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CITY OF MUSKEGON
CITY COMMISSION MEETING
May 28, 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. Resolution for Dave Alexander Community Engagement
B. FY 2024-25 Budget Presentation Manager's Office
C. DWSRF Project Plan Amendment Public Works
☐ PUBLIC COMMENT ON AGENDA ITEMS:
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. DWSRF Project Plan Amendment Public Works
C. Sale of 509 Adams. Planning
D. City-Owned Billboard Lease Renewal Planning
E. Sale of 186 Myrtle Planning
F. Sale of 553,558,579,601,608,621 Jackson, 505 Alva and 532 Leonard.
Planning
G. Annual Action Plan Budget 2024 Community & Neighborhood Services
H. EGLE Water Affordability & Planning Grant Agreement Public Works
I. Water Affordability Study Consultant Public Works
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J. Downtown Social District Expansion Community Engagement
K. Amendment to Fee Structure for Social District Strickers Community
Engagement
L. Toro Mower Purchase DPW- Parks
M. Playground purchase for Joe Clifford Park (ARPA Funding) DPW- Parks
N. Rezoning of properties on Beach St, Indiana Ave, Ohio Ave, Simpson
Ave, and Nelson St from R-1 to R-2. Planning
☐ PUBLIC HEARINGS:
☐ UNFINISHED BUSINESS:
☐ NEW BUSINESS:
A. Juneteenth Resolution Manager's Office
☐ 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
disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or by calling the following:
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Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705.
[email protected]
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 28, 2024 Title: Resolution for Dave Alexander
Submitted by: Deborah Sweet, Community Department: Community Engagement
Engagement Manager
Brief Summary:
Dave Alexander is retiring after five years of service to the City of Muskegon Government, and
decades of service to our community.
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:
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 28, 2024 Title: FY 2024-25 Budget Presentation
Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office
Brief Summary:
The Finance Department and City Manager's Office will give a budget presentation on the FY 2024-
25 budget.
Detailed Summary & Background:
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 X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 28, 2024 Title: DWSRF Project Plan Amendment
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
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.
Detailed Summary & Background:
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. The resolution is attached.
The Draft Project Plan Amendment is also included.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Decrease infrastructure burden on residents
Sustainability in financial practices and infrastructure
Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Reliable and efficient short and long term financial
practices
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
591 Yes No N/A X
Recommended Motion:
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Move to adopt the City’s 2025 DWSRF Project Plan by the included resolution.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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A RESOLUTION ADOPTING A FINAL PROJECT PLAN AMENDMENT
FOR WATER SYSTEM IMPROVEMENTS AND
DESIGNATING AN AUTHORIZED PROJECT REPRESENTATIVE
WHEREAS, the City of Muskegon recognizes the need to make improvements to its existing water supply
and distribution system; and
WHEREAS, the City of Muskegon authorized Prein&Newhof to prepare an amendment to the City’s
DWSRF Project Plan, which recommends improvements to provide a more reliable and resilient water supply
and distribution system including replacement of aging or undersized water mains, replacement of lead service
lines, which can cause elevated lead concentrations in homes, and replacement or rehabilitation of aging
components of the Water Filtration Plant and a storage tank; and
WHEREAS, said Project Plan Amendment was presented at a Public Meeting held on May 28, 2024 and
all public comments at the hearing or written comments submitted during the public comment period have
been considered and addressed.
NOW THEREFORE BE IT RESOLVED, that the City of Muskegon formally adopts said Project Plan
Amendment and agrees to implement the selected FY 2025 projects based on the selected alternatives for
those projects.
BE IT FURTHER RESOLVED, that the Director of Public Works, a position currently held by Daniel
VanderHeide, is designated as the authorized representative for all activities associated with the project
referenced above, including the submittal of said Project Plan as the first step in applying to the State of
Michigan for a Drinking Water Revolving Fund Loan to assist in the implementation of the selected
alternative.
Yeas:
Nays:
I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on May
28, 2024.
BY: Ann Meisch, City Clerk
______________________________________________________________________________
Signature Date
(EQP 3530 REV 01/2015)
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Project Plan Amendment
FY 2024 Drinking Water Project Plan - Amendment
Prepared for
City of Muskegon
May 2024
2230379
DRAFT
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Contents
1 Project Background .......................................................................................................... 1
Study Area Characteristics – No Revisions ...................................................................... 1
Summary of Project Need ................................................................................................ 1
Projected Needs for the Next 20 Years...................................................................... 1
2 Analysis of Alternatives.................................................................................................... 2
Identification of Potential Alternatives............................................................................ 2
No-Action ................................................................................................................... 2
Elevated Storage Tank ............................................................................................... 3
Replacement of Water Main ..................................................................................... 3
Pipe Material Alternatives – No Revisions ....................................................................... 3
Analysis of Principal Alternatives ..................................................................................... 3
The Monetary Evaluation .......................................................................................... 3
The Environmental Evaluation – No Revisions .......................................................... 4
3 Selected Alternative......................................................................................................... 4
Description of the Selected Alternative........................................................................... 4
Project Schedule .............................................................................................................. 5
Cost Estimates.................................................................................................................. 5
Authority to Implement the Selected Alternatives ......................................................... 6
Financials.................................................................................................................... 6
Design/Permits........................................................................................................... 6
User Costs ........................................................................................................................ 6
Overburdened Community – No Revisions ..................................................................... 7
4 Evaluation of Environmental Impacts – No Revisions ........................................................ 7
5 Mitigation – No Revisions ................................................................................................ 7
6 Public Participation .......................................................................................................... 7
Public Meeting ................................................................................................................. 7
Adoption of Project Plan .................................................................................................. 7
ii
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Tables
Table 5 Amended Summary of Selective Alternatives
Figures
Figure 2 Amended Selected Water System Improvements Map
iii
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Appendices - Amended
Appendix I Cost Estimates
Appendix J Present Worth Analysis
Appendix T Annual Debt Service Cost Summary
Appendix U Public Participation Documentation
Appendix V Resolution of Project Plan Adoption
iv
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1 Project Background
The City of Muskegon adopted its current DWSRF Project Plan on May 23, 2023. Over the last year,
the City continued assessment of its water system. As a result, some additional projects were
identified as high priority to the City. This Project Plan Amendment has been prepared on behalf of
the City of Muskegon, Muskegon County, Michigan, for the purpose of obtaining a Drinking Water
State Revolving Fund (DWSRF) loan from the State of Michigan for the construction of
improvements to the City of Muskegon’s drinking water system.
This report serves only as an amendment to the current approved City DWSRF Project Plan. The
evaluation includes an analysis of cost, technical feasibility, and environmental impacts of the
amended projects only.
Study Area Characteristics – No Revisions
Summary of Project Need
The City has identified additional improvements required over the next 20 years. These consist
of elevated storage tank coating, distribution system looping and lead service line replacements.
Projected Needs for the Next 20 Years
Over the last year additional research, inspections and system modeling have been
completed. Based on these results three additional projects have been identified.
Elevated Storage Tanks
The City’s Marshall Tank wet interior coating was installed in 1991 and has surpassed its
expected service life, furthermore damage to the coating has occurred along the water
line due to ice. A full blast and recoating of the tank wet interior is recommended. A
mixer to improve water quality and reduce ice buildup will also be added.
Distribution System
Following additional system assessment during the City’s ongoing Drinking Water Asset
Management Study two water main dead ends were identified requiring looping. The
proposed projects are identified below.
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Wildwood Lane and Dowd Street Dead End
The South Clayhill neighborhood has two significant dead end water mains in close
proximity to each other. Wildwood Lane Court extends east from Barclay Street. This
street has a 550 ft dead end 8-inch water main which extends from the Barclay 12-
inch water main. Dowd Street from Barney Avenue to Pulaski Avenue has a 700 ft
long 8-inch dead end water main extending south from Barney Avenue. These are
both long dead ends which result in poor water circulation and stagnate water. This
project proposes to connect the two dead ends together with a 360 ft long 8-inch
water main. This will eliminate both dead ends and provide improved hydraulics
within the South Clayhill neighborhood by connecting it to the 12-inch water main on
Barclay Street.
Yuba Street Dead End
Yuba Street between Cross Avenue and Butler is a 400 ft dead end 6-inch water main
that extends from Cross Avenue. This main does not have many users which results
in little water movement and exchanges within the main. The proposed project would
extend an 8-inch water main from the north end of Yuba Street east in Butler Street to
the 24-inch transmission main in Erickson Street. The result is a looped water main
which will improve circulation of the water system in this area. In addition this will
provide better connectivity for the greater neighborhood to the City’s transmission
network.
2 Analysis of Alternatives
Identification of Potential Alternatives
No-Action
Elevated Storage Tank
Failure to maintain an adequate coating on a steal elevated tank will introduce aggressive
corrosion shortening the service life of this critical piece of infrastructure. Failure of the
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tank would be catastrophic. Maintaining the interior coating is a cost-effective method to
lengthen the service life of the tank. The no-action option is not a viable option.
Water Main Looping
If no action is completed, then no improvements to the water age and hydraulics in the
system will occur.
Elevated Storage Tank
Recoating of the tank will consist of first removing the existing coating with an abrasive
blast. Following removal an epoxy coating will be applied over the entire wet interior.
Recoating will provide a long service life for the existing tank. A tank mixer will also be
added to this tank to reduce issues due to stagnant water.
Replacement of Water Main
Wildwood Lane and Dowd Street Dead End
This project will connect the two dead end water mains together with a 360 ft long 8-inch
water main.
Extension of this water main as described will meet all project objectives.
Yuba Street Dead End
This project will extend an 8-inch water main from the north end of Yuba Street east in
Butler Street to the 24-inch transmission main in Erickson Street.
Extension of this water main as described will meet all project objectives.
Pipe Material Alternatives – No Revisions
Analysis of Principal Alternatives
The Monetary Evaluation
Detailed cost estimates are included as well as a present worth analysis as described in the
Project Plan.
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The cost estimates include all costs associated with engineering, construction, and mitigation
cost if necessary. In summary, the monetary evaluation results are as follows:
Wildwood Lane Court and Dowd Street Dead End
Replace water main and all lead services as described in Section 1.2.1.2.
The estimated project cost is $163,000.
Yuba Street Dead End
Replace water main and all lead services as described in Section 1.2.1.2.
The estimated project cost is $229,000.
Marshall Tank Coating
Recoat the wet interior of the Marshall Tank and add a mixer as described in Section
2.1.2.
The estimated project cost is $488,000.
The Environmental Evaluation – No Revisions
3 Selected Alternative
Description of the Selected Alternative
Figure 2 Amended shows the selected water system improvement location. A summary of the
selected alternatives including brief descriptions and cost estimates is included in Table 5
Amended and each added project is described below.
Project 18: Wildwood Lane Court and Dowd Street Dead End (FY2025
Extend 360 ft of 8-inch water main from the dead end on Wildwood Lane
Court to the dead end on Dowd Street.
The estimated project cost is $163,000.
Project 19: Yuba Street Dead End (FY2025)
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Extend 370 ft of 8-inch water main from the dead end on Yuba Street to the
24-inch transmission main on Erickson Street.
The estimated project cost is $229,000.
Project 20: Marshall Tank Coating (FY2025)
Replace the wet interior coating of the Marshall Elevated Storage Tank and
add a tank mixer.
The estimated project cost is $488,000.
Project Schedule
The table below is a schedule for the proposed water system improvements that are intended to
be included as part of the City’s FY2025 DWSRF Project. They would be funded under the
fourth quarter of fiscal year 2025.
FY 2025 DWSRF Project (4th Quarter 2025)
Proposed Project Schedule
Milestone Date
Hold Public Hearing May 28, 2024
Submit Final Project Plan to EGLE June 2024
Receive Approval of Project Plan September 2024
Plans and Specifications Approved May 2025
Receive Construction Permit May 2025
Receive Construction Bids June 2025
DWSRF Loan Awarded August 2025
Begin Construction April 2026
Construction Completed November 2028
Cost Estimates
Appendix I contains cost estimates for the proposed amended water system improvements. The
project costs include construction costs and approximately 30% for construction contingencies,
legal, administrative, and project engineering costs.
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Authority to Implement the Selected Alternatives
Implementation of the proposed project is based on the assumption that the project will be
financed by a low-interest loan from the DWSRF program. The City of Muskegon has the
necessary legal, institutional, financial, and managerial resources available to ensure the
construction, operation and maintenance of the proposed facilities.
Financials
The City of Muskegon recently developed a financial plan as required by the EGLE as part of
its Water Asset Management Program. As a result, the City has continued to implemented
rate adjustments in anticipation of future capital improvements. However, the City of
Muskegon may not construct all proposed projects without grants and/or loan principal
forgiveness in order to have sufficient funds to pay for the proposed bond payments for the
bonding period of twenty years.
Design/Permits
All FY2025 projects will be under design in late 2024 and will be submitted for all necessary
permits prior to the required deadline.
User Costs
EGLE requires the applicant to perform a Present Worth analysis of the various options. The
Present Worth analysis (Appendix J) uses discount factors that reduce the annual expenses
compared to what the annual bond payment would be. Appendix T contains the annual debt
service cost summary and provides the worst-case scenario where the proposed bond payment
will not be reduced by any anticipated discounts related to salvage value, reduction in OM&R,
energy savings, grants, and principal forgiveness. The City of Muskegon is planning on funding
the FY2025 projects with an estimated $13,983,000 DWSRF loan at a 2.00% interest rate for a
20-year period. The expected annual debt service for the proposed projects based on the DWSRF
loan criteria will be approximately $855,154 per year.
This would represent an approximate increase in user rates of $3.43 per month for FY 2025
projects for the average residential user. This is based on 20,784 meter equivalents. For city
customers only. The City will decide on final number of projects to complete and any rate
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adjustments once the DWSRF funding levels for FY 2025 are set and opportunities for grants or
principal forgiveness are determined.
As of July 1, 2022, water rates for City of Muskegon residents are $2.06 per 100 cubic feet for
both City residential and commercial customers. Additionally, a $5.00 lead service line
replacement fee and debt service fee based on meter size is added to all water accounts. Based
on available water billing data, the average residential customer uses 511 cubic feet per month.
This water usage and meter size corresponds to a water bill of $21.61 per month for the typical
residential customer.
Overburdened Community – No Revisions
4 Evaluation of Environmental Impacts – No Revisions
5 Mitigation – No Revisions
6 Public Participation
Public Meeting
A notice of public meeting was posted on the City of Muskegon Facebook page on May 17,
2024, and published on the website on May 17, 2024, eleven full days prior to the public meeting
scheduled for May 28, 2024. A copy of the notice is provided in Appendix L. A copy of the
project planning document was available to the public at City Hall during the public comment
period. A screenshot of the website posting is provided in Appendix L.
Adoption of Project Plan
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Tables
Table 5 Amended: Summary of Selected Alternatives
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CITY OF MUSKEGON
FY24 DWSRF PROJECT PLAN AMENDMENT
Table 5 - Summary of Selected Alternatives
Total Project
Water Service DWSRF Eligible Cost
Project # Year Project Title Project Description Replacements Cost Estimate Estimate
6. FY25 Catherine Avenue - Irwin Replace existing 4-inch and 6-inch water main with approximately 3,300 feet of 8-inch main from Irwin Ave. to
71 $3,103,000 $4,711,000
Ave. to Wood St.* Wood St. Replace water services from the main to the meter in the buildings.
17. FY25 Water Service Replace 870 galvanized/lead water services per year at various locations throughout the City to be determined
870 $10,000,000 $10,000,000
Replacements after funding is obtained.
18. FY25 Wildwood Ln Ct and Replace existing 4-inch and 6-inch water main with approximately 3,300 feet of 8-inch main from Irwin Ave. to
0 $163,000 $163,000
Dowd St Dead End Wood St. Replace water services from the main to the meter in the buildings.
19. FY25 Yuba Street Dead End Replace existing 4-inch and 6-inch water main with approximately 3,300 feet of 8-inch main from Irwin Ave. to
0 $229,000 $229,000
Wood St. Replace water services from the main to the meter in the buildings.
20. FY25 Marshall Tank Coating Recoat the wet interior of the Marshall Tank
0 $488,000 $488,000
Total FY25 Cost: $13,983,000 $15,591,000
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Figures
Figure 2 Amended: Selected Water System Improvements Map
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Bear Lake
Project 19: Project 20:
LY
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LANGLEY ST
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City of North
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SO
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FIGURE 2
Muskegon
ER
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MCLAREN ST
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MAY 2024
TAV
ABBEY ST
ALVA ST
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C IR RS I 2230379
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AV
CO
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Orchard Project 1: Holbrook Avenue
RA
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R
Project 2: 6th Street
TE
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Project 3: 7th Street
AV
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SP
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M ORCHARD AVE
Project 4: Glenside Phase II
STEVENS ST
PIN
R
ST
MILLARD ST
ST
1S
EMERALD ST
E
2N
E
AV AMITY AVE
Project 4: Glenside Phase III
T
SCOTT ST
FORK ST
ST
D
LE
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Project 12:
E RT
ST
E AV MY
VE
Project 4: Glenside Phase IV
N ALLEN AVE
LA AV
Project 14:
JAY ST
O NA
K N G
TO Catherine
OAK GROVE ST
ES ER
HO AV
E
AV
E KE L
WFP Improvements RE
D W
E ST
AY ER M
US WA APPLE AVE
Avenue Project 4: Glenside Phase V
R CL ST
JEFFERSON ST
SO
EB
Project 8: Wood to Getty Project 5: Wood Street
CHESTNUT ST
MAPLE ST
WILLIAMS ST
AM
W
PH
E
AV
Iona Avenue
B
IA
Project 6: Catherine Avenue
3R
RO
ON
ST
D
ADA AVE
FT E
LA
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6T
KENNETH ST
AV
ST
ISABELLA AVE
UF
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Project 7: Jefferson Street
E
H
BE
N
BL AV
EASTGATE ST
ST
TO
ST
IN
RT VE
A
US
ST
EA
CH
SO
Project 8: Iona Avenue
O
AR
HOLT ST
H
RE
4T
ST
W E
LA AV
R
H
MCLAUGHLIN AVE
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Project 9: Orchard Avenue
TRY CLUB D
NA
City of
ST
AV
WOOD ST
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IO
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Project 6:
NS
VE AV TO
RA
R
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Project 10: Madison Street
Muskegon
MO IL E RI HIL VE
NS
Catherine
AV E
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R E
B O LTW O
ER AV TH L AV
O
ON CA
MICH IGAN AVE M G E
Project 11: Dale Avenue
M
AR
S N
MA RO Avenue
UN
ST
TH
CO E
7T
ST AV
A
Project 12: Catherine Avenue
UR
H
WB
Irwin to Wood Project 15:
OD
ST
DR WASHINGTON AVE TA EVA
ST
IRWIN AVE CA NS
HENRY ST
Nims Tank Coating
TO
NA Project 13: 9th Street
BEIDLER ST
VE
GRAND AVE Project 3: NI
M
Project 14: WFP Improvements
ST
Project 2: S
TERRACE ST
FRANKLIN ST
7th Street
ST
U
CLINTON ST
KINGSLEY ST
A
6th Street Project 15: Nims Tank Coating
RN
SOUTHERN AVE
HA
FLEMING AVE
JIROCH ST
Project 5: Project 18: Wildwood Lane & Dowd Street
GETTY ST
DAVIS ST
Wood Project 19: Yuba Street
5TH ST
IRELAND AVE FOREST AVE EMERSON AVE
DIVISION ST
Street
MESSLER ST
HUIZENGA ST
Project 20: Marshall Tank Coating
DR
Project 7:
RUDDIMAN ST
MCGRAFT ST
RE
DALE AVE
HO
Jefferson
S
SEAWAY DR
NOTE: THE LOCATIONS OF THE WATER SERVICE
KE
Street
LA
REPLACEMENT PROJECTS (16 & 17) WILL BE
E
LARCH AVE
AV
SMITH ST
AURORA AVE
SANFORD ST
WITHIN THE CITY SERVICE AREA AND DETERMINED
RY
SUPERIOR ST
Project 11:
TURNER AVE
E ME
E
ELWOOD ST
LAKETON AVE
AFTER FUNDING IS OBTAINED.
AV
PARK ST
AV O
PECK ST
ER
TG
COMMERCE ST
Dale Avenue
M
LA ON
ALPHA AVE
L
PA
TEMPLE ST
NO M
Project 10:
N
NEVADA ST
WINDSOR AVE
HOLBROOK AVE
Madison Street
A DDISON
MADISON ST
TOR
ESTES ST
BOURDON ST
YOUNG AVE Project 1:
RE N
HOYT ST
ST
PARSLOW DR
MA
Project 13: Holbrook KEATING AV E
MO
T
NN
ST
E EK AVE
DCR
9th Street Avenue
ON
FAIR AVE
ST
OO WILSON AVE
W LOW DR
S
AVE WIL
T
M
ER DELANO AVE
CG
Project 4:
9TH ST
MIN
Project 4:
City of
RA
JARMAN ST
MANN AVE
FT
Glenside
BARCLAY ST
Glenside
PA
Muskegon Heights
CONTINENTAL ST
HACKLEY AVE
RK
Phase II Phase IV
RAY ST
VE
STEIN ST
GA
R
MAFFETT ST
AUSTIN ST
VALLEY ST
DIN
D
KANITZ ST
WAALKES ST
DYSON ST
HAR
VINCENT DR
GLEN AVE
CROWLEY ST
HUDSON ST
DOWD ST
KINSEY ST
LEMUEL ST
O DGETT ST
MCILWRAITH ST
GLADE ST
ST
PA R K D
RIDG
8TH ST
E BARNEY AVE
MANZ ST
WESTW OOD
AV
BAKER ST
R
Ru d LEAHY ST
HADDEN ST
G
CUMBERLAND ST
RE
BL
E
d PULASKI AVE
I
ima
EN
CR
BEARDSLEY AVE IVORY AVE
nC
!
W
O
HOVEY AVE
O
ZI
re e
O
ER
REYNOLDS ST
RANDOLPH AVE
D
Project 18:
RIORDAN ST
HOWDEN ST
k
AV
ST
tle
Muskegon
PHILO AVE CHESTER DR
Project 4:
E
W IN
Li t Creek
HOWELL AVE
Wildwood Lane &
MCC RACKEN ST
Project 4: Glenside
Township
MONTAGUE AVE HUME AVE
Dowd Street k
la c
WICKHAM DR
Feet
Glenside Phase V SHERMAN BLVD B 0 650 1,300 2,600
Phase III City of Roosevelt Park Page 23 of 207
Appendix I
Cost Estimates
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Project 6 Updated Estimate of Probable Cost
Owner:
City of Muskegon
Project Title:
Catherine Avenue - Irwin Ave. to Wood Ave.
