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CITY OF MUSKEGON
CITY COMMISSION MEETING
June 25, 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:
☐ PUBLIC COMMENT ON AGENDA ITEMS:
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Splashpad Reconstruction Bid Award DPW- Parks
C. Fireworks Display Permit for Muskegon Country Club City Clerk
D. Rezoning of 1903 Marquette Ave from RM-1 to FBC, NC Planning
E. Purchase and Development Agreement: 1095 Third Street (Former
Catholic Charities) Economic Development
☐ PUBLIC HEARINGS:
☐ UNFINISHED BUSINESS:
☐ NEW BUSINESS:
A. 4th Quarter Budget Reforecast Finance
☐ ANY OTHER BUSINESS:
☐ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
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► 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:
A. City Manager's Evaluation City Clerk
☐ 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:
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: June 25, 2024 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To approve minutes of the June 10, 2024, Planning/Worksession Meeting, and the June 11, 2024, City
Commission Meeting.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Approval of the minutes
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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CITY OF MUSKEGON
CITY COMMISSION & PLANNING
COMMISSION WORKSESSION
June 10, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
2024-52 CALL TO ORDER
Present: Mayor Ken Johnson, Vice Mayor Rebecca St. Clair, Commissioners
Katrina Kochin, Jay Kilgo, Destinee Keener (left at 6:55 p.m.), and Rachel
Gorman, City Manager Jonathan Seyferth, Steve Gawron, Lea Willett-LeRoi,
Bryon Mazade, Jill Montgomery-Keast, Shonie Blake, and City Clerk Ann Marie
Meisch
Absent: Commissioner Willie German, Jr.
NEW BUSINESS
A. Housing Needs & Solutions Planning
Staff will be presenting potential solutions to the housing crisis.
Jamie Pesch, Planner, Mike Franzak, Planning Director, and Jake Eckholm,
Economic Development Director, gave an overview of the item and answered
questions. Presentation will go out to the public and comments will be
received.
B. Complete Streets Policy Manager's Office
Staff requests approval of a new Complete Streets Policy.
LeighAnn Mikesell, Deputy City Manager, explained the Complete Streets
Policy. This will be discussed at the June 11th City Commission Meeting.
PUBLIC COMMENT
No public comments were made.
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ADJOURNMENT
Motion by Commissioner Kochin, second by Commissioner Kilgo, to adjourn at
8:02 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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CITY OF MUSKEGON
CITY COMMISSION MEETING
June 11, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
CALL TO ORDER
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, June 11, 2024.
Pastor E. J. Wood, from All Shores Wesleyan Church, opened the meeting with
prayer, after which the Commission and public recited the Pledge of Allegiance
to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Rebecca St. Clair, Commissioners
Willie German, Jr., Rachel Gorman, Katrina Kochin, Jay Kilgo, and Destinee
Keener, City Manager Jonathan Seyferth, City Attorney John Schrier, and City
Clerk Ann Marie Meisch.
2024-53 HONORS, AWARDS, AND PRESENTATIONS
A. ILA-Inclusive Leadership Academy Recognition Employee Relations
Dwana Thompson introduced the participants from the 2024 ILA Inclusive
Leadership Academy Class. Commission thanked the participants for finding
ways to serve our community.
PUBLIC COMMENT ON AGENDA ITEMS
Public comments received.
2024-54 CONSENT AGENDA
A. Approval of Minutes City Clerk
To approve minutes of the May 28, 2024, City Commission Meeting.
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STAFF RECOMMENDATION: To approve the minutes.
B. Sale of 1095 Third Street - ITEM REMOVED PER STAFF REQUEST Economic
Development
D. Sale of 892 Orchard Planning
Staff is seeking authorization to sell the City-owned vacant lot at 892 Orchard to
Mark Payne. Mark Payne would like to purchase the City-owned buildable lot at
892 Orchard for $3,000 (75% of the True Cash Value of $4,000) plus half of the
closing costs and the fee to register the deed. The buyer will be constructing
one single-family home on the property.
STAFF RECOMMENDATION: Authorize the Code Coordinator to complete the
sale of 892 Orchard, as described in the purchase agreement, and to have the
Mayor and Clerk sign both the purchase agreement and the deed.
I. Contract for Planning/Architectural Services with SEH Planning
The Development Services Division will be contracting with a consulting firm to
create a Corridor Improvement Plan for Apple Ave. Staff issued a Request for
Proposal (RFP) for the project and received four responses. SEH provided the
lowest bid and they are a local firm that located their offices on Webster Ave in
2023.
STAFF RECOMMENDATION: To approve the contract with SEH.
L. Gaming License Request from HUG MKG (Help Us Give Muskegon) City
Clerk
HUG MKG is requesting a resolution recognizing them as a non-profit
organization operating in the City for the purpose of obtaining a Gaming
License. They have been recognized as a 501(c)(3) organization by the State.
STAFF RECOMMENDATION: To approve the resolution.
M. Complete Streets Policy Manager's Office
Staff requests approval of a new Complete Streets Policy. Staff from the
Planning, Public Works, and Engineering Departments have developed a
Complete Streets Policy in an effort to further our goal to improve quality of life
and economic vitality for our residents, workers, and visitors. The Complete
Streets Policy will enhance mobility, improve safety, expand transportation
access/choice, and build a healthy community. Benefits include reducing
vehicle miles traveled and increasing transportation by walking, bicycling, and
public transportation which help address a wide variety of challenges including
pollution, climate change, traffic congestion, social isolation, obesity, and
physical inactivity.
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STAFF RECOMMENDATION: To approve the Complete Streets Policy.
Motion by Commissioner German, second by Vice Mayor St.Clair, to approve
the Consent Agenda minus items C, E, F, G, H, J, and K.
ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, Johnson, and
Kilgo
Nays: None
MOTION PASSES
2024-55 ITEMS REMOVED FROM THE CONSENT AGENDA
C. Rezoning of Properties on Beach St, Indiana Ave, Ohio Ave, Simpson
Ave, and Nelson St from R-1 to R-2. (SECOND READING) Planning
Staff initiated request to rezone the following properties from R-1, Low Density
Single-Family Residential to R-2, Medium Density Single Family Residential: 1510,
1520, 1528, 1536, 1542, 1548, 1554, 1562, 1568, 1582, 1590, 1598, 1602, 1610, 1616,
1622, 1636, 1646, 1650, 1656, 1662, 1668, 1682, 1686, 1692, and 1704 Beach
Street; 3660 Indiana Avenue; 1360,1368, 1374, 1386, 1412, 1430, 1448, 1450, 1516,
1517, 1523, 1530, 1538, 1550, 1551, 1560, 1563, 1569, 1570, 1579, 1580, 1590, 1600,
1603, 1622, 1631, 1635, 1636, 1632, 1634, 1640, 1642, 1651, 1652, 1661, 1663, 1666,
1674, 1675, 1682, and 1690 Nelson; 3600 and 3601 Ohio Avenue; and 3691
Simpson Avenue. Staff has received several calls over the past year from
property owners in this area that had some concerns about their R-1 zoning
designation. Many properties within this focus area are considered “legally non-
conforming” because their lots do not meet the minimum lot size requirements
(minimum of 50 feet of street frontage and 6,000 sf total). Some property owners
were having difficulties with financing options since they would not be able to
rebuild after a disaster without a variance from the Zoning Board of Appeals. A
couple property owners were inquiring about splitting their large lots, only to find
that they were just short on the amount of land needed for two lots.
This would not allow more housing types (duplexes, etc), it only modifies the size
of a buildable lot. A focus group was held in March with the property owners.
The Planning Commission unanimously recommended approval of the rezoning
at their May meeting.
STAFF RECOMMENDATION: To approve the rezonings as listed in the packet.
Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to approve the
rezonings as listed in the packet.
ROLL VOTE: Ayes: Keener, Gorman, St.Clair, and Johnson
Nays: Kilgo, German, and Kochin
MOTION PASSES
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E. Road Construction Contract Award to Anlaan for New and Second
Streets DPW- Engineering
Staff is requesting authorization to approve a contract with Anlaan Corporation
in the amount of $1,145,853.25 for road reconstruction work on New Street;
Evanston to Calvin; and 2nd Street; Houston to Muskegon. Bids were solicited for
a construction project to reconstruct New Street; Evanston to Calvin; and 2nd;
Houston to Muskegon. Anlaan Corp provided the low bid. Bids came in under
budget. Project is budgeted for in FY24-25.
STAFF RECOMMENDATION: Move to authorize staff to enter into a contract with
Anlaan Corporation for the amount of $1,145,853.25 for the reconstruction of
New Street and 2nd Street according to the construction plans and approve
change orders up to 10 percent of the contract award.
