City Commission Packet 09-14-2021

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         CITY OF MUSKEGON
          CITY COMMISSION MEETING
           SEPTEMBER 14, 2021 @ 5:30 P.M.
     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.   Financing 100-Foot Mid Mount Tower Ladder Truck        Finance
    C. Increase in General Fund Transfer to Mercy Health Arena and the Public
       Service Building  Finance
    D. Western Avenue ADA Work          Public Works
    E.   Extension of CHOP Contract     Public Works
    F.   Laketon Trail Lighting   Public Works
    G. Police Cruiser Replacement       Public Works
    H. Special Event Fee Waiver Form             Public Works
    I.   Sanford Street and Glenside Phase 2 Engineering Assistance   Public
         Works
    J.   Bulk Sticker Fee Adjustment    Public Works
    K. Amendment to the Floodplain Management Ordinance               Planning
    L.   Sale – 239 Monroe Avenue       Planning
    M. ARP Infill Housing Program       City Manager
    N. Arena Buildout – Carlisle’s      City Manager
    O. Sale – 766 Leonard         Economic Development

                                           Page 1 of 2
    P.   Community Relations Committee Recommendations                                  City Clerk
□    PUBLIC HEARINGS:
    A. 2020 Consolidated Annual Performance Evaluation Report (CAPER)
       Hearing     Community and Neighborhood Services
    B.   Issuance of a Commercial Facilities Exemption Certificate – 441 W.
         Western Avenue Planning
    C. Issuance of a Commercial Facilities Exemption Certificate (New Facility) –
       639 W Clay Avenue     Planning
    D. Issuance of a Commercial Facilities Exemption Certificate (Restored
       Facility) – 639 W Clay Avenue Planning
    E.   Camcar Plastics IFT Public Hearing                  Economic Development
    F.    Sun Dolphin Drive Industrial Space IFT Transfer Public Hearing Economic
         Development
    G. Trace Analytical IFT Public Hearing                   Economic Development
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
►        Reminder: Individuals who would like to address the City Commission shall do the following:
►        Fill out a request to speak form attached to the agenda or located in the back of the room.
►        Submit the form to the City Clerk.
►        Be recognized by the Chair.
►        Step forward to the microphone.
►        State name and address.
►        Limit of 3 minutes to address the Commission.
►        (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.




                                                         Page 2 of 2
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: September 14, 2021         Title: Approval of Minutes

Submitted By: Ann Marie Meisch, MMC                 Department: City Clerk

Brief Summary: To approve the minutes of the August 24, 2021 Regular Meeting.



Detailed Summary: N/A




Amount Requested: N/A                            Amount Budgeted: N/A

Fund(s) or Account(s): N/A                       Fund(s) or Account(s): N/A

Recommended Motion: To approve the minutes.




For City Clerk Use Only:


Commission Action:
       CITY OF MUSKEGON
        CITY COMMISSION MEETING
          AUGUST 24, 2021 @ 5:30 P.M.
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440


                                  MINUTES

The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, August 24, 2021, Mr.
George Munroe, Evanston Avenue Baptist Church, opened the meeting with a
prayer, after which the Commission and public recited the Pledge of Allegiance
to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present:     Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Dan Rinsema-Sybenga, Teresa Emory, Willie German and Michael
Ramsey, Acting City Manager – Finance Director Ken Grant, City Attorney John
Schrier, and City Clerk Ann Meisch.
HONORS, AWARDS, AND PRESENTATIONS:
  A. Introduction of New Farmers Market Manager           City Clerk
The new Farmers Market Manager, Sam Birkenkamp, was introduced to the
Commission and he is excited to be part of the Farmers Market in Muskegon.
PUBLIC COMMENT ON AGENDA ITEMS:              Public comments were received.
2021-78     CONSENT AGENDA:
  A. Approval of Minutes        City Clerk
SUMMARY OF REQUEST: To approve the minutes of the August 9, 2021
Worksession and the August 10, 2021 Regular Meeting.
STAFF RECOMMENDATION:           To approve the minutes.
  B.   Sale – 248 Monroe Avenue       Planning
SUMMARY OF REQUEST: City staff is seeking authorization to sell the City-owned
home at 248 Monroe Avenue to Victoria L. Harthorn and Kim M. Harthorn.
The City constructed this house as part of the phase two of our infill housing
program. Our contract to construct the home was $164,470. We also

                                         Page 1 of 15
anticipated $11,512 in sales commissions. The accepted purchase price is
$177,900. The City will not contribute funds toward closing costs.
STAFF RECOMMENDATION:        Authorize the Code Coordinator to complete the
sale of 248 Monroe Avenue as described in the purchase agreement and to
have the Mayor and Clerk sign the deed.
  E.   Ottawa Street Bridge Removal         Public Works
SUMMARY OF REQUEST: Staff is seeking formal resolution confirming
concurrence for removal of the Ottawa Street Bridge.
Staff is seeking funds from the Michigan Department of Transportation (MDOT)
Bridge Bundle Program. MDOT piloted a Bridge Bundle program last year with
the hopes of reducing the number of critical condition bridges by combining
several bridges into one package. More information about the program and an
online tracking tool can be found here:
https://www.michigan.gov/som/0,4669,7-192-47796-564509--,00.html
 Two bridges within the City of Muskegon have been recommended for inclusion
in the second year of the program, the Ottawa Street bridge and Amity Street
bridge. Staff will continue to provide information to the Bridge Bundle program
as needed. The statement below is from the program administrator, Roger
Safford, via email:
       Since these bridges were initially built to serve the public interest and
       need, local agencies desiring to close them permanently will need to take
       appropriate actions to document this consistent with local poly
       procedures. We will need a certified resolution from the governing body
       along with a formal resolution from any other applicable local agency
       (city, village or township) confirming concurrence for the bridge removal.
The Ottawa Street bridge over the south branch of the Muskegon River is
currently closed to traffic due to deteriorating conditions that have rendered it
unusable. The bridge was previously investigated for reconstruction with an
estimated cost of $2M+. Upon closure the City constructed a new entrance to
Richards Park which has restored access to all properties and allowed for the
bridge to be rendered unnecessary.
In addition to the bridge removal resolution a modification to our Act 51 map
will be required to reflect the shortening of the street. The second resolution
modified the end point of Ottawa Street and will be required during our next
annual Act 51 Map update cycle in April.
Staff is recommending approval of both resolutions related to Ottawa Street.
STAFF RECOMMENDATION:           Approve the Ottawa Street Bridge Removal
Resolution and approve the Ottawa Street Decertification/Vacation Resolution
and authorize the Clerk to sign both resolutions.


                                         Page 2 of 15
  F.   H92102 Wood Street, Apple to Marquette – Milling and Resurfacing      Public
       Works
SUMMARY OF REQUEST: Authorize the award of the H92102 Wood Street, Apple
to Marquette contract to the low bidder, McCormick Sand Inc.
Staff solicited bids for milling and resurfacing of Wood Street, from Apple to
Marquette.
Bids received are as follows:
   •   $381,081.25 – McCormick Sand
   •   $387,554.73 – Wadel Stabilization
The project would be constructed during the 2021-22 construction season.
AMOUNT REQUESTED:         $381,081.25         AMOUNT BUDGETED:         $500,000
FUND OR ACCOUNT:          202-92102
STAFF RECOMMENDATION:        Approve the award of H92102 Wood Street,
Apple to Marquette contract to the low bidder, McCormick Sand Inc. in the
amount of $381,081.25.
  G. MDEGLE Grant Assistance            Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to approve the
Professional Services Agreement with Prein & Newhof to provide comprehensive
engineering services for administration and execution of portions of a Drinking
Water Asset Management Grant that was recently awarded to the City of
Muskegon by the Michigan Department of Environment, Great Lakes, and
Energy.
Prein & Newhof assisted the City in submittal of a successful grant application to
the State of Michigan Department of Environment, Great Lakes and Energy
through their Drinking Water Asset Management Program. The City of Muskegon
has been awarded $898,840.00 through the program.
Work covered by the grant will include a large number of important items
related to the City’s Drinking Water System a few of the highlights are as follows:
   •   Updates to the GIS (Geographic Information System) mapping for the
       city’s water system to include precise GPS locations for all hydrants and
       valves in the city.
   •   Completion of our Distribution System Materials Inventory, required by the
       state in 2025 to physically verify the status of our lead service lines.
   •   Inventory and inspection of major Water Filtration Plant Assests.
   •   Update to the City Water Asses Management Plan which helps guide our
       investments in the water system to the best possible uses.


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   •   Purchase of updated equipment to provide remote access to the GIS
       mapping information via truck mounted laptops for several water
       department vehicles.
   •   An updated rate study for the city water rates.
City crews will also self-perform approximately $200K work of work under this
grant in the form of in-kind work to complete the physical investigations.
The water fund budget will be updated in a future reforecast to show this
expense and the anticipated grant revenue. The outcome of the grant was
uncertain at the time of the original budget creation.
AMOUNT REQUESTED:        $689,200.00           AMOUNT BUDGETED:       $0
FUND OR ACCOUNT:         591
STAFF RECOMMENDATION:         Authorize staff to sign the professional services
agreement with Prein & Newhof to provide Engineering Services for the
administration and execution of the Drinking Water Asset Management Grant
that was awarded to the City by the State of Michigan Department of
Environment, Great Lakes and Energy.
  H. Beukema Playground         Public Works
SUMMARY OF REQUEST: Staff is seeking approval to contract with American
Athletix to construct a new playground at Beukema Park.
As a follow-up to the discussions at the May 10th, 2021 Commission Meeting staff
solicited proposals for new playgrounds at Reese and Beukema Parks. Seven (7)
proposals were received and staff reviewed each proposal and shortlisted three
(3) options for each site. The top three proposals for each site were posted for
public voting and feedback via Facebook and Bang the Table which was
closed to voting on Friday, August 13th.
The result of the public voting for Beukema resulted in 92 total votes with 44%
being cast for the American Athletix design (Option#3); with the other two
options receiving 29% and 27% respectively.
In addition to public feedback staff solicited feedback from Disability Network
West Michigan (DNWM) on all of the designs. For Beukema Park DNWM greatly
preferred Option #1 due to the poured in place rubber surfacing and inclusion
of ramped access to components of the playground. Options #2 and #3 met
minimum ADA requirements, but did not provide rubber surfacing or ramped
access.
A price proposal from American Athletix shows a cost of $122,639.00.
Given the disparity between the public selection and the recommendation of
DNWM, Staff is recommending that we contract with American Athletix but that
we request design modifications to incorporate a poured rubber or tile surfacing

                                         Page 4 of 15
in lieu of engineering wood fiber and that we modify the play structure designs
to incorporate ramp access.
These changes will result in an increased price above the provided quote. To
that end, staff is requesting a contracting limit of $165,000 in total on the
Beukema Park Playground. That amount shall be inclusive of the noted changes
to improve the ADA access. If the changes cannot be accomplished within that
budget staff will return the item for further Commission consideration.
American Athletix is the only vendor to submit a proposal located within the City
of Muskegon.
A budget line item was not established in the original 21/22 budget for these
projects, however, it was previously discussed at the May 10, 2021 Commission
Meeting to target spending $900K between Reese and Beukema Parks. If
approved, a budget line item will be added during the 1st Quarter Reforecast.
Total requested between the two park designs is a maximum of $530,000.00
depending upon options.
AMOUNT REQUESTED:          $165,000              AMOUNT BUDGETED:    $0
FUND OR ACCOUNT:           101
STAFF RECOMMENDATION:        Authorize staff to contract with American Athletix
on a new playground for Buekema Park inclusive of the note ADA improvements
in an amount not to exceed $165,000.
  J.   DPW Vehicle Replacement          Public Works/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase fifteen (15) new fleet vehicles to replace existing vehicles.
We are requesting permission to purchase the following:
       •   F-350 Construction Trucks (3 EA – 1 Highway/1 Traffic/1 Water & Sewer)
       •   F-450 Dump Trucks (2EA – 1 Highway1 General Use)
       •   F-250 water/Sewer Dept. (4 EA – 4 Water & Sewer)
       •   F-250 Parks Dept. (3 EA – Parks)
       •   2500 HD Fleet Vehicles (3 EA – DPW Supervisor Vehicles)
These purchases are for replacements to existing vehicles, no net increase in the
number of vehicles maintained is proposed. The existing vehicles being
replaced vary in age from 1994 thru 2011. Existing vehicles will be handed down
to season use and/or placed on the auction site (Biddergy.com) for sale. These
new vehicles will be purchased through Gorno Ford and Berger Chevrolet the
Mi-Deal State contract holders.
This purchase will total $476,131.00 coming from the Equipment budget. 11 of
these vehicles were budgeted within the 2021/22 Budget and 4 were budgeted