Date: Project #:
May 10, 2024 2230379
Item
No. Description Quantity Unit Unit Price Total Amount
I. Sanitary Sewer
1 Sanitary Sewer, 8-inch 2,600 ft. $130 $338,000
2 Sanitary Manhole 12 ea. $4,500 $54,000
3 Sanitary Lateral, 6-inch 64 ea. $4,500 $288,000
II. Water Main
4 Water Main, 8-inch 3,300 ft $140 $462,000
5 Water Main, 6-inch 150 ft $125 $18,750
6 Water Main, Valve and Box, 8-inch 17 ea $3,000 $51,000
7 Water Main, Valve and Box, 6-inch 10 ea $2,000 $20,000
8 Water Main, Cross, 8" x 8" x 8" x 8" 3 ea $2,500 $7,500
9 Water Main, Tee, 8" x 8" x 8" 2 ea $2,000 $4,000
10 Water Main, Tee, 8" x 8" x 6" 10 ea $2,000 $20,000
11 Water Main, Tapping Tee & Valve, 10" x 8" 1 ea $9,000 $9,000
12 Water Main, Reducer, 8" x 6" 6 ea $1,500 $9,000
13 Water Main, Hydrant 10 ea $5,000 $50,000
14 Water Main, Connect to Existing 11 ea $5,000 $55,000
15 Water Main, 1-inch Service 71 ea $8,000 $568,000
III. Road Reconstruction
16 Mobilization, Max 10% 1 ls $362,000 $362,000
17 Catch Basin Replacement 15 ea. $4,000 $60,000
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Item
No. Description Quantity Unit Unit Price Total Amount
18 Storm Manhole Replacement, 48-inch Dia 10 ea. $4,500 $45,000
19 Storm Manhole Replacement, 60-inch Dia 2 ea. $9,000 $18,000
20 Storm Sewer Replacement, 12-inch to 15-inch 2,400 ft. $90 $216,000
21 Storm Sewer Replacement, 36-inch 60 ft. $300 $18,000
22 Road Replacement 3,000 ft. $310 $930,000
23 Traffic Control 1 ls $20,000 $20,000
Construction Estimate: $3,623,250
Construction Contingencies, Legal, Administrative, Engineering Costs (30%): $1,087,750
Total Estimate: $4,711,000
Inelgible (1/3 Road Reconstruction): $1,608,000
DWSRF Eligible (2/3 Road Reconstruction): $3,103,000
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Project 17 - Updated Estimate of Probable Cost
Owner:
City of Muskegon
Project Title:
FY25 Water Service Replacements
Date: Project #:
May 10, 2024 2230379
Item
No. Description Quantity Unit Unit Price Total Amount
1 Replace Lead/Galvanized Services 870 ea $10,000 $8,700,000
Construction Estimate: $8,700,000
Construction Contingencies, Legal, Administrative, Engineering Costs (15%): $1,300,000
Total Estimate (DWSRF Eligible): $10,000,000
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Project 18 Estimate of Probable Cost
Owner:
City of Muskegon
Project Title:
Wildwood Ln Ct and Dowd St Dead End
Date: Project #:
May 10, 2024 2230379
Item
No. Description Quantity Unit Unit Price Total Amount
1 Mobilization, Max 10% 1 ls $12,000 $12,000
2 Traffic Control 1 ls $5,000 $5,000
3 Water Main, 8-inch 360 ft $150 $54,000
4 Water Main, 45 Bend, 8-inch 2 ea $2,000 $4,000
5 Water Main, Valve and Box, 8-inch 1 ea $15,000 $15,000
6 Water Main, Sleeve, 8-inch 1 ea $2,000 $2,000
7 Machine Grading, Modified 4 sta $1,000 $4,000
8 Aggregate Surface Course, 6-inch 200 syd $16 $3,200
9 Bin-Block Barrier 4 ea $500 $2,000
10 Clearing and Grubbing 1 lsum $20,000 $20,000
11 Turf Restoration 4.0 sta $1,000 $4,000
Construction Estimate: $125,200
Construction Contingencies, Legal, Administrative, Engineering Costs (30%): $37,800
Total Estimate (DWSRF Eligible): $163,000
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Project 19 Estimate of Probable Cost
Owner:
City of Muskegon
Project Title:
Yuba Street Dead End
Date: Project #:
May 10, 2024 2230379
Item
No. Description Quantity Unit Unit Price Total Amount
1 Mobilization, Max 10% 1 ls $17,000 $17,000
2 Traffic Control 1 ls $5,000 $5,000
3 Water Main, 6- inch 20 ea $110 $2,200
4 Water Main, 8-inch 370 ft $150 $55,500
5 Water Main, Valve and Box, 6-inch 1 ea $2,000 $2,000
6 Water Main, Valve and Box, 8-inch 1 ea $15,000 $15,000
7 Water Main, Tapping Sleeve & Valve, 24" x 24" x 8" 1 ea $10,000 $10,000
8 Water Main, Sleeve, 6-inch 1 ea $2,000 $2,000
9 Water Main, Hydrant 1 ea $5,000 $5,000
10 Machine Grading, Modified 4 sta $1,000 $4,000
11 Aggregate Surface Course, 6-inch 1000 syd $16 $16,000
12 HMA, 330 lb/syd 170 ton $120 $20,400
13 Clearing and Grubbing 1 lsum $20,000 $20,000
14 Turf Restoration 4.0 sta $500 $2,000
Construction Estimate: $176,100
Construction Contingencies, Legal, Administrative, Engineering Costs (30%): $52,900
Total Estimate (DWSRF Eligible): $229,000
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Project 20 Estimate of Probable Cost
Owner:
City of Muskegon
Project Title:
Marshall Tank Coating
Date: Project #:
May 10, 2024 2230379
Item
No. Description Quantity Unit Unit Price Total Amount
1 Paint Wet Interior of Marshall Tank 1 ls $300,000 $300,000
2 Tank mixer 1 ls $75,000 $75,000
Construction Estimate: $375,000
Construction Contingencies, Legal, Administrative, Engineering Costs (30%): $113,000
Total Estimate (DWSRF Eligible): $488,000
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Appendix J
Present Worth Analysis
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CITY OF MUSKEGON DWRF PROJECT PLAN
PRESENT WORTH ANALYSIS - AMENDMENT
Project 6 Project 17 Project 18 Project 19 Project 20
Catherine Avenue - Irwin FY25 Water Service Wildwood Ln Ct and Marshall Tank
Yuba Street Dead End
Project Description Ave. to Wood Ave. Replacements Dowd St Dead End Coating
FY2025 FY2025 FY2025 FY2025 FY2025
Capital Costs (including ELAC)
Structures (50 yr) $2,626,000 $8,461,000 $138,000 $194,000 $0
Process Equipment (10 yr) $0 $0 $0 $0 $413,000
Planning $48,000 $154,000 $3,000 $4,000 $8,000
Engineering, Legal, and Administrative $429,000 $1,385,000 $22,000 $31,000 $67,000
Project Cost (DWSRF Eligible) $3,103,000 $10,000,000 $163,000 $229,000 $488,000
(A) 20-yr Present Worth of Capital Costs 1 $1,893,671 $6,102,709 $99,474 $139,752 $297,812
Operation, Maintenance & Replacement (OM&R)
Energy Cost Savings - Not included/negligible $0 $0 $0 $0 $0
2
Annual OM&R - Not included/negligible $0 $0 $0 $0 $0
Process Equipment Replacement (10 yr) $0 $0 $0 $0 $596,803
(B) 20-yr Present worth of OM&R 1 $0 $0 $0 $0 $0
3
(C) 20-yr Present worth of Energy Cost Savings $0 $0 $0 $0 $0
Salvage Value of Capital
Salvage value at 20 years $1,575,600 $5,076,600 $82,800 $116,400 $0
(D) 20-yr Present worth of Salvage 1 $961,543 $3,098,101 $50,530 $71,036 $0
Total Present Worth (A + B + C - D) $932,128 $3,004,608 $48,944 $68,717 $297,812
Equivalent Annual Cost4 $59,793 $192,737 $3,140 $4,408 $19,104
Total Existing Residential Equivalent Units (REUs)
City of Muskegon REUs: 20,784
Unit of Government Responsible for Payment for: Project 6 Project 17 Project 18 Project 19 Project 20
City of Muskegon 100.00% 100.00% 100.00% 100.00% 100.00%
City of Muskegon Annual Cost per REU $2.88 $9.27 $0.15 $0.21 $0.92
City of Muskegon Monthly Cost per REU $0.24 $0.77 $0.01 $0.02 $0.08
Total Proposed Project Cost FY2025: $13,983,000
Total Present Worth FY2025: $4,352,208
Total Equivalent Annual Cost FY2025: $279,182
Annual 4 Monthly 4
Total City of Muskegon Cost per REU (FY2025 Projects): $13.43 $1.12
Notes:
1
U.S. EPA Discount rate for Year 2024 is
2
Negative value indicates reduction in Annual O&M
3
Assumed energy cost rate of escalation is
4
Based on Total Present Worth
Page 1 of 1
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Appendix T
Annual Debt Service Cost Summary
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CITY OF MUSKEGON
ANNUAL DEBT SERVICE COST SUMMARY - FY 2025 PROJECTS
Project Annual Debt Total Annual Debt
No. Project Cost Estimate Service* Service Cost*
6. Catherine Avenue - Irwin Ave. to Wood Ave. $3,103,000 $189,769 $189,769
17. FY25 Water Service Replacements $10,000,000 $611,567 $611,567
18. Wildwood Ln Ct and Dowd St Dead End $163,000 $9,969 $9,969
19. Yuba Street Dead End $229,000 $14,005 $14,005
20. Marshall Tank Coating $488,000 $29,844 $29,844
$13,983,000 $855,154 $855,154
Existing REU's 20,784
Annual REU Cost $41.14
Monthly REU Cost $3.43
* Annual debt service based on 20 year loan with a 2.00% interest rate.
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Appendix U
Public Participation Documentation
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Summary of Public Meeting and Presentation
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City Website Posting
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Page 37 of 207
List of Attendees
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Appendix V
Signed Resolution of Project Plan Adoption
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 28, 2024 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To approve minutes of the May 13, 2024, Commission Worksession Meeting and the May 14, 2024,
Regular 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 40 of 207
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
May 13, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
2024-42 CALL TO ORDER
The Worksession Meeting of the City of Muskegon was called to order at City
Hall, 933 Terrace Street, Muskegon, Michigan, at 5:30 p.m.
Present: Mayor Ken Johnson, Vice Mayor Rebecca St.Clair, Commissioners Jay
Kilgo, Willie German, Jr., Rachel Gorman, and Katrina Kochin
Absent: Commissioner Destinee Keener
NEW BUSINESS
A. Taste & LAF Transition to LAB Events DPW- Parks
LAB Events has requested the transition of ownership of both Taste of Muskegon
and Lakeshore Art Festival from the City of Muskegon Parks & Recreation
Department. They have put together a proposal that will keep these popular
events as a staple of Muskegon as well as make improvements. Parks and
Recreation Director Kyle Karczewski explained the request to transition
ownership and discussion was held. This item will be on the May 14, 2024, City
Commission Meeting.
B. City Hall Operations Space Needs Analysis Update Planning
An update on the findings of a space needs analysis for City Hall operations
that considers a potential move to the former Hackley Administration Building.
Upon selection of their contract in November 2023, City Staff worked with
Integrated Architecture to complete the City Hall Operations Space Needs
Analysis. The analysis compares the available space in both the current City Hall
building at 933 Terrace Street and the former Hackley Administration Building at
349 W. Webster Avenue to evaluate a potential move of City Hall staff and
services to the former Hackley Administration Building. Jamie Pesch, Planner,
Page 1 of 3
Page 41 of 207
explained the findings.
C. Muskegon Social Equity Program Planning
The City has received $69,949.85 from the excise tax on marihuana for fiscal
year 2023. The City has traditionally allocated 30% of the money to fund the
Musekgon Social Equity Program (MSEP). Staff is recommending a few changes
to the MSEP with the new funding. Mike Franzak, Planning Director updated
Commission.
D. Sale of 12.87 acres at 2675 Olthoff Drive to Bluewater Industrial
Development, LLC Economic Development
Staff have been working with Bluewater Development to negotiate a purchase
agreement for a portion of our remaining acreage at the Port City Industrial
Park's former Westhore Correctional Facility site. An existing company in the Port
City Industrial Park is seeking space for a needed expansion. Bluewater Industrial
Development plans to construct a 215,000 square foot facility on the proposed
sale site for the company, which will allow the addition of 75-100 new full-time
industrial jobs in the community. Bluewater is in the process of finalizing a long-
term lease with the company, and has 60 days from execution of the sales
agreement to do so. The Michigan Economic Development Corporation is also
involved with a commitment of assistance, which must remain confidential at
this time. Their assistance, as always, is predicated on the city approving the
maximum local tax abatement which will come to you in a future meeting. The
total project capital investment with real property and equipment is
$23,481,220.
A particular point of interest in the sales agreement is the subject of stormwater
retention. In an effort to be efficient with our remaining industrial space in the
park, and to be good environmental stewards, staff have negotiated with
Bluewater to construct a shared stormwater retention basin on city property
immediately adjacent to the sale site. We have roughly 30 acres remaining that
can be developed for industrial/commercial use, and we will require future
users to connect to this pond rather than constructing their own. This will provide
a cost benefit for future developments, and also create more usable space on
their lots. At the time of closing with the city, a future developer will reimburse
Bluewater Development for a proportional share of the initial pond construction
based on acreage. The city will contract with Bluewater to maintain the pond
(mow around it) until such time as another development connects to it, at
which point we will bid out mowing/maintenance or conduct it in-house
through Public Works. Jake Eckholm, Development Services Director, explained
the request and discussion took place. This item will appear on the May 14,
2024, City Commission Meeting.
PUBLIC COMMENT
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Public comments received.
ADJOURNMENT
The City Commission meeting adjourned at 8:16 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
Page 3 of 3
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CITY OF MUSKEGON
CITY COMMISSION MEETING
May 14, 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 PM, Tuesday, May 14, 2024.
Pastor Michael McGee from Spring Street Missionary Baptist 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, Commissioners
Willie German, Jr., Rachel Gorman, Jay Kilgo, Destinee Keener, and Katrina
Kochin (arrived at 5:45 p.m.), City Manager Jonathan Seyferth, City Attorney
John Schrier, and City Clerk Ann Marie Meisch.
PUBLIC COMMENT ON AGENDA ITEMS
Public comments received.
2024-43 CONSENT AGENDA
A. Approval of Minutes City Clerk
To approve the minutes of the April 23, 2024, Special Commission Worksession
and the Regular Commission Meeting; and the April 30, 2024, Special
Commission Meeting.
STAFF RECOMMENDATION: To approve the minutes.
C. Updated Allocation Resolution to PM Restroom MNRTF Grant DPW- Parks
Staff requests adoption of the resolution regarding the Pere Marquette South
Restroom project and associated Michigan Natural Resources Trust Fund grant,
correcting the City's commitment from $300,000 to $400,000 as noted in the
approved grant agreement.
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On September 29, 2023, the DPW department brought a grant agreement and
resolution for approval to the commission meeting. During this meeting, the
commission voted to approve a grant agreement that included $400k in City
funds, with the DNR covering the additional $300k under the grant. The
resolution in the packet misstated that the City would contribute $300,000 in
match; this is a necessary clerical update to the resolution document correcting
the City's commitment to $400,000. This grant will provide us with an additional
bathroom, establish a plaza, and provide well-needed updates to the existing
Kite Shack building. It is noted that a budget amendment is not needed
because this will be moved to fiscal year 2024-25.
STAFF RECOMMENDATION: To adopt the resolution regarding the Pere
Marquette South Restroom project and associated Michigan Natural Resources
Trust Fund grant, correcting the City's commitment from $300,000 to $400,000 as
noted in the approved grant agreement.
E. Legal Representation for Tax Appeals for Property Tax Classification for
Marihuana Operations Finance
The City of Muskegon is requesting to spend an additional $10,000.00 for legal
fees with Hallahan & Associates, P.C. for Marihuana tax appeals at the State Tax
Commission and Michigan Tax Tribunal.
Parmenter Law which normally represents the City of Muskegon, recommends
that we use this law firm because of their expertise in these types of tax appeals.
This Law Firm has been hired by other municipalities across the State to
represent them for this unique property tax classification appeal. We thought it
would be in our best interest to use this law firm because they are familiar with
tax appeals from the Marihuana businesses.
Fees for service will be calculated at hourly rate of $215 for attorneys and an
hourly rate of $100 for law clerks and assistants. Previously, the Commission
capped our expenses at $10,000.00. I am requesting another $10,000.
STAFF RECOMMENDATION: Authorize the Finance Director to spend an
additional $10,000 with Hallahan & Associates, P.C. for Marihuana tax appeals
F. Equipment Purchase - Fleet Vehicle DPW- Equipment & Sanitation
Staff is requesting approval to purchase a Chevrolet Equinox fleet vehicle from
Berger Chevrolet under the MiDEAL contract. This vehicle will be a replacement
of an existing fleet vehicle, and the purchase is included in the Equipment Fund
budget for this fiscal year.
STAFF RECOMMENDATION: Authorize staff to proceed with the purchase of a
Chevrolet Equinox from Berger Chevrolet.
H. Amendment to the Zoning Ordinance - Outdoor Seating (SECOND
READING) Planning
Staff initiated request to amend Sections 2003.04 and 2308 of the zoning
ordinance to modify the regulations on outdoor seating. The Planning
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Page 45 of 207
Commission unanimously recommended approval of the ordinance
amendment.
STAFF RECOMMENDATION: To approve the request to amend Sections 2003.04
and 2308 of the zoning ordinance to modify the regulations on outdoor seating
as proposed.
J. ATM for Muskegon Farmers Market City Clerk
Staff sought out RFP's for an ATM at the Muskegon Farmers Market and is
recommending Consumers Credit Union. Our current agreement with 5/3 Bank
is set to expire in June of this year. We received two responses. They were from
Baumtech out of Louisiana. They would charge $3.99 per transaction and give
the Farmers Market $1.00 for up to 500 transactions, $1.50 for up to 1000
transactions, and $2 for any transactions over 1001.
Consumers Credit Union was the second bidder. They have locations in the
Muskegon area and offer virtual services speaking to a live person. They have
been a sponsor of the Farmers Market on at least three occasions. They have
offered a staff member at the market during peak times to assist people to use
the ATM. They offer to host financial wellness education-themed days such as
"shopping on a Budget", "Buying your First Home", etc. They are committed to
holding drawings to their customers to give-away $50 Farmers Market gift
certificates.
STAFF RECOMMENDATION: Staff be authorized to sign an agreement with
Consumers Credit Union to place an ATM at the Muskegon Farmers Market.
K. Concur with CRC Recommendations to Accept Resignations and Make
Appointments City Clerk
To concur with the Community Relations Committee recommendations to
accept resignations and make appointments to various boards.
CRC recommendation to City Commission to accept resignations of:
Parks and Recreation Advisory Committee
Jequan Brown - Resident of Ward 2 - term expiring 01/31/2026
Anthony Olshansky - Resident of Ward 2 - term expiring 01/31/2027
Equal Opportunity Committee
Tonya Pell - Citizen At-Large - term expiring 01/31/2025
Lakeside Business Improvement District
Kathy Fearnley - Owner or Representative - term expiring 1/31/2026
CRC recommendation to City Commission to appoint/reappoint:
Citizen's Police Review Board
Deborah Sweet - Neighborhood Association Representative - term expiring
01/31/2026
Equal Opportunity Committee
Lisa Judge - Citizen At-Large - term expiring 01/31/2025
Kelly Gooden - Ward I - term expiring 01/31/2027
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Page 46 of 207
District Library Board
Barbara VanFossen - Commission Appointment - term expiring 06/30/2028
Parks and Recreation Advisory Committee
Evelyn Hough - Resident of Ward 2 - term expiring 01/31/2027
Farmers Market Advisory Board
Cally Travis - Seasonal Artisan - term expiring 01/31/2025
Kristin Johnson - Seasonal Food Vendor - term expiring 01/31/2027
STAFF RECOMMENDATION: To accept resignations and make appointments to
various boards.
L. Sale of 12.87 acres at 2675 Olthoff Drive to Bluewater Industrial
Development, LLC Economic Development
Staff have been working with Bluewater Development to negotiate a purchase
agreement for a portion of our remaining acreage at the Port City Industrial
Park's former Westhore Correctional Facility site.
An existing company in the Port City Industrial Park is seeking space for a
needed expansion. Bluewater Industrial Development plans to construct a
215,000 square foot facility on the proposed sale site for the company, which
will allow the addition of 75-100 new full-time industrial jobs in the community.
Bluewater is in the process of finalizing a long-term lease with the company, and
has 60 days from execution of the sales agreement to do so. The Michigan
Economic Development Corporation is also involved with a commitment of
assistance, which must remain confidential at this time. Their assistance, as
always, is predicated on the city approving the maximum local tax abatement
which will come to you in a future meeting. The total project capital investment
with real property and equipment is $23,481,220. A particular point of interest in
the sales agreement is the subject of stormwater retention. In an effort to be
efficient with our remaining industrial space in the park, and to be good
environmental stewards, staff have negotiated with Bluewater to construct a
shared stormwater retention basin on city property immediately adjacent to the
sale site. We have roughly 30 acres remaining that can be developed for
industrial/commercial use, and we will require future users to connect to this
pond rather than constructing their own. This will provide a cost benefit for
future developments, and also create more usable space on their lots. At the
time of closing with the city, a future developer will reimburse Bluewater
Development for a proportional share of the initial pond construction based on
acreage. The city will contract with Bluewater to maintain the pond (mow
around it) until such time as another development connects to it, at which point
we will bid out mowing/maintenance or conduct it in-house through Public
Works.
STAFF RECOMMENDATION: Motion to approve the Purchase and Development
Agreement with Bluewater Industrial Development, LLC and to authorize the
Mayor and Clerk to sign.
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Motion by Commissioner German, second by Commissioner Keener, to adopt
the Consent Agenda as presented minus items B, D, G, and I.
ROLL VOTE: Ayes: Keener, German, Gorman, St.Clair, Johnson, and Kilgo
Nays: None
MOTION PASSES
2024-44 ITEMS REMOVED FROM THE CONSENT AGENDA
B. Public Art Policy Planning
Staff-initiated request to approve the public art policy to set the regulations on
short-term placement of art, long-term placement of publicly-owned art, and
street art. The Downtown Art Committee has reviewed the policy and have
given their support for adoption. Legal counsel has written an opinion regarding
the placement of religious and political art pieces.
STAFF RECOMMENDATION: To approve the public art policy as proposed.
Motion by Vice Mayor St.Clair, second by Commissioner German, to approve
the public art policy as proposed with one addition that permanent placement
of public art be approved by the Commission.
ROLL VOTE: Ayes: Kilgo, Keener, German, Gorman, St.Clair, and Johnson
Nays: None
MOTION PASSED
D. Parks & Recreation Fee Schedule DPW- Parks
The Parks & Recreation Department is proposing participation fees for programs
that will be running prior to the annual fee schedule update. The Parks &
Recreation Department is proposing participation fees for new programs. Many
of these programs will take place before the annual update to our City of
Muskegon fee schedule. They are listed below with some supporting details.
• Open Skate Entry: $5.00 - Ice skating at Trinity Health Arena
• Open Skate Skate Rental: $ 3.00 - Rental of skates during open ice skating
• Drop-in sports: $3.00 - Sports such as pickelball that are staffed and have
overhead costs.
• Youth Sports: Resident $40/resident $55/non-resident
• Specialty Summer Camp: Up to $65/resident $85/non-resident - Some
camps may come with a certification, extra equipment or have an
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additional fee for a subcontracted instructor.
This would be the maximum fee to charge for these programs, many of which
will be much lower than the listed price. Financial assistance will be available
through the park programs.
STAFF RECOMMENDATION: Authorize the approval of the Parks & Recreation
2024 fee schedule.
Motion by Commissioner German, second by Vice Mayor St.Clair, to authorize
the approval of the Parks & Recreation 2024 fee schedule.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Gorman, Kochin, and
St.Clair
Nays: None
MOTION PASSES
G. Rezoning of Properties at Oak Ave / Riley St (SECOND READING)
Planning
Request to rezone the following properties from MC, Medical Care to Form
Based Code, Neighborhood Edge: 1760, 1761, 1771, 1775, 1789, 1803, 1811,
1819, 1827, 1835 Wells Ave; 1762, 1770, 1776, 1784, 1790, 1803, 1812, 1820, 1828,
1836 Oak Ave; 0 Wagner Ave (property numbers 24-661-000-0032-00 and 24-661-
000-0033-00). The Planning Commission unanimously voted to recommend
approval of the rezoning request.
STAFF RECOMMENDATION: To approve the request to rezone the properties.
Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to approve the
request to rezone the following properties from MC, Medical Care to Form
Based Code, Neighborhood Edge: 1760, 1761, 1771, 1775, 1789, 1803, 1811,
1819, 1827, 1835 Wells Ave; 1762, 1770, 1776, 1784, 1790, 1803, 1812, 1820, 1828,
1836 Oak Ave; 0 Wagner Ave (property numbers 24-661-000-0032-00 and 24-
661-000-0033-00).