Motion by Commissioner Gorman, second by Vice Mayor St.Clair to authorize
staff to enter into a contract with Anlaan Corporation for the amount of
$1,145,853.25 for the reconstruction of New Street and 2nd Street according to
the construction plans and approve change orders up to 10 percent of the
contract award.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Gorman, Kochin, and
St.Clair
Nays: None
MOTION PASSES
F. Annual Action Plan Budget 2024 Community & Neighborhood Services
The budgets for both CDBG and HOME funds are for your review and consent.
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.
STAFF RECOMMENDATION: To approve the 2024 Annual Action Plan Budgets for
CDBG and HOME Programs.
Motion by Commissioner Keener, second by Commissioner Kochin, to approve
the 2024 Annual Action Plan Budgets for CDBG and HOME Programs.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, Gorman, and Kochin
Nays: German
MOTION PASSES
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G. Contract for Mediation & Restorative Services Planning
Over the past 13 months, the City has been contracting with Mediation &
Restorative Services for youth counseling on underage vaping and cannabis
consumption. The program is paid for with funding from the Muskegon Social
Equity Program. The current contract expires at the end of June and the
organization is requesting $40,000 for an additional 12 months. The previous
contract was for $47,000 over 13 months.
STAFF RECOMMENDATION: To approve the contract with Mediation &
Restorative Services.
Motion by Vice Mayor St.Clair, second by Commissioner German, to approve
the contract with Mediation & Restorative Services.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, German, and
Gorman
Nays: None
MOTION PASSES
H. Contract for Expungement Clinics with G.U.N.S. Planning
The City partnered with G.U.N.S last year to hold a series of expungement
clinics. These clinics were well attended and staff wishes to partner with them
again for an additional three clinics over the next year. The organization is
requesting increased funding this year to cover the costs of follow-up services,
surveys and for staff compensation (last year volunteers spent hours pulling
iChats, making folders, registering people, making phone calls, and other
monitoring duties associated with expungement clinics and wrap around
services). These clinics are funded by the Muskegon Social Equity Program.
STAFF RECOMMENDATION: To approve contract with G.U.N.S.
Motion by Vice Mayor St.Clair, second by Commissioner Kochin, to approve the
contract with G.U.N.S.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, Keener, and
German
Nays: None
MOTION PASSES
J. Termination of Existing Purchase Agreement & Revised Agreement for the
Sale of Lots to EB2 Development Limited Liability Company (Green Rabbit
Home Builders) Planning
Staff is seeking the termination of the PA for Green Rabbit Home Builders to
purchase City-owned vacant lots at 553, 558, 579, 601, 608, & 621 Jackson and
505 Alva, approved 5/28/24 due to clerical errors. Staff is also seeking
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authorization to sell the same City-owned vacant lots to EB2 Development
Limited Liability Company d/b/a Green Rabbit Home Builders. The Purchase
Agreement, approved by Commission on 5/28/24, contained errors and
omissions in Exhibit A about the eventual combination and split of these lots.
Also, Green Rabbit Home Builders must be listed as EB2 Development Limited
Liability Company d/b/a Green Rabbit Home Builders. This Purchase Agreement
has been re-submitted with corrections made.
STAFF RECOMMENDATION: Rescind the authority for the Mayor and Clerk to sign
the May 28, 2024, Purchase and Development Agreement and authorization for
the Code Coordinator to complete the sale of 553, 558, 579, 601, 608, & 621
Jackson and 505 Alva and now authorize the Code Coordinator to complete
the sale of 553, 558, 579, 601, 608, & 621 Jackson and 505 Alva, as described in
the revised purchase agreement, and to have the Mayor and Clerk sign both
the purchase agreement and the deed.
Motion by Commissioner German, second by Vice Mayor St.Clair, to Rescind
the authority for the Mayor and Clerk to sign the May 28, 2024, Purchase and
Development Agreement and authorization for the Code Coordinator to
complete the sale of 553, 558, 579, 601, 608, & 621 Jackson and 505 Alva and
now authorize the Code Coordinator to complete the sale of 553, 558, 579, 601,
608, & 621 Jackson and 505 Alva, as described in the revised purchase
agreement, and to have the Mayor and Clerk sign both the purchase
agreement and the deed.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, Kilgo, and
Keener
Nays: None
MOTION PASSES
K. Sales Agreement for Nelson House Planning
Staff is submitting the formal Purchase Agreement for the previously approved
project to relocate the Nelson House. The Muskegon Public Schools Board
considered this sales agreement to formally convey the house to the City at
their June 4th regular meeting. The target date to move the house to the city-
owned lot at 382 West Muskegon Avenue is July 9th, with a rain date of July
10th.
STAFF RECOMMENDATION: Motion to approve the Purchase Agreement as
presented and to authorize the Mayor and Clerk to sign.
Motion by Vice Mayor St.Clair, second by Commissioner Gorman, to approve
the Purchase Agreement as presented and to authorize the Mayor and Clerk to
sign.
ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, Johnson, and
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Kilgo
Nays: None
MOTION PASSES
2024-56 PUBLIC HEARINGS
A. Request for an Industrial Facilities Exemption Certificate - Forming
Technologies, LLC - 2675 Olthoff Drive Economic Development
Forming Technologies, LLC has requested an Industrial Facilities Tax Exemption
Certificate. The company will be making an investment of $16,000,000 in real
property improvements and plans on creating up to 72 jobs over four years as
part of the overall project, qualifying them for a 12-year abatement. Forming
Technologies, LLC (Form Tech) is a manufacturing facility, founded in November
2004, providing customized pallets, lids, and shipping products using a
thermoforming process.
In partnership with Bluewater Industrial Development, LLC, Form Tech will begin
construction of a new facility starting September 2024. The new 195,000 sq. ft
building will house the plastic extrusion and thermoforming business and its
associated offices. The total real property investment is $16,000,000. This project
will create 72 more jobs over the next four years.
Staff Comments:
There is an established Industrial Development District on this site since July 26,
1983, that encompasses the Port City Industrial Park and is included in the
agenda packet.
The IFT committee reviewed the applicant's project on May 29, 2024, and based
on their findings and calculations, the committee suggests approval of the
attached resolution for a term of 12 years for real property. The company has
turned in all the necessary documents.
STAFF RECOMMENDATION: I move to close the public hearing and approve the
resolution granting an Industrial Facilities Exemption Certificate for a term of 12
years for real property to Forming Technologies, LLC and to authorize the Mayor
and Clerk to sign.
The Public Hearing opened to hear and consider any comments from the
public. Comments were heard in favor of the exemption from Marla Schneider,
President CEO, Greater Muskegon Economic Development.
Motion by Commissioner Keener, second by Commissioner Kilgo, to close the
public hearing and approve the resolution granting an Industrial Facilities
Exemption Certificate for a term of 12 years for real property to Forming
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Technologies, LLC and to authorize the Mayor and Clerk to sign.
ROLL VOTE: Ayes: Kilgo, Keener, German, Gorman, Kochin, St.Clair, and
Johnson
Nays: None
MOTION PASSES
B. Transmittal of the 2024-25 Proposed Budget Finance
At this time, staff is transmitting to the City Commission the proposed budget for
fiscal year 2024-25 which starts July 1, 2024. Both hardcopy and electronic
versions of the budget have been distributed to Commissioners. Additionally,
the budget is available for inspection on the City’s website and at the City
Clerk’s office. The proposed budget was reviewed in detail with staff at the May
23, 2024, Worksession. A public hearing on the budget was held at the regular
Commission meeting on June 11, 2024. City ordinance requires that the budget
be adopted by the Commission on or before the second Commission meeting
in June.
STAFF RECOMMENDATION: To approve the proposed budget for the 2024-25
fiscal year.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Kilgo, second by Commissioner Keener, to close the
Public Hearing and approve the proposed budget for the 2024-25 fiscal year.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, German, Gorman, and
Kochin
Nays: None
MOTION PASSES
PUBLIC COMMENT ON NON-AGENDA ITEMS
Public comments received.
ADJOURNMENT
The City Commission meeting adjourned at 8:23 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 25, 2024 Title: Splashpad Reconstruction Bid Award
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
Staff requests approval to enter into a contract with Midwest Construction Group for $298,000 for the
reconstruction of the downtown Muskegon splashpad.
Detailed Summary & Background:
The current downtown Muskegon splashpad has exceeded its lifespan and is due for replacement.
Staff has worked hard to keep this amenity running, but a new splashpad is long overdue. On May
2nd, the Parks & Recreation department posted a RFP for splashpad reconstruction. We received 1
proposal for $298,000 from Midwest Construction Group for this project. Staff believes this is a
reasonable cost for the project. This will be funded through a combination of the DNR SPARK grant
($250,000) and a donation from Howmet Aerospace ($50,000). The goal is for construction to be
completed this fall.
