. Give current residents an opportunity to move from marginal/substandard rentals to newer and more energy-
efficient rentals within their neighborhood.
10. Provide the community with new residents who will work and shop in the area.
The Project will give positive energy to the City’s core neighborhoods and provide additional housing diversity that
complements the make-up of the neighborhood.
Project Specifics
The Project anticipates attracting a mix of residents including urban families, professionals, young-professionals, empty-
nesters and active seniors. The units will include high-quality construction. Every building site will need a unique design
to accommodate the lot size and the characteristics of the neighborhood.
Unit Mix:
• Two/Three Bedrooms / 1-3 Baths
• Some with Attached Garages, Some without
• Some with Detached Garages, Some without
• Some with raised porches, Some without
• Some with Patios/Decks, Some without
• Many will meet the visit-able standard, while others will meet liv-able standard.
In closing, we look forward to working with the City of Muskegon on the next phase of “WATCH US GO”!
Sincerely,
Dave D. Dusendang
PILOT DEVELOPMENT AGREEMENT
THIS PILOT DEVELOPMENT AGREEMENT (the “Agreement”) is made on the ____ day of
________, 2020, by and between the CITY OF MUSKEGON, a Michigan municipal corporation,
whose address is 933 Terrace Street, Muskegon, Michigan 49440 (the “City”) and West Urban
Properties, LLC, a Michigan limited liability company, whose address is 3265 Walker Avenue,
Suite D, Grand Rapids, Michigan, 49544 (the “Developer”).
RECITALS
A. Pursuant to P.A. 381 of 1996, as amended, (“Act 381”), the Muskegon Brownfield
Authority adopted a brownfield plan on ____________ (the “Brownfield Plan”) to add numerous
vacant properties, including ______ (this is where we’ll add all applicable property addresses),
Muskegon, Michigan (the “Property”).
B. The Property is included in the City’s Scattered Site Brownfield Project, as
amended by the Muskegon Brownfield Redevelopment Authority on ________.
C. The City is interested in creating an incentive for developers to create new semi-
affordable residential homes, and intends for this Agreement to be a limited-scope Pilot
Agreement that would be refined, proven, and included in the City’s Tax Incentive Program for
all future rental home developers to access.
D. The Developer intends to redevelop the Property into a 100-unit scattered site
residential rental neighborhood where no less than 40% of the units are allocated to tenants with
income levels between 80% and 120% of the Area Median Income, as defined by the Michigan
State Housing Development Authority (the “Project”).
NOW, THEREFORE, the parties agree as follows:
1. Project Completion.
a. Developer agrees to purchase the Property in ____ separate parcels.
i. The Developer will be responsible for all survey work associated with lot line
adjustments.
ii. All inspection and permit fees, including water and sewer connection fees, shall
be the responsibility of the City with the exception of Building Permit fees, which shall be
the responsibility of the Developer.
b. Operating Incentive. In exchange for the Developer’s commitment to allocate 40
semi-affordable units, the City agrees to provide an operating incentive to ensure such
affordability, as follows:
i. Upon completion of the Project, the City’s Assessor shall set a State
Equalized Value (SEV) for the Properties. If the collective SEV is greater than $3,750,000, the
Developer shall have the option to contest the value at the March Board of Review. If the Board
of Review fails to agree with the Developer’s assertion of an SEV no greater than $3,750,000, the
Developer shall have the option to contest the value to the Michigan Tax Tribunal. The City shall
accept any settlement offer equal to or greater than $3,750,000.
ii. In the event that the average rent falls below $1,300 per unit per month,
the City agrees to work with the developer to follow the process described above to reduce the
SEV by 20 percentage points for every $50 reduction in the average per unit monthly rent. For
example, if the average rent is $1,200 per unit per month, the city shall work to reduce the SEV
by 25% to $1,500,000.
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iii. In the event the average rent rises above $1,300 per unit per month, the
City agrees to work with the developer to follow the process described above to increase the SEV
by 20 percentage points for every $50 increase in the average per unit monthly rent. For
example, if the average rent is $1,400 per unit per month, the city shall work to increase the SEV
by 40% to $5,250,000.