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, German, Gorman, and
Kochin
Nays: None
MOTION PASSES
I. Taste & LAF Transition to LAB Events DPW- Parks
LAB Events has requested the transition of ownership of both Taste of Muskegon
and Lakeshore Art Festival from the City of Muskegon Parks & Recreation
Department. They have put together a proposal that will keep these popular
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events as a staple of Muskegon as well as make improvements.
Taste of Muskegon is entering its 18th year. Prior to becoming a City Event in
2018, the festival was part of the Downtown Muskegon Now group. Taste of
Muskegon is a 2-day food and beverage festival taking place in and around
Hackley Park. Around 30 Muskegon-area restaurants and food vendors line
streets where they sell sample-sized portions of their menu items for patrons to
"taste" in hopes of drawing people into their businesses regularly. Expenses are
between $90,000-$100,000 a year and revenues have generally been around
$140,000-$150,000. Taste of Muskegon does not pay any of its committee
members.
Lakeshore Art Festival - LAF was officially established in 2013 by the Chamber of
Commerce and handed over to the City of Muskegon in 2021; however, a
version of the festival called Muskegon Art in the Park has existed since 1961.
Prior to being with the Chamber of Commerce, LAF was ran by Summer
Celebration. There are over 250 craft and fine art exhibitors that line the streets
of downtown and within Hackley Park as well as food vendors, street performers,
& interactive public art. Expenses range from $130,000-$160,000 and revenues
are in the range $145,000-$170,000 with an approximately yearly net profit of
$5,000-$7,000. LAF pays its committee members (differing amounts based on
position).
When the City started running the events, they ran out of the Clerk's office
where the 1-2 Event Planners were housed at the time. Both events moved with
the Event Planners to Parks & Recreation in 2023 when they transferred
departments. Neither events budget or expenses reflects either of the Event
Planner's time/salaries that were put into planning them. The Event Planners
spend over 50% of their working hours planning these events. A transition would
be a drastic improvement in capacity for the Parks & Recreation department to
provide programs for the community.
The LAB team has requested $25,000 (total of $50,000) for seed money for each
of these events for year 1 investments. This request is due to the high level of
standard both events have and to build up the infrastructure for these events to
maintain and continue at this level. The request is only for the first year and not
an ongoing funding source.
STAFF RECOMMENDATION: Authorize staff to transition Taste of Muskegon and
Lakeshore Art Festival to LAB Events.
Motion by Commissioner German, second by Vice Mayor St.Clair, to authorize
staff to transition Taste of Muskegon and Lakeshore Art Festival to LAB Events.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, German, and
Gorman
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Nays: None
MOTION PASSES
2024-45 PUBLIC HEARINGS
A. Request to Establish a Commercial Rehabilitation District, West Urban
Properties, 1095 Third St. Economic Development
Staff is requesting consideration for the establishment of a Commercial
Rehabilitation District (PA 210) to support further development at 1095 Third
Street by West Urban Properties. Last year, West Urban Properties was granted
an option to redevelop a city-owned property into a mixed-use apartment
project with attached townhomes on Houston Street. City staff have been
actively collaborating with them on securing a grant to conduct environmental
due diligence, finalizing a purchase and development agreement, and
exploring appropriate tax incentives to support the financial viability of the
project. We are now nearing the finalization of the project terms and are
requesting the commission's consideration in establishing a PA 210 District to
further facilitate this development.
STAFF RECOMMENDATION: To close the Public Hearing.
The Public Hearing was opened to hear and consider any comments from the
public. Public comments were received from Veania Coleman.
Motion by Commissioner Kilgo, second by Commissioner German, to close the
Public Hearing.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, Keener, and
German
Nays: None
MOTION PASSES
B. Establishment of a Property Assessed Clean Energy (PACE) Program
Planning
The property assessed clean energy (PACE) model is a mechanism for financing
energy efficiency and renewable energy improvements on private property.
PACE programs allow a property owner to finance the up-front cost of energy
or other eligible improvements on a property and then pay the costs back over
time through a voluntary assessment. PACE assessments are attached to the
property rather than an individual and are available for residential and
commercial developments.
In order to participate in PACE funding, the City must create a PACE district and
select an administrator to facilitate projects. At the April 23 meeting, this
Commission approved a resolution to release the draft PACE Program Report to
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the public. Very minimal staff involvement is necessary once the PACE program
is established by the Commission and there is no cost to the City to participate.
STAFF RECOMMENDATION: To approve the resolution establishing a Property
Assessed Clean Energy (PACE) program and to select Lean & Green Michigan
as program administrator.
The Public Hearing was opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to close the
Public Hearing and approve the resolution establishing a Property Assessed
Clean Energy (PACE) program and to select Lean & Green Michigan as
program administrator.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, Kilgo, and
Keener
Nays: None
MOTION PASSES
2024-46 NEW BUSINESS
A. Request to Establish a Commercial Rehabilitation District, West Urban
Properties, 1095 Third St. Economic Development
Staff is requesting consideration for the establishment of a Commercial
Rehabilitation District (PA 210) to support further development at 1095 Third
Street by West Urban Properties. Last year, West Urban Properties was granted
an option to redevelop a city-owned property into a mixed-use apartment
project with attached townhomes on Houston Street. City staff have been
actively collaborating with them on securing a grant to conduct environmental
due diligence, finalizing a purchase and development agreement, and
exploring appropriate tax incentives to support the financial viability of the
project.
We are now nearing the finalization of the project terms and are requesting the
commission's consideration in establishing a PA 210 District to further facilitate
this development.
STAFF RECOMMENDATION: Approve the establishment of a Commercial
Rehabilitation District at 1095 Third St.
Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to approve the
establishment of a Commercial Rehabilitation District at 1095 Third St.
ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, Johnson, and
Kilgo
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Nays: None
MOTION PASSES
B. Brownfield Development & Reimbursement Agreement, Trilogy Real
Estate Muskegon, LLC, and the City of Muskegon, 60 Viridian Drive.
Economic Development
City staff is requesting consideration of the amended Brownfield Development
and Reimbursement Agreement between Trilogy Real Estate Muskegon, LLC
and the City of Muskegon and to consider the resolution.
The 5-acre property was formerly the site of the Continental Motors industrial
facility, featuring a 63,000 square foot, multi-story, 118-unit senior living building
with surrounding asphalt parking areas, concrete walkways, and landscaping.
Construction has been completed, and the building will open to residents this
year.
Now that construction has finished, the Developer can begin requesting
reimbursement from the Brownfield Redevelopment Authority (BRA). To initiate
this process, an Assignment and Assumption of the Brownfield Plan Agreement
will be considered at the May 14, 2024 BRA meeting, along with the
Development & Reimbursement Agreement. This request involves Ryerson Creek
Land Co., LLC assigning its right, title, and interest in the TIF Agreement to Trilogy
Real Estate Muskegon, LLC.
The Development & Reimbursement Agreement presented today has been
updated to reflect this change in assignment, pending BRA approval of the
Assignment and Assumption of the Brownfield Plan.
STAFF RECOMMENDATION: Approve the Brownfield Development and
Reimbursement Agreement between Trilogy Real Estate Muskegon LLC, and the
City of Muskegon and authorize the Mayor and City Clerk to sign.
Motion by Vice Mayor St.Clair, second by Commissioner German, to approve
the Brownfield Development and Reimbursement Agreement between Trilogy
Real Estate Muskegon LLC, and the City of Muskegon and authorize the Mayor
and City Clerk to sign.
ROLL VOTE: Ayes: Kilgo, Keener, German, Gorman, Kochin, St.Clair, and
Johnson
Nays: None
MOTION PASSES
C. 3rd Quarter Budget Reforecast Finance
At this time staff is asking for approval of the 3rd Quarter Budget Reforecast for
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the FY2023-24 budget year.
STAFF RECOMMENDATION: To approve the 3rd Quarter FY2023-24 Budget
Reforecast as presented.
Motion by Commissioner Kochin, second by Commissioner Keener, to approve
the 3rd Quarter FY2023-24 Budget Reforecast as presented.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Gorman, Kochin, and
St.Clair
Nays: None
MOTION PASSES
D. Resolution Supporting the Great Lakes and St. Lawrence Cities Initiative's
Creation of a Mayors Commission on Economic Transformation
Manager's Office
Resolution on transforming the Great Lakes and St. Lawrence River Basin into a
thriving blue-green economic corridor while safeguarding our freshwater
resources. The Great Lakes and St. Lawrence Cities Initiative, of which the City of
Muskegon has recently become a member, is convening in Montreal, Quebec
for its May 15-17, 2024, annual conference. At which times, the Cities Initiative
and its membership of mayors from across the Great Lakes and St. Lawrence
River Basin will be launching the Mayors Commission on Economic
Transformation to promote sustainable, resilient, and inclusive economic
development basin-wide and appropriate freshwater stewardship for the
benefit of current and future generations. While the Mayor will not be in
attendance at this year’s annual conference, with the Commission’s support,
the Mayor anticipates participating with other Basin communities in developing
an Action Plan for the Great Lakes and St. Lawrence Economic Transformation,
2025-2035, which will be released at the Cities Initiative’s 2025 annual
conference in Milwaukee, Wisconsin.
STAFF RECOMMENDATION: Adopt the resolution as presented.
Motion by Vice Mayor St.Clair, second by Commissioner Kilgo, to adopt the
resolution as presented.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, German, Gorman, and
Kochin
Nays: None
MOTION PASSES
ANY OTHER BUSINESS
Commission discussed flying the Juneteenth Flag. The Flag Policy will be
discussed at the May 28th Commission Meeting or the June 10th Worksession.
Commission requested an update on the Arbor Community Grants, and
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announced the Park Planning Engagements.
PUBLIC COMMENT ON NON-AGENDA ITEMS
Public comments were received.
2024-47 CLOSED SESSION
A. Attorney/Client Privileged Information Manager's Office
Motion by Vice Mayor St.Clair, second by Commissioner Keener to go into
Closed Session to consider material exempt from discussion and disclosure by
State or Federal statute being an attorney/client communication.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Gorman, Kochin, and
St.Clair
Nays: None
MOTION PASSES
Motion by Vice Mayor St.Clair, second by Commissioner Kochin to go into
Open Session
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, German, and
Gorman
Nays: None
MOTION PASSES
ADJOURNMENT
The City Commission meeting adjourned at 9:28 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 28, 2024 Title: DWSRF Project Plan Amendment
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
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.
Detailed Summary & Background:
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. The resolution is attached.
The Draft Project Plan Amendment is also included.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Decrease infrastructure burden on residents
Sustainability in financial practices and infrastructure
Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Reliable and efficient short and long term financial
practices
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
591 Yes No N/A X
Recommended Motion:
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Move to adopt the City’s 2025 DWSRF Project Plan by the included resolution.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 57 of 207
A RESOLUTION ADOPTING A FINAL PROJECT PLAN AMENDMENT
FOR WATER SYSTEM IMPROVEMENTS AND
DESIGNATING AN AUTHORIZED PROJECT REPRESENTATIVE
WHEREAS, the City of Muskegon recognizes the need to make improvements to its existing water supply
and distribution system; and
WHEREAS, the City of Muskegon authorized Prein&Newhof to prepare an amendment to the City’s
DWSRF Project Plan, which recommends improvements to provide a more reliable and resilient water supply
and distribution system including replacement of aging or undersized water mains, replacement of lead service
lines, which can cause elevated lead concentrations in homes, and replacement or rehabilitation of aging
components of the Water Filtration Plant and a storage tank; and
WHEREAS, said Project Plan Amendment was presented at a Public Meeting held on May 28, 2024 and
all public comments at the hearing or written comments submitted during the public comment period have
been considered and addressed.
NOW THEREFORE BE IT RESOLVED, that the City of Muskegon formally adopts said Project Plan
Amendment and agrees to implement the selected FY 2025 projects based on the selected alternatives for
those projects.
BE IT FURTHER RESOLVED, that the Director of Public Works, a position currently held by Daniel
VanderHeide, is designated as the authorized representative for all activities associated with the project
referenced above, including the submittal of said Project Plan as the first step in applying to the State of
Michigan for a Drinking Water Revolving Fund Loan to assist in the implementation of the selected
alternative.
Yeas:
Nays:
I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on May
28, 2024.
BY: Ann Meisch, City Clerk
______________________________________________________________________________
Signature Date
(EQP 3530 REV 01/2015)
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Project Plan Amendment
FY 2024 Drinking Water Project Plan - Amendment
Prepared for
City of Muskegon
May 2024
2230379
DRAFT
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Contents
1 Project Background .......................................................................................................... 1
Study Area Characteristics – No Revisions ...................................................................... 1
Summary of Project Need ................................................................................................ 1
Projected Needs for the Next 20 Years...................................................................... 1
2 Analysis of Alternatives.................................................................................................... 2
Identification of Potential Alternatives............................................................................ 2
No-Action ................................................................................................................... 2
Elevated Storage Tank ............................................................................................... 3
Replacement of Water Main ..................................................................................... 3
Pipe Material Alternatives – No Revisions ....................................................................... 3
Analysis of Principal Alternatives ..................................................................................... 3
The Monetary Evaluation .......................................................................................... 3
The Environmental Evaluation – No Revisions .......................................................... 4
3 Selected Alternative......................................................................................................... 4
Description of the Selected Alternative........................................................................... 4
Project Schedule .............................................................................................................. 5
Cost Estimates.................................................................................................................. 5
Authority to Implement the Selected Alternatives ......................................................... 6
Financials.................................................................................................................... 6
Design/Permits........................................................................................................... 6
User Costs ........................................................................................................................ 6
Overburdened Community – No Revisions ..................................................................... 7
4 Evaluation of Environmental Impacts – No Revisions ........................................................ 7
5 Mitigation – No Revisions ................................................................................................ 7
6 Public Participation .......................................................................................................... 7
Public Meeting ................................................................................................................. 7
Adoption of Project Plan .................................................................................................. 7
ii
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Tables
Table 5 Amended Summary of Selective Alternatives
Figures
Figure 2 Amended Selected Water System Improvements Map
iii
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Appendices - Amended
Appendix I Cost Estimates
Appendix J Present Worth Analysis
Appendix T Annual Debt Service Cost Summary
Appendix U Public Participation Documentation
Appendix V Resolution of Project Plan Adoption
iv
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1 Project Background
The City of Muskegon adopted its current DWSRF Project Plan on May 23, 2023. Over the last year,
the City continued assessment of its water system. As a result, some additional projects were
identified as high priority to the City. This Project Plan Amendment has been prepared on behalf of
the City of Muskegon, Muskegon County, Michigan, for the purpose of obtaining a Drinking Water
State Revolving Fund (DWSRF) loan from the State of Michigan for the construction of
improvements to the City of Muskegon’s drinking water system.
This report serves only as an amendment to the current approved City DWSRF Project Plan. The
evaluation includes an analysis of cost, technical feasibility, and environmental impacts of the
amended projects only.
Study Area Characteristics – No Revisions
Summary of Project Need
The City has identified additional improvements required over the next 20 years. These consist
of elevated storage tank coating, distribution system looping and lead service line replacements.
Projected Needs for the Next 20 Years
Over the last year additional research, inspections and system modeling have been
completed. Based on these results three additional projects have been identified.
Elevated Storage Tanks
The City’s Marshall Tank wet interior coating was installed in 1991 and has surpassed its
expected service life, furthermore damage to the coating has occurred along the water
line due to ice. A full blast and recoating of the tank wet interior is recommended. A
mixer to improve water quality and reduce ice buildup will also be added.
Distribution System
Following additional system assessment during the City’s ongoing Drinking Water Asset
Management Study two water main dead ends were identified requiring looping. The
proposed projects are identified below.
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Wildwood Lane and Dowd Street Dead End
The South Clayhill neighborhood has two significant dead end water mains in close
proximity to each other. Wildwood Lane Court extends east from Barclay Street. This
street has a 550 ft dead end 8-inch water main which extends from the Barclay 12-
inch water main. Dowd Street from Barney Avenue to Pulaski Avenue has a 700 ft
long 8-inch dead end water main extending south from Barney Avenue. These are
both long dead ends which result in poor water circulation and stagnate water. This
project proposes to connect the two dead ends together with a 360 ft long 8-inch
water main. This will eliminate both dead ends and provide improved hydraulics
within the South Clayhill neighborhood by connecting it to the 12-inch water main on
Barclay Street.
Yuba Street Dead End
Yuba Street between Cross Avenue and Butler is a 400 ft dead end 6-inch water main
that extends from Cross Avenue. This main does not have many users which results
in little water movement and exchanges within the main. The proposed project would
extend an 8-inch water main from the north end of Yuba Street east in Butler Street to
the 24-inch transmission main in Erickson Street. The result is a looped water main
which will improve circulation of the water system in this area. In addition this will
provide better connectivity for the greater neighborhood to the City’s transmission
network.
2 Analysis of Alternatives
Identification of Potential Alternatives
No-Action
Elevated Storage Tank
Failure to maintain an adequate coating on a steal elevated tank will introduce aggressive
corrosion shortening the service life of this critical piece of infrastructure. Failure of the
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tank would be catastrophic. Maintaining the interior coating is a cost-effective method to
lengthen the service life of the tank. The no-action option is not a viable option.
Water Main Looping
If no action is completed, then no improvements to the water age and hydraulics in the
system will occur.
Elevated Storage Tank
Recoating of the tank will consist of first removing the existing coating with an abrasive
blast. Following removal an epoxy coating will be applied over the entire wet interior.
Recoating will provide a long service life for the existing tank. A tank mixer will also be
added to this tank to reduce issues due to stagnant water.
Replacement of Water Main
Wildwood Lane and Dowd Street Dead End
This project will connect the two dead end water mains together with a 360 ft long 8-inch
water main.
Extension of this water main as described will meet all project objectives.
Yuba Street Dead End
This project will extend an 8-inch water main from the north end of Yuba Street east in
Butler Street to the 24-inch transmission main in Erickson Street.
Extension of this water main as described will meet all project objectives.
Pipe Material Alternatives – No Revisions
Analysis of Principal Alternatives
The Monetary Evaluation
Detailed cost estimates are included as well as a present worth analysis as described in the
Project Plan.
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The cost estimates include all costs associated with engineering, construction, and mitigation
cost if necessary. In summary, the monetary evaluation results are as follows:
Wildwood Lane Court and Dowd Street Dead End
Replace water main and all lead services as described in Section 1.2.1.2.
The estimated project cost is $163,000.
Yuba Street Dead End
Replace water main and all lead services as described in Section 1.2.1.2.
The estimated project cost is $229,000.
Marshall Tank Coating
Recoat the wet interior of the Marshall Tank and add a mixer as described in Section
2.1.2.
The estimated project cost is $488,000.
The Environmental Evaluation – No Revisions
3 Selected Alternative
Description of the Selected Alternative
Figure 2 Amended shows the selected water system improvement location. A summary of the
selected alternatives including brief descriptions and cost estimates is included in Table 5
Amended and each added project is described below.
Project 18: Wildwood Lane Court and Dowd Street Dead End (FY2025
Extend 360 ft of 8-inch water main from the dead end on Wildwood Lane
Court to the dead end on Dowd Street.
The estimated project cost is $163,000.
Project 19: Yuba Street Dead End (FY2025)
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Extend 370 ft of 8-inch water main from the dead end on Yuba Street to the
24-inch transmission main on Erickson Street.
The estimated project cost is $229,000.
Project 20: Marshall Tank Coating (FY2025)
Replace the wet interior coating of the Marshall Elevated Storage Tank and
add a tank mixer.
The estimated project cost is $488,000.
Project Schedule
The table below is a schedule for the proposed water system improvements that are intended to
be included as part of the City’s FY2025 DWSRF Project. They would be funded under the
fourth quarter of fiscal year 2025.
FY 2025 DWSRF Project (4th Quarter 2025)
Proposed Project Schedule
Milestone Date
Hold Public Hearing May 28, 2024
Submit Final Project Plan to EGLE June 2024
Receive Approval of Project Plan September 2024
Plans and Specifications Approved May 2025
Receive Construction Permit May 2025
Receive Construction Bids June 2025
DWSRF Loan Awarded August 2025
Begin Construction April 2026
Construction Completed November 2028
Cost Estimates
Appendix I contains cost estimates for the proposed amended water system improvements. The
project costs include construction costs and approximately 30% for construction contingencies,
legal, administrative, and project engineering costs.
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Authority to Implement the Selected Alternatives
Implementation of the proposed project is based on the assumption that the project will be
financed by a low-interest loan from the DWSRF program. The City of Muskegon has the
necessary legal, institutional, financial, and managerial resources available to ensure the
construction, operation and maintenance of the proposed facilities.
Financials
The City of Muskegon recently developed a financial plan as required by the EGLE as part of
its Water Asset Management Program. As a result, the City has continued to implemented
rate adjustments in anticipation of future capital improvements. However, the City of
Muskegon may not construct all proposed projects without grants and/or loan principal
forgiveness in order to have sufficient funds to pay for the proposed bond payments for the
bonding period of twenty years.
Design/Permits
All FY2025 projects will be under design in late 2024 and will be submitted for all necessary
permits prior to the required deadline.
User Costs
EGLE requires the applicant to perform a Present Worth analysis of the various options. The
Present Worth analysis (Appendix J) uses discount factors that reduce the annual expenses
compared to what the annual bond payment would be. Appendix T contains the annual debt
service cost summary and provides the worst-case scenario where the proposed bond payment
will not be reduced by any anticipated discounts related to salvage value, reduction in OM&R,
energy savings, grants, and principal forgiveness. The City of Muskegon is planning on funding
the FY2025 projects with an estimated $13,983,000 DWSRF loan at a 2.00% interest rate for a
20-year period. The expected annual debt service for the proposed projects based on the DWSRF
loan criteria will be approximately $855,154 per year.
This would represent an approximate increase in user rates of $3.43 per month for FY 2025
projects for the average residential user. This is based on 20,784 meter equivalents. For city
customers only. The City will decide on final number of projects to complete and any rate
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adjustments once the DWSRF funding levels for FY 2025 are set and opportunities for grants or
principal forgiveness are determined.
As of July 1, 2022, water rates for City of Muskegon residents are $2.06 per 100 cubic feet for
both City residential and commercial customers. Additionally, a $5.00 lead service line
replacement fee and debt service fee based on meter size is added to all water accounts. Based
on available water billing data, the average residential customer uses 511 cubic feet per month.
This water usage and meter size corresponds to a water bill of $21.61 per month for the typical
residential customer.
Overburdened Community – No Revisions
4 Evaluation of Environmental Impacts – No Revisions
5 Mitigation – No Revisions
6 Public Participation
Public Meeting
A notice of public meeting was posted on the City of Muskegon Facebook page on May 17,
2024, and published on the website on May 17, 2024, eleven full days prior to the public meeting
scheduled for May 28, 2024. A copy of the notice is provided in Appendix L. A copy of the
project planning document was available to the public at City Hall during the public comment
period. A screenshot of the website posting is provided in Appendix L.
Adoption of Project Plan
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Tables
Table 5 Amended: Summary of Selected Alternatives
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CITY OF MUSKEGON
FY24 DWSRF PROJECT PLAN AMENDMENT
Table 5 - Summary of Selected Alternatives
Total Project
Water Service DWSRF Eligible Cost
Project # Year Project Title Project Description Replacements Cost Estimate Estimate
6. FY25 Catherine Avenue - Irwin Replace existing 4-inch and 6-inch water main with approximately 3,300 feet of 8-inch main from Irwin Ave. to
71 $3,103,000 $4,711,000
Ave. to Wood St.* Wood St. Replace water services from the main to the meter in the buildings.
17. FY25 Water Service Replace 870 galvanized/lead water services per year at various locations throughout the City to be determined
870 $10,000,000 $10,000,000
Replacements after funding is obtained.
18. FY25 Wildwood Ln Ct and Replace existing 4-inch and 6-inch water main with approximately 3,300 feet of 8-inch main from Irwin Ave. to
0 $163,000 $163,000
Dowd St Dead End Wood St. Replace water services from the main to the meter in the buildings.