Through the request of the DNR, we solicited bids in late 2023 for a design build, which was awarded
to Fleis & Vanderbrink. Since F&V was selected, we held a public engagement and finalized design
concepts which were approved by the DNR. These plans were included in the reconstruction RFP
and staff is excited to rehab this popular community amenity.
Splashpad Timeline
November 2022 - Staff applies for SPARK grant
January 2023 - Muskegon is approved for $250,000 SPARK grant
Summer 2023 - City Staff & MDNR Staff reach agreement on contracting methods
October 2023 - Fleis & Vanderbrink is selected as design build firm
Winter 2023 - Public engagements
January 2024 - Construction plans are submitted to DNR
April 2024 - DNR approves plans and bid package (Spark Grant Requirement)
May 2024 - Bid solicitation is released for reconstruction of Muskegon Splashpad
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Enhanced Parks and Recreation Department and Services
Events and activities
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Parks and Recreation Department and
Services
Amount Requested: Budgeted Item:
Page 14 of 49
$298,000 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
482 (Grants) Yes No x N/A
Recommended Motion:
I authorize staff to enter into a contract with Midwest Construction Group for $298,000 for the
reconstruction of the downtown Muskegon splashpad.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads x
Communication
Legal Review
Page 15 of 49
$14,900.00 $14,900.00
$3,602.50 $3,602.50
$8,537.93 $8,537.93
$6952.83 $6,952.83
$216.15 $4,323.00
$279.19 $5,583.88
$5,619.90 $5,619.90
$201.74 $6,455.68
$30.26 $18,761.82
Page 16 of 49
$60.52 $7,262.64
$27.38 $12,594.34
$40.71 $17,911.63
$172,049.99 $172,040.99
$2,177.05 $2,177.05
$11,275.83 $11,275.83
$298,000.00
#1 4/17/24
#2 4/30/24
#3 & Advertisement For Bids 5/1/24
Page 17 of 49
Capstone Concrete Grand Rapids, Mi.
Vortex International Dover, De
Vortex International Dover, De
Inline Electric Zeeland, Mi.
Shoreline Dirtworks Hudsonville, Mi.
Page 18 of 49
Midwest Construction Group
Brian VanBeveren
Vice President
5/28/24
Page 19 of 49
Brian VanBeveren
Vice President
616-502-5300
[email protected]
8516 Homestead
Zeeland, Mi. 49464
Page 20 of 49
CITY OF MUSKEGON
MUSKEGON COUNTY, MI
DESIGN.BUILD.OPERATE.
MUSKEGON COUNTY
SPLASH PAD RECONSTRUCTION
APRIL 2024 316 Morris Avenue, Suite 230
Muskegon, MI 49440
P: 231.726.1000
F: 231.726.2200
VICINITY MAP
DNR SPARK GRANT ARPA-0309
INDEX OF DRAWINGS
DESCRIPTION SHEET NO.
COVER SHEET G-001
D
EXISTING CONDITIONS & REMOVALS PLAN C-101
OA
ILR
HA SITE LAYOUT PLAN C-102
LL
RA
ST
. SITE GRADING & UTILITY PLAN C-103
DETAILS C-501 REVISION:
COVER SHEET
285 W. WEESTERN AVE, MUSKEGON, MI 49440
CITY OF MUSKEGON
SPLASH PAD RECONSTRUCTION
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DRAWING INFORMATION:
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LOCATION MAP R
APRIL 2024
F&V PROJECT NO.
863730
Know what's below.
Callbefore you dig.
G-001
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EXISTING FEATURES LEGEND
DESIGN.BUILD.OPERATE.
316 Morris Avenue, Suite 230
Muskegon, MI 49440
P: 231.726.1000
F: 231.726.2200
EXISTING BENCHES TO BE
REMOVED BY OTHERS (TYP)
REMOVE AND SALVAGE
EXISTING SPLASH PAD
REMOVE EXISTING TREE EQUIPMENT AND
ASSOCIATED UTILITIES.
32 LF - PLANTER
CURB REMOVAL
REMOVE WATER
10 SERVICE UP TO
' EXISTING METER
EXISTING 2"
METER AND PIT
TO REMAIN
REVISION:
40'
SAVE AND PROTECT
EXISTING CONDITIONS & REMOVALS PLAN
NOTE: ALL ITEMS LISTED ON THE LEGEND MAY
285 W. WEESTERN AVE, MUSKEGON, MI 49440
CITY OF MUSKEGON
SPLASH PAD RECONSTRUCTION
EXISTING CONCRETE
NOT BE PRESENT ON DRAWING.
NOT IDENTIFIED FOR
REMOVAL
GENERAL NOTES:
FIRST STREET
PRIOR TO DEMOLITION AND CONSTRUCTION COMMENCEMENT, CONTRACTOR TO PLACE TEMPORARY FENCING OR
SIMILAR MEASURES TO PROTECT PUBLIC FROM CONSTRUCTION AREA.
BM #W-1 EL. 614.71'
N FLANGE BOLT UNDER "CITY"
HYDRANT 23' EAST OF SE CORNER
POST OFFICE BLDG
BM #W-2 EL. 614.42'
REMOVE ALL EXISTING SPRAY
N FLANGE BOLT UNDER "MADE"
JET HEADS, DRAINS, VALVES,
HYDRANT @ NE QUAD OF FIRST
AND EXISTING SPLASH PAD
AND WESTERN
PIPING WITHIN REMOVAL AREA.
REMOVALS LEGEND
CONCRETE REMOVAL
PLANTER CURB REMOVAL
REMOVAL ITEM PROJ MNGR: RWS
DESIGN
DESIGNED BY: JRK
TEAM:
DRAWN BY: JRK
CHECK BY:
DRAWING INFORMATION:
WESTERN AVENUE 863730_C101_REM
040424 jacob.koning
APRIL 2024
F&V PROJECT NO.
NORTH 863730
C-101
Page 22 of 49
GENERAL NOTES:
BASIS OF SPLASH PAD DESIGN IS PROVIDED BY VORTEX AQUATIC STRUCTURES INTERNATIONAL.
THE SPECIFICATION OR DESCRIPTION OF SPLASH PAD ITEMS IS INTENDED TO ESTABLISH THE
TYPE, FUNCTION, APPEARANCE, AND QUALITY REQUIRED. UNLESS THE SPECIFICATION OR DESCRIPTION CONTAINS OR
IS FOLLOWED BY WORDS READING THAT NO LIKE, EQUIVALENT, OR “OR EQUAL” ITEM IS PERMITTED, CONTRACTOR MAY
REQUEST THAT ENGINEER AUTHORIZE THE USE OF OTHER ITEMS OF EQUIPMENT OR MATERIAL, OR ITEMS FROM OTHER
DESIGN.BUILD.OPERATE.
PROPOSED SUPPLIERS, UNDER THE CIRCUMSTANCES DESCRIBED BELOW.
1. IF ENGINEER IN ITS SOLE DISCRETION DETERMINES THAT AN ITEM OF EQUIPMENT OR MATERIAL
PROPOSED BY CONTRACTOR IS FUNCTIONALLY EQUAL TO THAT NAMED AND SUFFICIENTLY SIMILAR SO THAT
NO CHANGE IN RELATED WORK WILL BE REQUIRED, ENGINEER WILL DEEM IT AN “OR EQUAL” ITEM. FOR THE
PURPOSES OF THIS PARAGRAPH, A PROPOSED ITEM OF EQUIPMENT OR MATERIAL WILL BE CONSIDERED
FUNCTIONALLY EQUAL TO AN ITEM SO NAMED IF:
a. IN THE EXERCISE OF REASONABLE JUDGMENT ENGINEER DETERMINES THAT THE PROPOSED ITEM:
1) IS AT LEAST EQUAL IN MATERIALS OF CONSTRUCTION, QUALITY, DURABILITY, APPEARANCE, STRENGTH,
AND DESIGN CHARACTERISTICS;
2) WILL RELIABLY PERFORM AT LEAST EQUALLY WELL THE FUNCTION AND ACHIEVE THE RESULTS
IMPOSED BY THE DESIGN CONCEPT OF THE COMPLETED PROJECT AS A FUNCTIONING WHOLE; 3) HAS A
PROVEN RECORD OF PERFORMANCE AND AVAILABILITY OF RESPONSIVE SERVICE; AND 4) IS NOT
OBJECTIONABLE TO OWNER.
b. CONTRACTOR CERTIFIES THAT, IF THE PROPOSED ITEM IS APPROVED AND INCORPORATED INTO THE WORK: 316 Morris Avenue, Suite 230
Muskegon, MI 49440
1) THERE WILL BE NO INCREASE IN COST TO THE OWNER OR INCREASE IN CONTRACT TIMES; AND P: 231.726.1000
2) THE ITEM WILL CONFORM SUBSTANTIALLY TO THE DETAILED REQUIREMENTS OF THE ITEM NAMED IN F: 231.726.2200
THE CONTRACT DOCUMENTS.