                                              Page 5 of 15
within the 2020/21 Budget but were unable to be purchased at that time due to
vehicle shortages. The 21/22 budget will be reforecast in the 1st quarter
reforecast to reflect the carryover vehicles from the 2020/21 Budget.
AMOUNT REQUESTED:        $476,131.00         AMOUNT BUDGETED:         $476,131.00
FUND OR ACCOUNT:         661-60932-5730
STAFF RECOMMENDATION:         Authorize staff to purchase fifteen (15)
replacement vehicles for DPW.
  K. Water Filtration Plant Fencing    Public Works/Filtration
SUMMARY OF REQUEST: Staff is seeking approval of a contract with Fence
Consultants for a total of $38,545.86 for the replacement of the fencing and the
cantilever gate on the east side of the Water Filtration Plant property.
The fencing on the west and north sides of the Water Filtration Plant property
was replaced in 2018. The fencing along the east side of the Water Filtration
Plant property was not replaced as part of this project and it is corroding and
showing its age. The existing cantilever gate is breaking frequently, and while
repairs have prolonged its use, a long-term solution is required.
This proposal includes installation of new chain link fencing a new cantilever
gate with modern safety features. The base bid for this proposal includes the
removal of the existing fencing and the installation of aluminized chain link
fencing and gates. An alternate bid was requested by staff for the additional
cost of using black vinyl coated chain link materials in place of the aluminized
chain link fencing.
Staff issued a public notice for formal competitive bids. Two fencing contractors
attended the pre-bid meeting at the Water Filtration Plant. Fence Consultants
was the only contractor to submit a bid. The requested amount of $38,545.86
includes the base bid of $34,504.95 for removal and installation of aluminized
fencing materials plus an additional $4,040.91 to upgrade from aluminized chain
link fencing to black vinyl coated chain link fencing. Two additive bids for the
replacement of fencing along the south side of the Water Filtration Plant
property will not be awarded at this time and will be included as part of future
projects. This project was budgeted as part of the capital improvements at the
Water Filtration Plant for FY 2021-22.
AMOUNT REQEUSTED:        $38,545.86          AMOUNT BUDGETED:         $40,000.00
FUND OR ACCOUNT:         591-92034-5346
STAFF RECOMMENDATION:            Authorize staff to contract with Fence
Consultants for a total of $38,545.86 for the replacement of the fencing and
gate on the east side of the Water Filtration Plant property.
  L.   Approval of Abatement and Building Contractors – 769 Catawba Avenue
       Community and Neighborhood Services

                                          Page 6 of 15
SUMMARY OF REQUEST: To award the Building Contracts for the lead
abatement and rehabilitation of 769 Catawba Avenue. Badgerows Building and
Remodeling – Randall Badgerow for lead; and the rehabilitation to Custom
Exteriors, LLC – Mike Murphy for the City of Muskegon’s Homebuyers Program.
The Lead Abatement Contract for 769 Catawba had two bidders - Randall
Badgerow, Badgerow’s Building and Remodeling, 607 S. Lafayette, Greenville,
MI 48838 MDHHS Lead CHIP Abatement contractor since 2019.
The Rehabilitation Contractor for 769 Catawba Avenue had two bidders – Mike
Murphy, Custom Exteriors, LLC, 1541 Brooks Road, Muskegon, MI 49442 – Local
Building Contractor new construction/rehab since 2010
AMOUNT REQUESTED:       $99,864.00         AMOUNT BUDGETED:        $110,000
FUND OR ACCOUNT:        HOME Program 2020
STAFF RECOMMENDATION:         To award Badgerows Building and Remodeling
the lead abatement contract for 769 Catawba in the amount of $10,600; and
award Custom Exteriors LLC the rehabilitation contract in the amount of $89,264
for the Community and Neighborhood Services Office Homebuyers Program.
  M. Approval and Abatement and Building Contractors – 548 E Dale Avenue
     Community and Neighborhood Services
SUMMARY OF REQUEST: To award the Building Contracts for the lead
abatement and rehabilitation of 548 E. Dale Avenue. Across the Board LLC –
Marvin Van Oosten for lead and the rehabilitation to Custom Exteriors LLC – Mike
Murphy for the City of Muskegon Homebuyers Program.
The Lead Abatement Contract for 548 E. Dale Avenue has two bidders. Marvin
Van Oosten, Across the Board LLC, 921 VO’s Place, Allegan, MI 49010 – Lead
Abatement since 2010/Secion 3 Contractor/MDHHS Lead CHIP Program
Tehabilitation Contractor for 548 E. Dale Avenue had two bidders. Mjke Murphy,
Custom Exteriors, LLC, 1541 Brooks Road, Muskegon, MI 49442 – Local Building
Contractor new construction/rehab since 2010
AMOUNT REQUESTED:       $97,258.00         AMOUNT BUDGETED:        $120,000
FUND OR ACCOUNT:        HOME Program 2020
STAFF RECOMMENDATION:         To award Across the Board LLC the lead
abatement contract for 548 E. Dale Avenue in the amount of $17,290 and
award Mike Murphy the rehabilitation contract in the amount of $78,568 for the
Community and Neighborhood Services Office.
Motion by Commissioner Johnson, second by Commissioner German, to accept
the consent agenda as presented, except items C, D, I, and N.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
           Rinsema-Sybenga

                                        Page 7 of 15
            Nays: None
MOTION PASSES
2021-79     REMOVED FROM CONSENT AGENDA:
  C. Solid Waste Ordinance Amendment City Manager
SUMMARY OF REQUEST: Staff is seeking approval of an amendment to Chapter
70, Article II of the Code of Ordinances in coordination with the revised
Sanitation Policy. The newly adopted Sanitation Policy includes revised times
when refuse collection carts can be placed at the curb. Staff is seeking a
change to the Solid Waste ordinance to match the new standards.
STAFF RECOMMENDATION:         To amend and adopt Chapter 70, Article II,
Section 31(a) of the Code of Ordinances for Solid Waste.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to amend and adopt Chapter 70, Article II, Section 31(a) of the Code of
Ordinances for Solid Waste.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
           Sybenga, and Emory
            Nays: None
MOTION PASSES
  D. Amity Avenue Bridge Removal           Public Works
SUMMARY OF REQUEST: Staff is seeking formal resolution confirming
concurrence for removal of the Amity Avenue Bridge.
Staff is seeking funds from the Michigan Department of Transportation (MDOT)
Bridge Bundle Program. MDOT piloted a Bridge Bundle program last year with
the hopes of reducing the number of critical condition bridges by combining
several bridges into one package. More information about the program and an
online tracking tool can be found here:
https://www.michigan.gov/som/0,4669,7-192-47796-564509--,00.html
Two bridges within the City of Muskegon have been recommended for inclusion
in the second year of the program, the Ottawa Street bridge and Amity Street
bridge. Staff will continue to provide information to the Bridge Bundle program
as needed. The statement below is from the program adminstrator, Roger
Safford, via email:
      Since these bridges were initially built to serve the public interest and
      need, local agencies desiring to close them permanently will need to take
      appropriate actions to document this consistent with local policy
      procedures. We will need a certified resolution from the governing body
      along with a formal resolution from any other applicable local agency
      (city, village or township) confirming concurrence for the bridge removal.

                                       Page 8 of 15
The Amity Avenue bridge was constructed to allow the railroad to pass
underneath, the railroad is abandoned and has rendered the bridge
unnecessary. As part of this program, MDOT will fully fund the bridge removal.
The City will be responsible to provide a matching project to reconnect the road
after the bridge removal. It is worth noting, the street will be closed for a period
of time until the city can reconstruct the roads at grade.
Staff is recommending approval of the resolution to remove the Amity Avenue
Bridge.
STAFF RECOMMENDATION:          Approve the Amity Avenue Bridge Removal
Resolution and authorize the Clerk to sign.
Motion by Commissioner German, second by Vice Mayor Hood, to approve the
Amity Avenue Bridge Removal Resolution and authorize the Clerk to sign.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
           and Johnson
            Nays: None
MOTION PASSES
  I.   Reese Playground         Public Works
SUMMARY OF REQUEST: Staff is seeking approval to contract with Sinclair
Recreation to construct a new playground at Reese Park.
As a follow-up to the discussion at the May 10, 2021 Commission Meeting staff
solicited proposals for new playgrounds at Reese and Beukema Parks. Seven (7)
proposals were received and staff reviewed each proposal and shortlisted three
(3) options for each site. The top three proposals for each site were posted for
public voting and feedback via Facebook and Bang The Table which was
closed to voting on Friday, August 13th.
The result of the public voting for Reese resulted in 88 total votes with 52% being
cast for the Sinclair Recreation design (Option#3) with the other two options
receiving 30% and 18% respectively.
In addition to public feedback staff solicited feedback from Disability Network
West Michigan (DNWM) on all of the designs. For Reese park DNWM greatly
preferred Option #3 due to providing the highest percentage of ramp access.
26/28 features are accessible via ramps which well exceeds the minimum
standards. The design also provides poured in place rubber surfacing which
increases access to the 20 ground level features.
A price proposal from Sinclair recreation is included at a cost of $323,600.00
For this site the public voting and DNWM recommendations both selected the
same design. Staff has worked with Sinclair Recreation in the past and is
comfortable they can successfully deliver this project.

                                          Page 9 of 15
One point of not which is often discussed is that the selected design did not
provide an option for swings. If swings are desired the design cold be modified
to incorporate a swing set at an additional cost. Staff is supportive of either
option and would request a budget of $365,000 to modify the design to
incorporate a swingset.
A budget line item was not established in the original 21/22 Budget for these
projects, however it was previously discussed at the May 10, 2021 Commission
Meeting to target spending $900K between Reese and Beukema parks. If
approved a budget line item will be added during the 1st Quarter Reforecast.
Total requested between the two park designs is a maximum of $530,000
depending upon options.
AMOUNT REQUESTED:        $323,600 (No Swings)      AMOUNT BUDGETED: $0
                         $365,000 (With Swings)
FUND OR ACCOUNT:         101
STAFF RECOMMENDATION:       Authorize staff to contract with Sinclair
Recreation on a new playground for Reese Park in an amount not to exceed
$365,000.
Motion by Commissioner Johnson, second by Commissioner Emory, to authorize
staff to contract with Sinclair Recreation on a new playground for Reese Park in
an amount not to exceed $365,000.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           and Gawron
            Nays: None
MOTION PASSES
  N. Revision to Municipal Senior Millage Funding Allocations       CNS
SUMMARY OF REQUEST: Request to approve the re-allocation of Municipal
Senior Millage Funding for the City of Muskegon Programs. The Senior Power of
Produce program at the Muskegon Farmers market was allocated $15,000 in
April. The Program started July 13, 2021 and the funds have been depleted. Staff
is requesting that the allocation for the Muskegon County Senior Millage Home
Repair program be reduced by $20,000 and that those funds be re-allocated to
the Senior Power of Produce program. Staff has reviewed the position of fund for
Home Improvements and feel confident that this is in the best interest of
Muskegon County senior citizens.
STAFF RECOMMENDATION:         To revise the allocation of Municipal senior
Millage funding to reduce the allocation to Muskegon County Senior Millage
Home Repair by $20,000 and to re-allocate those funds to the Senior Power of
Produce program at the Muskegon Farmers Market.


                                        Page 10 of 15
Motion by Commissioner Emory, second by Commissioner Rinsema-Sybenga, to
revise the allocation of Municipal Senior Millage funding to reduce the
allocation to Muskegon County Senior Millage Home Repair by $30,000 and to
re-allocate those funds to the Senior Power of Produce program at the
Muskegon Farmers Market.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           Gawron, and Hood
            Nays: None
MOTION PASSES
2021-80     PUBLIC HEARINGS:
  A. Revocation of IFT – 441 W. Western Avenue           Planning
SUMMARY OF REQUEST: Pigeon Hill Brewing Company has requested to revoke
the Industrial Facilities Exemption Certificate at the 441 W. Western facility in
order to convert the building into commercial use.
STAFF RECOMMENDATION:            To approve the revocation of the Industrial
Facilities Exemption Certificate No. 2015-272 at 441 W. Western Avenue
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to approve the
revocation of the Industrial Facilities Exemption Certificate No. 2015-272 at 441
W. Western Avenue
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
           and Ramsey
            Nays: None
MOTION PASSES
2021-81     UNFINISHED BUSINESS:
  A. Pedicab Ordinance         City Clerk – TABLED FROM 8/10/21 TO 8/24/21
SUMMARY OF REQUEST: City Commission is being asked ton consider an
ordinance to allow and regulate Pedicabs. City Commission is also being asked
to consider an amendment to allow consumption or possession of alcoholic
liquors in parks and playgrounds while participating in a pedicab.
The City has been approached by a person wishing to operate a party bike.
Staff has worked with the city attorney and is proposing the Pedicab ordinance
presented as well as an amendment to Chapter 58 Article I to allow
consumption or possession of alcoholic liquors in parks and playgrounds while
participating in a pedicab.
STAFF RECOMMENDATION:        To adopt a new ordinance allowing and
regulating Pedicabs and to amend Chapter 58 Article I of the City Code of

                                         Page 11 of 15
Ordinances to allow consumption or possession of alcoholic liquors and
playgrounds while participating in a pedicab.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to adopt a new ordinance allowing and regulating Pedicabs and to amend
Chapter 58 Article I of the City Code of Ordinances to allow consumption or
possession of alcoholic liquors and playgrounds while participating in a
pedicab.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
           and German
             Nays: None
MOTION PASSES
  B.    Request for Proposal Approval for YEP       Community and
       Neighborhood Services
SUMMARY OF REQUEST: Community and Neighborhood Services is requesting
permission to grant funds of $20,000 to Community enCompass for their YEP
Project which provides youth with work and educational experience.
STAFF RECOMMENDATION:       To approve the agreements with Bethany
Housing Ministries dba Community enCompass.
This item was brought before the City Commission on June 8, 2021. The
Community and Neighborhood Services Department allowed organizations
to request funds from their Community Development Block Grant for various
eligible programs. Bethany Housing Ministries dba Community enCompass
applied for funds for their Youth Empowerment Project (YEP) for work and
educational experiences throughout the year. Commissioner Ramsey is
employed by Community EnCompass and did disclose a Conflict of Interest,
as required by HUD Guidelines. The Conflict Statement was posted on the
city’s website and the city’s Facebook page and the conflict was stated in
the minutes. However, HUD requires that the nature of the conflict also be
disclosed on the agenda, in the minutes, and that there be discussion at the
meeting regarding the conflict.
Because the Conflict of Interest was not disclosed to the HUD specified
guidelines, this item is being brought back before the City Commission for
consideration. For our August 24, 2021 meeting, the Conflict of Interest
Statement from Commissioner Michael Ramsey was posted on the City’s
website and a link to the Conflict Statement was posted to the City’s Facebook
page on August 17, 2021. Commissioner Ramsey is employed by Community
enCompass and has disclosed a conflict of interest which arises because
Michael Ramsey is either in a decision-making position or in a position to gain
inside information and the conflict must be disclosed when there is a financial
benefit. Commissioner Ramsey will recuse himself from voting on this item due to