19. FY25 Yuba Street Dead End Replace existing 4-inch and 6-inch water main with approximately 3,300 feet of 8-inch main from Irwin Ave. to
0 $229,000 $229,000
Wood St. Replace water services from the main to the meter in the buildings.
20. FY25 Marshall Tank Coating Recoat the wet interior of the Marshall Tank
0 $488,000 $488,000
Total FY25 Cost: $13,983,000 $15,591,000
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Figures
Figure 2 Amended: Selected Water System Improvements Map
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Bear Lake
Project 19: Project 20:
LY
NC
E
AV
Yuba Street CITY OF MUSKEGON
M
RD
Marshall Tank Coating
O
ID
L
TT
MEEKING ST
OA
ON
R
ST
ND MUSKEGON COUNTY, MI
CHANNE A
K
DIM
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MARSHALL ST
OAKH ILL DR
ADAMS AV E
DR
RUD
CIRCL
DR
LEONARD AVE DWSRF PROJECT PLAN
TON
SELECTED WATER SYSTEM
LANGLEY ST
E DR
City of
T
DR
MARQUETTE AVE
LIGH
NS
IMPROVEMENTS AMENDMENT
INE
City of North
H
Muskegon
SO
BE
SK T
S
AC
YL
ICK
ST
AVE
AR
WA
JACKSON AVE DUC E Y
H
FIGURE 2
Muskegon
ER
BOU
IUS
ST
TA
ST
RE
NE
MCLAREN ST
OT
MAY 2024
TAV
ABBEY ST
ALVA ST
R TO
RD
MARY ST
BA
ET
MULDER ST
LS
AGNE S ST
OC
YU
ON
T VIRID SUMNER AVE
WN
Muskegon Lake
C IR RS I 2230379
ST
E
E
AN
WESLEY AVE
AT
R
R
C E POINT D
Muskegon Lake LEGEND
EDGEW
D
SHORELINE DR
E Project 9: Ryerson Creek DWSRF Projects
AV
CO
X
Orchard Project 1: Holbrook Avenue
RA
WIL
Avenue
R
Project 2: 6th Street
TE
MU
RP
E
OA K AVE
Project 3: 7th Street
AV
E
SP
HY
AV S
CE
THOMP S ON RI
RI
OR
ST
DA
NG
M ORCHARD AVE
Project 4: Glenside Phase II
STEVENS ST
PIN
R
ST
MILLARD ST
ST
1S
EMERALD ST
E
2N
E
AV AMITY AVE
Project 4: Glenside Phase III
T
SCOTT ST
FORK ST
ST
D
LE
ST
Project 12:
E RT
ST
E AV MY
VE
Project 4: Glenside Phase IV
N ALLEN AVE
LA AV
Project 14:
JAY ST
O NA
K N G
TO Catherine
OAK GROVE ST
ES ER
HO AV
E
AV
E KE L
WFP Improvements RE
D W
E ST
AY ER M
US WA APPLE AVE
Avenue Project 4: Glenside Phase V
R CL ST
JEFFERSON ST
SO
EB
Project 8: Wood to Getty Project 5: Wood Street
CHESTNUT ST
MAPLE ST
WILLIAMS ST
AM
W
PH
E
AV
Iona Avenue
B
IA
Project 6: Catherine Avenue
3R
RO
ON
ST
D
ADA AVE
FT E
LA
S IA
6T
KENNETH ST
AV
ST
ISABELLA AVE
UF
RK
Project 7: Jefferson Street
E
H
BE
N
BL AV
EASTGATE ST
ST
TO
ST
IN
RT VE
A
US
ST
EA
CH
SO
Project 8: Iona Avenue
O
AR
HOLT ST
H
RE
4T
ST
W E
LA AV
R
H
MCLAUGHLIN AVE
E DE
Project 9: Orchard Avenue
TRY CLUB D
NA
City of
ST
AV
WOOD ST
EVA
Lake Michigan
IO
OE E
Project 6:
NS
VE AV TO
RA
R
N LA NE NA
Project 10: Madison Street
Muskegon
MO IL E RI HIL VE
NS
Catherine
AV E
J:\GIS_Client\Mskgn-GD\Mskgn-GD\2230379_FY24 DWSRF Project Plan\2230379_Figure 2_Water System Improvements.mxd - PN\EJD - 5/14/2024 4:52:36 PM
R E
B O LTW O
ER AV TH L AV
O
ON CA
MICH IGAN AVE M G E
Project 11: Dale Avenue
M
AR
S N
MA RO Avenue
UN
ST
TH
CO E
7T
ST AV
A
Project 12: Catherine Avenue
UR
H
WB
Irwin to Wood Project 15:
OD
ST
DR WASHINGTON AVE TA EVA
ST
IRWIN AVE CA NS
HENRY ST
Nims Tank Coating
TO
NA Project 13: 9th Street
BEIDLER ST
VE
GRAND AVE Project 3: NI
M
Project 14: WFP Improvements
ST
Project 2: S
TERRACE ST
FRANKLIN ST
7th Street
ST
U
CLINTON ST
KINGSLEY ST
A
6th Street Project 15: Nims Tank Coating
RN
SOUTHERN AVE
HA
FLEMING AVE
JIROCH ST
Project 5: Project 18: Wildwood Lane & Dowd Street
GETTY ST
DAVIS ST
Wood Project 19: Yuba Street
5TH ST
IRELAND AVE FOREST AVE EMERSON AVE
DIVISION ST
Street
MESSLER ST
HUIZENGA ST
Project 20: Marshall Tank Coating
DR
Project 7:
RUDDIMAN ST
MCGRAFT ST
RE
DALE AVE
HO
Jefferson
S
SEAWAY DR
NOTE: THE LOCATIONS OF THE WATER SERVICE
KE
Street
LA
REPLACEMENT PROJECTS (16 & 17) WILL BE
E
LARCH AVE
AV
SMITH ST
AURORA AVE
SANFORD ST
WITHIN THE CITY SERVICE AREA AND DETERMINED
RY
SUPERIOR ST
Project 11:
TURNER AVE
E ME
E
ELWOOD ST
LAKETON AVE
AFTER FUNDING IS OBTAINED.
AV
PARK ST
AV O
PECK ST
ER
TG
COMMERCE ST
Dale Avenue
M
LA ON
ALPHA AVE
L
PA
TEMPLE ST
NO M
Project 10:
N
NEVADA ST
WINDSOR AVE
HOLBROOK AVE
Madison Street
A DDISON
MADISON ST
TOR
ESTES ST
BOURDON ST
YOUNG AVE Project 1:
RE N
HOYT ST
ST
PARSLOW DR
MA
Project 13: Holbrook KEATING AV E
MO
T
NN
ST
E EK AVE
DCR
9th Street Avenue
ON
FAIR AVE
ST
OO WILSON AVE
W LOW DR
S
AVE WIL
T
M
ER DELANO AVE
CG
Project 4:
9TH ST
MIN
Project 4:
City of
RA
JARMAN ST
MANN AVE
FT
Glenside
BARCLAY ST
Glenside
PA
Muskegon Heights
CONTINENTAL ST
HACKLEY AVE
RK
Phase II Phase IV
RAY ST
VE
STEIN ST
GA
R
MAFFETT ST
AUSTIN ST
VALLEY ST
DIN
D
KANITZ ST
WAALKES ST
DYSON ST
HAR
VINCENT DR
GLEN AVE
CROWLEY ST
HUDSON ST
DOWD ST
KINSEY ST
LEMUEL ST
O DGETT ST
MCILWRAITH ST
GLADE ST
ST
PA R K D
RIDG
8TH ST
E BARNEY AVE
MANZ ST
WESTW OOD
AV
BAKER ST
R
Ru d LEAHY ST
HADDEN ST
G
CUMBERLAND ST
RE
BL
E
d PULASKI AVE
I
ima
EN
CR
BEARDSLEY AVE IVORY AVE
nC
!
W
O
HOVEY AVE
O
ZI
re e
O
ER
REYNOLDS ST
RANDOLPH AVE
D
Project 18:
RIORDAN ST
HOWDEN ST
k
AV
ST
tle
Muskegon
PHILO AVE CHESTER DR
Project 4:
E
W IN
Li t Creek
HOWELL AVE
Wildwood Lane &
MCC RACKEN ST
Project 4: Glenside
Township
MONTAGUE AVE HUME AVE
Dowd Street k
la c
WICKHAM DR
Feet
Glenside Phase V SHERMAN BLVD B 0 650 1,300 2,600
Phase III City of Roosevelt Park Page 73 of 207
Appendix I
Cost Estimates
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Project 6 Updated Estimate of Probable Cost
Owner:
City of Muskegon
Project Title:
Catherine Avenue - Irwin Ave. to Wood Ave.
Date: Project #:
May 10, 2024 2230379
Item
No. Description Quantity Unit Unit Price Total Amount
I. Sanitary Sewer
1 Sanitary Sewer, 8-inch 2,600 ft. $130 $338,000
2 Sanitary Manhole 12 ea. $4,500 $54,000
3 Sanitary Lateral, 6-inch 64 ea. $4,500 $288,000
II. Water Main
4 Water Main, 8-inch 3,300 ft $140 $462,000
5 Water Main, 6-inch 150 ft $125 $18,750
6 Water Main, Valve and Box, 8-inch 17 ea $3,000 $51,000
7 Water Main, Valve and Box, 6-inch 10 ea $2,000 $20,000
8 Water Main, Cross, 8" x 8" x 8" x 8" 3 ea $2,500 $7,500
9 Water Main, Tee, 8" x 8" x 8" 2 ea $2,000 $4,000
10 Water Main, Tee, 8" x 8" x 6" 10 ea $2,000 $20,000
11 Water Main, Tapping Tee & Valve, 10" x 8" 1 ea $9,000 $9,000
12 Water Main, Reducer, 8" x 6" 6 ea $1,500 $9,000
13 Water Main, Hydrant 10 ea $5,000 $50,000
14 Water Main, Connect to Existing 11 ea $5,000 $55,000
15 Water Main, 1-inch Service 71 ea $8,000 $568,000
III. Road Reconstruction
16 Mobilization, Max 10% 1 ls $362,000 $362,000
17 Catch Basin Replacement 15 ea. $4,000 $60,000
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Item
No. Description Quantity Unit Unit Price Total Amount
18 Storm Manhole Replacement, 48-inch Dia 10 ea. $4,500 $45,000
19 Storm Manhole Replacement, 60-inch Dia 2 ea. $9,000 $18,000
20 Storm Sewer Replacement, 12-inch to 15-inch 2,400 ft. $90 $216,000
21 Storm Sewer Replacement, 36-inch 60 ft. $300 $18,000
22 Road Replacement 3,000 ft. $310 $930,000
23 Traffic Control 1 ls $20,000 $20,000
Construction Estimate: $3,623,250
Construction Contingencies, Legal, Administrative, Engineering Costs (30%): $1,087,750
Total Estimate: $4,711,000
Inelgible (1/3 Road Reconstruction): $1,608,000
DWSRF Eligible (2/3 Road Reconstruction): $3,103,000
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Project 17 - Updated Estimate of Probable Cost
Owner:
City of Muskegon
Project Title:
FY25 Water Service Replacements
Date: Project #:
May 10, 2024 2230379
Item
No. Description Quantity Unit Unit Price Total Amount
1 Replace Lead/Galvanized Services 870 ea $10,000 $8,700,000
Construction Estimate: $8,700,000
Construction Contingencies, Legal, Administrative, Engineering Costs (15%): $1,300,000
Total Estimate (DWSRF Eligible): $10,000,000
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Project 18 Estimate of Probable Cost
Owner:
City of Muskegon
Project Title:
Wildwood Ln Ct and Dowd St Dead End
Date: Project #:
May 10, 2024 2230379
Item
No. Description Quantity Unit Unit Price Total Amount
1 Mobilization, Max 10% 1 ls $12,000 $12,000
2 Traffic Control 1 ls $5,000 $5,000
3 Water Main, 8-inch 360 ft $150 $54,000
4 Water Main, 45 Bend, 8-inch 2 ea $2,000 $4,000
5 Water Main, Valve and Box, 8-inch 1 ea $15,000 $15,000
6 Water Main, Sleeve, 8-inch 1 ea $2,000 $2,000
7 Machine Grading, Modified 4 sta $1,000 $4,000
8 Aggregate Surface Course, 6-inch 200 syd $16 $3,200
9 Bin-Block Barrier 4 ea $500 $2,000
10 Clearing and Grubbing 1 lsum $20,000 $20,000
11 Turf Restoration 4.0 sta $1,000 $4,000
Construction Estimate: $125,200
Construction Contingencies, Legal, Administrative, Engineering Costs (30%): $37,800
Total Estimate (DWSRF Eligible): $163,000
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Project 19 Estimate of Probable Cost
Owner:
City of Muskegon
Project Title:
Yuba Street Dead End
Date: Project #:
May 10, 2024 2230379
Item
No. Description Quantity Unit Unit Price Total Amount
1 Mobilization, Max 10% 1 ls $17,000 $17,000
2 Traffic Control 1 ls $5,000 $5,000
3 Water Main, 6- inch 20 ea $110 $2,200
4 Water Main, 8-inch 370 ft $150 $55,500
5 Water Main, Valve and Box, 6-inch 1 ea $2,000 $2,000
6 Water Main, Valve and Box, 8-inch 1 ea $15,000 $15,000
7 Water Main, Tapping Sleeve & Valve, 24" x 24" x 8" 1 ea $10,000 $10,000
8 Water Main, Sleeve, 6-inch 1 ea $2,000 $2,000
9 Water Main, Hydrant 1 ea $5,000 $5,000
10 Machine Grading, Modified 4 sta $1,000 $4,000
11 Aggregate Surface Course, 6-inch 1000 syd $16 $16,000
12 HMA, 330 lb/syd 170 ton $120 $20,400
13 Clearing and Grubbing 1 lsum $20,000 $20,000
14 Turf Restoration 4.0 sta $500 $2,000
Construction Estimate: $176,100
Construction Contingencies, Legal, Administrative, Engineering Costs (30%): $52,900
Total Estimate (DWSRF Eligible): $229,000
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Project 20 Estimate of Probable Cost
Owner:
City of Muskegon
Project Title:
Marshall Tank Coating
Date: Project #:
May 10, 2024 2230379
Item
No. Description Quantity Unit Unit Price Total Amount
1 Paint Wet Interior of Marshall Tank 1 ls $300,000 $300,000
2 Tank mixer 1 ls $75,000 $75,000
Construction Estimate: $375,000
Construction Contingencies, Legal, Administrative, Engineering Costs (30%): $113,000
Total Estimate (DWSRF Eligible): $488,000
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Appendix J
Present Worth Analysis
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CITY OF MUSKEGON DWRF PROJECT PLAN
PRESENT WORTH ANALYSIS - AMENDMENT
Project 6 Project 17 Project 18 Project 19 Project 20
Catherine Avenue - Irwin FY25 Water Service Wildwood Ln Ct and Marshall Tank
Yuba Street Dead End
Project Description Ave. to Wood Ave. Replacements Dowd St Dead End Coating
FY2025 FY2025 FY2025 FY2025 FY2025
Capital Costs (including ELAC)
Structures (50 yr) $2,626,000 $8,461,000 $138,000 $194,000 $0
Process Equipment (10 yr) $0 $0 $0 $0 $413,000
Planning $48,000 $154,000 $3,000 $4,000 $8,000
Engineering, Legal, and Administrative $429,000 $1,385,000 $22,000 $31,000 $67,000
Project Cost (DWSRF Eligible) $3,103,000 $10,000,000 $163,000 $229,000 $488,000
(A) 20-yr Present Worth of Capital Costs 1 $1,893,671 $6,102,709 $99,474 $139,752 $297,812
Operation, Maintenance & Replacement (OM&R)
Energy Cost Savings - Not included/negligible $0 $0 $0 $0 $0
2
Annual OM&R - Not included/negligible $0 $0 $0 $0 $0
Process Equipment Replacement (10 yr) $0 $0 $0 $0 $596,803
(B) 20-yr Present worth of OM&R 1 $0 $0 $0 $0 $0
3
(C) 20-yr Present worth of Energy Cost Savings $0 $0 $0 $0 $0
Salvage Value of Capital
Salvage value at 20 years $1,575,600 $5,076,600 $82,800 $116,400 $0
(D) 20-yr Present worth of Salvage 1 $961,543 $3,098,101 $50,530 $71,036 $0
Total Present Worth (A + B + C - D) $932,128 $3,004,608 $48,944 $68,717 $297,812
Equivalent Annual Cost4 $59,793 $192,737 $3,140 $4,408 $19,104
Total Existing Residential Equivalent Units (REUs)
City of Muskegon REUs: 20,784
Unit of Government Responsible for Payment for: Project 6 Project 17 Project 18 Project 19 Project 20
City of Muskegon 100.00% 100.00% 100.00% 100.00% 100.00%
City of Muskegon Annual Cost per REU $2.88 $9.27 $0.15 $0.21 $0.92
City of Muskegon Monthly Cost per REU $0.24 $0.77 $0.01 $0.02 $0.08
Total Proposed Project Cost FY2025: $13,983,000
Total Present Worth FY2025: $4,352,208
Total Equivalent Annual Cost FY2025: $279,182
Annual 4 Monthly 4
Total City of Muskegon Cost per REU (FY2025 Projects): $13.43 $1.12
Notes:
1
U.S. EPA Discount rate for Year 2024 is
2
Negative value indicates reduction in Annual O&M
3
Assumed energy cost rate of escalation is
4
Based on Total Present Worth
Page 1 of 1
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Page 82 of 207
Appendix T
Annual Debt Service Cost Summary
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CITY OF MUSKEGON
ANNUAL DEBT SERVICE COST SUMMARY - FY 2025 PROJECTS
Project Annual Debt Total Annual Debt
No. Project Cost Estimate Service* Service Cost*
6. Catherine Avenue - Irwin Ave. to Wood Ave. $3,103,000 $189,769 $189,769
17. FY25 Water Service Replacements $10,000,000 $611,567 $611,567
18. Wildwood Ln Ct and Dowd St Dead End $163,000 $9,969 $9,969
19. Yuba Street Dead End $229,000 $14,005 $14,005
20. Marshall Tank Coating $488,000 $29,844 $29,844
$13,983,000 $855,154 $855,154
Existing REU's 20,784
Annual REU Cost $41.14
Monthly REU Cost $3.43
* Annual debt service based on 20 year loan with a 2.00% interest rate.
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Appendix U
Public Participation Documentation
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Page 85 of 207
Summary of Public Meeting and Presentation
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Page 86 of 207
City Website Posting
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Page 87 of 207
List of Attendees
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Page 88 of 207
Appendix V
Signed Resolution of Project Plan Adoption
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Page 89 of 207
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 28, 2024 Title: Sale of 509 Adams.
Submitted by: Samantha Pulos, Code Department: Planning
Coordinator
Brief Summary:
Staff is seeking authorization to sell the City-owned vacant lot at 509 Adams to A&PL Homes.
Detailed Summary & Background:
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.
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 - Diverse housing types
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 authorize the Code Coordinator to complete the sale of 509 Adams, 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
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Other Division Heads x
Communication
Legal Review
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 28, 2024 Title: City-Owned Billboard Lease Renewal
Submitted by: Jamie Pesch, Planner Department: Planning
Brief Summary:
Renewal of 15-year leases with The Lamar Companies for two billboards owned by the City of
Muskegon located along Business Route 31.
Detailed Summary & Background:
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
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Increase revenue
Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Increase revenue
Amount Requested: Budgeted Item:
Page 100 of 207
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 renewal of the updated 15-year lease agreements with The Lamar Companies for two
City-owned billboard locations.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review
Page 101 of 207
THE COMPANIES
Lamar Co #151
This Instrument Prepared by:
James R. McIlwain Renewal
5321 Corporate Boulevard Lease #151-46801
Baton Rouge, Louisiana 70808
________________________
James R. McIlwain
SIGN LOCATION LEASE
THIS LEASE AGREEMENT (“Lease”), made this ___day of _____________, 202_, by and between:
The City of Muskegon
(hereinafter referred to as “Lessor”) and THE LAMAR COMPANIES (hereinafter referred to as “Lessee”), provides
WITNESSETH
“LESSOR hereby leases to LESSEE, its successors or assigns, as much of the hereinafter described lease premises as may
be necessary for the construction, repair and relocation of an outdoor advertising structure (“sign”), including necessary structures,
advertising devices, utility service, power poles, communications devices and connections, with the right of access to and egress from
the sign by LESSEE’S employees, contractors, agents and vehicles and the right to survey, post, illuminate and maintain
advertisements on the sign, and to modify the sign to have as many advertising faces, including changeable copy faces or electronic
faces, as are allowed by local and state law, and to maintain telecommunications devices or other activities necessary or useful in
LESSEE'S use of the sign. Any discrepancies or errors in the location and orientation of the sign are deemed waived by LESSOR
upon LESSOR’S acceptance of the first rental payment due after the construction of the sign.
The premises are a portion of the property located in the City of Muskegon, State of Michigan, more particularly described as:
BR-31 @ GETTY Pin 61-24-205-001-0003-96
1. This Lease shall be for a term of Fifteen (15) years commencing on 02/15/2024.
LESSEE may renew this Lease, for an additional term, of Year to Year, on the same terms and conditions, except annual
rent will increase by two percent (2%) over the rent paid during the previous year, and every year thereafter. Said renewal term shall
automatically go into effect unless Either party shall give to the other party written notice of non-renewal at least sixty (60) days
prior to the expiration of the original term or additional term.
2. LESSEE shall pay to LESSOR an annual rental of (See payment schedule on page 2) Dollars, payable annually, in
advance with the first installment due on the first day of the month following commencement. Rent shall be considered tendered upon
due mailing or attempted hand delivery during reasonable business hours at the address designated by LESSOR, whether or not
actually received by LESSOR. Should LESSEE fail to pay rent or perform any other obligation under this lease within thirty (30)
days after such performance is due, LESSEE will be in default under the lease. In the event of such default, LESSOR must give
LESSEE written notice by certified mail and allow LESSEE thirty (30) days thereafter to cure any default. In addition to annual rent,
upon the installation of a digital face during the term of the Lease, LESSOR shall have the right to display an advertisement of its
choosing on any rotating slide show of the digital sign on a monthly basis, which LESSOR display shall continuously run on the
digital sign slide show until LESSOR chooses a new display or advertisement.
3. LESSOR agrees not to erect or allow any other off-premise advertising structure(s), other than LESSEE’S, on property
owned or controlled by LESSOR within two thousand (2000) feet of LESSEE’S sign. LESSOR further agrees not to erect or allow
any other obstruction of highway view or any vegetation that may obstruct the highway view of LESSEE’S sign. LESSEE is hereby
authorized to remove any such other advertising structure, obstruction or vegetation at LESSEE’S option. LESSEE’S access over the
leased premises shall be strictly limited only to those areas of the leased premises necessary to access the existing signed structure at
the leased premises.
Rev 7/6/2012
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4. LESSEE may terminate this lease upon giving thirty (30) days written notice in the event that the sign becomes entirely or
partially obstructed in any way; provided, however, LESSOR shall be given thirty (30) days to cure such obstruction before LESSEE
may terminate the Lease as provided in this paragraph. In the event of termination of this Lease prior to expiration, LESSOR will
return to LESSEE any unearned rentals on a pro rata basis.
5. All structures, equipment and materials placed upon the premises by the LESSEE or its predecessor shall remain the
property of LESSEE and may be removed by LESSEE at any time prior to or within a reasonable time after expiration of the term
hereof or any renewal. At the termination of this lease, LESSEE agrees to restore the surface of the premises to its original condition.
The LESSEE shall have the right to make any necessary applications with, and obtain permits from, governmental bodies for the
construction and maintenance of LESSEE’S sign, at the sole discretion of LESSEE. All such permits and any nonconforming rights
pertaining to the premises shall be the property of LESSEE.