CONTRACTOR'S EXPENSE: CONTRACTOR SHALL PROVIDE ALL DATA IN SUPPORT OF ANY PROPOSED “OR EQUAL” ITEM
AT CONTRACTOR'S EXPENSE.
#4 REBAR, 3" CLEAR
1" PLANTER BED
3500 PSI CONCRETE
9"
LIGHT SANDBLAST FINISH
1
2" EXPANSION JOINT
12"
32 LF - PLANTER CURB. #4 REBAR
240 SFT - MICRO-TOP MATCH EXISTING CURB TYPE
4"
VORTEX SMARTFLOW CABINET
1.5'
CONCRETE COLOR D VORTEX SPLASH PAD NOTE: CONCRETE CURBING SHALL HAVE
SYSTEM OR APPROVED CONTROL CENTER OR APPROVED SAWCUT CONTRACTION JOINTS AT EQUAL
580- SFT - INTEGRAL EQUAL- SEE DETAIL EQUAL - SEE DETAIL SHEET C-501 INTERVALS OF 4'-0". SAWCUT AT A MINIMUM
OF DEPTH OF 1" ON ALL EXPOSED SIDES.
CONCRETE COLOR A SHEET C-501
8"
460 SFT - INTEGRAL
CONCRETE COLOR C
3.5'
41.1'
10
'
PLANTER CURB DETAIL
NOT TO SCALE
120 SFT - INTEGRAL
CONCRETE COLOR B
REVISION:
SITE LAYOUT PLAN
285 W. WEESTERN AVE, MUSKEGON, MI 49440
CITY OF MUSKEGON
SPLASH PAD RECONSTRUCTION
GRADE 4000 CONCRETE. 4-8% AIR
ENTRAINED WITH LIGHT BROOM FINISH
R16
280 SFT - RE-TOP CONCRETE .5' #3 BAR @ 12" MAX SPACING
RIBBON PATTERN - MICRO-TOP
CONCRETE COLOR D. PER PLAN
6" TYP*
FIRST STREET
100 SFT - RE-TOP EXISTING
'
R16
CONCRETE RIBBON PATTERN -
R2
0'
MICRO-TOP CONCRETE
COLOR D.
EXISTING CONCRETE 49.2' EXISTING CONCRETE
TO REMAIN TO REMAIN
6" SAND BASE (CIP)
SAWCUT JOINTS - MATCH EXISTING COMPACTED EXISTING SUBGRADE
SAWCUT PATTERNS (TYP)
SPLASH PAD CONCRETE BASE
NOT TO SCALE
PROPOSED LEGEND
CONCRETE COLOR A - PRISM PIGMENTS
INTEGRAL COLOR NO. P2960 CORNSILK OR
APPROVED EQUAL WITH SAND CAST FINISH
CONCRETE COLOR B - PRISM PIGMENTS DESIGN
PROJ MNGR: RWS
INTEGRAL COLOR NO. P9030 SHADOW SLATE OR DESIGNED BY: JRK
TEAM:
DRAWN BY: JRK
APPROVED EQUAL WITH LIGHT BROOM FINISH
CHECK BY:
CONCRETE COLOR C - PRISM PIGMENTS DRAWING INFORMATION:
WESTERN AVENUE INTEGRAL COLOR NO. P9420 SANDY BUFF OR 863730_C102_SITE
APPROVED EQUAL WITH LIGHT BROOM FINISH 040424 jacob.koning
CONCRETE COLOR D - (MICRO TOP) -
INCRETE INTEGRAL COLOR SUPER WHITE OR
APPROVED EQUAL WITH TEXTURED FINISH
APRIL 2024
F&V PROJECT NO.
NORTH 863730
C-102
Page 23 of 49
FINISHED BACKFILL GRADE
COMPACT TO 95% MAX. DENSITY
TRENCH BACKFILL AREA
SUITABLE EXCAVATED MATERIAL
OR
GRANULAR MATERIAL BACKFILL
DESIGN.BUILD.OPERATE.
GRANULAR MATERIAL TOP OF
BACKFILL
FEATURE CONNECTION TABLE
BEDDING
MANIFOLD OUTPUT
CROWN SOLENOID FEATURE
OUTPUT FEATURE QTY LINE SIZE GPM
12"
SPRING LINE
(ID1)
SPECIAL PIPE BEDDING AREA
VALVE REF
REF
UTILITY
BARREL SPRAYLINK ARCH
GRADE S01 1" STD B 2 1" 3 1
GRANULAR VOR 3002
MATERIAL SPRAYLINK FOUNTAIN
12"
BACKFILL INVERT S02 1" STD D 2 1 1/2" 12 2 316 Morris Avenue, Suite 230
VOR 3005
FOUNDATION
Muskegon, MI 49440
P: 231.726.1000
SPRAYLINK GEYSER F: 231.726.2200
PAYMENT S03 1" STD C 2 1" 10 3
CONNECT TO EXISTING SPLASH VOR 3005
LINE
PAD ELECTRICAL PANEL. SPRAYLINK GEYSER
CONTRACTOR TO VERIFY SYSTEM S04 1" STD C 2 1" 10 4
VOR 3005
AND CONNECTION REQUIREMENTS.
SPRAYLINK ARCH
S05 1" STD B 2 1" 3 5
VOR 3002
CONNECT TO EXISTING SANITARY
LINE FROM EXISTING SPLASH PAD. SPRAYLINK FOUNTAIN
S06 1" STD D 2 1 1/2" 12 6
CONTRACTOR TO VERIFY INVERT VOR 3005
ELEVATION. SPRAYLINK GEYSER
S07 1" STD C 2 1" 10 7
VOR 3005
UTILITY TRENCHING, EXCAVATING SEE ENLARGEMENT
THIS SHEET SPRAYLINK FOUNTAIN
S08 1" STD D 1 1" 6 8
AND BACKFILLING TERMINOLOGY VOR 3005
SPRAYLINK ARCH
S09 1" STD B 2 1" 3 9
VOR 3002
SPRAYLINK FOUNTAIN
S10 1" STD D 1 1" 6 10
611.99 MX VOR 3005
612.77 TC
DIRECTION OF FLOW
612.00 MX
ELECTRICAL LINE CONNECTIONS POWER
E E E E E
EXCAVATION FOR BELLS PRODUCT
FROM TO # CONDUCTORS GAUGE/TYPE NOTE
CODE
GRANULAR BACKFILL GRANULAR BACKFILL
COMPACTED COMPACTED 611.88 MX EIA 120V, 1 PHASE, 60Hz,
MATCH EXISTING ELEVATION AT 611.93 MX MAIN POWER 10AMPS BREAKER
CONCRETE EDGE. CONTRACTOR ID2 TBD (BY
E
PA LINE (BY 3 RECOMMENDED
TO ENSURE POSITIVE DRAINAGE 15 LF - 2" TYPE K 120VAC CONTRACTOR)
CONTRACTOR)
12"
611.96 MX ± 5% VOLTAGE DROP
TOWARD DRAIN. 612.42 TC COPPER SERVICE
12"
IA IS ACCEPTABLE
D 20 LF - 4" SDR35 PVC
D 611.71 MX
SANITARY LATERAL
611.97 MX
ELECTRICAL LINE CONNECTIONS CONTROLLER INPUTS
4" MIN
B S09 CONNECT TO 2"
SHAPE FOR BARREL METER IN EXISTING
PRODUCT GAUGE/
OF PIPE METER PIT FROM TO # CONDUCTORS NOTE REVISION:
CODE TYPE
METHOD I METHOD II 611.95 MX
1.5%
APPROVED BACKFILL PLACED AND
SITE GRADING & UTILITY PLAN
285 W. WEESTERN AVE, MUSKEGON, MI 49440
CITY OF MUSKEGON
SPLASH PAD RECONSTRUCTION
COMPACTED A MINIMUM OF 24 HOURS 611.97 MX ACTIVATOR NO. 3
AFTER PLACING CONCRETE D S10 ID1-INPUT 1 5 24 VDC, MAX 345 mA
B S01 EIA IA 22
264' (75m) LONG CABLE
3000 PSI
D S08 C S07
12"
CONCRETE NOTES: 1. METHOD I: IN AREAS OF
CRADLE UNCONSOLIDATED SOILS (SAND,
D GRAVEL, ETC.) 2. METHOD II: IN 20 LF - 6" SDR35 PVC
B S09 C S03
D/4
AREAS OF CONSOLIDATED SOILS SANITARY LATERAL PRODUCT LEGEND
(CLAY, HARDPAN, ROCK, ETC.) 3.