                                         Page 12 of 15
the stated conflict. This item must receive six affirmative votes to pass.
AMOUNT REQUESTED:         $20,000             AMOUNT BUDGETED:          $20,000
FUND OR ACCOUNT:          CDBG 2019
     *Commissioner Michael Ramsey has disclosed a Conflict of Interest on this
     item as he is employed by Community enCompass. A conflict of interest
     arises because Michael Ramsey is either in a decision-making position or in
     a position to gain inside information and the conflict must be disclosed
     when there is a financial benefit. Commissioner Ramsey will recuse himself
     from voting on this item due to the state conflict. This item must receive six
     affirmative votes to pass. The Conflict Statement was posted to the City of
     Muskegon’s website (shorelinecity.com) and a link to the Conflict
     Statement was posted to the City of Muskegon Government Facebook
     page on August 17, 2021.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve the agreements with Bethany Housing Ministries dba Community
enCompass.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, German, and Rinsema-
           Sybenga
             Nays: None
             Recused: Stated Conflict of Interest as noted above:       Ramsey
MOTION PASSES
  C. Motion to Remove Rezoning of 1128 Roberts Street from the Table         City
     Clerk
SUMMARY OF REQUEST: At the City Commission Meeting held July 27, 20921 this
item was tabled indefinitely. This item is back on the agenda for tonight and
needs to be removed from the table.
STAFF RECOMMENDATION:            To remove the item of Rezoning of 1128 Roberts
Street from the table for further consideration.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Emory,
remove the item of Rezoning of 1128 Roberts Street from the table for further
consideration.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
           Sybenga, and Emory
             Nays: None
MOTION PASSES
  D. Rezoning of 1128 Roberts Street          Planning
SUMMARY OF REQUEST: Request to rezone the property at 1128 Roberts Street

                                           Page 13 of 15
from R-1 Single-Family Residential Low Density to MC Medical Care, by Fresh
Coast Alliance.
The Planning Commission unanimously (8-0, one absent) recommended
approval of the rezoning and also unanimously approved the special use
permit, contingent upon the rezoning approval by the City Commission.
The case was tabled at the July 27 City Commission meeting. The Commission
requested to prepare a separate agreement that would limit intensive medical
zoning uses at the location.
STAFF RECOMMENDATION:          To approve/deny the request to rezone the
property at 1128 Roberts Street from R-1 Single-Family Residential Low Density to
MC Medical Care.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Emory, to
approve the request to rezone the property at 1128 Roberts Street from R-1
Single-Family Residential Low Density to MC Medical Care and to approve the
Conditional Rezoning Agreement.
      2nd Motion Motion by Commissioner German, second by Commissioner
      Ramsey, to table this item until September 28, 2021 to allow more time for
      community dialogue and to flesh out misconceptions about the program.
      ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory,
                 Johnson, Gawron
                   Nays: None
      MOTION PASSES
2021-82     ANY OTHER BUSINESS:
  A. Gift Card Committee Update       Development Services
SUMMARY OF REQUEST: The Committee has not met in several months, but staff
have been working on the strategy as agreed upon and have some updates to
share. The committee last met before the most recent surge of Covid-19 and
agreed that it was not the appropriate time to inquire about any restaurants
refunding any gift card purchases, though this remains an option going forward.
We have been working with several private sector partners that are supportive
of the program in an effort to “sponsor” a percentage of the total gift card
value, effectively buying them and not using them. This would allow the City to
sell the remaining cards to the public at a reduced rate, passing on that
sponsorship to people who would use the gift cards. We would release these
sales in several phases over the coming months/years, so as not to flood the
market with comped business for the restaurants. We also propose continuing to
allow staff to use them as costs offsets for the city, such as buying meals for
election worker training and other functions where the organization provides
meals. At this time, we are working on getting signatures on a letter of intent

                                         Page 14 of 15
from donors towards the sponsorship program.
Commissioner Johnson hasn’t seen the ARPA Home Infill Program RFQ on the
City website and suggested possibly extending the deadline. Director Eckholm
showed him where to find it on the website where it was published.
Commissioner Johnson would like to discuss the AMI Cap at a future Worksession
meeting. Commissioner Johnson would also like to get an update on the sewer
fund and the forecast to be able to roll back the 20% increase since infiltration
has been reduced as water levels recede. Commissioner Johnson inquired
about the status of the Lakeside Social District.
Commissioner German asked Director Evans about trees at Myrtle & Murphy.
PUBLIC COMMENT ON NON-AGENDA ITEMS:                Public comments were
received.
ADJOURNMENT: The City Commission adjourned at 9:05 p.m.


                                     Respectfully Submitted,




                                     Ann Marie Meisch, City Clerk - MMC




                                        Page 15 of 15
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: September 14,                Title: Financing a 100-foot Mid Mount Tower
2021                                                  Ladder Truck

Submitted By: Kenneth Grant                           Department: Finance

Brief Summary: At this time, we are seeking authorization to enter into a lease agreement with
Team Financial for the purchase of a 100-foot Mid Mount Tower Ladder Truck.



Detailed Summary: At the August 10, 2021 City Commission meeting the Commission voted to
purchase two Fire Trucks. By the end of September, the 100-foot Mid Mount Tower Ladder Truck
will be ready to purchase for $1,370,873. At this time, we are seeking authorization to enter into a
lease agreement with Team Financial. The proposed terms are for a five-year lease at 1.78%
interest rate with the City purchasing the truck at the end of the lease for $1. There is a one time
$500.00 processing fee.



Amount Requested: $1,370,873.00                      Amount Budgeted: $286,740.00 for 5 years



Fund(s) or Account(s): General                       Fund(s) or Account(s):101-50336-5700

Recommended Motion: To approve the lease agreement with Team Financial.



Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
 FINANCING PROPOSAL September 7, 2021
 Prepared for: City of Muskegon                                        Prepared by: Team Financial Group

 EQUIPMENT:

  Pierce Mfg. Ascendant 100' Mid Mount Tower Ladder Truck




 PAYMENT STRUCTURE:

 Payments are due monthly and are payable in arrears.


                                                                                                   Payments Due at
                  Amount                 Term              Payment           Purchase Option                                  Fee
                                                                                                      Closing
   ◯           $1,370,873.00              60              $23,895.00             $1 Out                   0                  $500
   ◯           $1,370,873.00              84              $17,442.00             $1 Out                   0                  $500


                  Rate for 60 Month is 1.78%
                  Rate for 84 Month is 1.90%




 END OF TERM OPTIONS:

 At the end of the term, if the account is current and all terms have been met, you may elect from the following options:
          Purchase the equipment for the Option listed above
          If applicable, continue to rent the equipment on a monthly basis from TFG
          If applicable, return the equipment to a location designated by TFG

Documentation Fee: The fee quoted above is due at the time of closing.
Credit approval conditions: This proposal, including structure and pricing, is subject to credit approval and is valid for 45 days.


 Accepted By:                                                               Term Option:




  Print Name                                                   Sign                                             Date
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: September 14, 2021           Title: Increase in General Fund transfer to
                                                      the Mercy Health Arena and the Public
                                                      Service Building

Submitted By: Kenneth Grant                           Department: Finance

Brief Summary: The Mercy Health Arena fund and the Public Service Building fund require a larger
transfer from the General fund then what was budgeted to prevent a deficit. Mercy Health Arena
needs an additional $25,000 transferred from the General Fund and the Public Service Building
needs an additional $425,000 transferred from the General Fund.



Detailed Summary: Based on financial results for the fiscal year end June 30, 2021 the Mercy
Health Arena and the Public Service Building fund required a larger transfer from the General Fund
then what was budgeted in the 4th quarter reforecast, to prevent a fund deficit. The Mercy Health
Arena fund needs to be increased from $700,000 to $725,000 and the Public Service Building fund
needs to be increased from $200,000 to $625,000.



Amount Requested: $1,350,000                         Amount Budgeted: $900,000

Fund(s) or Account(s): 101,254,642                   Fund(s) or Account(s): 101,254,642

Recommended Motion: To approve the increase to the General Fund transfers for the Mercy
Health Arena to $725,000 and the Public Service Building to $625,000.



Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: September 14th,                 Title: Western Avenue ADA Work
2021

Submitted By: Leo Evans                                  Department: Public Works

Brief Summary:
Staff is requesting authorization to partner on several projects along Western Avenue to improve the
ADA Access throughout the corridor.


Detailed Summary:
The City Commission allocated $200,000 towards ADA work in the FY 21/22 budget as shown in line
101-91116. City staff is proposing a series of partnerships along Western Avenue to enhance the
accessibility and pedestrian experience along the corridor.

Frauenthal
The Frauenthal is underway installing a snow melt system on the sidewalk in front of the Frauenthal
and the Hilt Building as a part of their capital project which also includes replacing the ceiling of the Hilt
Building basement which is under the sidewalk. The snowmelt system will be installed, operated and
maintained by the Frauenthal at no cost to the City. Staff is seeking permission to allocate $120,000
towards the cost of removing and replacing the existing sidewalk in partnership on the project.

Staff is seeking to utilize the remaining $80,000 towards two projects along Western Avenue and
possibly supplement with additional Major Street dollars if necessary. An exact split between these
two is yet to be determined.

3rd – 4th Block (West Half)
This project will involve removal of several parallel parking spaces along Western Avenue and
widening the sidewalk. Instead of a barrier curb a gutter will be placed along the edge of the roadway
allowing for the area formerly used by the parallel parking spaces to be either used as additional
pedestrian space and/or parallel parking spaces. This is a half-block long model similar to what the
City of Detroit completed on Bagley Street - https://detroit.curbed.com/2020/1/16/21068713/bagley-
street-mexicantown-detroit-shared-street The goal is to create a barrier free interface from building
face to building face that can be used as the situation dictates. This would be a trial concept to prove
the notion for later use on a large scale.

1st – 2nd Block (West Half / North Side)
This project would be a partnership with the Leonard to eliminate several angle parking spaces on
Western in front of the Leonard, and several parallel spaces along 2nd Street adjacent to The Leonard.
The goal of this project would be to offer increased pedestrian and plaza space for use as social
district space, and/or in conjunction with a future restaurant type operation located on the ground floor
of The Leonard.
In all of these projects the split of this $200,000 may not fully fund the project and additional funds may
be required. This proposal is just the first step in funding each of these projects.


Amount Requested: $200,000                              Amount Budgeted: $200,000

Fund(s) or Account(s): 101-91116                        Fund(s) or Account(s): 101-91116

Recommended Motion:
Authorize staff to utilize the $200,000 allocation for ADA Projects in partnership with multiple projects along
Western Avenue.


Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
                                                                                                                                                                                                                                   Frauenthal Snowmelt System -
                                                                                                                                                                                                                                   Preliminary                                                                                                                                                                                                                                                                                                                                           DISCLAIMER:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Note: Details of the tubing bend radius have
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         been simplified for clarity. Consult tubing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         manufacturer for specific bend radius
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         recommendations.




                                                                                                                                                      Circuit A-12
                                                                                                                                                      322 ft @ 9 in
                                                                                                                                                      Flow: 2.87 USGPM
                                                                                                                                                      ΔT: 30 °F




                                                                                                                                               Circuit A-13
                                                                                                                                               332 ft @ 9 in
                                                                                                                                               Flow: 3.00 USGPM
                                                                                                                                               ΔT: 30 °F




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    THEATER-DHE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MUSKEGON
                                                                                                                                                                                                   Manifold 3
                                                                                                                                                                                                   (135.7 °F)


                                                                                                                                           Circuit A-14
                                                                                                                                           312 ft @ 9 in
                                                                                                                                           Flow: 2.87 USGPM
                                                                                                                                           ΔT: 30 °F




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               CUSTOMER:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         PROJECT:
                                                                                                                                               Circuit A-15
                                                                                                                                               326 ft @ 9 in
                                                                                                                                               Flow: 3.09 USGPM
                                                                                                                                               ΔT: 30 °F




                                    Manifolds

  Name       # Circuits   Tubing Size     HeightAboveFloor   Circuit Length
                                                                   [ft]

Manifold 1       6           3/4"                3             308 - 334




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         PROJECT NO.:
Manifold 2       5           3/4"                3             315 - 336

Manifold 3       5           3/4"                3             312 - 332

Manifold 4       7           3/4"                3             173 - 362

Manifold 5       7           3/4"                3             270 - 286


                                                                                                                                                      Circuit A-16
                                                                                                                                                      324 ft @ 9 in
                                                                                                                                                      Flow: 3.16 USGPM
                                                                                                                                                      ΔT: 30 °F




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         SCALE:

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         1/32"=1'
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         DRAWING NAME:

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         P1 (Snow Melt)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         DRAWN BY:
                                                                              Circuit A-30
                                                                              255 ft @ 9 in
                                                                              Flow: 2.46 USGPM
                                                                              ΔT: 30 °F
                                                                                                                                                                                                                    Manifold 4
                                                                                                                                                                                                                    (135.7 °F)