2. Rental Rates.
The Developer shall cap the monthly rental rate of the income-restricted units to meet
the RENT LIMITS established annually by the Michigan State Housing Development Authority for
a Muskegon County family earning 120% AMI and renting a 3-bedroom home.
3. Shared Rental Benefit.
As an incentive to assist moderate income renters, the Developer may from time to time
rent units at a rental rate below $1,050 per month. In the event the developer rents a unit to an
income-qualified resident for less than $1,050 per month, the city will reimburse the Developer
50% of the difference between the actual rental rate and $1,050 per month. As an incentive to
attract market rate renters, the Developer may from time to time rent units at a rental rate above
$1,525 per month. In the event the developer rents a unit to a tenant for more than $1,525 per
month, the Developer will remit to the city 50% of the difference between the actual rental rate
and $1,525 per month.
4. Vacancy Assistance.
During the first 30 days after completion, the Developer shall be responsible for any
vacancy losses. After the 30-day holding period, and during the first 12 months of the completion
of the project, any units remaining vacant or unrented, the City will reimburse the Developer
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$1,050 per month until the unit is rented or sold. Any unit that remains vacant for more than
three months must be listed on the MLS at a price not more than 110% of cost to construct.
Failure to list the property for sale at not more than 110% of the cost to construct shall render
the City’s obligation to provide vacancy assistance invalid.
5. Term of Agreement.
The Developer’s obligations under this Agreement shall terminate on January 1, 2041 or
upon a sale of the Property that results in an uncapping of the Property’s Taxable Value (the
“Term”).
6. Notices.
All notices shall be given by registered or certified mail addressed to the parties at their
respective addresses as shown above. Any party may change the address by written notice sent
by registered or certified mail to the other party.
7. Assignment.
Developer shall have the right to assign all of its rights and delegate all of its obligations
under this Agreement to either an existing or a newly created entity, provided, however, that no
assignment shall operate as a release of the Developer. Except as otherwise set forth above,
neither party may assign its rights or delegate its obligations under this Agreement without the
consent of the other party, which consent may be withheld in such other party’s sole discretion.
8. Arbitration.
Any and all disputes, controversies, or claims arising out of or in connection with or
relating to this Agreement, or any breach or alleged breach thereof, shall, on the request of either
party, be submitted to and settled by arbitration in the State of Michigan pursuant to the rules,
4
then in effect, of the American Arbitration Association (or at any other place or under any other
form of arbitration mutually acceptable to the parties involved). This Agreement to arbitrate shall
be specifically enforceable under the prevailing arbitration law. Notice of the demand for
arbitration shall be filed, in writing, within a reasonable time after the claim, dispute, or other
matter in question arose where the party asserting the claim should reasonably have been aware
of it, but in no event later than the applicable Michigan statute of limitations. Cost of arbitration
shall be shared equally by the parties, provided that each party shall pay for and bear the cost of
his or her own experts, evidence, and attorney fees. Judgment on the award rendered by the
arbitrator may be entered in any court having jurisdiction to do so.
9. Entire Agreement.
This Agreement supersedes all agreements previously made between the parties relating
to the subject matter. There are no other understandings or agreements between them.
10. Non-Waiver.
No delay or failure by any party to exercise any right under this Agreement, and no partial
or single exercise of that right, constitutes a waiver of that or any other right, unless otherwise
expressly provided herein.
11. Headings.
Headings in this Agreement are for convenience only and shall not be used to interpret
or construe its provisions.
12. Governing Law.
This Agreement shall be construed in accordance with and governed by the laws of the
State of Michigan.
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13. Counterparts.
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original but all of which together shall constitute one and the same instrument.
14. Binding Effect.
The provisions of this Agreement shall be binding upon and inure to the benefit of all the
parties and their respective heirs, legal representatives, successors and assigns.
The parties have executed this Agreement on the date set forth above.