METHOD III: IN AREAS INDICATED
1.5% PRODUCT
IB D S02 PRODUCT QTY
ON DRAWINGS REF
3" MIN
CEMENT BLOCK OR C S07
BRICK TO PRESERVE
LINE AND GRADE.
IF D S06 IA BOLLARD ACTIVATOR NO 3 VOR 0611 1
RIM = 611.67 1.5%
METHOD III
C S03
CUT IN WYE USING SHIELDED C S04 B S01 IB PLAYSAFE DRAIN N°4 VOR 1004 1
FERNCO COUPLERS.
METHODS OF BEDDING GRAVITY PIPE CONTRACTOR TO FIELD VERIFY
C S04 WATER DISTRIBUTION SYSTEM;
EXISTING INVERT ELEVATION IC 1
IC ECCC CABINET COMMAND CENTER 2.0
D S02
D S06 MAESTROPRO CONTROLLER 24 OUT/12
B S05 ID1 1
S10 IN VOR-33907.3200
S09
1.5%
S08 MAESTROPRO POWER BOX
611.95 MX ID2 1
S07 ID2 VOR-33907.3200
611.93 MX S06
S05 E
B S05 ID1 IE 2" CITY WATER LINE (BY INSTALLER) 1
S04
PA
S03
BELL HOLE EXCAVATIONS
S02 6" DRAIN LINE TO MUNICIPAL DRAIN (BY
REQUIRED FOR METHODS I & II IF 1
S01 INSTALLER)
E
EXCAVATION FOR BELLS 4" TYP DRAIN LINE WITH STRAINER
E E CONNECTED TO DRAINAGE SYSTEM.
IG 1
ENSURE P-TRAP IS BELOW FROST LINE
GRANULAR BACKFILL GRANULAR BACKFILL EIA IE TO PREVENT FREEZING (BY INSTALLER)
COMPACTED COMPACTED
IG
1. PIPING: 611.96 MX
2" PRESSURE REGULATOR 1
1.1 WDS CONFIGURATION ARE SCHEMATIC AND MAY BE MOVED OR ADJUSTED ON SITE BY VORTEX CERTIFIED
INSTALLER TO ADJUST FOR SITE CONDITIONS PROJ MNGR: RWS
DESIGN
DESIGNED BY: JRK
1.2 ANY REQUIRED WATER METER ON THE CITY WATER MAIN SHALL BE PROVIDED BY INSTALLER. PRESSURE 2" BACKFLOW PREVENTER 1 TEAM:
12"
DRAWN BY: JRK
REGULATOR AND BACKFLOW PREVENTER WILL BE PROVIDED BY VORTEX.
12"
CHECK BY:
1.3 ALL PIPE LINES TO FEATURES TO HAVE A 1% MINIMUM RECOMMENDED SLOPE FOR PROPER WINTERIZATION.
D 1" SOLENOID VALVE
D 1.4 ALL LINE SIZING (FEATURE CONNECTION TABLE) ASSUMES A MAXIMUM DISTANCE OF 100 FEET BETWEEN THE
WATER DISTRIBUTION MANIFOLD AND THE FURTHEST PLAY PRODUCT. DISTANCES ABOVE 100 FEET MAY REQUIRE AN
VORTEX SMARTFLOW COMMAND CENTER WITH BALL VALVE & UNION
10 DRAWING INFORMATION:
863730_C103_UTIL
040424 jacob.koning
INCREASE IN LINE SIZING. PLEASE CONTACT VORTEX. SCALE: 1" = 2'-0"
2. ELECTRICAL:
3" MIN
1.5 QUANTITY AND LOCATION OF DRAINS BASED ON MAXIMUM FLOW FOR THE INDICATED PIPE DIAMETER AT 1% SLOPE.
MODIFICATIONS MAY BE REQUIRED DUE TO SPECIFIC SITE CONDITIONS AND LOCAL CODE.
2.1 WIRING FROM THE CONTROLLER TO EACH ACTIVATOR SHALL BE #22 AWG. A TOTAL OF FIVE (5) CONDUCTORS PER
SHAPE FOR BARREL ACTIVATOR.CABLE LENGTH UP TO 246' (75M), PROVIDED BY VORTEX.
1.6 PRESSURE LINES ARE RECOMMENDED TO BE SCHEDULE 80 PVC OR PEX, AND NON-PRESSURE LINES TO BE
OF PIPE SCHEDULE 40, UNLESS OTHERWISE REQUESTED BY LOCAL CODE. 2.2 ALL CONNECTIONS TO THE CONTROLLER AND OTHER VORTEX ELECTRICAL PANEL SHALL BE PERFORMED USING AN
1.7 DRAINAGE LINES ARE RECOMMENDED TO BE SDR 35, UNLESS OTHERWISE REQUESTED BY LOCAL CODE. APPROVED NEMA 4X CONNECTOR.
METHOD I METHOD II 1.8 PIPING SHOULD BE INSPECTED AFTER TRANSPORTATION FOR CUTS, SCRATCHES, GOUGES OR SPLITS; DAMAGED 2.3 WIRE FROM MAIN POWER TO VORTEX PANEL TO BE DETERMINED BY CONTRACTORS RESPECTING THE LOCAL CODE.
SECTIONS MUST BE DISCARDED OR CUT OUT. PROPOSED LEGEND
2.4 MAINTAIN A MINIMUM CLEARANCE ZONE OF 36" IN FRONT OF ELECTRICAL PANEL, UNLESS OTHERWISE REQUESTED
1.9 PIPE SHALL BE INSTALLED BELOW THE FROST LEVEL NOT LESS THAN 12" (ASTM F-645) UNLESS OTHERWISE BY LOCAL CODE.
NOTES: SANITARY SEWER
REQUESTED BY LOCAL CODE. 2.5 USE #8 BARE SOLID COPPER BONDING WIRE BETWEEN FEATURES TO A GROUNDING ROD IN THE SOIL, TIED INTO
REBAR GRID, OR AS PER LOCAL CODE. SPRAYLINKS FEATURE DO NOT REQUIRE BONDING. DOMESTIC WATER SERVICE
1.10 PIPE INSTALLATION MINIMUM COVER SHOULD BE EVALUATED ACCORDING TO ASTM D-2774, UNLESS OTHERWISE
1. METHOD I: IN AREAS OF UNCONSOLIDATED SOILS APRIL 2024
(SAND, GRAVEL, ETC.) REQUESTED BY LOCAL CODE. 2.6 AS PER ELECTRICAL CONSTRUCTION AND SAFETY CODES: CONTROLLER CONTROLLER AND ANY OTHER ELECTRICAL VORTEX WATER LINE
2. METHOD II: IN AREAS OF CONSOLIDATED SOILS ENCLOSURES MUST BE HARD-WIRED TO A GROUND FAULT CIRCUIT INTERRUPTER (GFCI) FROM THE INPUT POWER F&V PROJECT NO.
1.11 SPECIAL CONSIDERATIONS SHOULD BE TAKEN FOR THERMAL CONDITIONS, EXPANSION AND CONTRACTIONS DUE E E ELECTRICAL SERVICE
(CLAY, HARDPAN, ROCK, ETC.) SOURCE. NORTH
TO TEMPERATURE SHOULD BE EVALUATED BEFORE THE INSTALLATION BY THE CONTRACTOR. SURFACE FLOW DIRECTION
863730
2.7 ALL ELECTRICAL WORK SHOULD BE PERFORMED BY A LICENCE ELECTRICIAN IN ACCORDANCE TO LOCAL ELECTRICAL
1.12 VALVE NUMBER 1 IS LOCATED TO THE LEFT OF THE MANIFOLD FACING THE CONSTRUCTION AND SAFETY CODES.
METHODS OF BEDDING PRESSURE PIPE SOLENOID.
1.13 MINIMUM 50 PSI REQUIRED AT THE INLET OF THE BACKFLOW PREVENTER AND PRESSURE REGULATING DEVICE.
2.8 THE MAESTROPRO CONTROL PANEL IS POWERED THROUGH A MAESTROPRO POWER BOX.
2.9 THE POWER CABLE TO MAESTROPRO POWER BOX IS SUPPLIED BY INSTALLER.
1.14 MAXIMUM FLOW CAPACITY OF MANIFOLD IS 72 GPM. 2.10 THE MAESTROPRO CONTROL PANEL INTEGRATES 24 DIGITAL OUTPUTS WITH 24 VAC AND 12 DIGITAL INPUTS.