                                                                                                                                                                                                                                                                                                                            Snow Melt
                                                                                                                                                                                                                                                                                                                            Design:162.1 Btu/(hr·ft²)
                                                                                                                    Circuit A-26                                                                                                                                                                                            Backloss:12.4 Btu/(hr·ft²)
                                                                                                                    250 ft @ 9 in                                                                                                                                                                                           Total:174.6 Btu/(hr·ft²)
                                                                                                                    Flow: 2.45 USGPM
                                                                                                                    ΔT: 30 °F                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Created Using LoopCAD 2020 20.0.0080 (1/6/2021)
                                                                                                 Circuit A-25
                                                                                                 362 ft @ 9 in




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         DATE:
                                                                                                 Flow: 3.56 USGPM
                                                                                                 ΔT: 30 °F


                                                                                                                                                                                                                                                                                                               Manifold 5
                                                                                                                                                                                                                                                                                                               (135.7 °F)




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         1/6/2021
                                                                                                                                                                                                                                                                                                                                                                                                                  Manifold 1
                                                                                                                                                                                                                                                                                                                                                                                                                  (135.7 °F)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Manifold 2
                                                                                                                                                                                                                Circuit A-24                                                                                                                                                                                                                                                                                                                             (135.7 °F)
                                                                                                                                                                                                                173 ft @ 9 in
                                                                                                                                                                                                                Flow: 1.71 USGPM
                                                                                                                                                                                                                ΔT: 30 °F

                                                                                                                                                           Circuit A-28
                                                                                                                                                           246 ft @ 9 in
                                                                                                                                                           Flow: 2.41 USGPM
                                                                                                                                                           ΔT: 30 °F
                                                                                                                                                                                                                                                           Circuit A-17
                                                                                                                                                                                                                                                           271 ft @ 9 in
                                                                                                                                                                                                                                                           Flow: 2.63 USGPM
                                                                                                                                                                                                                                                           ΔT: 30 °F




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        REVISIONS
                                                                                                                                                                                                                                                                                                                                                                                                                                                          Circuit A-6
                                                                                                                                                                                Circuit A-29                                                                                                                                                                                                                                                              330 ft @ 9 in
                                                                                                                                                                                244 ft @ 9 in                                                                                                                                                                                                                                                             Flow: 3.07 USGPM
                                                                                                                                                                                Flow: 2.41 USGPM                                                                                                                                                                                                                                                          ΔT: 30 °F
                                                                                                                                                                                ΔT: 30 °F
                                                                                                                                   Circuit A-27
                                                                                                                                                                                                                                                                                                                                                         Circuit A-11
                                                                                                                                   231 ft @ 9 in
                                                                                                                                                                                                                                                                                                                                                         327 ft @ 9 in
                                                                                                                                   Flow: 2.26 USGPM
                                                                                                                                                                                                                                                                                            Circuit A-18                                                 Flow: 2.79 USGPM   Circuit A-10                                               Circuit A-7
                                                                                                                                   ΔT: 30 °F                                                                                                                                                                                                                                                                                                                                 Circuit A-1
                                                                                                                                                                                                                                                                                            270 ft @ 9 in                                                ΔT: 30 °F          334 ft @ 9 in                                              332 ft @ 9 in
                                                                                                                                                                                                                                                                                                                                                                            Flow: 3.12 USGPM   Circuit A-9          Circuit A-8        Flow: 3.23 USGPM                      317 ft @ 9 in                                                                            Circuit A-5
                                                                                                                                                                                                                                                                                            Flow: 2.61 USGPM
                                                                                                                                                                                                                                                                                                                                                                            ΔT: 30 °F          308 ft @ 9 in        327 ft @ 9 in      ΔT: 30 °F                             Flow: 2.93 USGPM   Circuit A-2                                                           336 ft @ 9 in
                                                                                                                                                                                                                                                                                            ΔT: 30 °F
                                                                                                                                                                                                                                                                                                                                                                                               Flow: 2.90 USGPM     Flow: 3.11 USGPM                                         ΔT: 30 °F          315 ft @ 9 in                                                         Flow: 3.10 USGPM
                                                                                                                                                                                                                                                                                                                                                                                               ΔT: 30 °F            ΔT: 30 °F                                                                   Flow: 2.96 USGPM                                                      ΔT: 30 °F
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ΔT: 30 °F
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Circuit A-4




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         No                 Desc                                Date
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      320 ft @ 9 in
                                                                                                                                                                                                                                                                              Circuit A-19                                                                                                                                                                                                                                            Flow: 3.08 USGPM
                                                                                                                                                                                                                                                                              286 ft @ 9 in                                                                                                                                                                                                                                           ΔT: 30 °F
                                                                                                                                                                                                                                                                              Flow: 2.78 USGPM
                                                                                                                                                                                                                                                                              ΔT: 30 °F


                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   Circuit A-3
                                                                                                                                                                                                                                    Circuit A-20                                                                                                                                                                                                                                                                   315 ft @ 9 in
                                                                                                                                                                                                                                    270 ft @ 9 in                                                                                                                                                                                                                                                                  Flow: 2.91 USGPM
                                                                                                                                                                                                                                    Flow: 2.63 USGPM                                                                                                                                                                                                                                                               ΔT: 30 °F
                                                                                                                                                                                                                                    ΔT: 30 °F




                                                                                                                                                                              Circuit A-21
                                                                                                                                                                              274 ft @ 9 in
                                                                                                                                                                              Flow: 2.68 USGPM
                                                                                                                                                                              ΔT: 30 °F                                                           Circuit A-22
                                                                                                                                                                                                                                                  275 ft @ 9 in
                                                                                                                                                                                                                                                  Flow: 2.66 USGPM
                                                                                                                                                                                                                                                  ΔT: 30 °F


                                                                                                                                                                                                                                    Circuit A-23
                                                                                                                                                                                                                                    277 ft @ 9 in
                                                                                                                                                                                                                                    Flow: 2.37 USGPM
                                                                                                                                                                                                                                    ΔT: 30 °F




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         PAGE NO.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    1                                         N
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: September 14th,                 Title: Extension of CHOP Contract
2021

Submitted By: Leo Evans                                  Department: Public Works

Brief Summary:
Staff is requesting authorization to extend an existing contract with CHOP Tree Service during Fiscal
Year 21/22 in the amount of $75,000 for As-Needed Forestry Services.


Detailed Summary:
The City Commission allocated $75,000 towards Contractual Forestry Work under line 101-70771-
5300 in the 21/22 Fiscal Year. Staff is requesting authorization to extend our existing contract with
CHOP, Inc. who was the low bidder selected for the same work during the 20/21 Fiscal Year. CHOP,
Inc. has been a great contractor and helped partner with us successfully complete several forestry
projects during the previous fiscal year.

Staff has previously utilized CHOP for work outside of the road right-of-way when performing tree work
on development projects, and for large scale projects where CHOP can provide increased resources to
address large projects (Lakeside Cemetery & Musketawa Trail).

Staff is requesting to award the $75,000 budgetted to CHOP as an extension for the 21/22 Fiscal Year
and not repost the work for competitive bids.

During the previous bidding cycle CHOP was the only bid accepted.

A copy of the bid sheet submitted during the 20/21 open competitive bidding is attached for reference.


Amount Requested: $75,000                               Amount Budgeted: $75,000

Fund(s) or Account(s): 101-70771-5300                   Fund(s) or Account(s): 101-70771-5300

Recommended Motion:
Authorize staff to extend the existing contract with CHOP Tree Service in the amount of $75,000 for completion
during the 21/22 Fiscal Year.


Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: September 14th,                Title: Laketon Trail Lighting
2021

Submitted By: Leo Evans                                 Department: Public Works

Brief Summary:
Staff is requesting authorization to award a contract to J&J Electrical LLC for the construction of lights
along a portion of the Laketon Trail.


Detailed Summary:
Staff solicited bids for a project to install trail lighting on a portion of the Laketon Trail between Peck
and 7th Street. This area is located within the marijuana district and the existing street lights along
Laketon Avenue are all on the south side of the street, across from the path leading to less than
desireable lightnig levels along the pathway in particular at the street crossings. Bids were received on
August 24th, 2021 with the low bid coming from J&J in the amount of $94,037.00.

Staff had not worked with J&J previously and conducted a meeting with them on August 30th, 2021 to
assess their understanding of the project and gauge their ability to complete the work. It is the opinion
of staff that J&J fully understands the project and is appropriately positioned to complete the work as
outlined.

The original bid did not include the installation of receptacles on the poles. As such staff requested a
price to add this into the project which was quoted at $7,379.00. Adding this amount onto the original
bid creates a proposed contract cost of $101,416 which is still below the 2nd lowest bidder.

The funding for this project is derived from the Marijuana Business Fees collected. Businesses are
required to install decorative lighting on their site or make a donation to the city to install lighting
elsewhere. In 20/21 the City collected $66,965 from this fee with anticipation of collecting an additional
$30,000 during the current fiscal year. Staff felt that the use of the lighting on the path in the marijuana
district improved an existing problem and also focused those dollars back to the primary area that
generated the revenue.

The project will need to be included in a future reforecast of the budget if approved.

J&J Electrical LLC is located within the City of Muskegon.


Amount Requested: $101,416.00                          Amount Budgeted: $0

Fund(s) or Account(s): 101                             Fund(s) or Account(s): 101
Recommended Motion:
Authorize staff to approve a contract with J&J Electrical LLC in the amount of $101,416.00 for the construction
of a pedestrian lighting system along the Laketon Avenue Trail between Peck and 7th.


Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
                                                        1.10 BID TABULATION
               City of Muskegon                                            Project Engineer: LE                         Date:         8/24/2021
               Engineering Department                                       Project Number: TBD
                                                                         Project description: Laketon Trail Lighting (Peck to 7th)
                                                                         Engineer's Estimate: N/A

                                                                                                                     J&J Electrical LLC                        DVT Electric, Inc.                      Bazen Electric Company               Windemueller Electric, Inc.               J. Ranck Electric, Inc.

   Line Item    Pay Code Description                                                Units      Quantity        Unit Price            Total               Unit Price            Total                Unit Price           Total             Unit Price           Total             Unit Price             Total

       1           N/A    Lighting Fixtures                                          EA           12       $        3,635.00    $     43,620.00      $       4,800.00    $          57,600.00   $       5,080.00   $      60,960.00    $       6,000.00    $     72,000.00    $       7,375.00     $      88,500.00

       2           N/A    Direct Bury Conduit                                        FT          2400      $           15.84    $     38,016.00      $            8.00   $          19,200.00                      $      31,900.00    $            9.00   $     21,600.00    $           16.50    $      39,600.00

       3           N/A    Directional Drilled Conduit                                FT           500      $           15.84    $         7,920.00   $           25.00   $          12,500.00                      $             -     $           18.00   $       9,000.00   $           36.00    $      18,000.00

       4           N/A    Lighting Control Panel                                     EA             1      $        3,023.86    $         3,023.86   $       9,500.00    $           9,500.00   $       6,070.00   $       6,070.00    $       5,500.00    $       5,500.00   $      11,000.00     $      11,000.00

       5           N/A    Mobilization / Cleanup                                    LSUM            1      $        1,457.14    $         1,457.14   $       4,000.00    $           4,000.00   $       6,000.00   $       6,000.00    $       6,000.00    $       6,000.00   $      11,900.00     $      11,900.00



                                                                                                          BID TOTAL:           $     94,037.00                           $    102,800.00                           $    104,930.00                         $   114,100.00                         $     169,000.00
                                                                                                                                                                                                                   *$119,935 As Read




Bid Tabulation 1 of 1
Approximate Light
Locations (12 EA)




                    Electrical Service &
                    Control Cabinet
                    Near mid-point at
                    Laketon / 5th
                                                                                                                                        31”


            Parkway Square PedestrianPOST TOPLED – PKWM	
                            29.75”                                    29.75”                                                          787mm
                           756mm                      ®
                                      Vertical                       756mm
                                                                                                                          29.75”
                                                                                                                                         TYPE                  29.75”
                                                                                                                         756mm
            	FEATURES                                                                                                                                         756mm




             •	   Reliable, uniform, glare  31” free illumination          •	 Integral surge suppression
TOP          •	
                             29.75”
                  Types II, III,
                            756mm
                                          787mm
                                 IV, V distributions
                                                                       29.75”
                                                                      756mm•	 Integral thermal protection
                                                                                                                          29.75”
                                                                                                                         756mm
                                                                                                                                        31”
                                                                                                                                                               29.75”
                                                                                                                                                              756mm


             •	   3000K, 4000K, 5000K CCT
                                                                           PSA-TU    POST TOP
                                                                           (TOP ARM MOUNTED LUMINAIRE
                                                                                                                                      787mm


             •	   0-10V dimming ready                                      UPWARD SWEPT ARM DESIGN)