6. LESSOR represents that it is the owner or lessee under written lease of the premises and has the right to make this agreement
and to grant LESSEE free access to the premises to perform all acts necessary to exercise its rights pursuant to this lease. LESSOR is
not aware of any recorded or unrecorded rights, servitudes, easements, subdivision or building restrictions, or agreements affecting the
premises that prohibit the erection, posting, painting, illumination or maintenance of the sign. LESSOR acknowledges that the terms
and conditions of this agreement are confidential and proprietary and shall not be disclosed to any third-party without the written
consent of LESSEE.
7. In the event of any change of ownership of the property herein leased, LESSOR agrees to notify LESSEE promptly of the
name, address, and phone number of the new owner, and LESSOR further agrees to give the new owner formal written notice of the
existence of this lease and to deliver a copy thereof to such new owner at or before closing. This lease is binding upon the personal
representatives, heirs, executors, successors, and assigns of both LESSEE and LESSOR. LESSEE shall not assign or transfer this
Lease without prior written consent of LESSOR, which consent shall be in LESSOR’S sole discretion. Any assignment, subletting,
or other transfer, even with LESSOR’S consent, shall not relieve LESSEE from primary liability for the payment of rent or the
primary obligation to be bound by the terms, conditions, and covenants of this Lease.
8. In the event of condemnation of the subject premises or any part thereof by proper authorities, or relocation of the highway,
the LESSOR grants to the LESSEE the right to relocate its sign on LESSOR’S remaining property adjoining the condemned
property or the relocated highway. Any condemnation award for LESSEE’S property shall accrue to LESSEE.
9. LESSEE agrees to indemnify LESSOR from all claims of injury and damages to LESSOR or third parties caused by the
installation, operation, maintenance, or dismantling of LESSEE’S sign during the term of this lease. LESSEE further agrees to repair
any damage to the premises or property at the premises resulting from the installation, operation, maintenance, or dismantling of the
sign, less ordinary wear and tear.
10. If required by LESSEE, LESSOR will execute and acknowledge a memorandum of lease suitable for recordation. LESSOR
further authorizes LESSEE to perform all acts that are incidental to or necessary for the execution and recordation of such
memorandum or memoranda.
11. This Lease is NOT BINDING UNTIL ACCEPTED by the General Manager of a Lamar Advertising Company. It is
understood that this written Lease between the parties constitutes the entire lease and understanding between the parties and
supersedes all prior representations, understanding, and agreements relating to the lease premises described above. This Lease may
not be modified except in writing, signed by LESSOR and the General Manager of LESSEE.
12. All rents to be paid pursuant to this Lease and all notices are to be forwarded to the undersigned LESSOR at the address
noted below LESSOR’S signature. If either party is in default under the terms of this Lease, the non-defaulting party shall deliver
written notice by certified or registered return receipt mail to the defaulting party and said party may cure such default within 30 days
of receipt of such notice.
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.
*In the event that LESSEE elects to install a digital face on this sign structure, LESSEE shall pay to LESSOR an increased rental.
The digital payment shall be prorated from the date that the digital face is installed.
Digital Payment Schedule:
Years 1-5 = $7,000.00 per year.
Years 6-10 = $8,500.00 per year.
Years 11-15 = $10,000.00 per year.
Rev 7/6/2012
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THE LAMAR COMPANIES, LESSEE: LESSOR:
BY: ________________________________________ BY: ___________________________________
__ Susan Ackley_______________ ___________________________________
VICE-PRESIDENT/GENERAL MANAGER LESSOR’S PRINTED NAME
DATE: / / DATE: / /
________________________________
LESSOR’S TELEPHONE NUMBER
________________________________
LESSOR’S SOCIAL SECURITY NUMBER /
EMPLOYER IDENTIFICATION NUMBER
______________________________________
W-9 Name (as shown on your Income Tax Return)
______________________________________
Tax ID Parcel # (for land on which sign is located)
Address of LESSEE: Address of LESSOR:
4898 S. Quarterline Road 933 Terrace Street
Muskegon, MI 49444 Muskegon, MI 49440
Witnesses (LESSEE) Witnesses (LESSOR)
________________________________ __________________________________
Rev 7/6/2012
Page 104 of 207
THE COMPANIES
Lamar Co #151
This Instrument Prepared by:
James R. McIlwain Renewal
5321 Corporate Boulevard Lease #151-40001
Baton Rouge, Louisiana 70808
________________________
James R. McIlwain
SIGN LOCATION LEASE
THIS LEASE AGREEMENT (“Lease”), made this ___day of _____________, 202_, by and between:
The City of Muskegon
(hereinafter referred to as “Lessor”) and THE LAMAR COMPANIES (hereinafter referred to as “Lessee”), provides
WITNESSETH
“LESSOR hereby leases to LESSEE, its successors or assigns, as much of the hereinafter described lease premises as may
be necessary for the construction, repair and relocation of an outdoor advertising structure (“sign”), including necessary structures,
advertising devices, utility service, power poles, communications devices and connections, with the right of access to and egress from
the sign by LESSEE’S employees, contractors, agents and vehicles and the right to survey, post, illuminate and maintain
advertisements on the sign, and to modify the sign to have as many advertising faces, including changeable copy faces or electronic
faces, as are allowed by local and state law, and to maintain telecommunications devices or other activities necessary or useful in
LESSEE'S use of the sign. Any discrepancies or errors in the location and orientation of the sign are deemed waived by LESSOR
upon LESSOR’S acceptance of the first rental payment due after the construction of the sign.
The premises are a portion of the property located in the City of Muskegon, State of Michigan, more particularly described as:
W/S SEAWAY .1 MILE N/O SOUTHERN, PIN 61-24-205-341-0001-00
1. This Lease shall be for a term of Fifteen (15) years commencing on 04/15/2024.
LESSEE may renew this Lease, for an additional term, of Year to Year, on the same terms and conditions, except annual
rent will increase by two percent (2%) over the rent paid during the previous year, and every year thereafter. Said renewal term shall
automatically go into effect unless Either party shall give to the other party written notice of non-renewal at least sixty (60) days
prior to the expiration of the original term or additional term.
2. LESSEE shall pay to LESSOR an annual rental of (See payment schedule on page 2 ) Dollars, payable annually, in
advance with the first installment due on the first day of the month following commencement. Rent shall be considered tendered upon
due mailing or attempted hand delivery during reasonable business hours at the address designated by LESSOR, whether or not
actually received by LESSOR. Should LESSEE fail to pay rent or perform any other obligation under this lease within thirty (30)
days after such performance is due, LESSEE will be in default under the lease. In the event of such default, LESSOR must give
LESSEE written notice by certified mail and allow LESSEE thirty (30) days thereafter to cure any default. In addition to annual rent,
upon the installation of a digital face during the term of the Lease, LESSOR shall have the right to display an advertisement of its
choosing on any rotating slide show of the digital sign on a monthly basis, which LESSOR display shall continuously run on the
digital sign slide show until LESSOR chooses a new display or advertisement.
3. LESSOR agrees not to erect or allow any other off-premise advertising structure(s), other than LESSEE’S, on property
owned or controlled by LESSOR within two thousand (2000) feet of LESSEE’S sign. LESSOR further agrees not to erect or allow
any other obstruction of highway view or any vegetation that may obstruct the highway view of LESSEE’S sign. LESSEE is hereby
authorized to remove any such other advertising structure, obstruction or vegetation at LESSEE’S option. LESSEE’S access over the
leased premises shall be strictly limited only to those areas of the leased premises necessary to access the existing signed structure at
the leased premises.
Rev 7/6/2012
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4. LESSEE may terminate this lease upon giving thirty (30) days written notice in the event that the sign becomes entirely or
partially obstructed in any way; provided, however, LESSOR shall be given thirty (30) days to cure such obstruction before LESSEE
may terminate the Lease as provided in this paragraph. In the event of termination of this Lease prior to expiration, LESSOR will
return to LESSEE any unearned rentals on a pro rata basis.
5. All structures, equipment and materials placed upon the premises by the LESSEE or its predecessor shall remain the
property of LESSEE and may be removed by LESSEE at any time prior to or within a reasonable time after expiration of the term
hereof or any renewal. At the termination of this lease, LESSEE agrees to restore the surface of the premises to its original condition.
The LESSEE shall have the right to make any necessary applications with, and obtain permits from, governmental bodies for the
construction and maintenance of LESSEE’S sign, at the sole discretion of LESSEE. All such permits and any nonconforming rights
pertaining to the premises shall be the property of LESSEE.
6. LESSOR represents that it is the owner or lessee under written lease of the premises and has the right to make this agreement
and to grant LESSEE free access to the premises to perform all acts necessary to exercise its rights pursuant to this lease. LESSOR is
not aware of any recorded or unrecorded rights, servitudes, easements, subdivision or building restrictions, or agreements affecting the
premises that prohibit the erection, posting, painting, illumination or maintenance of the sign. LESSOR acknowledges that the terms
and conditions of this agreement are confidential and proprietary and shall not be disclosed to any third-party without the written
consent of LESSEE.
7. In the event of any change of ownership of the property herein leased, LESSOR agrees to notify LESSEE promptly of the
name, address, and phone number of the new owner, and LESSOR further agrees to give the new owner formal written notice of the
existence of this lease and to deliver a copy thereof to such new owner at or before closing. LESSEE shall not assign or transfer this
Lease without prior written consent of LESSOR, which consent shall be in LESSOR’S sole discretion. Any assignment, subletting,
or other transfer, even with LESSOR’S consent, shall not relieve LESSEE from primary liability for the payment of rent or the
primary obligation to be bound by the terms, conditions, and covenants of this Lease. This lease is binding upon the personal
representatives, heirs, executors, successors, and assigns of both LESSEE and LESSOR.
8. In the event of condemnation of the subject premises or any part thereof by proper authorities, or relocation of the highway,
the LESSOR grants to the LESSEE the right to relocate its sign on LESSOR’S remaining property adjoining the condemned
property or the relocated highway. Any condemnation award for LESSEE’S property shall accrue to LESSEE.
9. LESSEE agrees to indemnify LESSOR from all claims of injury and damages to LESSOR or third parties caused by the
installation, operation, maintenance, or dismantling of LESSEE’S sign during the term of this lease. LESSEE further agrees to
promptly repair any damage to the premises or property at the premises resulting from the installation, operation, maintenance, or
dismantling of the sign, less ordinary wear and tear.
10. If required by LESSEE, LESSOR will execute and acknowledge a memorandum of lease suitable for recordation. LESSOR
further authorizes LESSEE to perform all acts that are incidental to or necessary for the execution and recordation of such
memorandum or memoranda.
11. This Lease is NOT BINDING UNTIL ACCEPTED by the General Manager of a Lamar Advertising Company. It is
understood that this written Lease between the parties constitutes the entire lease and understanding between the parties and
supersedes all prior representations, understanding, and agreements relating to the lease premises described above. This Lease may
not be modified except in writing, signed by LESSOR and the General Manager of LESSEE.
12. All rents to be paid pursuant to this Lease and all notices are to be forwarded to the undersigned LESSOR at the address
noted below LESSOR’S signature. If either party is in default under the terms of this Lease, the non-defaulting party shall deliver
written notice by certified or registered return receipt mail to the defaulting party and said party may cure such default within 30 days
of receipt of such notice.
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.
*In the event that LESSEE elects to install a digital face on this sign structure, LESSEE shall pay to LESSOR an increased rental.
The digital payment shall be prorated from the date that the digital face is installed.
Digital Payment Schedule:
Years 1-5 = $7,000.00 per year.
Years 6-10 = $8,500.00 per year.
Years 11-15 = $10,000.00 per year.
Rev 7/6/2012
Page 106 of 207
THE LAMAR COMPANIES, LESSEE: LESSOR:
BY: ________________________________________ BY: ___________________________________
__ Susan Ackley_______________ ___________________________________
VICE-PRESIDENT/GENERAL MANAGER LESSOR’S PRINTED NAME
DATE: / / DATE: / /
________________________________
LESSOR’S TELEPHONE NUMBER
________________________________
LESSOR’S SOCIAL SECURITY NUMBER /
EMPLOYER IDENTIFICATION NUMBER
______________________________________
W-9 Name (as shown on your Income Tax Return)
______________________________________
Tax ID Parcel # (for land on which sign is located)
Address of LESSEE: Address of LESSOR:
4898 S. Quarterline Road 933 Terrace Street
Muskegon, MI 49444 Muskegon, MI 49440
Witnesses (LESSEE) Witnesses (LESSOR)
________________________________ __________________________________
Rev 7/6/2012
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 28, 2024 Title: Sale of 186 Myrtle
Submitted by: Samantha Pulos, Code Department: Planning
Coordinator
Brief Summary:
Staff is seeking authorization to sell the City-owned vacant lot at 186 Myrtle to Across the Board, LLC.
Detailed Summary & Background:
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.
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:
To authorize the Code Coordinator to complete the sale of 186 Myrtle, 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
Page 108 of 207
Other Division Heads x
Communication
Legal Review
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 28, 2024 Title: Sale of 553,558,579,601,608,621 Jackson, 505
Alva and 532 Leonard.
Submitted by: Samantha Pulos, Code Department: Planning
Coordinator
Brief Summary:
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.
Detailed Summary & Background:
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.
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:
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 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
No
Page 118 of 207
Head
Information
Technology
Other Division Heads x
Communication
Legal Review
Page 119 of 207
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PURCHASE AND DEVELOPMENT AGREEMENT
This Purchase and Development Agreement (“Agreement”) is made May 28th, 2024 (“Effective
Date”), between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street,
Muskegon, Michigan 49440 (“City”), and 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. Developer proposes to purchase and develop eight (8) vacant 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 A (each property individually, a “Parcel” and collectively
“Project Properties”).
B. 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.
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 as further described herein.
3. Construction and Development Requirements.
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. 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:
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Design Standard Purchase Price Reimbursement for Parcel
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 1172 Marquette Ave, Developer would be reimbursed
$6,000.00, which is 60% of the $8,000.00 purchase price for this Parcel. If Developer completes
all five design standards, Developer would be reimbursed the entire purchase price for this Parcel.)
4. Right of Reversion. 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, the quit claim deed conveying the Project Properties to Developer shall contain a right
of reversion in all of the Project Properties (“City’s Reversionary Right”), which may 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 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 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 all Project Properties prior to
expiration of the Construction Period, in which case title 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 all 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.
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 deed
from City to Developer.
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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.
6. Title Insurance. Within five (5) days after the Effective Date, Developer shall order a title
commitment for an extended coverage ALTA owner’s policy of title insurance issued by Transnation Title
Agency (the “Title Company”) for 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”). 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 the Project Properties. If objection to
the title is made, City shall have 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 and neither City nor Developer shall have any further obligation
to the other pursuant to this Agreement, 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.”
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 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 seven (7) days after disclosure, or terminate this Agreement. 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
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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 prior to expiration of the 30-day Inspection Period. If
Developer so notifies City, this Agreement shall be terminated 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
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 limited liability company. 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.
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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.
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 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 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 60 days from the City 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; and (v) Developer
and City shall each pay one-half of any closing fees charged by the Title Company.
c. Deliveries. At Closing, City shall deliver a quit claim deed for the Project
Properties and Developer shall pay the purchase price. The quit claim deed to be delivered by City
at closing shall include the City Right of Reversion 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.
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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.: Bryant
__________________
Mitchell
1801 44 St SE
th
Grand Rapids, MI, 49058
Email: [email protected]
__________________
18. Miscellaneous.
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 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. 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
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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 GREEN RABBIT HOME BUILDERS
dotloop verified
Bryant Mitchell
By: _______________________________ By: _____________________________
05/20/24 4:09 PM EDT
IHEC-L81N-X9NT-HGON
Name: Ken Johnson Name: __________________________
Bryant Mitchell
Title: Mayor Title: __________________________
Chief Development Officer
Dated: ____________________________ Dated: __________________________
05/20/2024
By: _______________________________
Name: Ann Marie Meisch
Title: City Clerk
Dated: ____________________________
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Exhibit A
The following described premises 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
*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 LOT 1 BLOCK 22
Address: 579 JACKSON AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-022-0001-00
Price: $3,000.00
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
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 28, 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
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Other Division Heads
Communication
Legal Review
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CDBG Organization/Agency 2023 2024
Kid Power of Produce $8,000.00 $20,000.00
Priority Home Repair $223,952.62 $136,375.77
Residential Façade $125,995.00 $70,000.00
Service Delivery $60,000.00 $117,807.00
Housing Ramps $20,000.00 $0.00
Fire Station Bond $213,085.58 $231,106.86
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
HOME Organization/Agency 2023 2024
Community Dev. Housing $48,824.20 $37,772.70
Rehab Construction $244,121.30 $163,681.70
Admin $32,549.50 $50,363.60
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TOTAL $ 251,818.00 $ 251,818.00
km
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 28, 2024 Title: EGLE Water Affordability & Planning Grant
Agreement
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
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.
Detailed Summary & Background:
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 be supported by the City Commission and the public.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Decrease infrastructure burden on residents
Sustainability in financial practices and infrastructure
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Partnerships with organizations focused on
reducing poverty
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
591 Yes No N/A X
Recommended Motion:
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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.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review
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AFFORDABILITY AND PLANNING GRANT AGREEMENT
BETWEEN THE
MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
AND City of Muskegon
This Grant Agreement (“Agreement”) is made between the Michigan Department of Environment, Great
Lakes, and Energy (EGLE), Finance Division (“State"), and City of Muskegon ("Grantee").
The purpose of this Agreement is to provide funding in exchange for work to be performed for the
project named below. The State is authorized to provide grant assistance pursuant to Public Act 57 of
2019. Legislative appropriation of Funds for grant assistance is set forth in Public Act 57 of 2019. This
Agreement is subject to the terms and conditions specified herein.
PROJECT INFORMATION:
Project Name: Affordability Program Planning Project #:
Amount of grant: $122,500 % of grant state 100 / % of grant federal 0
Amount of match: $23,320 TOTAL: $145,820 (grant plus match)
Start Date: 4/1/2024 End Date: 6/1/2025
GRANTEE CONTACT INFORMATION:
Name/Title: Dan VanderHeide, Public Works Director
Organization: City of Muskegon
Address: 1350 E. Keating Ave.
City, State, ZIP: Muskegon, MI 49442
Phone Number: 616-443-0829
Fax Number:
E-Mail Address: [email protected]
Federal ID Number (Required for Federal Funding):
Grantee DUNs/UEI Number (Required for Federal Funding):
SIGMA Vendor Number: CV0047621
Michigan.gov/EGLE Page 1 of 11 EQP1030 (Rev. 5/2022)
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STATE’S CONTACT INFORMATION:
Name/Title: Emily Posthumus
Division/Bureau/Office: Office of the Clean Water Public Advocate
Address: 525 West Allegan
City, State, ZIP: Lansing, MI 48933
Phone Number: 517-285-0893
E-Mail Address: [email protected]
The individuals signing below certify by their signatures that they are authorized to sign this Agreement
on behalf of their agencies and that the parties will fulfill the terms of this Agreement, including any
attached appendices, as set forth herein.
FOR THE GRANTEE:
Dan VanderHeide, Public Works Director
Signature Name/Title Date
FOR THE STATE:
James Clift, Deputy Director
Signature Name/Title Date
Michigan.gov/EGLE Page 2 of 15 EQP1030 (Rev. 5/2022)
Page 135 of 207
I. PROJECT SCOPE
This Agreement and its appendices constitute the entire Agreement between the State and the
Grantee and may be modified only by written agreement between the State and the Grantee.
(A) The scope of this project is limited to the activities specified in Appendix A and such activities as are
authorized by the State under this Agreement. Any change in project scope requires prior written
approval in accordance with Section III, Changes, in this Agreement.
(B) By acceptance of this Agreement, the Grantee commits to complete the project identified in
Appendix A within the time period allowed for in this Agreement and in accordance with the terms and
conditions of this Agreement.
II. AGREEMENT PERIOD
Upon signature by the State, the Agreement shall be effective from the Start Date until the End Date on
page 1. The State shall have no responsibility to provide funding to the Grantee for project work
performed except between the Start Date and the End Date specified on page 1. Expenditures made
by the Grantee prior to the Start Date or after the End Date of this Agreement are not eligible for
payment under this Agreement.
III. CHANGES
Any changes to this Agreement shall be requested by the Grantee or the State in writing and
implemented only upon approval in writing by the State. The State reserves the right to deny
requests for changes to the Agreement or to the appendices. No changes can be implemented
without approval by the State.
IV. GRANTEE DELIVERABLES AND REPORTING REQUIREMENTS
The Grantee shall submit deliverables and follow reporting requirements specified in Appendix A of
this Agreement.
(A) The Grantee must complete and submit quarterly financial and progress reports according to a
form and format prescribed by the State and must include supporting documentation of eligible
project expenses. These reports shall be due according to the following:
Reporting Period Due Date
January 1 – March 31 April 30
April 1 – June 30 July 31
July 1 – September 30 Before October 15*
October 1 – December 31 January 31
*Due to the State’s year-end closing procedures, there will be an accelerated due date for the report
covering July 1 – September 30. Advance notification regarding the due date for the quarter ending
September 30 will be sent to the Grantee. If the Grantee is unable to submit a report in early October
Michigan.gov/EGLE Page 3 of 15 EQP1030 (Rev. 5/2022)
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for the quarter ending September 30, an estimate of expenditures through September 30 must be
submitted to allow the State to complete its accounting for that fiscal year.
The forms provided by the State shall be submitted to the State’s contact at the address on page 1.
All required supporting documentation (invoices, proof of payment, etc.) for expenses must be
included with the report.
(B) The Grantee shall provide a final project report in a format prescribed by the State. The Grantee
shall submit the final status report, including all supporting documentation for expenses, along with
the final project report and any other outstanding products within 30 days from the End Date of the
Agreement.
V. GRANTEE RESPONSIBILITIES
(A) The Grantee agrees to abide by all applicable local, state, and federal laws, rules, ordinances,
and regulations in the performance of this grant.
(B) All local, state, and federal permits, if required, are the responsibility of the Grantee. Award of this
grant is not a guarantee of permit approval by the State.
(C) The Grantee shall be solely responsible to pay all applicable taxes and fees, if any, that arise from
the Grantee’s receipt or execution of this grant.
(D) The Grantee is responsible for the professional quality, technical accuracy, timely completion, and
coordination of all designs, drawings, specifications, reports, and other services submitted to the
State under this Agreement. The Grantee shall, without additional compensation, correct or revise
any errors, omissions, or other deficiencies in drawings, designs, specifications, reports, or other
services.
(E) The State’s approval of drawings, designs, specifications, reports, and incidental work or
materials furnished hereunder shall not in any way relieve the Grantee of responsibility for the
technical adequacy of the work. The State’s review, approval, acceptance, or payment for any of the
services shall not be construed as a waiver of any rights under this Agreement or of any cause of
action arising out of the performance of this Agreement.
(F) The Grantee acknowledges that it is a crime to knowingly and willingly file false information with
the State for the purpose of obtaining this Agreement or any payment under the Agreement, and that
any such filing may subject the Grantee, its agents, and/or employees to criminal and civil
prosecution and/or termination of the grant.
VI. USE OF MATERIAL
Unless otherwise specified in this Agreement, the Grantee may release information or material
developed under this Agreement, provided it is acknowledged that the State funded all or a portion of
its development.
The State, and federal awarding agency, if applicable, retains a royalty-free, nonexclusive and
irrevocable right to reproduce, publish, and use in whole or in part, and authorize others to do so, any
Michigan.gov/EGLE Page 4 of 15 EQP1030 (Rev. 5/2022)
Page 137 of 207
copyrightable material or research data submitted under this grant whether or not the material is
copyrighted by the Grantee or another person. The Grantee will only submit materials that the State
can use in accordance with this paragraph.
VII. ASSIGNABILITY
The Grantee shall not assign this Agreement or assign or delegate any of its duties or obligations
under this Agreement to any other party without the prior written consent of the State. The State
does not assume responsibility regarding the contractual relationships between the Grantee and any
subcontractor.