1.15 TOTAL FLOW OF FEATURE IS 75 GPM.
1.16 FACTORY MAXIMUM SEQUENCING FLOW IS 50 GPM ACTUAL FLOW MAY VARY DUE TO SITE CONDITIONS.
2.11 FOR REMOTE ACCESS ABILITY, A HARD CONNECTION TO AN EXISTING NETWORK IS REQUIRED USING A CAT 5 CABLE
OR A CELLULAR NANO-SIM CARD WITH DATA-PLAN. C-103
Page 24 of 49
GENERAL NOTES:
BASIS OF SPLASH PAD DESIGN IS PROVIDED BY VORTEX AQUATIC STRUCTURES INTERNATIONAL.
THE SPECIFICATION OR DESCRIPTION OF SPLASH PAD ITEMS IS INTENDED TO ESTABLISH THE
TYPE, FUNCTION, APPEARANCE, AND QUALITY REQUIRED. UNLESS THE SPECIFICATION OR DESCRIPTION CONTAINS OR
IS FOLLOWED BY WORDS READING THAT NO LIKE, EQUIVALENT, OR “OR EQUAL” ITEM IS PERMITTED, CONTRACTOR MAY
REQUEST THAT ENGINEER AUTHORIZE THE USE OF OTHER ITEMS OF EQUIPMENT OR MATERIAL, OR ITEMS FROM OTHER
PROPOSED SUPPLIERS
DESIGN.BUILD.OPERATE.
316 Morris Avenue, Suite 230
Muskegon, MI 49440
P: 231.726.1000
F: 231.726.2200
SPRAYLINK SERIES SECTION (TYP)
NOT TO SCALE
TOP VIEW
REVISION:
DETAILS
285 W. WEESTERN AVE, MUSKEGON, MI 49440
CITY OF MUSKEGON
SPLASH PAD RECONSTRUCTION
VORTEX PLAYSAFE DRAIN, No4
NOT TO SCALE
FRONT VIEW RIGHT VIEW
PROJ MNGR: RWS
DESIGN
DESIGNED BY: JRK
TEAM:
DRAWN BY: JRK
CHECK BY:
DRAWING INFORMATION:
863730_C501_DETL
040424 jacob.koning
VORTEX ACTIVATOR N°3 INSTALLATION
NOT TO SCALE
APRIL 2024
F&V PROJECT NO.
863730
SMARTFLOW COMMAND CENTER CABINET
NOT TO SCALE
C-501
Page 25 of 49
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 25, 2024 Title: Fireworks Display Permit for Muskegon
Country Club
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
Pyrotecnico Fireworks, Inc. is requesting approval of a fireworks display permit for Friday, July 5, 2024,
at the Muskegon Country Club. The Fire Marshall will inspect the fireworks on the day of the event.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
Approve the fireworks display permit for Pyrotecnico Fireworks, Inc., contingent upon inspection of
the fireworks.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 26 of 49
Page 27 of 49
Page 28 of 49
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 25, 2024 Title: Rezoning of 1903 Marquette Ave from RM-1
to FBC, NC
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Request to rezone 1903 Marquette Avenue from RM-1, Low-Density Multiple Family Residential, to
FBC-NC, Form-Based Code, Neighborhood Core, by the County of Muskegon.
Detailed Summary & Background:
This rezoning would help us achieve a goal from the master plan, which is to "Create a community
node at the intersection of Marquette/Quarterline."
The Planning Commission unanimously recommended approval at their June 13 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 request the rezone the property at 1903 Maruqette Ave from RM-1 to FBC, NE.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review
Page 29 of 49
Page 30 of 49
PLANNING COMMISSION PACKET EXCERPT
June 13, 2024
Hearing, Case 2024-11: Request to rezone 1903 Marquette Avenue from RM-1, Low-Density Multiple
Family Residential, to FBC-NC, Form-Based Code, Neighborhood Core, by the County of Muskegon.
SUMMARY
1. The County of Muskegon purchased Baker College in 2022 and now operates several municipal
departments on site, with more relocating there over the next three years. Baker College, Central
Dispatch, and West Michigan Medical Consortium currently lease space on site. Other vacant
building space is being offered for lease. The County is also considering the sale of additional land
on site that it does not need for its operations.
2. The current zoning of RM-1, Low Density Multiple-Family Residential is very restrictive for the
types of classroom/office uses that have historically operated on this parcel. A rezoning to Form
Based Code, Neighborhood Core would allow these types of uses by right and would also ensure
that any building additions would be developed in a walkable, pedestrian friendly pattern. This
zoning designation would also allow for varying types of residential development.
3. Please see the zoning ordinance excerpts for RM-1 and FBC, NC districts.
4. 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.
1903 Marquette Ave from the Marquette/Quarterline intersection.
Page 31 of 49
Zoning Map
Aerial Map
Page 32 of 49
STAFF RECOMMENDATION
Staff recommends approval of the rezoning. The master plan identifies the Marquette/Quarterline
intersection as a potential neighborhood center. New mixed-use options in this area could assist in the
redevelopment of this commercial corridor.
Master Plan Excerpt
Page 33 of 49
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 1903 Marquette Avenue
from RM-1, Low-Density Multiple Family Residential, to FBC-NC, Form-Based Code
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 RM-1 to FBC, NC.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
Page 34 of 49
CERTIFICATE
(Rezoning 1903 Marquette Ave from RM-1 to FBC, NC)
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 25th day of June, 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 35 of 49
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on June 25, 2024, the City Commission of the City of Muskegon adopted an ordinance
amending the zoning map to provide for the change of zoning for 1903 Marquette Ave from RM-1 to FBC, NC:
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 36 of 49
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 25, 2024 Title: Purchase and Development Agreement:
1095 Third Street (Former Catholic Charities)
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
We have finalized a purchase and development agreement with West Urban Properties to complete
an adaptive reuse project at the former Catholic Charities.
Detailed Summary & Background:
Last year the City Commission awarded an option to purchase the city-owned building at 1095 Third
Street to West Urban Properties. Since then, City staff have been working with the potential developer
on an environmental site assessment grant through GMED, developing a pro forma that cash flows
with mixed income units, and determining a rough project timeline. The goal will be to commence
this project before the end of the calendar year, with lease up on phase one in 2025 and
commencement of phase two also in 2025.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Micro-commercial areas in neighborhoods
Neighborhood commercial center development
Progress toward completion of ongoing economic development projects
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
$100,000 gain to Public Improvement Fund Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion:
Motion to approve the Purchase and Development Agreement for 1095 Third Street as presented
and to authorize the Mayor and Clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head Yes
Page 37 of 49
Information
Technology
Other Division Heads
Communication
Legal Review
Page 38 of 49
PURCHASE AND SALE AGREEMENT
This Purchase and Sale Agreement (this “Agreement”) is effective ____, 2024 (“Effective Date”)
between Midtown Center, LLC, a Michigan limited liability company, with principal offices at 3265
Walker Avenue NW, Suite D, Grand Rapids, MI 49544 (“Buyer”) and the City of Muskegon, a
municipal corporation, with principal offices at 933 Terrace Street, Muskegon, MI 49440 (“Seller”), with
reference to the following facts:
Background
A. Seller owns the real estate located at 1095 Third Street, Muskegon, MI 49441 and the vacant
lot located at 301 W. Muskegon Ave., Muskegon, MI 49441, as depicted on the Site Plan attached as
Exhibit A to this Agreement and legally described on Exhibit B attached to this Agreement (the
“Premises”).
B. Buyer has agreed to purchase, and Seller has agreed to sell the Premises to Buyer according
to the terms and conditions of this Agreement.
It is agreed as follows:
1. Agreement to Sell and Purchase the Premises. Seller shall sell and Buyer shall purchase
the Premises, together with all beneficial easements, all improvements, fixtures, division rights,
hereditaments and appurtenances associated with the Premises, on the terms and conditions set forth in
this Agreement. The instrument conveying the Premises from Seller to Buyer shall contain a provision
relating to the Seller’s reversionary interest and Buyer’s occupancy restrictions, as more fully required in
this Agreement.
2. Purchase Price; Deposit and Manner of Payment. The purchase price for the Premises is
One Hundred Thousand and 00/100 Dollars ($100,000). Contemporaneously, with the execution of the
Agreement, Buyer will deposit the sum of Ten Thousand and 00/100 Dollars ($10,000) (the “Deposit”)
with Title Company (as defined below). At closing, and upon execution and delivery of a quit claim deed
and all other documents of transfer, Buyer will pay the remainder of the purchase price ($90,000) to the
Seller by Title Company check or wire transfer. If the purchase and sale contemplated by this Agreement
is closed, the Deposit shall be a credit against the purchase paid by Buyer. If Buyer terminates this
Agreement pursuant to any termination right granted by this Agreement, the Deposit shall be promptly
returned to Buyer.