                                                                           PSWM-TU
             SPECIFICATIONS
                       29.75”                   31”                   29.75”(TOP
                                                                               WALL MOUNTED LUMINAIRE
 TOP                  756mm
                              29.75”
                                              787mm                  756mm
                                                                           UPWARD SWEPT ARM DESIGN)
                                                                        29.75”                                            29.75”
                                                                                                                                           46.25”
                                                                                                                                          1175mm
                                                                                                                                                               29.75”
                             756mm                                     756mm                                             756mm                                756mm
TED LUMINAIRE
 ARM DESIGN)                                                                   PSA-TU                                                                                                      20”
                                                                               (TOP ARM MOUNTED LUMINAIRE                                                                                508mm
                                                                               UPWARD SWEPT ARM DESIGN)
NTED LUMINAIRE                29.75”                                    29.75”
                                                  46.25”
ARM DESIGN)                  756mm
                                                 1175mm
                                                31”                    756mmPSWM-TU
 TOP                                          787mm                            (TOP WALL MOUNTED LUMINAIRE
                                                                               UPWARD SWEPT ARM DESIGN)
                                                                                                                           6.1”
                                                                                                                         155mm             46.25”
                                                                                                                                          1175mm
                                                                                                                                                                  35.5”
                                                                                                                                                                 902mm
                                                                                                                                                                                       1.5”
                                                                                                                                                                                       38mm
NTED LUMINAIRE
T ARM DESIGN)                                                                                   20”                       29.75”                               29.75”
                                                                                              508mm                      756mm                                756mm
                                                                                                                                                                                           20”
                                                                                                                                                                                         508mm
UNTED LUMINAIRE
                                                   46.25”
T ARM DESIGN)                  29.75”             1175mm                   PSA-TD
                                                                         29.75”             1.5”
                             6.1”
                              756mm
                           155mm             POST TOP                     35.5”
                                                                           (TOP ARM
                                                                        756mm
                                                                         902mm   MOUNTED
                                                                                      38mm LUMINAIRE
                                             WT: 49 lbs. EPA: 2.83         DOWNWARD SWEPT ARM DESIGN)                      6.1”
                                                                                                                                        31”
                                                                                                                                      787mm                                             1.5”
                                                                                                                                                                  35.5”                 38mm
                                                                                                                         155mm                                   902mm
NTED LUMINAIRE              29.75”                                    29.75”                         20”
                           756mm                                     756mm PSWM-TD                 508mm                                                                             19.25”
T ARM DESIGN)                                                                                                                                                                       489mm
                                                                           (TOP WALL MOUNTED LUMINAIRE              PSA-TU29.75”                    PSWM-TU  29.75”
                                                                           DOWNWARD SWEPT ARM DESIGN)               (Top of756mm
                                                                                                                            Arm Mounted Luminaire   (Top of 756mm
                                                                                                                                                             Wall Mounted Luminaire
 UNTED LUMINAIRE               6.1”                                                           1.5”                  Upward Swept Arm Design)        Upward Swept Arm Design)
 ED LUMINAIRE
 T ARM DESIGN)
                                                    46.25”                 35.5”              38mm                                                                            1.5”
EPT ARM DESIGN)
                             155mm
                                               31” 1175mm                 902mm
                                                                            PSA-TD                                  WT: 66155mm
                                                                                                                            lbs. EPA: 3.36
                                                                                                                            6.1”
                                                                                                                                                    WT: 70 lbs.35.5”EPA: 3.58 38mm
                                             787mm                                                                                                               902mm
                                                                            (TOP ARM MOUNTED LUMINAIRE
                              29.75”                                    29.75”                                                          31”
                             756mm                                     756mm
                                                                            DOWNWARD SWEPT
                                                                                       19.25” ARM DESIGN)                   6.1”      787mm
                                                                                          489mm                           155mm
 TED LUMINAIRE                                                                                       20”
                                                                                                   508mm
EPT ARM DESIGN)                                                            PSWM-TD                                                                                                   19.25”
                                                                                                                                                                                    489mm
                                                                           (TOP WALL MOUNTED LUMINAIRE
                                                                           DOWNWARD SWEPT
                                                                                       1.5” ARM DESIGN)
 TED LUMINAIRE               6.1”                                                          38mm                                                                                        19.25”
                           155mm                31”                       35.5”               1.5”                                                                                    489mm
 EPT ARM DESIGN)                6.1”
                                                                        902mm35.5”      38mm
                              155mm           787mm                     PSA-BU
                                                                           902mm                                           6.1”          31”                                          1.5”
                                                                                                                                       787mm                                          38mm
                              6.1”                                      (BELOW ARM MOUNTED LUMINAIRE                     155mm                                    35.5”
                            155mm                                                    19.25”                                                                      902mm
 NTED LUMINAIRE               29.75”                                    UPWARD SWEPT489mm
                                                                        29.75”        ARM DESIGN)
                             756mm                                     756mm                                                6.1”
 EPT ARM DESIGN)                                                                                                          155mm
                                                                        PSWM-BU
                                                                        (BELOW WALL MOUNTED
                                                                                      1.5”
                                                                                             LUMINAIRE
                                                                                     19.25”
                               6.1”                                     UPWARD SWEPT489mm
                                                                                      ARM
                                                                                      38mm DESIGN)                                                                                  1.5”
                             155mm                                         35.5”                                           29.75”                                                   38mm
NTED LUMINAIRE                                  31”                       902mm                                           756mm                                                          19.25”
WEPT ARM DESIGN)                                31”
                                              787mm
NTED LUMINAIRE                                787mm
                                                                                                                                                                                       489mm
                                6.1”                                                                                                                            35.5”
RM DESIGN)                    155mm                                 PSA-BU                                                                31”                  902mm
                                                                    (BELOW ARM MOUNTED
                                                                                 19.25” LUMINAIRE                                       787mm
UNTED LUMINAIRE  PSA-TD                                      PSWM-TDUPWARD SWEPT489mm
                                                                                 ARM DESIGN)                        PSA-BU                          PSWM-BU
WEPT
 NTEDARM DESIGN) (Top of Arm Mounted Luminaire
      LUMINAIRE                                              (Top of Wall Mounted Luminaire                         (Below Arm Mounted Luminaire    (Below Wall
                                                                                                                                                             35.5” Mounted Luminaire
                                                                                                                                                            902mm
RM DESIGN)       Downward Swept Arm Design)                  DownwardPSWM-BU
                                                                         Swept Arm Design)
                                                                                      1.5” 19.25”
                                                                                      38mm 489mm                    Upward Swept Arm Design)        Upward Swept Arm Design)
                                                             WT: 70 lbs.(BELOW   WALL MOUNTED     LUMINAIRE
                             29.75”                                                        1.5”
                    WT: 66 lbs.
                              6.1”EPA: 3.36
                            756mm                 31”                     EPA: 3.58        38mm                     WT: 66 lbs. EPA: 3.36           WT: 70 lbs. EPA: 3.58
                             155mm
                                                787mm                    UPWARD
                                                                             35.5”    SWEPT ARM DESIGN)                                                                             1.5”20.25”
UNTED LUMINAIRE                                                            902mm
                                                                        35.5”                                              29.75”                                                   38mm
                                                                                                                                                                                      514mm
ARM DESIGN)                                                            902mm                                              756mm
                                 6.1”
                               155mm                                                                                                                             35.5”              1.5”
                                                                                                                                                                902mm               38mm
                                                                        35.5”                                                            46.5”
UNTED LUMINAIRE                                                        902mm
                                                                         PSA-BD                                                        1181mm
ARM DESIGN)
                               29.75”
                                                                                     1.5”
                                                                         (BELOW ARM MOUNTED
                                                                                     38mm
                                                                                                      Decorative
                                                                                                 LUMINAIRE               Screens                                 35.5”
                                                                                          19.25”                                                                902mm
                              756mm                                      DOWNWARD SWEPT  489mmARM DESIGN)
                                                                                            20.25”
                                                  31”                    35.5”             514mm
UNTED LUMINAIRE                                 787mm                    PSWM-BD
                                                                        902mm
                                                                                                                                                                                        20.25”
ARM DESIGN)                                                              (BELOW WALL 1.5”
                                                                                     MOUNTED LUMINAIRE                                                                                 514mm
                                                46.5”                    DOWNWARD
                                                                          35.5”
                                                                                   SWEPT
                                                                                     38mm ARM DESIGN)
                                              1181mm                     902mm                                                                                                      1.5”
                                                                                                                                                                                    38mm
 NTED LUMINAIRE
OUNTED  LUMINAIRE                                                                                                          29.75”         46.5”            29.75”
                                                                                                                          756mm         1181mm            756mm
PT ARM
 ARM   DESIGN)
     DESIGN)                                                              PSA-BD      1.5”
                                29.75”                                                38mm
                                                                          (BELOW ARM MOUNTED     LUMINAIRE                              DSWH          DSTR                DSSH                    DSCS
                               756mm
                                                                                         20.25”          DSIN              DSOF
                                                                                        514mm
                                                                          DOWNWARD SWEPT       ARM DESIGN)
                                                                                                         Infinity           Offset        Wheat        Trio               Shutter                 Custom
UNTED LUMINAIRE                                                           35.5”
                                                                         902mm             1.5”
PT ARM DESIGN)                                                             PSWM-BD     38mm
                                                  46.5”
                                                1181mm                                             Painted to
                                                                           (BELOW WALL MOUNTED LUMINAIRE               match fixture. Also available in stainless steel or copper. *Contact
                             29.75”                                  29.75”DOWNWARD
                                                                            35.5”    SWEPT ARM DESIGN)
                                                                                                   factory for         custom designs.
UNTED LUMINAIRE             756mm                                        902mm
                                                                     756mm
EPT ARM DESIGN)                                                                                                             29.75”                         29.75”
                                                                                                                           756mm                          756mm
                 PSA-BD                                      PSWM-BD                    20.25”
OUNTED LUMINAIRE (Below Arm Mounted Luminaire                (Below Wall Mounted Luminaire
                                                                                       514mm

EPT ARM DESIGN)  Downward Swept Arm Design)                  Downward Swept Arm Design)
                                                                                    1.5”
                 WT: 66 lbs. EPA: 3.36 46.5”
                                                             WT: 70 lbs. EPA: 3.58  38mm
                               29.75”                                  29.75”
                              756mm             1181mm
                                                                      756mm
UNTED LUMINAIRE
EPT ARM DESIGN)


OUNTED LUMINAIRE
EPT ARM DESIGN)

                                29.75”   ARCHITECTURAL AREA LIGHTING29.75”
                               756mm                               756mm                                   JOB
                                         16555 East Gale Ave. | City of Industry | CA 91745
                                         P 626.968.5666 | F 626.369.2695 | www.aal.net                     TYPE
                                         Copyright © 2014 | Rev 2.15                                       NOTES                                                                                   | 1 |
Parkway Square® Pedestrian Vertical LED – PKWM	                                                                TYPE
	
ORDERING INFORMATION
 MODEL     	   1	                        2	                     3	                       4	            5	                 6	                 7	               8	

    PKWM

	                 Hood	        Distribution-Lens	             CCT	              Drive Current	        Color	          Options	           Control	        Mounting	


1.	HOOD                                             5. COLOR                                                    8. MOUNTING – Standard mounting slips over a
ANGLED	                                             BLS                  Black Gloss Smooth                     4"/100mm open top square pole or tenon or may choose one
ANG	                                                BLT                  Black Matte Textured
                                                                                                                TENON MOUNT
STRAIGHT	                                           DBS                  Dark Bronze Gloss Smooth
                                                                                                                TA23 (Tenon adapter slips over 2 3/8" O.D x 4" long tenon.
STR                                                 DBT                  Dark Bronze Matte Textured
                                                                                                                  Required for poles by others or used in conjunction with
DOUBLE	                                             GTT                  Graphite Matte Textured                  TEN pole option by AAL.)
DBL                                                 LGS                  Light Grey Gloss Smooth
                                                                                                                WALL MOUNT
                                                    LGT                  Light Grey Matte Textured
2. DISTRIBUTION                                                                                                 PSWM-TU (Fixture above with arm mounted up)
                                                    PSS                  Platinum Silver Smooth
Vertical LED – Clear Lens                                                                                       PSWM-TD (Fixture above with arm mounted down)
                                                    VGT                  Verde Green Textured
                                                                                                                PSWM-BU (Fixture below with arm mounted up)
Y2VC                                                WHS                  White Gloss Smooth
                                                                                                                PSWM-BD (Fixture below with arm mounted down)
Y3VC                                                WHT                  White Matte Textured
Y4VC                                                Color Option                                                POLE MOUNTED ARM – mounts to the side of a
Y5VC                                                                                                            square pole or to the side of a 4”od pole (specify)
                                                    CC*                  Custom Color
                                                                                                                PSA-TU (Fixture above with arm mounted up)
                                                    * Consult factory for custom color, marine and
Vertical LED – Diffused Lens                                                                                    PSA-TD (Fixture above with arm mounted down)
                                                    corrosive finish options
                                                                                                                PSA-BU (Fixture below with arm mounted up)
Y2VD                                                                                                            PSA-BD (Fixture below with arm mounted down)
Y3VD
Y4VD                                                6. OPTIONS
Y5VD
                                                    FUSING
                                                    FS1 (Single fuse holder)	
                                                    HOOD FINISH
3. 	 COLOR TEMPERATURE
                                                    COP (Copper)	STS (Stainless steel)
32LED-3K	
32LED-4K					                                       DECORATIVE SCREEN
32LED-5K                                            DSIN (Infinity pattern)	
                                                    DSOF (Offset pattern)
                                                    DSWH (Wheat pattern)
4. 	DRIVE CURRENT (120-277 VAC input)               DSTR (Trio pattern)
525 (525mA, 58 watts)	                              DSSH (Shutter pattern)                                      Visit www.aal.net for Arms, Poles &
350 (350mA, 38 watts)                               DSCS (Custom pattern)                                       Accessories Specification Guide

                                                    SCREEN FINISH
                                                    CPR (Screen in natural copper material)
                                                    SSP (Screen in natural stainless material


                                                    7. CONTROL

                                                    SCP (Sensor Control Programmable) pole
                                                    accessory is available to provide occupancy
                                                    detection for outdoor applications meeting
                                                    California Title 24. For complete spec sheet
                                                    and ordering information, visit www.aal.net/
                                                    products/sensor_control_programmable/