CITY OF MUSKEGON
By:_____________________________
Its:_____________________________
WEST URBAN PROPERTIES, LLC
By:_____________________________
Its:_____________________________
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EXHIBIT A
TO DEVELOPMENT AGREEMENT
7
EXHIBIT B
TO DEVELOPMENT AGREEMENT
PARCEL PURCHASE AGREEMENT
This PARCEL PURCHASE AGREEMENT (this “Agreement”) is made on the ____ day of
__________, 2020, by and between WEST URBAN PROPERTIES, LLC, a Michigan limited liability
company of 3265 Walker Avenue, Suite D, Grand Rapids, Michigan, 49544 (“Purchaser”) and THE
CITY OF MUSKEGON, a Michigan municipal corporation, of 933 Terrace Street, Muskegon,
Michigan 49440 (“Seller”) as follows:
BACKGROUND
Purchaser and Seller entered into a Development Agreement which contemplates that
Purchaser will purchase ___ separate parcels of land. The parcels are both located in the City of
Muskegon, Muskegon County, Michigan, and are depicted on the attached Exhibit A.
AGREEMENT
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS
SET FORTH HEREIN THE PARTIES AGREE AS FOLLOWS:
1. Phase Parcels. Seller agrees to sell and Purchaser agrees to Purchase the parcels,
as depicted on the attached Exhibit A. The precise description of each project and any individual
building sites within each property will be agreed to by the parties prior to closing, as
contemplated by the Development Agreement.
2. Purchase Price. The Purchase Price shall be one dollar ($1.00) for each parcel.
The Purchase Price shall be delivered at Closing in immediately available funds subject to
the terms and conditions stated in this Agreement. The Purchaser’s obligations under this
Agreement are not contingent upon financing.
3. Investigation Period; Right to Terminate. The “Investigation Period” shall expire
ninety (90) days following the date this Parcel Purchase Agreement has been executed by both
parties (the “Effective date”). During the Investigation Period, Purchaser shall have the right to
have the Parcel inspected, surveyed, evaluated, analyzed, tested, appraised and/or assessed for
any matter whatsoever, including but not limited to, market value; soil conditions; location of
flood plains; presence of wetland and necessary mitigation, if any; storm water drainage systems;
presence of environmental contamination; health and safety conditions; access to utilities;
access to public roads; zoning; entitlement; compliance with laws, codes and ordinances and any
other matter desired by Purchaser. Seller hereby grants Purchaser and Purchaser’s agents,
employees, representatives, consultants, and contractors a nonexclusive license during the term
of this Agreement, to enter and have access to the Parcel for purposes of having such
investigations performed and the right to discuss the Parcel and the conditions related thereto
with governmental authorities. During the Investigation Period, and any extensions thereof,
Purchaser has sole discretion to terminate this Agreement. All investigations, testing, and
inspections by Purchaser shall be at Purchaser’s sole cost and expense. Any permits or permitting
requested or required by Purchaser shall be at Purchaser’s sole cost and expense, and at
Purchaser’s sole risk. Purchaser may extend the Investigation Period for up to an additional
ninety (90) days if Purchaser in good faith decides to do so based on information learned during
the Investigation Period.
4. Payment of Property Taxes. Purchaser shall have no obligation to pay any amount
for Property taxes that may have been assessed through the date of closing.
5. Closing Deadline; Schedule. The parties agree to schedule closings at the earliest
possible time following the latter end of the Investigation Period, or any extension thereof.
6. Seller’s Closing Deliveries. At the Closing, Seller shall deliver to the Purchaser, the
following items, which shall be in a form and substance satisfactory to Purchaser:
A. A Quit Claim Deed conveying to Purchaser Seller’s interest to the Parcel,
executed and acknowledged by Seller in recordable form;
B. Such other documents, including a signed Closing Statement, as are
necessary and appropriate for the consummation of this transaction by Seller.
7. Purchaser’s Closing Deliveries. At Closing, Purchaser shall deliver to Seller: a)
approved building plans and permits for the Parcel; b) the Purchase Price; and c) such other
documents, including a signed Closing Statement, as are necessary and appropriate for the
consummation of this transaction by Purchaser.