VIII. SUBCONTRACTS
The State reserves the right to deny the use of any consultant, contractor, associate, or other
personnel to perform any portion of the project. The Grantee is solely responsible for all contractual
activities performed under this Agreement. Further, the State will consider the Grantee to be the sole
point of contact with regard to contractual matters, including payment of any and all charges resulting
from the anticipated Grant. All subcontractors used by the Grantee in performing the project shall be
subject to the provisions of this Agreement and shall be qualified to perform the duties required.
IX. NON-DISCRIMINATION
The Grantee shall comply with the Elliott Larsen Civil Rights Act, 1976 PA 453, as amended,
MCL 37.2101 et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL
37.1101 et seq., and all other federal, state, and local fair employment practices and equal
opportunity laws and covenants that it shall not discriminate against any employee or applicant for
employment, to be employed in the performance of this Agreement, with respect to his or her hire,
tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to
employment, because of his or her race, religion, color, national origin, age, sex, height, weight,
marital status, or physical or mental disability that is unrelated to the individual’s ability to perform the
duties of a particular job or position. The Grantee agrees to include in every subcontract entered into
for the performance of this Agreement this covenant not to discriminate in employment. A breach of
this covenant is a material breach of this Agreement.
X. UNFAIR LABOR PRACTICES
The Grantee shall comply with the Employers Engaging in Unfair Labor Practices Act, 1980 PA 278,
as amended, MCL 423.321 et seq.
XI. LIABILITY
(A) The Grantee, not the State, is responsible for all liabilities as a result of claims, judgments, or
costs arising out of activities to be carried out by the Grantee under this Agreement, if the liability is
caused by the Grantee, or any employee or agent of the Grantee acting within the scope of their
employment or agency.
(B) Nothing in this Agreement should be construed as a waiver of any governmental immunity by the
Grantee, the State, its agencies, or their employees as provided by statute or court decisions.
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XII. CONFLICT OF INTEREST
No government employee, or member of the legislative, judicial, or executive branches, or member of
the Grantee’s Board of Directors, its employees, partner agencies, or their families shall benefit
financially from any part of this Agreement.
XIII. ANTI-LOBBYING
If all or a portion of this Agreement is funded with federal funds, then in accordance with 2 CFR 200,
as appropriate, the Grantee shall comply with the Anti-Lobbying Act, which prohibits the use of all
project funds regardless of source, to engage in lobbying the state or federal government or in
litigation against the State. Further, the Grantee shall require that the language of this assurance be
included in the award documents of all subawards at all tiers.
If all or a portion of this Agreement is funded with state funds, then the Grantee shall not use any of
the grant funds awarded in this Agreement for the purpose of lobbying as defined in the State of
Michigan’s lobbying statute, MCL 4.415(2). “‘Lobbying’ means communicating directly with an official
of the executive branch of state government or an official in the legislative branch of state government
for the purpose of influencing legislative or administrative action.” The Grantee shall not use any of
the grant funds awarded in this Agreement for the purpose of litigation against the State. Further, the
Grantee shall require that language of this assurance be included in the award documents of all
subawards at all tiers.
XIV. DEBARMENT AND SUSPENSION
By signing this Agreement, the Grantee certifies that it has checked the federal
debarment/suspension list at www.SAM.gov to verify that its agents, and its subcontractors:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or the state.
(2) Have not within a three-year period preceding this Agreement been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction
or contract under a public transaction, as defined in 45 CFR 1185; violation of federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
(3) Are not presently indicted or otherwise criminally or civilly charged by a government entity
(federal, state, or local) with commission of any of the offenses enumerated in subsection (2).
(4) Have not within a three-year period preceding this Agreement had one or more public
transactions (federal, state, or local) terminated for cause or default.
(5) Will comply with all applicable requirements of all other state or federal laws, executive orders,
regulations, and policies governing this program.
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XV. AUDIT AND ACCESS TO RECORDS
The State reserves the right to conduct a programmatic and financial audit of the project, and the State
may withhold payment until the audit is satisfactorily completed. The Grantee will be required to
maintain all pertinent records and evidence pertaining to this Agreement, including grant and any
required matching funds, in accordance with generally accepted accounting principles and other
procedures specified by the State. The State or any of its duly authorized representatives must have
access, upon reasonable notice, to such books, records, documents, and other evidence for the
purpose of inspection, audit, and copying. The Grantee will provide proper facilities for such access
and inspection. All records must be maintained for a minimum of [five] years after the final payment
has been issued to the Grantee by the State.
XVI. INSURANCE
(A) The Grantee must maintain insurance or self-insurance that will protect it from claims that may
arise from the Grantee’s actions under this Agreement.
(B) The Grantee must comply with applicable workers’ compensation laws while engaging in activities
authorized under this Agreement.
XVII. OTHER SOURCES OF FUNDING
The Grantee guarantees that any claims for reimbursement made to the State under this Agreement
must not be financed by any source other than the State under the terms of this Agreement. If
funding is received through any other source, the Grantee agrees to delete from Grantee's billings, or
to immediately refund to the State, the total amount representing such duplication of funding.
XVIII. COMPENSATION
(A) A breakdown of costs allowed under this Agreement is identified in Appendix A. The State will pay
the Grantee a total amount not to exceed the amount on page 1 of this Agreement, in accordance with
Appendix A, and only for expenses incurred and paid. All other costs necessary to complete the project
are the sole responsibility of the Grantee.
(B) Expenses incurred by the Grantee prior to the Start Date or after the End Date of this Agreement
are not allowed under the Agreement.
(C) The State will approve payment requests after approval of reports and related documentation as
required under this Agreement.
(D) The State reserves the right to request additional information necessary to substantiate payment
requests.
(E) Payments under this Agreement may be processed by Electronic Funds Transfer (EFT). The
Grantee may register to receive payments by EFT at the SIGMA Vendor Self Service web site
(https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService).
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(F) An amount equal to 50 percent of the grant award will be withheld by the State until the project is
completed in accordance with Section XIX, Closeout, and Appendix A.
(G) The Grantee is committed to the match percentage on page 1 of the Agreement, in accordance with
Appendix A. The Grantee shall expend all local match committed to the project by the End Date on
page 1 of the Agreement.
XIX. CLOSEOUT
(A) A determination of project completion, which may include a site inspection and an audit, shall be
made by the State after the Grantee has met any match obligations, satisfactorily completed the
activities, and provided products and deliverables described in Appendix A.
(B) Upon issuance of final payment from the State, the Grantee releases the State of all claims
against the State arising under this Agreement. Unless otherwise provided in this Agreement or by
State law, final payment under this Agreement shall not constitute a waiver of the State’s claims
against the Grantee.
(C) The Grantee shall immediately refund to the State any payments in excess of the costs allowed
by this Agreement.
XX. CANCELLATION
This Agreement may be canceled by the State, upon 30 days written notice, due to Executive Order,
budgetary reduction, other lack of funding, upon request by the Grantee, or upon mutual agreement
by the State and Grantee. The State may honor requests for just and equitable compensation to the
Grantee for all satisfactory and eligible work completed under this Agreement up until 30 days after
written notice, upon which time all outstanding reports and documents are due to the State and the
State will no longer be liable to pay the grantee for any further charges to the grant.
XXI. TERMINATION
(A) This Agreement may be terminated by the State as follows.
(1) Upon 30 days written notice to the Grantee:
a. If the Grantee fails to comply with the terms and conditions of the Agreement, or with the
requirements of the authorizing legislation cited on page 1, or the rules promulgated
thereunder, or other applicable law or rules.
b. If the Grantee knowingly and willingly presents false information to the State for the purpose
of obtaining this Agreement or any payment under this Agreement.
c. If the State finds that the Grantee, or any of the Grantee’s agents or representatives, offered
or gave gratuities, favors, or gifts of monetary value to any official, employee, or agent of the
State in an attempt to secure a subcontract or favorable treatment in awarding, amending,
or making any determinations related to the performance of this Agreement.
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d. If the Grantee or any subcontractor, manufacturer, or supplier of the Grantee appears in the
register of persons engaging in unfair labor practices that is compiled by the Michigan
Department of Licensing and Regulatory Affairs or its successor.
e. During the 30-day written notice period, the State shall withhold payment for any findings
under subparagraphs a through d, above and the Grantee will immediately cease charging
to the grant and stop earning match for the project (if applicable).
(2) Immediately and without further liability to the State if the Grantee, or any agent of the
Grantee, or any agent of any subcontract is:
a. Convicted of a criminal offense incident to the application for or performance of a State,
public, or private contract or subcontract;
b. Convicted of a criminal offense, including but not limited to any of the following:
embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen
property, or attempting to influence a public employee to breach the ethical conduct
standards for State of Michigan employees;
c. Convicted under State or federal antitrust statutes; or
d. Convicted of any other criminal offense that, in the sole discretion of the State, reflects on
the Grantee’s business integrity.
e. Added to the federal or state Suspension and Debarment list.
(B) If a grant is terminated, the State reserves the right to require the Grantee to repay all or a portion
of funds received under this Agreement.
XXII. IRAN SANCTIONS ACT
By signing this Agreement the Grantee is certifying that it is not an Iran linked business, and that its
contractors are not Iran linked businesses, as defined in MCL 129.312.
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PROJECT-SPECIFIC REQUIREMENTS – APPENDIX A
Project Overview
The City of Muskegon water system (City) is facing a growing need for rehabilitation and replacement
of its aging infrastructure. The City provides water service to approximately 38,000 residents in the
City and provides water on a wholesale basis to the neighboring communities of Muskegon County
Northside and Eastside Water Systems, West Michigan Regional Water Authority, and the Cities of
North Muskegon and Roosevelt Park. The proposed program would apply to the City of Muskegon
only. The wholesale communities operate their own distribution systems and bill their own customers.
Since preparation of its original Water Asset Management Plan in 2017, the City has continued to
develop short-term Capital Improvement Programs (CIP) that are coordinated with other City
infrastructure such as sanitary sewer, storm sewer and roads. Over half of the distribution system is
more than 80 years old and will require replacement or rehabilitation over the coming decades.
Additional needs for the Water Treatment Plant, water storage tanks, and pumping stations have
also been identified.
Additionally, in 2019, the City completed a preliminary distribution system materials inventory (DSMI)
of all water services in the City to comply with recent changes to Michigan lead and copper
regulations. The City has approximately 12,900 water services, over 10,00 of which are likely to be
classified as lead, or galvanized previously connected to lead, under current regulations. These will
require replacement by 2041 based on current State regulations. With approximately 3,000 left to
replace, the costs for this alone will approach $100,000,000, placing a large burden on system rate
payers. In addition, proposed federal regulations could shorten the replacement period and
exacerbate the financial burden on the rate payers.
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 burdens on low-income
residents. 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. Affordability can be a controversial
topic and the City wants to develop a program that is sustainable and can be supported by the City
Council and the public.
Project Scope
1. Collect and Review Background Information. A review of available background information will
be made to identify the scope and magnitude of the problem and potential costs to the system.
This will include:
• Review and summarize current City policies for water shut-offs, late fees, penalties, etc.
• Review customer delinquency rates and shut offs for last 3 to 5 years
• Review City population statistics related to Median Household income and Federal Poverty
Levels
• Provide Geographic Information System (GIS) mapping of data collected to determine if
there are certain areas more affected than others
• Determine lost revenues based on delinquencies and shut offs
• Quantify staff and administrative costs associated with water system shut offs and
reinstatements
• Summarize results and review with City
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2. Review Current Rate Structure and Projected Needs. The City has been evaluating the water
system needs and projected costs for improvements through yearly evaluation of its Asset
Management Program. Under the task the City will:
• Review and summarize the 10-year Water System Capital Improvement Program (CIP) and
revenues needed to support the identified needs
• Review current rate structure and revenues needed to support the CIP and other expenses
• Analysis by City financial advisor
• Summarize findings and review with city staff
3. Review Affordability Programs and Identify Potential Partners and Funding Sources. Over the
last several years, affordability has become a more common topic of discussion with programs
being adopted by municipalities in Michigan and throughout the United States. A review of
programs, primarily in Michigan will be made.
• Review income-based rate programs
• Review existing rate assistance programs within Michigan for water and other utilities such
as those operated by:
o Great Lakes Waster Authority
o City of Detroit
o City of Kalamazoo
o Community Action Agency of Michigan
o Consumers Energy
o Others that may be identified.
• Review existing City, local and regional assistance programs and how they could
coordinate with water utility program
• Review eligibility criteria used in other programs
• Review previous City attempts to develop a program
• Review legal requirements or barriers for affordability programs
• Summarize pros and cons of various programs reviewed
• Identify/review public outreach programs used
• Research and identify potential partners including meeting with local agencies such as
Community Action of Mid-Michigan
• Review and identify conservation measures and programs that could be used in concert
with an affordability program
The City of Muskegon intends to collaborate with its neighbor, the City of Muskegon Heights
on a regional collaboration for certain aspects of this project. Specifically, it will work with local
community agencies on setting up the administrative framework for an affordability program.
While each city may have different criteria for eligibility, it is hoped that a common community
agency will be able to assist with administering the program for both communities.
4. Develop Affordability Program. Based on the review of the City’s needs and other affordability
programs, the City intends to develop and recommend a framework to the City Council for
review and adoption. It is anticipated that the program will rely on community agencies to
assist with administering a program as they are already set up to manage similar affordability
applications. The basic program will include:
• Determination of eligibility criteria and limitations of funding
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• Determination of program costs and potential funding sources
• Fiscal sustainability plan for the program
• Determination of the program process including how to apply
• Identification of community partner agencies and collaboration efforts to reduce redundancy
in programs and administration
• Identification of potential State and Federal assistance programs that may be leveraged
with community efforts
• Legal review of proposed program
5. Community Engagement and Outreach. As part of the review and development of an
affordability program, there will be a community engagement and outreach process. The
following is anticipated:
• Seek public input on water system billing, communications, and potential
• Review of major findings of study and recommendations in public meeting
• Provide draft report for public comment period on draft report of findings and
recommendations
• Incorporation of public comments
• Provide second meeting and public comment period
• Presentation to City Council on draft report of findings and recommendations
• Second presentation with City Council
• Provide final report and recommendations
• Development and publication of outreach materials
6. Remain up to date on the status of the proposed state-wide water affordability program. A
state-wide water affordability program has been introduced in the legislature at the time of
writing this work plan. The presence of a state-wide affordability program could significantly
impact local program development, structure, and efficacy.
Deliverables and Schedule
A final deliverable report will be prepared that incorporates the summary reviews of the research and
findings referenced for each work plan task. It is intended that this will provide the background and
support needed for adoption of a program. Public engagement will be an important part of the
process to develop a program and these activities will also be summarized in the final report. The
following table outlines the anticipated schedule. Tasks will be overlapping in time.
Task Schedule Deliverable
Task 1 – Collect and Review April 15 – July 31, 2024 Summary of review
Background Information
Task 2 – Review Current Rate June 1 – September 30, Summary of review
Structure and Projected Needs 2024
Task 3 – Review Other Programs July 1 – November 30, Summary of review
and Potential Partners 2024
Task 4 – Develop Affordability September 30, 2024 – Summary document outlining
Program January 31, 2025 proposed program
Task 5 – Community September 30, 2024 – Documentation of community
Engagement and Outreach May 15, 2025 engagement and outreach, City
Commission reviews, and final report
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Budget
Task 1 – Collect and Review Background Information $ 21,400
Review and summarize current policies $ 2,400
Review population and MAHI statistics/GIS mapping $ 5,700
Review/summarize 10-yr CIP $ 2,700
Quantify lost revenues and costs to system for unpaid and delinquencies $ 2,700
Summarize results and review with city $ 7,900
Task 2 – Review Current Rate Structure and Projected Needs $ 21,600
Review/summarize 10-yr CIP $ 2,700
Review current rate structure and needed revenues $ 2,700
Analysis by city financial advisor $ 11,000
Summarize findings and review with financial advisor $ 5,200
Task 3 – Review Other Programs and Potential Partners $ 22,800
Review income-based programs $ 2,400
Review existing assistance programs - local, regional, $ 2,400
Review eligibility criteria $ 2,400
Review previous work by city $ 1,700
Review legal requirements and other barriers $ 2,400
Summarize pros and cons of various programs $ 2,400
Review/identify public outreach programs $ 1,700
Research and identify potential partners $ 2,400
Review/identify conservation measures $ 1,700
Summarize and review with city $ 3,300
Task 4 – Develop Affordability Program $ 18,700
Determine eligibility criteria $ 2,400
Determine program costs and funding sources $ 2,400
Fiscal sustainability plan $ 2,400
Develop process $ 1,700
Identify and collaborate with community partners $ 2,400
Identify potential assistance programs $ 1,700
Legal review of proposed program $ 2,000
Summarize and review with city $ 3,700
Task 5 – Community Engagement and Outreach $ 38,000
Seek public input $ 2,400
Review major findings of study and recommendations in public meeting $ 3,600
Draft for public comment $ 2,600
Incorporation of public comments $ 4,200
Provide second public meeting and public comment $ 2,700
Presentation to city council $ 2,700
Final report and recommendations and review with city $ 10,100
Development of public education and outreach materials $ 9,700
Total $ 122,500
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The project cost to be covered under grant funds is detailed in the attached cost worksheet at
$122,500. Additionally, the City of Muskegon intends to match these funds with staff time, totaling
approximately 20% of the grant total, as shown below:
Task 1 – Collect and Review Background Information $ 2,800
Task 2 – Review Current Rate Structure and Projected Needs $ 2,520
Task 3 – Review Other Programs and Potential Partners $ 3,000
Task 4 – Develop Affordability Program $ 3,000
Task 5 – Community Engagement and Outreach $ 4,000
Legal Review $ 8,000
Total $ 23,320
Grant Administration and Close Out
As mentioned previously, in Section IV, GRANTEE DELIVERABLES AND REPORTING
REQUIREMENTS, the Grantee must complete and submit financial and progress reports and must
include supporting documentation of eligible project expenses. Reports shall include the Financial Status
Report Form with supporting cost documentation (i.e., vendor invoices), a report including a brief
description of work completed during the reporting period, and any delays occurred or anticipated.
Reports shall be due within 30 days of the end of each quarterly reporting period. If applicant chooses not
to submit reimbursement requests quarterly, the EGLE project manager must be notified that no
submission will be completed for the quarter.
The Grantee must provide a final project report, which shall include a summary of work completed utilizing
grant funds. The Grantee shall submit the final status report, including the Financial Status Report Form
with all supporting documentation for expenses, along with the final project report and any other
outstanding products within 30 days of substantial completion of the project or the end date of the
agreement, whichever occurs first.
Grant information including grantee name, grant award amount, and a project summary may be shared
with the legislature and posted on EGLEs website.
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If you need this information in an alternate format, contact [email protected] or
call 800-662-9278.
EGLE does not discriminate on the basis of race, sex, religion, age, national origin, color,
marital status, disability, political beliefs, height, weight, genetic information, or sexual
orientation in the administration of any of its programs or activities, and prohibits intimidation
and retaliation, as required by applicable laws and regulations. Questions or concerns should
be directed to the Nondiscrimination Compliance Coordinator at EGLE-
[email protected] or 517-249-0906.
This form and its contents are subject to the Freedom of Information Act and may be released
to the public.
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 28, 2024 Title: Water Affordability Study Consultant
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
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.
Detailed Summary & Background:
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 attached 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.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Decrease infrastructure burden on residents
Sustainability in financial practices and infrastructure
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Partnerships with organizations focused on
reducing poverty
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
591 Yes No N/A X
Recommended Motion:
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.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
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Technology
Other Division Heads X
Communication
Legal Review
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April 15, 2024
Mr. Dan VanderHeide, P.E., Public Works Director
City of Muskegon, Department of Public Works
1350 Keating Avenue
Muskegon, MI 49442
RE: Affordability and Planning Grant – 2024 Award
Professional Engineering Services Proposal
Dear Mr. VanderHeide:
Congratulations on receiving the Affordability and Planning Grant from the Michigan Department of
Environment, Great Lakes, and Energy (EGLE) for the City of Muskegon ‘s Drinking Water System.
We appreciate this opportunity to provide a proposal for professional engineering services to
assist you with implementation of the Work Plan that Prein&Newhof prepared, and which was
submitted with the grant application in February of this year. The grant implementation period runs
from April 1, 2024 through June 1, 2025, and is a 100% grant, provided on a cost reimbursement
basis.
Based on the Work Plan in the grant application, we offer the following scope of services:
• Task 1 – Collect and Review Background Information
• Task 2 – Review Current Rate Structure and Projected Needs
• Task 3 – Review Other Programs and Potential Partners
• Task 4 – Develop Affordability Program
• Task 5 – Community Engagement and Outreach
More details on these tasks are provided in the work plan and cost estimate that was submitted with
the grant application. A copy of these documents is enclosed. We propose to provide this scope of
services on a Time/Expense basis for a not to exceed amount of $109,500. The total grant amount is
$122,500 and includes $13,000 for a financial advisor and some community outreach materials. If
this is acceptable, please sign the attached Professional Services Agreement and return a copy to us.
Please let us know if you have any questions, or need additional information, please contact us.
Sincerely,
Prein&Newhof
Barbara E. Marczak, P.E. Jason M. Washler, P.E.
Encl.: AP Grant Work Plan
Professional Services Agreement
www.preinnewhof.com
R:\PRP - Proposal Preparation\City of Muskegon\2024-02 Affordability Grant\prp 2024-04-15 AP Grant Muskegon.docx
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City of Muskegon
Work Plan for Affordability and Planning Grant
Introduction and Project Need
Water affordability has become a growing topic of concern throughout the State of Michigan and the
Unites States. The City of Muskegon water system (City) 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 burdens on low-income residents.
The City of Muskegon is seeking an Affordability and Planning Grant to assist with the development
of an affordability program for its Drinking Water System. Using 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. Affordability can be a controversial topic and the City wants to develop a
program that is sustainable and can be supported by the city Commission and the public.
Water System Background
The City’s system provides water service to approximately 38,000 people in the City. It also
provides water on a wholesale basis to the neighboring communities of Muskegon County Northside
and Eastside Water Systems, West Michigan Regional Water Authority, and the Cities of North
Muskegon and Roosevelt Park. The proposed program would apply to the City of Muskegon only.
The wholesale communities operate their own distribution systems and bill their own customers.
Since preparation of its original Water Asset Management Plan in 2017, the City has continued to
develop short-term Capital Improvement Programs (CIP) that are coordinated with other City
infrastructure such as sanitary sewer, storm sewer and roads. Over half of the distribution system is
more than 80 years old and will require replacement or rehabilitation over the coming decades.
Additional needs for the Water Treatment Plant, water storage tanks, and pumping stations have
also been identified.
In 2019, the City completed a preliminary distribution system materials inventory (DSMI) of all water
services in the City to comply with recent changes to Michigan lead and copper regulations. The
City has approximately 12,900 water services varying in size from 3/4 inch to 8 inch. Over 10,000
are likely to be classified as lead, or galvanized previously connected to lead, services under current
regulations. These will require replacement by 2041 based on current State regulations. These
replacements alone will cost residents over $100,000,000, placing a large burden on system rate
payers. In addition, proposed federal regulations could shorten the replacement period and
exacerbate the financial burden on the rate payers.
1
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Economic Status
Although the City of Muskegon is experiencing a resurgence in economic vitality and redevelopment,
it is classified as an “overburdened” community under Michigan Department of Environment, Great
Lakes, and Energy’s (EGLE’s) State Revolving Fund criteria. Data from EGLE’s website indicates
the following for FY 2025 funding applications:
City of Muskegon
Median Annual Household $40,900
Income (MAHI)
Taxable Property Value Per $17,880
Capita
The City of Muskegon MAHI is less than 100% of the statewide median annual household income
for Michigan, which is $66,986 for FY 2025. The City of Muskegon’s taxable value is in the lowest
20% of the State value, which is $23,778.
Work Plan
The following outlines the tasks to be conducted under the grant.