                   ARCHITECTURAL AREA LIGHTING
                   16555 East Gale Ave. | City of Industry | CA 91745
                                                                               JOB
                   P 626.968.5666 | F 626.369.2695 | www.aal.net               TYPE
                   Copyright © 2014 | Rev 2.15                                 NOTES                                                                           | 2 |
Parkway Square® Pedestrian Vertical LED – PKWM	                                                                                            TYPE
	
LUMINAIRE PERFORMANCE
                                                                                                    Luminaire Performance Data
                                                                                 3K                    4K                         5K
  Optical                                                                                                                                          Drive System
                Lens           Distribution        LigVt Engine                     Bug                         Bug
  System                                                        Delivered Efficacy Rating Delivered Efficacy Rating Delivered Efficacy Bug Rating Current Watts
                                                                Lumens (lm/w)             Lumens (lm/w)                Lumens (lm/w)               (ma)
                                                                                   B U G                      B U G                    B U G
                                 TYPE 2               Y2VC       3,369       58    1 2 2   4,222       73     2 3 2      4,470   77    2 3 3
                                 TYPE 3               Y3VC        3,418      59    1 2 2   4,283       74     1 2 2 4,535        78    1 2 2
                                                                                                                                                    525    58
                                 TYPE 4                Y4VC      3,285       57    1 2 2    4,117      71     1 2 2 4,360        75    1 3 3
                                 TYPE 5               Y5VC       3,548       61    2 2 2   4,446       77     3 2 2      4,708   81    3 2 2
             Clear Lens
                                 TYPE 2               Y2VC        2,452      65    1 2 2    3,073      81     1 2 2 3,253        86    1 2 2
                                 TYPE 3               Y3VC        2,488      65    1 2 1    3,117      82     1 2 2 3,301        87    1 2 2
                                                                                                                                                    350    38
                                 TYPE 4                Y4VC       2,391      63    1 2 2   2,996       79     1 2 2      3,173   84    1 2 2
                                 TYPE 5               Y5VC        2,582      68    2 2 1   3,235       85     2 2 2 3,426        90    2 2 2
   YLED
                                 TYPE 2               Y2VD        1,938      33    1 3 2   2,343       40     1 3 2      2,531   44    1 3 2
                                 TYPE 3               Y3VD        2,113      36    1 3 2   2,556       44     1 3 2      2,761   48    1 3 2
                                                                                                                                                    525    58
                                 TYPE 4               Y4VD        2,010      35    1 3 2    2,432      42     1 3 2 2,626        45    1 3 2
                                 TYPE 5               Y5VD       2,088       36    1 3 2    2,526      44     1 3 2      2,729   47    1 3 2
            Diffused Lens
                                 TYPE 2               Y2VD        1,410      37    1 3 2    1,706      45     1 3 2      1,842   48    1 3 2
                                 TYPE 3               Y3VD        1,538      40    1 3 2    1,861      49     1 3 2      2,010   53    1 3 2
                                                                                                                                                    350    38
                                 TYPE 4               Y4VD        1,463      39    1 3 2    1,770      47     1 3 2      1,912   50    1 3 2
                                 TYPE 5               Y5VD        1,520      40    1 3 2    1,839      48     1 3 2 1,986        52    1 3 2




ELECTRICAL CHARACTERISTICS

                                                       Electrical Characteristics                                              Inrush Current                                    Dimming

  Optical                       LED                      Amps AC         Min.        Max   Operating               120V                                277V                        Source Current
             Ordering Code                System                                                                                                                       Dimming
  System                        Drive                                   Power        THD    Temp.                                                                                   out of 0-10V
                                           Watts                                                                        T(@50% of                        T(@50% of      Range
                                 mA                    120     277      Factor       (%)    Range      Ipeak (A)                           Ipeak (A)                                Purple Wire
                                                                                                                          Ipeak)                           Ipeak)
                        525       525         58       0.5        0.2                       -40°C TO                                                                    10% to
   YLED      32LED                                                        0.9         20                    21               160 µS           49          160 µS                       1 mA
                        350       350         38       0.3        0.1                         +55°C                                                                     100%




LED COLOR
                                                                                           Ordering Code
Consult factory for Amber,                                                      3K              4K                 5K
Turtle Friendly, Gulf Coast and                     CCT Average            3000K              4000K              5000K
Observatory applications.                           CRI Minimum             ≥ 80               ≥ 70              ≥ 70




WIRING LEADS
Luminaires not configured with
wiHUBB or photo-control shall be
provided with 0-10 purple and gray
dimming leads.




TM-21 LIFETIME CALCULATION

                                                                                      Projected Lumen Maintenance (% vs. Khrs)
 Optical System Ordering Code             Ambient Environment ° C                                     TM-21*                                            Reported L70
                                                                                     25         50                70        100
                                                                                                        60
                                                        15                           97        96          95           93            93
     YLED              32LED                            25                           96        94          93           90            90                  >60Khrs
                                                        40                           94        91          90           86            86


                          ARCHITECTURAL AREA LIGHTING
                          16555 East Gale Ave. | City of Industry | CA 91745
                                                                                            JOB
                          P 626.968.5666 | F 626.369.2695 | www.aal.net                     TYPE
                          Copyright © 2014 | Rev 2.15                                       NOTES                                                                                               | 3 |
Parkway Square® Pedestrian Vertical LED – PKWM	                                                    TYPE
	
SPECIFICATIONS

HOUSING                                             CONTROLS                                       FINISH
•	 All housing components shall be cast             • 	 SCP shall have an integral surge           •	 Luminaire finish shall consist of a five
   aluminum, sealed with continuous                     protection device with a currentt rating      stage pretreatment regimen with a
   silicone rubber gaskets.                             of 10,000 Amps using the industry             polymer primer sealer, oven dry off, and
                                                        standard 8/20uSec wave and sure               top coated with a thermoset super TGIC
•	 Hoods shall be of fabricated
                                                                                                      polyester powder coat finish
   construction with seamless blended                   rating of 372J
   outside corners. Optional natural                                                               •	 Luminaire finish shall meet the AAMA
                                                    • 	 Sensor not intended for use with              2604-05 performance specification which
   stainless steel and or natural copper
   hoods shall have a horizontal brushed                additional photo-control, wireless            includes passing a 3000 hour salt spray
   grain. Natural copper hoods shall                    control or dimming systems.                   test for corrosion resistance.
   naturally oxidize over time.
•	 Secondary lens shall be clear                    SERVICING                                      CERTIFICATION
   injection molded acrylic.
                                                    •	 Gear compartment shall be accessed          •	 Luminaire shall be listed with ETL for
•	 All internal and external hardware                  via the removal of four 1/4-20                 outdoor, wet location use, UL1598, UL
   shall be stainless steel.                           fasteners. Driver and surge suppressor         8750 and Canadian CSA Std. C22.2
                                                       shall be mounted to a pre-wired tray           no.250.
                                                       with quick disconnects that may be
OPTICAL                                                removed from the gear compartment.
•	 LEDs shall be mounted to a metal                                                                WARRANTY / TERMS AND CONDITIONS
   printed circuit board assembly                                                                  OF SALE
   (MCPCB) with a uniform conformal                 ARM MOUNTING
                                                                                                   Download:
   coating over the panel surface and               •	 Luminaire shall be attached to the arm      http://www.hubbelllighting.com/resources/
   electrical features.                                assembly with four 1/4-20 stainless         warranty/
•	 LED optics shall be clear injection                 steel bolts. The connection shall be
   molded PMMA acrylic.                                sealed with a silicone compression
                                                       gasket.
•	 MCPCB and optic shall be sealed to
   a die-cast anodized aluminum heat                •	 Pole mounted arms shall bolt to a
   sink with an injection molded silicone              square pole or a 4"/100mm diameter
   rubber gasket. IP66.                                round pole and secured with two bolts
                                                       with a minimum 3/8-16 thread size,
                                                       hardware by others.
ELECTRICAL                                          •	 Wall mounted arms and brackets shall
•	 Luminaires shall have integral                      require mounting hardware by others.
   surge protection that shall be U.L.
   recognized and have a surge current
   rating of 10,000 Amps using the
   industry standard 8/20uSec wave and
   surge rating of 372J.
•	 Drivers shall be U.L recognized with
   an inrush current maximum of <20.0
   Amps maximum at 230VAC.
•	 Drivers shall not be compatible with
   current sourcing dimmers, consult
   factory for current list of known
   compatible dimming systems,
   approved dimmers include Lutron
   Diva AVTV, Lutron Nova NFTV and
   NTFTV.
•	 Luminaire shall be capable of
   operating at 100% brightness in
   a 40°C environment. Both driver
   and optical array shall have integral
   thermal protection that will dim
   the luminaire upon detection of
   temperatures in excess of 85°C.




                     ARCHITECTURAL AREA LIGHTING
                     16555 East Gale Ave. | City of Industry | CA 91745
                                                                          JOB
                     P 626.968.5666 | F 626.369.2695 | www.aal.net        TYPE
                     Copyright © 2014 | Rev 2.15                          NOTES                                                            | 4 |
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date:     9/14/2021                Title: Police Cruiser Replacement

Submitted By:    Joe Buckingham                       Department: Equipment

Brief Summary:

The Equipment Division is requesting permission to purchase three (3) Chevy Tahoe’s to replace
existing vehicles in the Police Department Fleet.


Detailed Summary:
Tahoe’s will be purchased from Berger Chevrolet the State Mi-Deal contract holder. The price of
this vehicle is $38,836.00 each for a total price of $116,508.00 coming from the Equipment budget.
These vehicles were budgeted for replacement in the 21/22 Budget.



Amount Requested: $116,508.00                        Amount Budgeted: $117,000.00

Fund(s) or Account(s): Equipment                     Fund(s) or Account(s):

Recommended Motion: Authorize staff to purchase three (3) Chevy Tahoe’s replacement
vehicles for Police Department.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: Sept 14, 2021                Title: Special Event Fee Waiver Form

Submitted By: Leo Evans                               Department: Public Works

Brief Summary: To amend the current Special Event Fee Waiver Form to allow some fees to be
waived at the staff level.

Detailed Summary: This is the same application that was presented at the July Work Session.
Event fees under $2,500 would be eligible to be waived at various percentages based on the
answers to the questions on the form. Fees over $2,500 will still go before the Commission.



Amount Requested: $0                                 Amount Budgeted: $0

Fund(s) or Account(s): N/A                           Fund(s) or Account(s): N/A

Recommended Motion: Approve the revisions to the Special Event Fee Waiver Application for
events scheduled in 2022 and authorize staff to waive fees per the stated requirements when less
than $2,500.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                                                                                     CITY OF MUSKEGON
                                                                                     SPECIAL EVENT
                                                                                     FEE WAIVER
                                                                                     APPLICATION

           Department of Public Works ● 1350 E Keating Ave ● Muskegon, MI 49440 ● 231-724-6907
     This form must be submitted at least 30 days before your event date. In rare cases the City Commission may
                           consider an application up to 30 days after the invoice is sent.
ORGANIZATION’S INFORMATION
EVENT TITLE:
Applicant Name:
Organization Name:
Non-Profit I.D. or Tax Exempt #:
Address:


                                    City                                   State                        Zip
Phone:     (        )                                                 Cell:      (      )
Email Address:                                                                       Fax:   (   )
EVENT INFORMATION
Event Type (please select all that apply):
               □   Race (run, walk, bike, etc.)           □   Tournament   Type:
               □   Parade                                 □   Pass-Through
               □   Street Fair/Festival                   □   Fundraiser   Benefitting:
               □   Concert                                □   Other

Event Location:
Why are you requesting to waive the Special Event Fee?




                                                                   Page 1 of 2
   Please identify the hardship incurred (please attach additional pages, if necessary):




   Please identify how your organization benefits the community as outlined in the criteria below.
   Please be specific (attach additional pages, if necessary):




   CRITERIA CONSIDERED

   The City will consider the following when reviewing a special event fee waiver request:

      •   Does the event promote/support a minority/disadvantaged group?                   Y        N   (Y+2)
      •   Is the event coordinated by a non-profit organization?                           Y        N   (Y+1)
      •   Is the non-profit located in the City of Muskegon?                               Y        N   (Y+1)
      •   Does the non-profit provide services to residents of the City of Muskegon?       Y        N   (Y+1)
      •   Is the event free to the public?                                                 Y        N   (Y+1)
      •   Are you willing to provide an income statement for the previous year’s event?    Y        N   (Y+1)
      •   Does the event generate revenue?                                                 Y        N   (N+1)
      •   Has this event had City fees waived in the last 2 years?                         Y        N   (N+2)

Staff can approve up to $2,500 in fee waivers based on a point system using the answers above and the detailed
descriptions. The first and last questions are worth 2 points; the rest are worth 1 point. Events will be given 100%
waiver for 10 points, 50% waiver for 7-9 points, and 25% waiver for 5-6 points.

Amounts over $2,500 must go before Commission and have at least 5 points to be considered.




    Event Representative (signature)                                                         Date




                                                                       Page 2 of 2
                                                                       Rev. 03-19
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: September 14th,               Title: Sanford Street & Glenside Phase 2
2021                                                   Engineering Assistance

Submitted By: Leo Evans                                Department: Public Works

Brief Summary:
Staff is requesting authorization to approve the Professional Services Agreement with Prein & Newhof
to provide comprehensive engineering services for the design of water and sewer projects schedule for
construction in 2023 and planned for financing within the state revolving loan fund programs during
state fiscal year 2022.


Detailed Summary:
Staff is planning to pursue two (2) primary water/sewer projects as a part of the State of Michigan
Revolving Loan programs (DWRF / SRF) during the State 2022 Fiscal Year. These projects would be
constructed during 2023.