3. Title Insurance. Seller shall, at Seller’s expense, order a commitment for owner's policy of
title insurance issued by Transnation Title Agency (the “Title Company”) in the standard ALTA form,
without the standard printed exceptions, in the amount of the purchase price that shows that Seller has
good and marketable title to the Premises. Buyer represents and warrants that the Title Company is
independent and neither related nor affiliated with Buyer or Buyer’s attorneys.
4. Objections to Condition of Title. Buyer may raise objections to the exceptions,
requirements or encumbrances shown on the commitment at any time prior to expiration of the Inspection
Period (as defined below) by delivering written notice to Seller. If Buyer raises a title objection, Seller
shall have the option of affecting a remedy within thirty (30) days after receipt of the Buyer’s notice. If
Seller does not affect a remedy satisfactory to Buyer, Buyer may elect to close subject to such exception
or encumbrance or, if Buyer elects not to close, Seller or Buyer may terminate this Agreement by written
Purchase Agreement
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notice to the other party to this Agreement. Any exception, requirement or encumbrance shown on the
title commitment which is not objected to by the Buyer during the Inspection Period is deemed accepted
by the Buyer.
5. Proration of Property Taxes and Rents. Real estate taxes and assessments, if any, that first
became or will become due and payable during the calendar year of the Date of Closing (as defined
below) shall be pro-rated on a calendar year basis. All real estate and personal property taxes with respect
to the Premises that first become due and payable on or before the Date of Closing, or which are assessed
retroactively for the period of time prior to the Date of Closing, shall be paid by Seller.
6. Assessments. Seller shall pay any existing special assessments that are due and payable, or a
lien or both, on the Premises at or prior to Date of Closing.
7. Survey. Buyer may obtain a survey of the Premises, and Buyer or Buyer’s surveyor or other
agents may enter the Premises for that purpose prior to Date of Closing. In the event that a survey by a
registered land surveyor made prior to Date of Closing discloses an encroachment or substantial variation
from the presumed land boundaries or area, Seller shall have the option of affecting a remedy within 30
days after disclosure. If Seller does not affect a remedy satisfactory to Buyer, Buyer may elect to close
subject to such encroachment or variation or, if Buyer elects not to close, Seller or Buyer may terminate
this Agreement.
8. Representations and Warranties. The execution and delivery by Seller of the quit claim
deed shall constitute confirmation by Seller that the following representations and warranties are true and
correct as of the Date of Closing, as though made on and as of such time.
Seller represents and warrants to Buyer as follows:
a. Authority. Seller has full authority to enter into and perform this Agreement in
accordance with its conditions, without breaching or defaulting on any obligation or
commitments that Seller has to municipalities, lenders or any third party.
b. Other Agreements. Seller is not a party to any agreement or otherwise bound under
any obligation with any other party who has any interest in the Premises or the right to purchase
or lease the Premises.
c. Entire Interest. Seller's entire interest in the Premises will be transferred to Buyer
on the Date of Closing, free and clear of all liens, encumbrances, charges, and adverse claims,
contractual or otherwise, including any and all mineral, surface and division rights.
d. Litigation. There are no suits, actions, or proceedings pending or, to the best of
Seller's knowledge, threatened, by any party, including governmental authorities or agencies,
against or involving the Premises, or to which Seller is or may become a party in connection with
the Premises.
e. No Violations or Obligations. Except as disclosed in writing to, and accepted by
Buyer, there are, and shall be, no uncured violations or unsatisfied obligations with any
governmental authority, including, without limitation, environmental violations, of any laws,
ordinances, orders, regulations, rules, or requirements of any governmental authority, affecting
the Premises or any part thereof.
f. Accuracy. All statements and information relating to the Premises provided to
Buyer are true and accurate to best of Sellers knowledge.
Purchase Agreement
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g. Brownfield Tax Increment Financing. Seller agrees to work with Buyer to submit
to the City of Muskegon Brownfield Redevelopment Authority an Amendment to the current
Brownfield Plan and Development and Reimbursement Agreement.
h. Commercial Rehabilitation Certificate. Seller agrees to work with Buyer to submit
to the State Tax Commission an application for a Commercial Rehabilitation Certificate not to
exceed a term of 10 years.
Buyer represents and warrants to Seller as follows:
a. Acceptance of Tenant Based Vouchers. Buyer agrees to identify and hold 20%
of the total apartment units in the first phase, which is the development of the existing building on the
Premises, and the second phase, which is vacant land on the Premises fronting Houston Avenue, for
tenants that have been awarded Tenant Based Vouchers by the Muskegon Housing Commission. At the
time of the first occupancy of units, at least 30 days before a voucher-eligible unit is scheduled to become
available, the Buyer must advertise that a voucher-eligible unit is available and refrain from leasing the
unit to market rate applicants. If a qualified voucher holding applicant, as determined by the Buyer, has
applied during the notice period, Buyer shall rent the available unit to the individual with the Tenant
Based Voucher.
b. Once 100% of the voucher-eligible units are occupied by individuals with
Tenant Based Vouchers, Buyer need not advertise that the Buyer has voucher-friendly units.
c. When voucher-eligible occupied units become vacant, Buyer shall be obligated
to advertise for 30 days that a unit is available for an individual with a Tenant Based Voucher and refrain
from leasing the unit to market rate applicants. If a qualified voucher holding applicant, as determined by
the Buyer, has applied during the notice period, Buyer shall rent the available unit to the individual with
the Tenant Based Voucher.
d. If an insufficient number of qualified individuals with Tenant Based Vouchers, as
determined by the Buyer, apply to fill 100% of the voucher-eligible units, then Buyer may rent to market
rate applicants.
e. The acceptance of Tenant Based Vouchers and the obligation to have 20% of the
units be eligible for Tenant Based Vouchers shall last for a term of 20 years from the receipt by Buyer of
Certificate of Occupancy for the first phase of the project. During the 20-year period referred to in the
previous sentence, Buyer shall, upon request of the Seller, provide the Seller with a list of units occupied
by individuals with Tenant Based Vouchers in a format required by Seller. Buyer shall not be required to
provide Seller with tenant names or other personal identifying information.
No Warranty of Premises. Buyer will have an opportunity to inspect all aspects of the Premises,
including its financial and physical condition and its legal status. Seller makes no warranty or
representation regarding the Premises and Buyer waives all implied warranties. Buyer is relying solely on
its own expertise and Buyer’s inspections and investigations made by Buyer pursuant to this Agreement.
Buyer is acquiring the Premises in its “AS IS” condition, without any warranties or representations,
express or implied, concerning the Premises from Seller.
9. Inspection Period.
a. Due Diligence Investigation. Upon Seller’s execution of this Agreement, Buyer and
Buyer’s agents, employees, contractors, and consultants may, prior to the Date of Closing,
conduct such inspections, investigations, appraisals, tests, feasibility studies, and determinations
of the Premises as Buyer, in its sole discretion, shall desire in order to determine that the
condition of the Premises is acceptable and that the Premises is suitable for Buyer's intended uses
(“Due Diligence Investigation”). The Due Diligence Investigation may include, but shall not be
limited to, inquiring as to the existence and/or adequacy of electrical, plumbing, sewer, water and
Purchase Agreement
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other utility services, public services and access; physical condition of improvements, insuring as
to applicable zoning ordinances, use regulations and business codes; conducting soil tests of the
Premises, borings and other engineering and architectural tests; evaluation of the environmental
conditions which exist at the Premises (including, if desired by Buyer, a Phase I and Phase II
environmental site assessment and a baseline environmental assessment) and Seller's compliance
with all applicable state and federal environmental laws and regulations. Buyer shall pay the cost
of the Due Diligence Investigation. The Due Diligence Investigation shall begin on the Effective
Date and shall continue for a period of thirty (30) days (“Inspection Period”). Buyer shall
indemnify Seller and hold Seller harmless from any loss, damage, costs, and expenses (including
reasonable attorney fees) caused by Buyer’s Due Diligence Investigation.
b. Copy to Buyer. Within seven (7) days after the Effective Date, Seller shall provide
Buyer with a copy of any survey, title policy or commitment, and any results, data, or reports of
the environmental condition of the Premises in Seller’s possession or control. Seller
acknowledges that during the Inspection Period or at any time consistent with regulations before
or after Date of Closing, Buyer may make a petition to the Michigan Department of Environment,
Great Lakes and Energy (“EGLE”) for a baseline environmental assessment (“BEA”) adequacy
determination, or at the option of Buyer, may disclose the results of the BEA to EGLE without
such a petition.
10. Right to Terminate. At any time during the Inspection Period, Buyer may, in its sole
discretion, terminate this Agreement by delivering written notice to Seller, and this Agreement shall
thereafter be of no further force or effect.
