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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 (Former Catholic Charities) to MidTown Center, LLC (Dave Dusendang) 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 144 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 144 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 144 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 144 Other Division Heads X Communication Legal Review Page 5 of 144 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 144 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 144 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 144 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 144 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 144 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 144 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 144 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 144 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 144 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 144 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 144 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 144 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: June 11, 2024 Title: Sale of 1095 Third Street (Former Catholic Charities) to MidTown Center, LLC (Dave Dusendang) 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 Page 18 of 144 MidTown Center, LLC as presented 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 19 of 144 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 144 Approvals: Guest(s) Invited / Presenting: Immediate Division X Head No Information Technology Other Division Heads X Communication Legal Review Page 21 of 144 PARCELS SMALLER THAN 6000 SQFT CURRENT NON-BUILD PARCELS Page 22 of 144 PARCELS THAT COULD BE SPLIT CURRENTLY Page 23 of 144 PARCELS THAT COULD BE SPLIT W/ R-2 Page 24 of 144 CURRENTLY VACANT PARCELS Page 25 of 144 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 144 Zoning Map Aerial Map Properties (noted in blue) removed from Page 27 of 144 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 144 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 144 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 144 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 144 PARCELS THAT COULD BE SPLIT W/ R-2 NOT AFFECTED BY HOUSE PLACEMENT Page 32 of 144 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 144 Communication Legal Review Page 34 of 144 Page 35 of 144 Page 36 of 144 Page 37 of 144 Page 38 of 144 Page 39 of 144 Page 40 of 144 Page 41 of 144 Page 42 of 144 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 144 Head Information Technology Other Division Heads x Communication Legal Review Page 44 of 144 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 144 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 144 (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 144 (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 144 (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 144 (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 144 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 144 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 144 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 144 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 144 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 144 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 144 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 144 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 144 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 144 (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 144 (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 144 (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 144 (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 144 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 144 Other Division Heads Communication Legal Review Page 65 of 144 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 $70,000.00 Service Delivery $60,000.00 $117,807.00 $75,000.00 Housing Ramps $20,000.00 $0.00 Fire Station Bond $213,085.58 $231,106.86 $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 144 TOTAL $ 325,495.00 $ 251,818.00 $33,751.04 km Page 67 of 144 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 144 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 144 Page 70 of 144 Page 71 of 144 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 144 Legal Review Page 73 of 144 Page 74 of 144 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 144 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 144 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 144 Page 78 of 144 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 144 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 144 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 81 of 144 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 82 of 144 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 83 of 144 Page 84 of 144 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 85 of 144 Page 86 of 144 ATTACHMENT A Project Team Page 87 of 144 Page 88 of 144 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 89 of 144 Page 90 of 144 ATTACHMENT B Examples of Similar Plans Page 91 of 144 Page 92 of 144 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 93 of 144 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 94 of 144 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 95 of 144 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 96 of 144 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 97 of 144 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 98 of 144 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 99 of 144 Agreement for Professional Services This Agreement is effective as of May 30, 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: None. Short Elliott Hendrickson Inc. City of Muskegon, MI By: [[DocuSignSignature_1]] By: [[DocuSignSignature_2]] Full Name: [[DocuSignFullName_1]] Full Name: [[DocuSignFullName_2]] Title: [[DocuSignText_1]] Title: [[DocuSignText_2]] Short Elliott Hendrickson Inc. Letter Agreement - 1 City of Muskegon, MI Affirmative Action, Equal Opportunity Employer (Rev. 04.01.24) Page 100 of 144 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 - 2 City of Muskegon, MI (Rev. 04.01.24) Page 101 of 144 Short Elliott Hendrickson Inc. Letter Agreement - 3 City of Muskegon, MI (Rev. 04.01.24) Page 102 of 144 Short Elliott Hendrickson Inc. Letter Agreement - 4 City of Muskegon, MI (Rev. 04.01.24) Page 103 of 144 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 104 of 144 Approvals: Guest(s) Invited / Presenting: Immediate Division x Head No Information Technology Other Division Heads x Communication Legal Review x Page 105 of 144 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 106 of 144 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 107 of 144 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 108 of 144 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 109 of 144 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 110 of 144 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 111 of 144 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 112 of 144 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 113 of 144 By: _______________________________ Name: Ken Johnson Title: Mayor By: _____________________________ Dated: ____________________________ Name: __________________________ Title: __________________________ Dated: __________________________ By: _______________________________ Name: Ann Marie Meisch Title: City Clerk Dated: ____________________________ Page 114 of 144 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 115 of 144 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 116 of 144 Exhibit C Construction Details Page 117 of 144 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 282 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 118 of 144 Legal Review Page 119 of 144 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 1, 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 120 of 144 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 121 of 144 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 122 of 144 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 123 of 144 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 1761 Clinton Street, Muskegon, Michigan 49442 (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 124 of 144 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 125 of 144 Page 126 of 144 Page 127 of 144 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 128 of 144 Communication Legal Review x Page 129 of 144 COMPLETE STREETS POLICY EFFECTIVE: May 2024 Page 130 of 144 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 131 of 144 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 132 of 144 • 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 133 of 144 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 134 of 144 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 135 of 144 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 136 of 144 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 137 of 144 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 138 of 144 Page 139 of 144 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 140 of 144 $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 141 of 144 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 142 of 144 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 143 of 144 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 144 of 144
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