Sanford Street
This is the last phase of a three phase project of which Prein & Newhof has completed the prior two
phases. The first was completed in 2020 and included work on several alleys in additional to work on
Jefferson and Strong. The second was completed in 2021 and included work on Peck Street. This
project will include complete water/sewer upgrades on Sanford from Merrill south to Laketon. In
addition staff is proposing to fund the remainder of Sanford Street north to Apple as ineligible
(SRF/DWRF) expense. The project will include a substantial reduction in the width of Sanford Street
(40 FT – 27 FT) and is proposed to replace one of the sidewalks with a bike path that will connect from
the Laketon to Lakeshore Trails.

Glenside Phase 2
The first phase of this project was completed in 2020 and included work on Westwood Street. This
project will be focused on Hadden Street which will allow for the eventual abandonment of the utilities
in the non-existent alley between Westwood and Hadden.

Both projects are budgeted in the 21/22 budgets and will also have allocations included in the future
22/23 and 23/24 fiscal years. The two projects represent an approximately $8.5M Investment of which
nearly $2.5M will be forgiven through the loan program based on our qualification as a disadvantaged
community.


Amount Requested: $862,300                           Amount Budgeted: $400,000
(FY21/22, 22/23 & 23/24)                             (FY 21/22)
Fund(s) or Account(s): 202/590/591                   Fund(s) or Account(s): 202/590/591

Recommended Motion:
Authorize staff to sign the professional services agreement with Prein & Newhof to provide Engineering
Services for the water, sewer, road, and bike path projects on Sanford Avenue and Glenside Phase 2


Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
August 30, 2021

Mr. Leo Evans, P.E.
City of Muskegon
Department of Public Works
1350 Keating Avenue
Muskegon, MI 49442


Re:       Proposal for Professional Engineering Services for SRF/DWRF Implementation

Dear Mr. Evans:

We are submitting this proposal to provide professional engineering services to assist you with your
SRF/DWRF project for Fiscal 2022. The specific projects covered under this proposal include the
following:

      • Sanford Street Sanitary Sewer and Water Main Replacement (Laketon to Apple) and Merrill
        (Jefferson to Peck)
      • Glenside Phase II – Hadden Street
      • Terrace Street Non-motorized path (Apple to Shoreline Drive)

We have reviewed the projects and have developed the following scope of services based on the
project descriptions in the SRF and DWRF Project Plans. We assume that the City will follow the 4th
quarter funding schedule, which requires project documents to be completed and ready for bidding
by spring 2022, and construction will occur through the 2023 construction season.

Design and Bidding Phase

      •   Gather and review record plans, private utility information and any available records
          pertinent to the proposed project areas;
      •   Complete topographic survey of all projects;
      •   Complete approximately one soil boring per 500 feet of project length;
      •   Assist City in determining proposed road section of Sanford including reduced road widths
          and location of non-motorized pathway including a public meeting and project rendering;
      •   Complete design of proposed sanitary sewer, water main, service laterals, water services and
          road reconstruction as detailed in the SRF and DWRF Project Plans;
      •   Assist City in tracking and developing easement documents for replacement of water services
          on private property;
      •   Assist City in locating and communicating with residents to determine locations of laterals in
          the Hadden Street project limit;
      •   Use City provided survey of Terrace Street to develop plans for a non-motorized path (NMP)
          from Apple to Shoreline.
      •   Provide assistance with MDOT and Railroad ROW permitting for NMP including signal
          rework;
      •   Attend three design review meetings;
      •   Prepare and submit permit applications (City to pay any permit fees);


4910 Stariha Drive Muskegon, MI 49441    t. 231-798-0101         f. 231-798-0337               www.preinnewhof.com
                                                R:\PRP - Proposal Preparation\City of Muskegon\2021-07 SRF-DWRF\prp 2021-08-30 Evans revised.doc
Mr. Leo Evans
August 30, 2021
Page 2


      •   Prepare opinion of probable cost based on final design;
      •   Prepare Alternative Justifiable Expense (AJE);
      •   Prepare project specifications including specific SRF/DWRF requirements;
      •   Assist City with preparation of bidding packages (assumes 2 contracts) and contract
          documents;
      •   Assist City with advertising for bids, providing responses to questions, preparing addendums;
      •   Attend pre-bid meeting and prepare minutes;
      •   Review bids and prepare bid tabulation and provide recommendations;
      •   Assist City with Part I and II SRF and DWRF Application Forms;
      •   Prepare Notice of Award and Notice to Proceed; and
      •   Assist City with preparation of final contracts for signing by Contractor

Construction Phase

      •   Schedule and attend preconstruction meetings and prepare minutes;
      •   Track and review shop drawings;
      •   Provide construction staking;
      •   Provide testing (soil density, gravel, asphalt, and concrete, etc.);
      •   Provide construction observation for all utility work and reconstruction of Sanford Street
          assuming 27 weeks of construction, this will require two Construction Observers at certain
          times (1,606 hours);
      •   Provide construction observation for construction of NMP on Terrace Street, assumed two
          weeks of construction, (120 hours);
      •   Provide construction observation for all utility work and reconstruction of Hadden Street
          assuming 15 weeks of construction, this will require two Construction Observers at certain
          times (847 hours);
      •   Schedule and attend monthly progress meetings for each contract as needed, and prepare
          minutes for each;
      •   Respond to RFIs, prepare payment applications and change orders;
      •   Prepare punch lists and close out documents; and
      •   Complete record plans and property iron replacement following completion.

Fee

Based on the scope of work described above, we propose to complete the work for a not to exceed cost of
$862,300. Our estimated time/work level of effort is attached. Our hourly rates are adjusted each
January. We have included an increase of 3% in hourly rates in 2022 and 2023.

Please note that there are still some uncertainties in the projects that may not have been
accounted for. We have included time for assisting with reconfiguration of Sanford with a
narrower street and possible non-motorized path. However, depending on the final design, our
construction estimates may need to be revisited. Once the construction contracts are awarded
and construction schedules are provided, we will review the hours allocated for the construction
phase services with you to determine whether adjustments need to be made.




                                               R:\PRP - Proposal Preparation\City of Muskegon\2021-07 SRF-DWRF\prp 2021-08-30 Evans revised.doc
Mr. Leo Evans
August 30, 2021
Page 3



Thank you for the opportunity to provide this proposal. Please contact us if you have any questions.

Sincerely,

Prein&Newhof




Barbara E. Marczak, P.E.

Enclosures: Estimated work effort/fee, Professional Services Agreement




                                                  R:\PRP - Proposal Preparation\City of Muskegon\2021-07 SRF-DWRF\prp 2021-08-30 Evans revised.doc
Professional Hours Worksheet
City of Muskegon - SRF/DWRF
                                                 Sen. PM   Sen. PM   Sen. PM   PM       Sen Eng    Sen LA      Eng.    CADD/GIS   Sen. Observer   Observer   Sen Eng   Geotech     Eng II   Survey    Tech I                  Expense
                     Staff Member                                                                                                                                                                                                                   Mileage   Total Cost
                                                 Marczak    Prein              Hulst   DeNooyer   Levandoski   Staff     Staff                     TBD        Tezak    J. Cruick             Staff   Van Kuik          Item              Cost
Preliminary Design
Kickoff Meeting                                    4                            4        6                                                                                                                                                            35       $1,900
Preliminary Engineering                            4                            5        12                                                                                                                                                                    $2,700
Meeting with Stakeholders for Sanford              3                            3        3                                                                                                                                                            35       $1,200
Soil Borings (Sanford)                                                 2        1                                                                                         19                                                               $4,780              $8,200
Soil Borings (Hadden)                                                  2        1                                                                                         5                                                                $2,000              $3,300
Topo Survey and Aerial Mapping (Sanford)                                        1                                                                                                            177                Mapping                    $5,930              $39,200
Topo Survey and Aerial Mapping (Hadden)                                         1                                                                                                            159                Mapping                    $4,830              $34,700
Topo Survey for NMP Apple to Shoreline                                                                                                                                                        45                                                               $8,300
Hadden Sanitary Lateral Survey                                                  12       25                                                         25                                                                                                         $6,800
Concept Renderings                                                              20                   40                                                                                                                                                        $7,900
QA/QC                                              4                   4         2                   2                                                                                                                                                         $1,700
Review Meeting                                     4                             4                              4                                                                                                                                     35       $1,600
Preliminary Subtotals                              19        0         8        54       46          42         4         0             0           25         0          24         0       381        0                               $17,540      105      $117,500

Design
Easements water services and sanitary laterals                                   1        20                                                                                                 19                                                                $5,900
Sanford Design                                     4                            40       266                             420                                                                                                                                   $92,200
Sanford Staging, Phasing, MOT Design                                             1                                        20                                   14                                                                                              $4,400
Hadden Design                                      4                            20       144                             130                                                                                                                                   $37,100
Hadden Staging, Phasing, MOT Design                                              2        5                                                                                                                                                                     $800
NMP Design Apple to Shoreline                                                    1        10                             108                                                                                                                                   $15,500
Railroad ROW Permit                                                              2        10                              16                                                                                                                                   $3,500
Shoreline Signal Improvements                                                    1                                                                             47                   38                                                                         $9,800
SESC Permit Application (2)                                                      1       5                                                                                                              4       Printing                    $600               $1,700
EGLE Sewer Permit Application (2)                                                1       5                                                                                                                                                                      $700
EGLE Water Permit Applications (2)                                               1       5                                                                                                             10       Printing                    $600               $2,100
Specifications for Sanford                                                       5       20                                                                                                            20                                                      $4,500
Specifications for Hadden                                                        5       20                                                                                                            20                                             15       $4,500
Meeting w/ Client (3)                               6                            6       6                                                                                                                                                            35       $2,500
Cost Estimate                                       1                            5       20                                                                                                                                                                    $3,100
QA/QC                                              20        20                 10       15                               15           15                                                                                                                      $12,700
2022 Rates (+3.0%)                                                                                                                                                                                                                                             $6,000

Design Subtotals                                   35        20        0       102       551          0         0        709           15            0         61         0         38       19        54                               $1,200        50      $207,000




                                                                                                                               Page 1 of 2
Professional Hours Worksheet
City of Muskegon - SRF/DWRF
                                           Sen. PM   Sen. PM   Sen. PM   PM       Sen Eng    Sen LA      Eng.    CADD/GIS   Sen. Observer   Observer   Sen Eng   Geotech     Eng II   Survey    Tech I                  Expense
                     Staff Member                                                                                                                                                                                                             Mileage   Total Cost
                                           Marczak    Prein              Hulst   DeNooyer   Levandoski   Staff     Staff                     TBD        Tezak    J. Cruick             Staff   Van Kuik          Item               Cost
Bid Phase
Advertise and Issue Bid Package                                           2        10                                                                                                            30                                                      $3,700
Bidder Questions                                                          5        10                                                                                                                                                                    $1,800
Pre-bid Meeting                              8                            6        4                                                                                                                                                            20       $2,500
Addenda                                                                   6        15                                                                                                            10                                                      $3,300
Attend Bid                                                                2                                                                                                                                                                     20        $300
Review Bids/Recommend Award                  1                            3        10                                                                                                             8                                                      $2,300
Prepare Contracts                                                                  2                                                                                                              8       Printing                  $600.00              $1,500
2022 Rates (+3.0%)                                                                                                                                                                                                                                        $400

Bid Phase Subtotals                          9         0         0        24       51           0         0         0             0            0         0          0          0        0        56                                $600         40       $15,800

Construction Engineering Services
Sanford
Preconstruction Meeting and Minutes          3                            3         6                                                                                                                                                           60       $1,600
Preconstruction Video (2 hours )                                                                                                               6                                                                                                70        $600
Construction Staking Sanford                                                                                                                                                           332                                                               $61,100
Construction Staking NMP                                                            1                                                                                                   33                                                               $6,200
NMP CO (2 weeks, 12 days)                                                 1         4                                                         120                                                                                                        $11,600
Sanford CO (27 weeks, 146 days)                                                                           80                                 1606                                                         Misc. Test.             $10,000     1,460     $167,600
Project Administration                       20                           50       270                                                                                                                                                                   $41,100
Respond to RFIs                                                           10        30                                                                                                                                                                   $4,800
Change Orders (3 per contract)                                             9        30                                                                                                                                                                   $4,700
Pay Apps (8)                                                               8        40                                                                                                                                                                   $5,700
Progress Meetings (monthly per contract)     6                            13        18                                                                                                                                                         100       $4,800
Punch List Visits (3)                                                     10        20                                                        20                                                                                                72       $5,500
Record Plans/Closeout                                                      5        10                              61                        20                                                                                                         $11,700
Iron Replacement (Included in survey)                                                                                4                                                                                                                                    $500
Hadden
Preconstruction Meeting and Minutes          3                            3         6                                                                                                                                                           60       $1,600
Preconstruction Video (2 hours )                                                                                                               6                                                                                                20        $600
Construction Staking Hadden                                                                                                                                                            216                                                               $39,700
Hadden CO (77 days)                                                                                                                           847                                                         Misc. Test.              $5,000      770       $83,900
Project Administration                       10                           25       95                                                                                                                                                                    $15,900
Respond to RFIs                                                            5       10                                                                                                                                                                    $1,800
Change Orders (3 per contract)                                             6       30                                                                                                                                                                    $4,300
Pay Apps (5)                                                               5       20                                                                                                                                                                    $3,000
Progress Meetings (monthly per contract)     4                             6       6                                                                                                                                                            30       $2,100
Punch List Visits (2)                                                      6       20                                                         10                                                                                                30       $4,100
Record Plans/Closeout                                                      2       20                               30                        10                                                                                                         $7,500
Iron Replacement (Included in survey)                                                                                                                                                                                                                      $0
2023 Rates (+6.0%)                                                                                                                                                                                                                                       $30,000
Construction Engineering Subtotals           46        0         0       167       636          0        80        95             0          2645        0          0          0       581        0                               $15,000     2,672     $522,000

Project Grand Total                         100        20        8       347     1,284         42        84        804           15         2,670        61        24         38      981       110                               $34,340     2,867     $862,300




                                                                                                                         Page 2 of 2
                                                          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.