Task 1 – Collect and Review Background Information
A review of available background information will be made to identify the scope and
magnitude of the problem and potential costs to the system. This will include:
• Review and summarize current City policies for water shut-offs, late fees, penalties,
etc.
• Review customer delinquency rates and shut offs for last 3 to 5 years
• Review City population statistics related to Median Household income and Federal
Poverty Levels
• Provide Geographic Information System (GIS) mapping of data collected to
determine if there are certain areas more affected than others
• Determine lost revenues based on delinquencies and shut offs
• Quantify staff and administrative costs associated with water system shut offs and
reinstatements
• Summarize results and review with City
Task 2 – Review Current Rate Structure and Projected Needs
The City has been evaluating the water system needs and projected costs for improvements
through yearly evaluation of its Asset Management Program. Under the task the City will:
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• Review and summarize the 10-year Water System Capital Improvement Program
(CIP) and revenues needed to support the identified needs
• Review current rate structure and revenues needed to support the CIP and other
expenses
• Analysis by City financial advisor
• Summarize findings and review with city staff
Task 3 – Review Affordability Programs and Identify Potential Partners and
Funding Sources
Over the last several years, affordability has become a more common topic of discussion
with programs being adopted by municipalities in Michigan and throughout the United States.
A review of programs, primarily in Michigan will be made.
• Review income-based rate programs
• Review existing rate assistance programs within Michigan for water and other utilities
such as those operated by:
o Great Lakes Waster Authority
o City of Detroit
o City of Kalamazoo
o Community Action Agency of Michigan
o Consumers Energy
o Others that may be identified.
• Review existing City, local and regional assistance programs and how they could
coordinate with water utility program
• Review eligibility criteria used in other programs
• Review previous City attempts to develop a program
• Review legal requirements or barriers for affordability programs
• Summarize pros and cons of various programs reviewed
• Identify/review public outreach programs used
• Research and identify potential partners including meeting with local agencies such
as Community Action of Mid-Michigan
• Review and identify conservation measures and programs that could be used in
concert with an affordability program
A state-wide water affordability program has been introduced in the legislature at the time of
writing this work plan. The presence of a state-wide affordability program could significantly
impact local program development, structure, and efficacy. The work plan will include a task
to research the status of the proposed state-wide water affordability program.
Task 4 – Develop Affordability Program
Based on the review of the City needs and other affordability programs, the City intends to
develop and recommend a framework to the City Commission for review and adoption. It is
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anticipated that the program will rely on community agencies to assist with the program as they
are already set up to manage similar affordability applications. The basic program will include:
• Determination of eligibility criteria and limitations of funding
• Determination of program costs and potential funding sources
• Fiscal sustainability plan for the program
• Determination of the program process including how to apply
• Identification of community partner agencies and collaboration efforts to reduce
redundancy in programs and administration
• Identification of potential State and Federal assistance programs that may be
leveraged with community efforts
• Legal review of proposed program
Task 5 – Community Engagement and Outreach
As part of the review and development of an affordability program, there will be a community
engagement and outreach process. The following is anticipated:
• Seek public input on water system billing, communications, and potential
• Review of major findings of study and recommendations in public meeting
• Provide draft report for public comment period on draft report of findings and
recommendations
• Incorporation of public comments
• Provide second meeting and public comment period
• Presentation to City Commission on draft report of findings and
recommendations
• Second presentation with City Commission
• Provide final report and recommendations
• Development and publication of outreach materials
Project Schedule/Deliverables
A final deliverable report will be prepared that incorporates the summary reviews of the research and
findings referenced for each work plan task. It is intended that this will provide the background and
support needed for adoption of a program. Public engagement will be an important part of the
process to develop a program and these activities will also be summarized in the final report.
The following table outlines the anticipated schedule. Tasks will be overlapping in time.
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Task Schedule Deliverable
Task 1 – Collect and Review April 15, 2024 – July 31, 2024 Summary of review
Background Information
Task 2 – Review Current Rate June 1, 2024 – September Summary of review
Structure and Projected Needs 30, 2024
Task 3 – Review Other July 1, 2024 – November 30, Summary of review
Programs and Potential 2024
Partners
Task 4 – Develop Affordability September 30 – January 31, Summary document
Program 2025 outlining proposed
program
Task 5 – Community September 30, 2024 – May Documentation of
Engagement and Outreach 15, 2025 community engagement
and outreach, City
Commission reviews, and
final report
Project Partners and Regional Collaboration
The City of Muskegon intends to collaborate with its neighbor, the City of Muskegon Heights on a
regional collaboration for certain aspects of this project if both communities are awarded an
Affordability Grant. Specifically, it will work with local community agencies on setting up the
administrative framework for an affordability program. While each city may have different criteria for
eligibility, it is hoped that a common community agency will be able to assist with administering the
program for both communities.
Community agencies that have been approached and have indicated an interest in assisting with
development of a program are:
• Mid- Michigan Community Action Agency
• United Way of the Lakeshore
• Mission for Area People
• Department of Health and Human Services
These agencies continually work with economically overburdened populations and have resources
and programs that could be used to model affordability programs after.
Project Cost
The project cost to be covered under grant funds is detailed in the attached cost worksheet at
$122,500.
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Additionally, the City of Muskegon intends to match these funds with both staff time and its outside
legal counsel review. It is anticipated that the following staff members will be involved in the project
at various points:
City Manager
Assistant City Manager
Director of Public Works
Water Department Supervisor
Billing Staff
The following is an estimate of time and
Task Estimated Staff Averaged Hourly Rate Total
Hours x 1.4
Task 1 – Collect and 40 $70 $2,800
Review Background
Information
Task 2 – Review Current 30 $84 $2,520
Rate Structure and
Projected Needs
Task 3 – Review Other 30 $100 $3,000
Programs and Potential
Partners
Task 4 – Develop 30 $100 $3,000
Affordability Program
Task 5 – Community 40 $100 $4,000
Engagement and
Outreach
Legal Review $8,000
Total $23,320
This represents approximately 20% of the estimated cost of the grant.
Return on Investment
Given the current City of Muskegon service size of approximately 38,000 people and the proposed
project investment of $122,500, the investment per capita is approximately $3.25 per person in the
system. Given the City of Muskegon is considered overburdened, based on median household
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income and taxable property values, this small investment per capita can provide a large benefit to a
substantial number of disadvantaged households and increase the long-term sustainability of the
City’s water system.
Attachments:
Project Cost Worksheet
Letter of collaboration from city of Muskegon Heights
Letter of support from United Way
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CITY OF MUSKEGON
Cost Worksheet - Affordability and Planning Grant
Estimated Hours
Sen. Proj. Asst. Proj Misc.
Manager Manager GIS staff graphics clerical Consultant** Est. Miles Expenses*
Task 1 - Collect and Review Background Information
Total Cost
Review and summarize current policies 4 10 $ 2,400
Review population and MAHI statistics/GIS mapping 2 6 25 5 $ 5,700
Review/summarize 10-yr CIP 6 10 $ 2,700
Quntify lost revenues and costs to system for unpaid and
deliquencies 6 10 $ 2,700
Summarize results and review with city 10 20 10 5 5 30 $100.00 $ 7,900
Task Total 28 56 35 10 5 0 30 $100.00 $ 21,400
Task 2 -Review Current Rate Structure and Projected
Needs Total Cost
Review/summarize 10-yr CIP 6 10 $ 2,700
Review current rate structure and needed revenues 6 10 $ 2,700
Analysis by city financial advisor 8 4 $8,000 $ 11,000
Summarize findings and review with city 8 15 5 5 30 $100.00 $ 5,200
Task Total 28 39 0 5 5 $8,000 30 100 $ 21,600
Task 3 - Review Other Programs and Potential
Partners Total Cost
Review income-based programs 4 10 $ 2,400
Review existing assistance programs - local, regional, 4 10 30 $ 2,400
Review eligibility critera 4 10 $ 2,400
Review previous work by city 2 8 $ 1,700
Review legal requirements and other barriers 4 10 $ 2,400
Summarize pros and cons of various programs 4 10 $ 2,400
Review/identify public outreach programs 2 8 $ 1,700
Research and identify potential partners 4 10 $ 2,400
Review/identify conservation measures 2 8 $ 1,700
Summarize and review with city 4 8 5 5 30 $100 $ 3,300
Task Total 34 92 0 5 5 0 60 $100 $ 22,800
Task 4 - Develop Affordability Program Total Cost
Determine eligibility criteria 4 10 $ 2,400
Determine program costs and funding sources 4 10 $ 2,400
Fiscal sustainability plan 4 10 $ 2,400
Develop process 2 8 $ 1,700
Identify and collaborate with commmunity partners 4 10 $ 2,400
Identify potential assistance programs 2 8 $ 1,700
Legal review of proposed program 4 8 $ 2,000
Summarize and review with city 6 12 5 30 $100 $ 3,700
Task Total 30 76 0 0 5 0 30 100 $ 18,700
Task 5- Community Engagement and Outreach
Total Cost
Seek public input 4 10 $ 2,400
Review major findings of study and recommendations in
public meeting 10 10 30 $100.00 $ 3,600
Draft for public comment 5 10 $ 2,600
Incorporation of public comments 5 20 $ 4,200
Provide second public meeting and public comment 5 10 30 $100 $ 2,700
Presentation to city commisssion 5 10 30 $100.00 $ 2,700
Final report and recommendations and review with city 20 30 10 30 $500.00 $ 10,100
Development of public education and outreach materials 5 10 10 $5,000 $300.00 $ 9,700
Task Total 59 110 0 10 10 $5,000.00 120 $ 1,100.00 $ 38,000
TOTAL Tasks 1 through 5 149 297 35 30 25 $13,000 240 $1,400 $122,500
* Misc. expenses such as printing, etc.
** Financial advisor and develop outreach materials
Page 159 of 207
Project No.
Professional Services Agreement
This Professional Services Agreement is made this 15th day of April, 2024 (“Agreement”) by and
between Prein & Newhof, Inc. (“P&N”), of 4910 Stariha Drive, Muskegon, MI 49441, and City of
Muskegon (“Client”), of 933 Terrace St. Muskegon, MI 49440.
WHEREAS Client intends to:
Develop a water system affordability program per Work Plan submitted with Affordability and
Planning Grant
NOW THEREFORE, for and in consideration of the terms and conditions contained herein, the
parties agree as follows:
ARTICLE 1 – DESIGNATED REPRESENTATIVES
Client and P&N each designate the following individuals as their representatives with respect to
the Project.
For P&N For Client
Name: Barbara Marczak, P.E. Name: Dan VanderHeide, PE
Title: Team Leader Title: Director, Department of Public Works
Phone Number: 231-798-0101 Phone Number: 231-724-6993
Facsimile: 616-364-6955 Facsimile:
E-mail: [email protected] E-mail: [email protected]
ARTICLE 2 – GENERAL CONDITIONS
This Agreement consists of this Professional Services Agreement and the following documents
which by this reference are incorporated into and made a part of this Agreement.
☒ P&N Standard Terms and Conditions for Professional Services
☒ P&N Proposal dated 4/15/2024
☒ P&N Standard Rate Schedule
☐ P&N Supplemental Terms and Conditions
☐ Other:
3355 Evergreen Drive, NE Grand Rapids, MI 49525 t.616-364-8491 f. 616-364-6955 www.preinnewhof.com
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ARTICLE 3 – ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT:
Client hereby requests, and P&N hereby agrees to provide, the following services:
☒ P&N Scope of Services per Proposal dated, 4/15/2024
☐ Scope of Services defined as follows:
ARTICLE 4 – COMPENSATION:
☐ Lump Sum for Services Described in Article 3 above - $
Additional services to be billed per P&N’s Standard Rate Schedule in effect on the date the
additional services are performed.
☒ Hourly Billing Rates plus Reimbursable Expenses per P&N’s Standard Rate Schedule in effect
on the date services are performed.
☒ Other: Maximum not to exceed $109,500
ARTICLE 5 – ADDITIONAL TERMS (If any)
None
This Agreement constitutes the entire Agreement between P&N and Client and supersedes all
prior written or oral understandings. This Agreement may not be altered, modified, or amended,
except in writing properly executed by authorized representatives of P&N and Client.
Accepted for: Accepted for:
Prein&Newhof, Inc. City of Muskegon
Digitally signed by Jason Washler
DN: C=US,
[email protected],
Jason Washler OU=Prein&Newhof, CN=Jason
By: Washler
Date: 2024.04.16 08:18:05-04'00' By:
Printed Name: Jason Washler, P.E. Printed Name:
Title: Vice President Title:
Date: Date:
3355 Evergreen Drive, NE Grand Rapids, MI 49525 t.616-364-8491 f. 616-364-6955 www.preinnewhof.com
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Standard Terms & Conditions
A. General - As used in this Prein&Newhof Standard Terms and Conditions for Professional Services (hereinafter “Terms and
Conditions”), unless the context otherwise indicates: the term “Agreement” means the Professional Services Agreement
inclusive of all documents incorporated by reference including but not limited to this P&N Standard Terms and Conditions
for Professional Services; the term “Engineer” refers to Prein & Newhof, Inc.; and the term “Client” refers to the other party
to the Professional Services Agreement.
These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of
the State of Michigan.
B. Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under
the Agreement will be the care and skill ordinarily used by members of Engineer’s profession of ordinary learning, judgment
or skill practicing under the same or similar circumstances in the same or similar community, at the time the services are
provided.
C. Disclaimer of Warranties - Engineer makes no warranties, expressed or implied, under the Agreement or otherwise.
D. Construction/Field Observation - If Client elects to have Engineer provide construction/field observation, client
understands that construction/field observation is conducted to reduce, not eliminate the risk of problems arising during
construction, and that provision of the service does not create a warranty or guarantee of any type. In all cases, the
contractors, subcontractors, and/or any other persons performing any of the construction work, shall retain responsibility for
the quality and completeness of the construction work and for adhering to the plans, specifications and other contract
documents.
E. Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for
construction means, methods, techniques, sequences, or procedures, or for any safety precautions and programs in
connection with the construction work, for the acts or omissions of the Contractor, Subcontractors, or any other persons
performing any of the construction work, or for the failure of any of them to carry out the construction work in accordance
with the plans, specifications or other contract documents.
F. Opinions of Probable Costs - Client acknowledges that Engineer has no control over market or contracting conditions and
that Engineer’s opinions of costs are based on experience, judgment, and information available at a specific period of time.
Client agrees that Engineer makes no guarantees or warranties, express or implied, that costs will not vary from such
opinions.
G. Client Responsibilities
1. Client shall provide all criteria, Client Standards, and full information as to the requirements necessary for Engineer to
provide the professional services. Client shall designate in writing a person with authority to act on Client’s behalf on all
matters related to the Engineer’s services. Client shall assume all responsibility for interpretation of contract documents
and construction observation/field observation during times when Engineer has not been contracted to provide such
services and shall waive any and all claims against Engineer that may be connected thereto.
2. In the event the project site is not owned by the Client, the Client must obtain all necessary permission for Engineer to
enter and conduct investigations on the project site. It is assumed that the Client possesses all necessary permits and
licenses required for conducting the scope of services. Access negotiations may be performed at additional costs.
Engineer will take reasonable precaution to minimize damage to land and structures with field equipment. Client
assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to
Engineer’s performance of services.
3. The Client, on behalf of all owners of the subject project site, hereby grants permission to the Engineer to utilize a small
unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition. The Client is responsible to provide
required notifications to the property owners of the subject project site and affected properties where the sUAS services
will be performed. The Engineer will operate the sUAS in accordance with applicable State and Federal Laws.
H. Hazardous or Contaminated Materials/Conditions
1. Client will advise Engineer, in writing and prior to the commencement of its services, of all known or suspected
Hazardous or Contaminated Materials/Conditions present at the site.
2. Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated
Materials/Conditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate
its services. Engineer and Client also agree that the discovery of said Materials/Conditions may make it necessary for
Engineer to take immediate measures to protect health, safety, and welfare of those performing Engineer’s services.
Client agrees to compensate Engineer for any costs incident to the discovery of said Materials/Conditions.
3. Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site. Similarly, a site
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which is in fact unaffected by contaminants at the time of Engineer’s surface or subsurface exploration may later, due to
natural phenomena or human intervention, become contaminated. The Client waives any claim against Engineer, and
agrees to defend, indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that
Engineer does not detect the presence of contaminants through techniques commonly employed.
4. The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the
laws pertaining to environmental issues, Engineer cannot offer legal advice to the Client. Engineer urges that the Client
seek legal assistance from a qualified attorney when such assistance is required. Furthermore, the Client is cautioned to
not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal
representation of environmental law or practice.
5. Unless otherwise agreed to in writing, the scope of services does not include the analysis, characterization or disposal of
wastes generated during investigation procedures. Should such wastes be generated during this investigation, the Client
will contract directly with a qualified waste hauler and disposal facility.
I. Underground Utilities – To the extent that the Engineer, in performing its services, may impact underground utilities,
Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the
services for which Engineer has been contracted, including contacting the appropriate underground utility locating entities
and reviewing utility drawings provided by others. Engineer will take reasonable precautions to avoid damage or injury to
underground utilities and other underground structures. Client agrees to hold Engineer harmless for any damages to below
ground utilities and structures not brought to Engineers attention and/or accurately shown or described on documents
provided to Engineer.
J. Insurance
1. Engineer will maintain insurance for professional liability, general liability, worker’s compensation, auto liability, and
property damage in the amounts deemed appropriate by Engineer. Client will maintain insurance for general liability,
worker’s compensation, auto liability, and property damage in the amounts deemed appropriate by Client. Upon request,
Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages.
2. Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as
specified in project contract documents. Client shall cause Engineer, Engineer’s consultants, employees, and agents to be
listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer
provides services. Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect
that, in the event of payment of any loss or damages, subrogation rights under these Terms and Conditions are hereby
waived by the insurer with respect to claims against Engineer.
K. Limitation of Liability - The total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners,
employees, agents, and consultants, whether jointly, severally or individually, to Client and anyone claiming by, through, or
under Client, for any and all injuries, losses, damages and expenses, whatsoever, arising out of, resulting from, or in any
way related to the Project or the Agreement, including but not limited to the performance of services under the Agreement,
from any cause or causes whatsoever, including but not limited to the negligence, professional errors or omissions, strict
liability or breach of contract or warranty, expressed or implied, of Engineer or Engineer’s officers, directors, partners,
employees, agents, consultants, or any of them, shall not exceed the amount of the compensation paid to Engineer under this
Agreement, or the sum of fifty thousand dollars and no cents ($50,000.00), whichever is less. Recoverable damages shall be
limited to those that are direct damages. Engineer shall not be responsible for or held liable for special, indirect or
consequential losses or damages, including but not limited to loss of use of equipment or facility, and loss of profits or
revenue.
Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or
omission of any director, officer, or employee of Engineer, in the execution or performance of the Agreement, shall be made
against Engineer and not against such director, officer, or employee.
L. Documents and Data
1. All documents prepared or furnished by Engineer under the Agreement are Engineer’s instruments of service, and are
and shall remain the property of Engineer.
2. Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format. Client
recognizes that data provided in electronic format can be corrupted or modified by the Client or others, unintentionally or
otherwise. Consequently, the use of any data, conclusions or information obtained or derived from electronic media
provided by Engineer will be at the Client’s sole risk and without any liability, risk or legal exposure to Engineer, its
employees, officers or consultants.
3. Any extrapolations, conclusions or assumptions derived by the Client or others from the data provided to the Client,
either in hard copy or electronic format, will be at the Client’s sole risk and full legal responsibility.
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M. Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test
locations used by Engineer as the basis of its design. Consequently, Engineer does not guarantee or warrant that actual site
conditions will not vary from those used as the basis of Engineer’s design, interpretations and recommendations. Engineer is
not responsible for any costs or delays attributable to differing site conditions. .
N. Terms of Payment - Unless alternate terms are included in the Agreement, Client will be invoiced on a monthly basis until
the completion of the Project. All monthly invoices are payable within 30 days of the date of the invoice. Should full
payment of any invoice not be received within 30 days, the amount due shall bear a service charge of 1.5 percent per month
or 18 percent per year plus the cost of collection, including reasonable attorney’s fees. If Client has any objections to any
invoice submitted by Engineer, Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice.
Unless otherwise agreed, Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of
service performance. Outside costs such as, but not limited to, equipment, meals, lodging, fees, and subconsultants shall be
actual costs plus 10 percent. In addition to any other remedies Engineer may have, Engineer shall have the absolute right to
cease performing any services in the event payment has not been made on a current basis.
O. Termination - Either party may terminate services, either in part or in whole, by providing 10 calendar days written notice
thereof to the other party. In such an event, Client shall pay Engineer for all services performed prior to receipt of such
notice of termination, including reimbursable expenses, and for any shut–down costs incurred. Shut–down costs may, at
Engineer’s discretion, include expenses incurred for completion of analysis and records necessary to document Engineer’s
files and to protect its professional reputation.
P. Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under
any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
Client and P&N, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a
valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non-
enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the
enforceability of that provision or of the remainder of the Agreement.
Q. Dispute Resolution - If a dispute arises between the parties relating to the Agreement, the parties agree to use the following
procedure prior to either party pursuing other available remedies:
1. Prior to commencing a lawsuit, the parties must attempt mediation to resolve any dispute. The parties will jointly appoint
a mutually acceptable person not affiliated with either of the parties to act as mediator. If the parties are unable to agree
on the mediator within twenty (20) calendar days, they shall seek assistance in such regard from the Circuit Court of the
State and County wherein the Project is located, who shall appoint a mediator. Each party shall be responsible for paying
all costs and expenses incurred by it, but shall split equally the fees and expenses of the mediator. The mediation shall
proceed in accordance with the procedures established by the mediator.
2. The parties shall pursue mediation in good faith and in a timely manner. In the event the mediation does not result in
resolution of the dispute within thirty (30) calendar days, then, upon seven (7) calendar days’ written notice to the other
party, either party may pursue any other available remedy.
3. In the event of any litigation arising from the Agreement, including without limitation any action to enforce or interpret
any terms or conditions or performance of services under the Agreement, Engineer and Client agree that such action will
be brought in the District or Circuit Court for the County of Kent, State of Michigan (or, if the federal courts have
exclusive jurisdiction over the subject matter of the dispute, in the U.S. District Court for the Western District of
Michigan), and the parties hereby submit to the exclusive jurisdiction of said court.
R. Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called
for under the Agreement resulting from any cause beyond Engineer’s reasonable control.
S. Assignment - Neither party shall assign its rights, interests or obligations under this Agreement without the express written
consent of the other party.
T. Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is
sought to be enforced.
U. Survival - All express representations, indemnifications, or limitations of liability included in the Agreement shall survive
its completion or termination for any reason.
V. Third-Party Beneficiary - Client and Engineer agree that it is not intended that any provision of this Agreement establishes
a third-party beneficiary giving or allowing any claim or right of action whatsoever by a third party.
W. Fee Escalation - Engineer’s fees are based on its billing rates, which are adjusted annually. For multi-year projects,
Engineer’s fees incorporate an estimate of future billing rates. If inflation causes actual billing rates to exceed these
estimates, Engineer reserves the right to adjust its fees accordingly.
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 28, 2024 Title: Downtown Social District Expansion
Submitted by: Deborah Sweet, Community Department: Community Engagement
Engagement Manager
Brief Summary:
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.
Detailed Summary & Background:
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.
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.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
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Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Amount Requested: Budgeted Item:
$0 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 amended Downtown Muskegon Social District plan and map as attached.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads
Communication x
Legal Review
Page 166 of 207
May 16th, 2024
City of Muskegon
Attn: City Manager & City Commissioners
933 Terrace St,
Muskegon, MI 49440
By email to: [email protected]
cc: [email protected]
Re: Requested Expansion of Downtown Social District
By Pigeon Hill Brewing Company, LLC;
Waterworks GR, LLC; and Shoreline Inn, LLC
Mr. Seyferth and esteemed City Commissioners,
On behalf of our respective organizations – Pigeon Hill Brewing Company, LLC; Waterworks GR,
LLC; and Shoreline Inn, LLC – we are writing to formally request the expansion of Muskegon’s
Downtown Social District to encompass our liquor-licensed establishments. Each of our three
hospitality-centric establishments serves the community through the provision of food and beverage
to citizens and tourists alike. By including our establishments within the Social District, we believe
that we can further serve the community by enhancing the options available to consumers,
encouraging foot traffic between downtown’s primary corridors, and further activating the waterfront
portion of downtown Muskegon.