8. Special Assessments. Seller agrees to disclose to Purchaser, in writing, information
regarding any outstanding special assessments on the Parcel, within ten (10) days of execution
of this Agreement.
9. Title. It is Purchaser’s obligation to order a commitment for an owner’s policy of
title insurance from Devon Title Agency (the “Title Policy”) within ten (10) days of the date of this
Agreement. If Purchaser has any objections to matters disclosed in the title commitment,
Purchaser has the right to terminate this Agreement without further obligation.
10. Representations and Warranties of Seller. Seller hereby represents and warrants
to Purchaser that to the best of Seller’s knowledge, as of the date hereof and on the date of
Closing, which representations and warranties shall survive Closing, but without additional
investigation by Seller:
A. Seller has the right, power and authority to enter into this Agreement and
to sell the Parcel in accordance with the terms hereof, and Seller has granted no option or right
of first refusal to any other person or entity to purchase the Parcel and has not entered into any
contract to sell the Parcel as of the date of the Agreement. The individuals signing this Agreement
9
and all other documents executed or to be executed pursuant hereto on behalf of Seller are and
shall be duly authorized to sign the same on Seller's behalf and to bind Seller thereto.
B. Except as disclosed in the writing to Purchaser by Seller, Seller has not
received any notice of, and has no knowledge within the past ten (10) years, of existing violations
on the Parcel or any portion thereof of any zoning, building, fire, health, pollution, environmental
protection, hazardous or toxic substance or waste disposal law or ordinance.
C. At the Closing, there will be no parties in possession of the Parcels or
entitled to possession thereof other than Seller. There will be no leases, agreements, options or
other instruments or agreements in effect with respect to the Parcel.
D. There are no existing or pending condemnations or sales in lieu thereof
with respect to the Parcel, or any part thereof, nor have any such actions, suits, proceedings or
claims been threatened or asserted.
E. There are no delinquent assessments. Except for any ordinary accruals of
dues, no future assessments against the Parcel has been announced.
F. There is no litigation, proceeding or investigation pending or, to Seller’s
knowledge, threatened against or involving Seller or the Parcel, and Seller does not know or have
reason to know of any grounds for any such litigation, proceeding or investigation, which could
have an adverse impact on Purchaser or Purchaser’s title to or use of the Parcel, either before or
after Closing.
G. Seller has not received any notice of assessment or proposed assessment
in connection with the Parcel.
H. Seller is not a “foreign person” as that term is defined in section 1445 of
the Internal Revenue Code of 1986, as amended.
I. Except as set forth in documents provided by Seller to Purchaser, the
Parcels and Seller are in full compliance with all requirements of federal, state and local
environmental, health or safety laws, regulations and administrative or judicial decrees, as
amended (the “Environmental Laws”).
J. With the exception of the documents available in the public domain and
the documents provided by Seller to the Purchaser, there are no reports, studies, appraisals,
engineering reports, agreements with governmental authorities, wetland studies or reports,
flood plain studies or reports related to the Parcel of which Seller is aware within the last ten (10)
years, or that are in Seller’s possession or control.
11. Representations and Warranties of Purchaser. Purchaser hereby represents and
warrants to Seller, which representations and warranties shall survive Closing, that as of the date
hereof, and on the date of Closing:
10
A. Purchaser has the full power and authority to execute, deliver and perform
this Agreement and all of Purchaser’s obligations under this Agreement; and
B. The individuals signing this Agreement and all other documents executed
or to be executed pursuant hereto on behalf of Purchaser are and shall be duly authorized to sign
the same on Purchaser’s behalf and to bind Purchaser thereto.