11. Improvements. Buyer commits to undertake a first phase of development on the existing
building on the Premises and a second phase on vacant land on the Premises fronting Houston. As to the
first phase, Buyer agrees to submit requests for building permits for a mixed-use residential project that
occupies 100% of the first and second floors of the existing building by December 31, 2024, and
substantially complete the project within 24 months of issuance of building permits. As to the second
phase, Buyer agrees to submit plans and apply for building permits for an additional phase of housing
fronting Houston Avenue on the Premises with a minimum of twelve (12) new construction units within
90 days of receiving Certificate of Occupancy on the initial phase. The additional units in the second
phase of development on the Premises shall be substantially complete within 24 months of the issuing of
building permits. Failure to complete the Improvements in the schedule described shall result in a vote of
the Muskegon City Commission to consider the revocation of any approved Tax Abatements awarded to
the Premises by the Muskegon City Commission.
12. Real Estate Commission. Buyer and Seller both acknowledge and agree that neither has
dealt with any real estate agents, brokers, or salespersons regarding this sale, and that no agent, broker,
salesperson, or other party is entitled to a real estate commission upon the closing of this sale.
13. Closing.
a. Date of Closing. Unless the parties otherwise mutually agree, the closing shall be
held within thirty (30) days from the expiration of the Inspection Period (“Date of Closing”). The
closing shall be held at the offices of the Title Company. At closing, Seller shall deliver, or cause
to be delivered to Buyer, actual physical possession of the Premises, free of all tenants or other
occupants.
b. Costs. The costs associated with this Agreement shall be paid as follows:
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i. Seller shall pay all state and county transfer taxes in the amounts
required by law for the conveyance of the Premises;
ii. Seller shall pay the premium for the owner’s policy of title insurance.
Buyer shall pay for any lenders policy of title insurance and the cost of any endorsements to
the owner’s policy requested by Buyer;
iii. Buyer shall pay for the cost of recording the warranty deed;
iv. Seller 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;
v. Buyer and Seller shall each pay one-half of any closing fees charged by
the Title Company;
vi. Each party shall pay its own attorney;
c. Deliveries. At closing, Seller shall deliver:
i. In a form reasonably satisfactory to Buyer and the Title Company, a quit claim
deed to the Premises executed by Seller, subject only to the exceptions that are permitted under
this Agreement;
ii. An affidavit stating that neither Seller nor any of its principals is a “Foreign
Person” within the meaning of IRC Section 1445(f)(3); and
iii. Any additional documents as may be reasonably required by the Buyer or the
Title Company to effectuate the transaction contemplated by this Agreement.
14. Possession. Possession of the Premises will be delivered to Buyer on the Date of Closing
subject only to the possession rights of current occupants if any.
15. Notice. 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) one day after depositing in the custody of a nationally recognized receipted overnight
delivery service with delivery fees prepaid; or (iv) when sent by United States Mail first-class, registered,
or certified mail, postage prepaid and return receipt requested. The notice shall be effective immediately
upon personal delivery or upon transmission of the fax or email; one day after depositing in the custody of
a nationally recognized overnight delivery service and five days when sent by certified mail. Notices shall
be sent to the parties as follows:
To Seller: City of Muskegon
993 Terrace Street
Muskegon, MI 49442
Attn: Jake Eckholm
Email: [email protected]
w/copy to Parmenter O'Toole
601 Terrace Street
Muskegon, Michigan 49440
Purchase Agreement
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Attn: City of Muskegon Attorney
To Buyer: Muskegon Midtown Center, LLC
3265 Walker Avenue NW,
Grand Rapids, MI 49544
Attn: Dave Dusendang
Email: [email protected]
w/copy to:
16. Remedies. The parties acknowledge and agree that it would be difficult to measure actual
damages to either party from a breach by the other party of the covenants, restrictions, representations,
and warranties set forth in this Agreement and that the injury to non-breaching party from any breach
would be incalculable and irremediable and the damages would not therefore in and of themselves be an
adequate remedy. The parties therefore agree that in the event of a breach or default by either party, the
non-breaching party may terminate this Purchase and Sale Agreement or obtain from any court of
competent jurisdiction an injunction to enforce the terms and conditions of this Agreement. Nothing in
this paragraph shall limit either party’s right to pursue any remedy, including money damages for any
breach of this Agreement and specific performance.
17. Miscellaneous.
a. Governing Law and Venue. This Agreement is executed in accordance with, shall
be governed by, and construed and interpreted in accordance with the laws of the State of
Michigan. The exclusive venue for any claim under this Purchase and Sale Agreement is the
Circuit Court for the County of Muskegon or the United States District Court for the Western
District of Michigan.
b. Entire Agreement. This Agreement shall constitute the entire agreement, and shall
supersede any other agreements, written or oral, that may have been made or entered into, by and
between the parties with respect to the subject matter of this Agreement and shall not be modified
or amended except in a subsequent writing signed by the party against whom enforcement is
sought.
c. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
and be enforceable by, the parties and their respective legal representatives, permitted successors
and assigns.
d. Intentionally omitted.
e. Counterparts/Electronic Signatures. This Agreement may be executed in two or
more counterparts, each of which shall be deemed an original as against any party whose
signature appears thereon, and all of which together shall constitute one and the same instrument.
This Agreement shall become binding upon the parties when one or more counterparts,
individually or taken together, shall bear the signatures of all parties. Electronic signatures shall
have the same binding effect as original signatures.
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f. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of such provision on any other occasion or a waiver by such
party of any other provision of this Agreement.
g. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions of this Agreement shall not in any way be impaired or
affected.
h. Assignment or Delegation. Neither party may assign all nor any portion of its
rights and obligations contained in this Agreement without the express written consent of the
other party.
i. Time is of the Essence. Seller and Buyer acknowledge and agree that the time
related provisions set forth herein are critical and essential terms of this Agreement and that time
is of the essence with regard to the transactions contemplated in this Agreement. Failure to
strictly comply with the time related provisions of this Agreement will be considered a breach of
the entire Agreement. If the date for closing, for the delivery of a document, or for giving of a
notice, falls on a Saturday, Sunday or bank holiday, then it shall be automatically deferred to the
next day that is not a Saturday, Sunday or bank holiday.
j. Survival of Representations and Warranties. The representations, warranties,
covenants, and agreements contained in this Agreement and in any instrument provided for in this
Agreement shall survive Closing and continue in full force and effect following the Date of
Closing.
(Signatures appear on following page.)
Purchase Agreement
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Seller: City of Muskegon
By: ____________________________________
Name: Ken Johnson
Title: Mayor
Date: ____________________ ___, 20__
By: ____________________________________
Name: Ann Meisch
Title: City Clerk
Date: ____________________ ___, 20__
Buyer: Muskegon Midtown Center, LLC
By: ____________________________________
Name: David Dusendang
Title: _________________________________
Date: ____________________ ___, 20__
Purchase Agreement
Page 46 of 49
Exhibit A
Legal Description
Premises is situated in the City of Muskegon, County of Muskegon, State of Michigan, legally described
as:
Parcel 1:
Lot 9, except the West 15 feet thereof, all of Lots 10-12, and Lot 13, except a triangular piece in the SE
corner of said Lot 13 commencing at the Southeast corner thence North 3.85 feet, thence Southwesterly to
a point on the Southeasterly line of Lot 13, 3.85 feet West of the Point of Beginning, thence 3.85 feet to
the Point of beginning, Block 350 of the Revised Plat of 1903 of the City of Muskegon, as recorded in
Liber 3 of Plats, Page 71, Muskegon County Records.
Commonly known as 1095 Third Street, Muskegon, MI 49442
Parcel #: 24-205-350-0009-00
Parcel 2:
Lot 1, Block 350 of Revised Plat of 1903 of the City of Muskegon, as recorded in Liber 3 of Plats, Page
71, Muskegon County Records.
Commonly known as 301 W Muskegon Avenue, Muskegon, MI 49442
Parcel #: 24-205-350-0001-00
Purchase Agreement
Page 47 of 49
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 25, 2024 Title: 4th Quarter Budget Reforecast
Submitted by: Kenneth Grant, Finance Director Department: Finance
Brief Summary:
At this time, staff is asking for approval of the 4th Quarter Budget adjustment for the end of fiscal year
2023-24.
Detailed Summary & Background:
Detaials will be attached
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Reliable and efficient short and long term financial
practices
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
MULTIPLE Yes No N/A
Recommended Motion:
To approve the 4th Quarter FY 2023-24 Budget Reforecast as presented by staff.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 48 of 49
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 25, 2024 Title: City Manager's Evaluation
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
Discuss the City Manager's Evaluation
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
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
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 49 of 49
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