The specific locations that we are requesting be added to the Social District are:
• Pigeon Hill Brewing Company, LLC (895 4th Street, Muskegon, MI 49440)
• Shoreline Inn, LLC (750 Terrace Point Rd, Muskegon, MI 49440)
• Waterworks GR, LLC d/b/a Lake House Waterfront Grille (730 Terrace Point Rd, Muskegon,
MI 49440)
If you have any questions, please do not hesitate to contact both or either of us by phone or email.
Best Regards,
____________________________ ____________________________
Michael A. Brower Rory M. Charron
Member & Chief Brand Officer Chief Operating Officer
Pigeon Hill Brewing Company, LLC Parkland Properties of Michigan
On behalf of
Shoreline Inn, LLC & Waterworks GR, LLC
Page 167 of 207
MKG Social District Expansion Request
Final Audit Report 2024-05-16
Created: 2024-05-16
By: Michael Brower ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAE9FT8XaNznsyhO_vyz22vnd2LTLDTYFe
"MKG Social District Expansion Request" History
Document created by Michael Brower ([email protected])
2024-05-16 - 4:24:59 PM GMT- IP address: 68.43.146.23
Document emailed to Rory Charron ([email protected]) for signature
2024-05-16 - 4:25:02 PM GMT
Email viewed by Rory Charron ([email protected])
2024-05-16 - 5:07:13 PM GMT- IP address: 104.28.110.102
Document e-signed by Rory Charron ([email protected])
Signature Date: 2024-05-16 - 6:06:11 PM GMT - Time Source: server- IP address: 172.58.124.166
Agreement completed.
2024-05-16 - 6:06:11 PM GMT
Page 168 of 207
Downtown Muskegon Social District
Existing Proposed
1 The Eagles 24 AquaStar
2 No Name Saloon 25 The Brewer’s Lounge
3 Mike’s Inn
26 Shoreline Inn
4 Socibowl
27 Lakehouse Waterfront Grille
5 (NO LICENSE)
6 Top Shelf
7 Arena/Rad Dads/Carlisle’s
8 Dr. Rolf’s BBQ
9 Legends 27
10 Frauenthal Center
11 Walker’s The Foundation 26
12 The CIM’s Courses
13 Unruly Brewing
21
14 The Block
15 (VACANT)
16 Farmers Market
17 Nipote’s
Existing Commons Area
17 18 19
Proposed Commons Area 16
18 794 Kitchen & Bar
19 Capone’s Speakeasy
20 Rake Beer Project
21 Hot Rod Harley-Davidson Existing Properties 24
14 15 23
22 Early Owl
25 13 5
23 (VACANT) Proposed Properties
11
9 10 12
4
7 22
20 6 8
3
2
1
Page 169 of 207
Muskegon Social District Plan
Adopted Aug. 25, 2020
Amended April 27, 2021
Amended April 26, 2022
Recommended Amendment May, 28, 2024
Introduction:
The City of Muskegon seeks to take advantage of Michigan Public Act 124 of 2020 signed in to
law on July 1, 2020, as amended by Public Act 27 of 2022. This is enabling legislation that allows
Michigan municipalities to establish Social Districts that would allow for “common areas” where
two or more contiguous licensed establishments (bars, distilleries, breweries, restaurants and
tasting rooms) could sell alcoholic beverages in special cups to be taken into the area for
consumption. Muskegon city administration through a collaboration of all City Hall departments
is designing a Muskegon Social District and the policies, parameters and management of this
new community development tool.
The Muskegon City Commission approved the plan Aug. 25, 2020, and it has been accepted by
the MLCC. The district began operations the third weekend in September 2020 and has been
operating continually since. The plan was amended by the City Commission April 27, 2021, and
again April 26, 2022. Each of the amendments was accepted by the MLCC. The below updates
reflect the recommended amendment by the City Commission on May 28, 2024 to expand the
district North of Shoreline Drive.
Management:
The Muskegon Social District would be amended and managed by the city through its
community engagement team. The district management and operations would be assisted by
the city’s public safety, public works, clerk, economic development and finance departments.
District boundaries:
The Muskegon Social District originally had a common area south of Shoreline Drive with the
potential of expanding to the north in the future. The City of Muskegon would now like to
expand the district north of Shoreline Drive, two blocks further south on Pine Street and into
the Midtown Business District Third Street Webster to Merrill.
Page 170 of 207
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. Specifically, the plan amended by the Muskegon City Commission April 26, 2022 adds
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.
Approved by the Muskegon City Commission April ??, 2024, the north-of-Shoreline-Drive
expansion is from the Harbor 31 new development on the east to the new Adelaide Point
development on the west. Initially, the Common Area will cross Shoreline Drive at Third Street
and Seventh Street but as a liquor license(s) is established at Harbor 31 a third Common Area
crossing would be added at Terrace Street.
Streets in the Social Districts would remain open to traffic and for parking, unless parking
spaces are given to outdoor dining. The district is being proposed with the expectation of
certain properties being developed that would include future businesses with liquor licenses
that might expand the common area.
Potential participating license holders as of April 2024:
Muskegon Social District -- The Eagles, No Name Saloon, Mike’s Inn, SociBowl by Pigeon Hill,
Top Shelf, Trinity Health Arena/Rad-Dads/Carlislie’s, Dr. Rolf’s BBQ, Legends, Frauenthal Center,
Walker’s The Foundation, the CIM’s Courses, UnrulyBrewing, The Block, Nipotes, 794 Kitchen,
Capone’s Speakeasy, Rake Beer Project, Hot Rod Harley Davidson, and Early Owl. In addition,
Brewer’s Lounge by Pigeon Hill, Lakehouse Waterfront Grille, Shoreline Inn and AquaStar in the
expanded areas north of Shoreline Drive (see attached map)
Participating license holders would be asked to sign a Social District agreement with the city,
which must recommend approve of the social district permits issued by the MLCC. This allows a
license holder to sell alcoholic beverages in special district cups in its service area to be taken
into the common area for consumption.
Operations:
The Muskegon Social Districts operate year-round. Operations are seven days a week. The
common areas are open from 11 AM until 11 PM. Before 11 AM and after 11 PM, Social District
beverages cannot be possessed nor consumed in the common areas. After hours, consumption
of alcoholic beverages must be contained within the license holders’ service areas.
It was the intent of city administration to begin implementing the Muskegon Social Districts in
2020. After an initial roll out, the district was fully activated in the spring of 2021 with the entire
Muskegon Social District plan implemented. The same will be true for the north-of-Shoreline-
Drive with Social District eligible state liquor licenses the boundaries of the Common Area will
expand within the district.
Page 171 of 207
District designation and marking:
The boundaries of the Muskegon Social Districts are clearly designated and marked with signs
along streets and sidewalks. The signs are often accompanied by a trash receptacle for
customers to dispose of used district cups as they exit the district.
Social District financing:
The Muskegon Social District established, implemented and managed by the City of Muskegon,
must generate enough revenue to cover its costs. The established mechanism is a fee for a
district sticker purchased by the establishments from the city or representative. Stickers are
needed on beverages purchased for possession and consumption in the common areas.
Participating establishments can handle the surcharge however they choose within their
product price structure. Revenues pay for ongoing costs such as the stickers, signage,
marketing-promotion and entertainment.
Social District logo and beverage containers:
The Muskegon Social Districts should have a name for branding and marketing purposes but
must have a special logo for use on the non-glass district beverage cups of no more than 16
ounces. The establishment cups need to be branded to differentiate among license holders with
a logo or name identifying the establishment. Muskegon Social District cups may not be reused,
must remain in the establishment where they were purchased or in the common area and may
not be taken into an establishment that did not sell the beverage.
Muskegon Social District will explore the use of cups that can be recycled or composted.
Security-enforcement:
Security and enforcement in the Muskegon Social Districts would be provided by the Muskegon
Police Department. The Muskegon Social District may hire certified private security personnel
to assist within the district.
Insurance:
The city insures the management and operation of the Muskegon Social District through its
municipal umbrella insurance policy. Participating license holders are left to secure their own
liability insurance as they deem necessary.
Sanitation:
Through funding from the Muskegon Downtown Development Authority, the Muskegon Public
Works Department with heavy assistance from participating establishments will provide
sanitation within the district including trash removal, and litter pick up.
Page 172 of 207
Marketing and promotion:
The Muskegon Social District is the branded name for marketing purposes and a distinctive
logo. Marketing is be done through traditional free media and paid advertising along with
extensive social media. The district needs its own Facebook page, other social media accounts
and website.
Entertainment/food trucks:
The Muskegon Social District has the opportunity to provide entertainment on a regular basis
and food trucks when warranted. The district includes three small stages to provide various
musical acts, including Olthoff Stage, Alcoa Square, and the Farmers Market. The district could
also coordinate and promote individual establishments wanting to feature musical
entertainment. Finally, food trucks could be introduced to drive visitors into the district and
create a street-fair atmosphere when deemed necessary.
Festivals/special events:
The state’s Social District law now allows special event liquor licenses to operate in a Social
District. Such special licenses are the backbone of several large festival events historically within
Muskegon’s Social District. Going forward, the Muskegon Social District, its participating license
holders, and event organizers will work with the City of Muskegon to make sure that events
with alcoholic beverage will not allow its beverages to enter the Social District nor Social District
beverages to enter the special event area. Ongoing coordination and collaboration with
downtown events and festivals will be needed.
Page 173 of 207
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 28, 2024 Title: Amendment to Fee Structure for Social
District Strickers
Submitted by: Deborah Sweet, Community Department: Community Engagement
Engagement Manager
Brief Summary:
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.
Detailed Summary & Background:
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.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Amount Requested: Budgeted Item:
$0 Yes x No N/Ax
Fund(s) or Account(s): Budget Amendment Needed:
Yes No x N/A
Recommended Motion:
To approve the update of the social district fee schedule.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Page 174 of 207
Other Division Heads
Communication x
Legal Review
Page 175 of 207
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 28, 2024 Title: Toro Mower Purchase
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
The Parks Department requests authorization to purchase a Toro 4000D from Spartan Distributors for
$73,582.01.
Detailed Summary & Background:
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" 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.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Blight cleanup
Enhanced Parks and Recreation Department and Services
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Parks and Recreation Department and
Services
Amount Requested: Budgeted Item:
73,582.01 Yes No x N/A
Fund(s) or Account(s): Budget Amendment Needed:
101-770 Yes x No N/A
Recommended Motion:
I authorize the parks department to purchase a Toro 4000D from Spartan Distributors for $73,582.01.
Approvals: Guest(s) Invited / Presenting:
Page 176 of 207
Immediate Division x No
Head
Information
Technology
Other Division Heads x
Communication
Legal Review
Page 177 of 207
Page 178 of 207
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 28, 2024 Title: Playground purchase for Joe Clifford Park
(ARPA Funding)
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
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.
Detailed Summary & Background:
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
Park Vision: $146,512.50
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Enhanced Parks and Recreation Department and Services
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Parks and Recreation Department and
Services
Amount Requested: Budgeted Item:
$150,000 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
482 - State Grants (ARPA Funds) Yes No x N/A
Page 179 of 207
Recommended Motion:
To authorize staff to contract with Sinclair Recreation for a new playground and installation at Joe
Clifford Park.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 180 of 207
Page 181 of 207
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Page 187 of 207
GameTime c/o Sinclair Recreation 05/09/2024
176 E Lakewood Blvd Quote #
Holland, MI 49424 106098-01-01
Ph: 800-444-4954
Fax: 616-392-8634
Request for Proposals - Joe Clifford Park
City of Muskegon Ship to Zip 49444
Attn: Kyle Karczewski
Joe Clifford Park, Valley Street
Muskegon, MI 49444
[email protected]
Quantity Part # Description Unit Price Amount
1 RDU GameTime - 5-12 Obstacle Course $58,448.00 $58,448.00
(1) 5186 -- Olympus Climber
(1) 5209 -- Catalina Climber Base
(1) 5214 -- Surge Climber 1' Pedestal
(1) 5215 -- Surge Climber 2' Pedestal
(1) 5270 -- Central Hub Link 3' Pedestal
(6) 6232 -- Pod (1'-0")
(1) 6233 -- Pod (2'-0")
(1) 8666 -- 90 Deg Caterpillar F/S
(1) 13801 -- Floating Boards
(1) 13808 -- Up Over and Around
(1) 13809 -- Get A Grip
(1) 13814 -- Leaning Ladders
(1) 80473 -- Spider Web, Freestanding
(3) 90266 -- 8' Upright, Alum
(2) 90268 -- 10' Upright, Alum
(5) 90269 -- 11' Upright, Alum
1 RDU GameTime - 2-5 Hybrid Unit $32,551.00 $32,551.00
(2) 12023 -- 3 1/2" Uprt Ass'Y Alum 8'
(3) 12024 -- 3 1/2" Uprt Ass'Y Alum 9'
(3) 12068 -- 3 1/2"Uprt Ass'Y Alum 13'
(4) 18201 -- 36" Tri Punched Deck P/T
(1) 19059 -- Wavy Tree (2'-6" & 3')
(1) 19348 -- Metal Half Panel W/ Steering Wheel
(1) 19439 -- 3 in a Row Panel
(1) 19756 -- Umbra Triangle Roof
(3) 19762 -- Umbra Roof Plug
(1) 19791 -- Dbl Rumble & Roll 2'-6"/3'
(1) 19912 -- Modern Transfer w/Barrier 2' Rise
(6) 26094 -- Triangular Shroud
(1) 36014 -- Arched Chain Net Link
Page 1 of 4
Page 188 of 207
GameTime c/o Sinclair Recreation 05/09/2024
176 E Lakewood Blvd Quote #
Holland, MI 49424 106098-01-01
Ph: 800-444-4954
Fax: 616-392-8634
Request for Proposals - Joe Clifford Park
Quantity Part # Description Unit Price Amount
(1) 36015 -- Pod Rocker
(1) 36024 -- 90 Deg 3 Way X-Pod Step
(1) 36031 -- Single Link Cross Beam Primetime 36
(1) 36076 -- Stratus Climber
(1) 36003 -- Ladder Climbing Wall
1 5962SP GameTime - VistaTree Top 5 $19,981.00 $19,981.00
1 RDU GameTime - Swings with Seats $7,817.00 $7,817.00
(2) 5128 -- Expression Swing 3 1/2" X 8'
(1) 12583 -- Ada Primetime Swing Frame, 3 1/2" Od
(1) 12584 -- Ada Primetime Swing Aab, 3 1/2" Od
(2) SS8910 -- Belt Seat 3 1/2" /8' W/Clevis
5250 EWF GT-Impax - 12" Compacted depth engineered wood fiber surfacing, blown in $2.50 $13,125.00
5000 EXCAVATION Installation - Excavation of area with removal of spoils to a depth of 12" for new EWF $2.80 $14,000.00
surfacing
1 INSTALL Installation - Installation of GameTime equipment into excavated area- $28,500.00 $28,500.00
Price does not include removal or disposal of existing equipment, removal of concrete
flatwork or sidewalks (to be done by owner).
Sub Total $174,422.00
Discount ($33,098.21)
Freight $8,676.21
Total $150,000.00
This quotation is subject to policies in the current GameTime Playground Catalog and the following terms and conditions. Our
quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price
adjustment. Purchases to be supported by your written purchase order made out to GAMETIME C/O SINCLAIR
RECREATION. A 2.5% PROCESSING FEE WILL BE ADDED TO ALL ORDERS PAID VIA CREDIT CARD.
Pricing: f.o.b. factory, firm for 30 days from date of quotation unless otherwise noted on quotation. Sales tax will be added at
time of invoicing unless a tax exemption certificate is provided at time of order entry.
Payment terms: Net 30 days for tax supported governmental agencies. A 1.5% per month finance charge will be imposed on
all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those
services and project completion. Retainage not accepted.
Shipment: Order shall ship within 10-12 weeks after GameTime's receipt and acceptance of your purchase order, color
selections, approved submittals, and receipt of deposit, if required.
Shipment: Vistarope Net shall ship within 18-36 weeks after GameTime's receipt and acceptance of your purchase order, color
selections, approved submittals, and receipt of deposit, if required. Port Congestion and transit time affect overall lead time
and are impossible to predict.
Page 2 of 4
Page 189 of 207
GameTime c/o Sinclair Recreation 05/09/2024
176 E Lakewood Blvd Quote #
Holland, MI 49424 106098-01-01
Ph: 800-444-4954
Fax: 616-392-8634
Request for Proposals - Joe Clifford Park
Installation: Shall be by a Certified GameTime Installer. Customer shall be responsible for scheduling coordination and site
preparation. Site should be level and permit installation equipment access. Purchaser shall be responsible for unknown
conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional
labor or material costs. Payment terms for installation is Net 10 Days.
NOTE: PRICING DOES NOT INCLUDE ANY DAVIS BACON OR PREVAILING WAGE RATES UNLESS SPECIFICALLY
IDENTIFIED ABOVE IN QUOTE. THERE WILL BE A BACKCHARGE FOR THE INSTALLATION TO BE DONE THROUGH
FELT, PEASTONE, SURFACING, OR WOODCHIPS, UNLESS SPECIFICALLY LISTED IN ABOVE QUOTE.
Submittals: Our design proposal reflects the spirit and intent of the project plans and specifications. While some variations may
exist between our quotation and the project design, the differences do not materially affect the intended use. GameTime
designs and specifications are unique and not intended to be identical in all respects to other manufacturers. We shall submit
for review and approval by the owner's representative detailed drawings depicting the equipment to be furnished accompanied
by specifications describing materials. Once approved, these drawings and specifications shall constitute the final documents
for the project and shall take precedence over all other requirements.
Exclusions: Unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment;
acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety
surfacing; borders, drainage provisions, or any local/municipal permits or paperwork that may be required.
Page 3 of 4
Page 190 of 207
GameTime c/o Sinclair Recreation 05/09/2024
176 E Lakewood Blvd Quote #
Holland, MI 49424 106098-01-01
Ph: 800-444-4954
Fax: 616-392-8634
Request for Proposals - Joe Clifford Park
Acceptance of quotation:
Accepted By (printed): ______________________________ P.O. No: ______________________________________
Please make P.O.s out to Sinclair Recreation
Signature: ___________________________________________
Title: ________________________________________________ Date: ________________________________________
Facsimile: ____________________________________________ Phone: _______________________________________
Email: _______________________________________________ Purchase Amount: $150,000.00
REQUIRED ORDER INFORMATION:
Bill To: _______________________________________________ Ship To: ____________________________________
Contact: _____________________________________________ Contact: _____________________________________
Address: _____________________________________________ Address: _____________________________________
Address: _____________________________________________ Address: _____________________________________
City, State, Zip: _______________________________________ City, State, Zip: ___________________________________
Tel: ___________________________________________________ Tel: ________________________________________
(For Accounts Payable) (To call before delivery)
Email: ________________________________________________ Email: _______________________________________
COLOR SELECTIONS: _______________________________________________________________________________________
SALES TAX EXEMPTION CERTIFICATE #: ____________________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE)
NOTE: IF INSTALLATION IS BEING QUOTED, THERE WILL BE A BACKCHARGE FOR THE INSTALLATION TO BE DONE THROUGH FELT,
PEASTONE, SURFACING, OR WOODCHIPS. PRICING VALID FOR 30 DAYS FROM THE DATE OF QUOTATION UNLESS OTHERWISE
NOTED. ANY MODIFICATIONS TO AN ACCEPTED QUOTATION MUST BE DOCUMENTED IN WRITING OR WITH A NEW OR SEPARATE
QUOTE. VERBAL MODIFICATIONS TO PREVIOUSLY SIGNED QUOTES WILL NOT BE ACCEPTED.
Page 4 of 4
Page 191 of 207
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 28, 2024 Title: Rezoning of properties on Beach St, Indiana
Ave, Ohio Ave, Simpson Ave, and Nelson St from
R-1 to R-2.
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 192 of 207
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review
Page 193 of 207
PARCELS SMALLER THAN 6000 SQFT CURRENT NON-BUILD PARCELS
Page 194 of 207
PARCELS THAT COULD BE SPLIT CURRENTLY
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PARCELS THAT COULD BE SPLIT W/ R-2
Page 196 of 207
CURRENTLY VACANT PARCELS
Page 197 of 207
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 198 of 207
Zoning Map
Aerial Map
Properties (noted in blue)
removed from
Page 199 of 207
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 200 of 207
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 201 of 207
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 202 of 207
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 203 of 207
PARCELS THAT COULD BE SPLIT W/ R-2
NOT AFFECTED BY HOUSE PLACEMENT
Page 204 of 207
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 28, 2024 Title: Juneteenth Resolution
Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office
Brief Summary:
Updated Juneteenth Resolution per Mayor's request.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 3: Community Connection
Amount Requested: Budgeted Item:
Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
To adopt the Juneteenth Resolution as presented
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 205 of 207
CITY OF MUSKEGON
RESOLUTION HONORING
JUNETEENTH NATIONAL INDEPENDENCE DAY
WHEREAS, the United State of America formally recognized Juneteenth, celebrated on June 19, as a
federal holiday with the signing of the Juneteenth National Independence Day Act on June 17, 2021,
commemorating the emancipation of enslaved African Americans; and
WHEREAS, news of the end of slavery did not reach the frontier areas of the United States, in particular
the State of Texas and the other southwestern states, until months after the conclusion of the Civil War,
more than 2 ½ years after President Abraham Lincoln issued the Emancipation Proclamation on
January 1, 1863; and
WHEREAS, on June 19, 1865, Union soldiers, led by Major General Gordon Granger, arrived in Galveston,
Texas, with news that the Civil War had ended and that more than 200,000 enslaved African Americans
were finally free; and
WHEREAS, African Americans who had been slaves in the Southwest celebrated June 19, commonly
known as Juneteenth Independence Day, as inspiration and encouragement for future generations; and
WHEREAS, African Americans from the Southwest have continued the tradition of observing Juneteenth
Independence Day for over 150 years; and
WHEREAS, 45 States and the District of Columbia have designated Juneteenth Independence Day as a
special day of observance in recognition of the emancipation of all slaves in the United States; and
WHEREAS, Juneteenth Independence Day celebrations have been held to honor African American
freedom while encouraging self-development and respect for all cultures; and
WHEREAS, the faith and strength of character demonstrated by former slaves and the descendants of
former slaves, along with their great many contributions to America, remain an example for all people of
the United States and around the world, regardless of background, religion, or race; and
WHEREAS, slavery was not officially abolished until the ratification of the 13th Amendment to the
Constitution of the United States in December 1865; and
WHEREAS, over the course of its history, the United States has grown into a symbol of democracy and
freedom around the world; and
WHEREAS, Juneteenth Independence Day provides an opportunity for Muskegon residents and all
Americans to learn more about the past and to better understand the experiences that have shaped the
United States.
Page 206 of 207
NOW, THEREFORE, BE IT RESOLVED that the City Commission for the City of Muskegon respectfully
honors and acknowledges the 19th day of June as Juneteenth National Independence Day; and that in
recognition, honor, and acknowledgement of the official federal holiday, Juneteenth National
Independence Day, the City of Muskegon will fly the Juneteenth Flag at Hackley Park in Muskegon on
Wednesday, June 19, 2024.
The foregoing Resolution was offered by ______________________ and supported by
____________________ and same was duly passed at a general session of the City of Muskegon City
Commission, with the vote as follows:
Yeas:
Nays:
Absent:
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on
May 28, 2024.
By: _______________________________
Kenneth D. Johnson, Mayor
By: ________________________________
Ann Marie Meisch, MMC – City Clerk
Page 207 of 207
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