12. Indemnification. Seller agrees to indemnify and hold Purchaser and its managers,
members, and successors and assigns and their members, managers and representatives (the
"Purchaser Group") harmless from and against any and all liabilities, claims, demands, and
expenses, of any kind or nature, including but not limited to, all expenses related thereto,
including, without limitation, court costs and attorney’s fees for matters (i) arising or accruing
prior to the Closing and which are in any way related to the ownership, maintenance, or
operation of the Parcel; and/or (ii) arising from or related to the inaccuracy or breach of any of
Seller’s representations and warranties. Purchaser agrees to indemnify and hold Seller and its
managers, members, and successors and assigns and their members, managers and
representatives (the "Seller Group") harmless from and against any and all liabilities, claims,
demands, and expenses, of any kind or nature, including but not limited to, all expenses related
thereto, including, without limitation, court costs and attorney’s fees for matters (i) arising or
accruing after the Closing and which are in any way related to Purchaser’s ownership,
maintenance, or operation of the Parcel; and/or (ii) arising from or related to the inaccuracy or
breach of any of Purchaser’s representations and warranties. It is expressly stipulated and agreed
that the provisions of this Section shall survive the Closing.
13. Default and Remedies.
A. Purchaser’s Default; Seller’s Remedy. If the Purchaser fails to close on the
purchase of the Parcel, Seller may, as its sole and exclusive remedy, terminate this Agreement by
giving an appropriate Notice of Default as provided below.
B. Seller’s Default; Purchaser’s Remedies. If the Seller fails to close on the
purchase of the Parcel, Purchaser may, as its sole and exclusive remedy, terminate this
Agreement by giving an appropriate Notice of Default as provided below.
C. Notice of Default. In the event either party declares the other to be in
default, such declaration shall be in writing, with an outline of the actions required to cure such
default. The recipient of such notice of default shall have 15 days to cure the alleged default.
14. Attorneys’ Fees. The prevailing party in any legal proceeding brought under or
with relation to this Agreement or transaction shall be entitled to recover court costs, reasonable
attorneys' fees and all other litigation expenses from the non-prevailing party.
15. Sale and Assignment of Agreement. Purchaser shall have the right to assign all of
its rights and delegate all of its obligations under this Agreement to either an existing or a newly
created entity, provided however, that no assignment shall operate as a release of the Purchaser.
Except as otherwise set forth above, neither party may assign its rights or delegate its obligations
11
under this Agreement without the consent of the other party, which consent may be withheld in
such other party's sole discretion.
16. Confidentiality. The parties hereto agree to keep the terms and provisions of this
Agreement strictly confidential with the exception of disclosures to their respective attorneys,
financial consultants, lenders, investors and other persons or entities necessary for
consummation of this Agreement and for Purchaser’s purposes as provided above.
17. Miscellaneous.
A. TIME IS OF THE ESSENCE OF THIS AGREEMENT.
B. This Agreement shall be governed by and construed under the laws of the
State of Michigan.
C. This Agreement supersedes all prior discussions and agreements between
Seller and Purchaser with respect to the conveyance of the Parcel and all other matters contained
herein and constitutes the sole and entire agreement between Seller and Purchaser with respect
thereto. This Agreement may not be modified or amended unless such amendment is set forth
in writing and signed by both Seller and Purchaser.
D. All notices, payments, demands or requests required or permitted to be
given pursuant to this Agreement shall be in writing and shall be deemed to have been properly
given or served effective on the second (2nd) business day after being deposited in the United
States mail, postpaid and registered or certified with return receipt requested; or when sent by
private courier service for same-day delivery or one day after being sent by private courier service
for next-day delivery. Notices shall be sent via e-mail and also to the respective addresses set
forth below:
To Seller: THE CITY OF MUSKEGON
Attn: City Manager
933 Terrace St.
Muskegon, MI 49440
To Purchaser: WEST URBAN PROPERTIES
Attn: Dave Dusendang
3265 Walker Avenue, Suite D,
Grand Rapids, Michigan, 49544
E. This Agreement shall inure to the benefit of and bind the parties hereto
and their respective heirs, legal representatives, successors and permitted assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
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SELLER:
THE CITY OF MUSKEGON
By:
Its:
PURCHASER:
WEST URBAN PROPERTIES
By:
Dave Dusendang
Its:
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EXHIBIT A
TO PURCHASE AGREEMENT
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