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                     3. Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site. Similarly, a site
                        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.




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                     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.
              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.




                                                                                                                                                              page 3 of 3
                                                                                     R:\Draft Specifications and Documents\Final P&N Agreements 2015-06-24\Standard Terms and Conditions - Public Entities.docx
(updated September 15, 2017)
                                                                                                                   Project No.


                                  Professional Services Agreement

This Professional Services Agreement is made this 30th day of August, 2021 (“Agreement”) by
and between Prein & Newhof, Inc. (“P&N”), of 3355 Evergreen Drive, NE, Grand Rapids, MI
49525, and City of Muskegon (“Client”), of 933 Terrace Street, Muskegon, MI 49443.

WHEREAS Client intends to:

Implement FY 2022 projects defined in the City of Muskegon’s FY 2022 SRF and DWRF
Project Plans including the Sanford/Merrill Street and Glenside Phase II (Hadden Street)
projects. Terrace Street Non-motorized path between Apple and Sanford will also be included.

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 Client                                                                  For P&N

Name: Leo Evans, P.E.                                                        Name: Barbara Marczak, P.E.
Title: Director of Public Works                                              Title: Team Leader
Phone Number: 231-724-6920                                                   Phone Number: 231-798-0101
Facsimile Number: 231-727-6904                                               Facsimile Number: 231-798-0337
E-Mail Address: leo.evans@shorelinecity.com                                  E-Mail Address: bmarczak@preinnewhof.com

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 August 30, 2021
☒ P&N Standard Rate Schedule
☐ P&N Supplemental Terms and Conditions
☒ Other: P&N Modified Standard Terms and Conditions for Professional Services (Limitation
of Liability)


3355 Evergreen Drive, NE Grand Rapids, MI 49525 t.616-364-8491 f. 616-364-6955 www.preinnewhof.com

                                                      Page 1 of 2


Template date: January 15, 2016       R:\PRP - Proposal Preparation\City of Muskegon\2021-07 SRF-DWRF\PSA agm 2021-08-30 City of Muskegon revised.docx
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 August 30, 2021
☐ Scope of Services defined as follows:


                                                              NA

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 service are performed.
☐ Hourly Billing Rates plus Reimbursable Expenses per P&N’s Standard Rate Schedule in effect
     on the date services are performed.

☒  Other: Hourly rates and expenses as described in August 30, 2021 proposal. Maximum not to
exceed $862,300 without City of Muskegon authorization.


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

 By:                                                              By:
 Printed Name:           Jason Washler, P.E.                      Printed Name:                    Leo Evans, P.E.
 Title:      Vice President                                       Title:         Director of Public Works
 Date:       August 5, 2021                                       Date:




                                                         Page 2 of 2
Template date: January 15, 2016         R:\PRP - Proposal Preparation\City of Muskegon\2021-07 SRF-DWRF\PSA agm 2021-08-30 City of Muskegon revised.docx
                                                                                                                                                                                                           F
                                                                                                                                                                                                                                                                                                                                                                                                                              F




                                                                                                                                                                                                                                                                                                                                                                                                                                           12
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                                                                                                                                                                                                                                                                                                                                                                                                                    F




                                                                                                                                                   T ST
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          CITY OF MUSKEGON




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                                 E




                                                                                                                                                                                                                                                                                                                                                                                                                                              TE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         MUSKEGON COUNTY, MICHIGAN




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                                                                                                                                                   F




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                      N                                                                                                                                                                                                        8''




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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     SANITARY SEWER REPLACEMENT




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                 M                                                                                                                                                                                                                                       F
                                                                                                                                                                                                                         F




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                                                                                                                                                                                                                                                                                                                                                                F
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          CONCEPTUAL DESIGN




                                                                                                                                                                                                                                            F
                                                                                                            F                                                                                                                                                                                                                                     8''
                                            8 ''




                                                                                                                                                                                                                                                                                                                                                                                                                                                             2 ''
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                    10
                                                                                                                                                                                                                                   8''
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      2210212




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                                                                                                                                                                     3R




                                                                                                                                                                                                                                                                                                                                                                                                                                                                    10
                                                                                                                                                                                                                                                                                                          A
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 LEGEND




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                                                                                                                                                                                                                                                                                                        AW




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                                                       F




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                                                                                                                                                                                                                                                                                                                                                                                                 E
                                                                                                                                                                                                                                                                                                                                                                                              AV
                                                                                                                                                                                                                                                                                                                                                                                              F
                                                                                                                                                                                                                                                                                                                                                                                         NA




                                                                                                                                                                                                      F




                                                                                                                                                                                                                                      F
                                                                                                                                                                                                                                                                                                                                                                                      IO




                                                                                                                                                                                                                                                                         F
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Existing Manhole
                                                                                                                                                                                                                                                                                                                                                                    8''




                                                                                                                                                                 F




                                                                                                                                                                                                                                       F
                                                                  1
                                                                   F  2 ''                                                                                                                                                                                                                                                                                  F




                                                                                                                                                                                                                                                                                                                                                                                         8''
                     F




                                                                                                                                                                                                                                                                                                                                                                                         F
                                                                                                                                                                                                                   F                                  12''                                                                                                                                                                                                                                                                                                                                           F   Existing Gravity Main




                                                                                                                                                                                                                                                                                                                                                                                               RA
                                                                                                                                                                                                                                                             F
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                                                                                                                                                                                                                                                                          10''
F




                                                                                                                                                                                 F
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Existing Gravity Main - To Be Abandoned




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                                                                                                                                                                                                                                                                                                              F




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                                                                                                                                                                                                    JEFFERSON ST




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                                                                                                                                                                                                                                          F




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                                                                                                                                                                                                                                                       F
                                                                                                                                                                                                                                                                                                                                                                                                       8''
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                                                                                                                                                                                                F




                                                                                                                                                                                                                                                                                       F                          F               8''             F                 IRWIN AVE           F                                                         15''
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                                                                                                                                                                                                                             F
                                                                                                                                                                                                                             F
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                                                                                                                                                                                                                                                                                                                                                                                                                JIROCH ST




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                         F           8''           F                   F         WASHINGTON AVE
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                                                                                                                                           F              10''              F                                                                   F
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                                                                                                                                                                                                                                                                                                                                     CLINTON ST
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                                                                                                                          F




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                                                                                                                                                                                                                                                                                                                                                                                                                                                                               LEAHY ST
                                                                                                                                                                                                                                                                                                                                 F
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     10''




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               SCALE: 1 " = 200 '
                                                                                                                                                                                            F




                                                                                                                                                                                                                                                                                                                                                                                                                                                  F
                                                                                                                                                                                                                             F
                                                                                                                 8''




                                                                                                                                                                                                                                                                                                                                                                                                               F
    8''
                                                                                                                                                                                                                                                                   F




                                                       F                                              F                                                                                                                                                                                6''                                                              6''
                                                                                                                 12''




                                                                                                                                                                                                                                                                                       F                                                                F
                                                                                                                                                                                                                                                                                                                                                                GRAND AVE
                                                                                                               10''




                                                                                                                                                                                            F
                                                                F                                                                                                                                                                               F                                        F
                                                                                                                                                                                                                                                                                             GRAND AVE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                               CITY OF MUSKEGON
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MUSKEGON COUNTY, MICHIGAN




                                                                                                                           F




                                                                                                                                                                                F
                                                                                   F




                                                                                                                                                                                                                                                                             F
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                SANFORD STREET
                                                                                                                                                                                                                                                                                                                                                                                                                                                                          SANITARY SEWER REPLACEMENT




                                                                                                                                                                                                                                                                                                                              F
    F




                                                                                                                                                                                                                                                                                                                                                                                                                                                                               CONCEPTUAL DESIGN




                                                                                                                                                                     8''




                                                                                                                                                                                                                                                                                                                       12''
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         FIGURE 4A
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         FIGURE 4B




                                                                                                                                                                                                                                                                                                                                              8''
                                                                                                                                                                           F




                                                                                                                                                                                                                                                                                                                                                F
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           2210212




                                                                               12''
                                                                                F




                                                                                                                                                                                                                                  F




                                                                                                                                                                                                                                                                             F
                                                                                                                      F
                                                                                 F




                                                                                                                                                                                F
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LEGEND




                                                                                                                                                                                                                                                                                                                           F
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Proposed Manhole




                                                                                                       F
          F
F




                                                                                                      8''
                        10''




                                                                                                                                                                                                                                                                      8''




                                                                                                                                                                                                                                                                                                                              JIROCH ST
                                F
                                                                                                8''                                8''




                                                                                                       F
                                                                                                F                                  F




                                                                                                                                                                                                                                                                             F
                                                                                                                                                                                           SOUTHERN AVE                               F             8''                                                                                                                                                                                                                   F   Proposed Gravity Main




                                                                                                                    F
                                                                                                                                                                                                                                                          F


                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Existing Manhole




                                                                                                                                                                                                                                                                                                                           F
6TH ST




                                                                                                                   F




                                                                                                                                                                             F
 F




                                                                                                                                                                                                                                                                                                                                                                                                                                                                          F   Existing Gravity Main
                                                                                 F




                                                                                                                                                                                                                                                                             F
                                                                                                                                                                       F




                                                                                                                                                                                                                              F
                                                                                                                    8''
                                                                                                                     F                                                                                                                                                                                                                                                                                                                                                        Existing Gravity Main - To Be Abandoned
                                                                             F




                                                                                                                                                                       8''




                                                                                                                                                                                                                                                                                                                       F
                                                                                                                 F




                                                                                                                                                                                                                                                                                                                    10''
                  8''




                                                                                                                                                                           F
              F                 F                                                                                                                                                   6''
                                                                                                                                                                                    F
                                                                                                                                       FOREST AVE                                                     8''                             4''
                                                                                                                                                                                                                                      F
                                                                                                                                                                                                      F
                                                                                                                                                                                                                                                                                                                  ''




                                                                                                                                                                                                                                                                                                                           F
                                                                                                                                                                                                                                                                                                               10 F
                                                                               F




                                                                                                                                                                                                                                                                                                 8''
F




                                                                                                                                                                                                                                                                                             F            F
                                                                        10''




                                                                                                                                                                                                                                                                CLINTON ST




                                                                                                                                                                                                                                                                                                                               F
                                                                        F




                                                                                                                                                                                                                              F
                                                                                                              F
                                                                                                            8''




                                                                                                                                                                           ST




                                                                                                                                                                                                                                                                                                                                                    LEAHY ST
                                                                             F




                                                                                                                                                                                                                                                                                                                                      F
                                                                                                                                                                   SANFORD
                                                                                                                                                                       F
                                                                                                                                                                       F




                                                                                                                                                                                                                        8''




                                                                                                                                                                                                                                                                                                                                      F
                                                                                                                F
                                                                         10''
                                                                          FF




                                                                                                                                                                                                                          F
                                                                                                                F




                                              8''                                          DALE AVE
                                      F                   F                                                                    F   10''      F
                                                                                                                                                                                                  8''                         F        8''  F
                                                                       F 8''




                                                                                                                                                                                                  F




                                                                                                                                                                                                                                                                                 F
                                                                                                                       F




                                                                                                                                                                                                                         F
                                                                                                            JEFFERSON ST




                                                                                                                                                             8''
                                                                             F




                                                                                                                                                                       F
                                                                                                                                                                   F




                                                                                                                                                                                                                                                                                 F
                                                                       F




                                                                                                                                                                                                                        F
                                                                                                            F




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                                                                                                                                                             F




    8''
    F




                                                                                                                                                                                                                                                                                                              8''
                                                          8''




                                                                                                                                                                                                                                                                                                               F
                                          F                                            F




                                                                                                                                                                                                                                                                                     F
                                                                                                                                   F                 8''                                  LARCH AVE                                          10''
                                                                                                                                             F                                                          8''                                     F




                                                                                                                                                                                                                                                                                                                                              8''
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                                                                    5TH ST




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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    SCALE: 1 " = 200 '
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                                                                                                                                                                                                              PECK ST




                               LAKETON AVE
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      F
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                                   BOURDON ST
                                                                                                                                                                                                                                                                                                                                                                                                            F                                                                                                                                                                                                              MUSKEGON COUNTY, MICHIGAN




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                                                                                                                                                                                                                                                                                                                                                                              6''
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                                                                                                                                                                                                                                             F                   8''                                                                                                                                                                                                                                                                                                                                                       Existing Gravity Main - To Be Abandoned
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                                                                                                                                                                                                                           Phase IV
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                                                                                                                                                                                                                                                                                                                                              GLE NSIDE BLVD
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                                                                                                                                                                                                                                SHERMAN BLVD
                                   F




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                SCALE: 1 " = 250 '
                                           City of Muskegon

                               Principal Forgiveness Summary
FY 2022 - SRF (estimated SRF loan = $3,815,000)

     Estimated Disadvantaged Principal Forgiveness (20%)                                                                 $763,000


     Estimated additional Principal Forgiveness for MAHI <36,000 (10%)                                                   $381,500


     Total FY 2022 SRF Principal Forgiveness                                                                           $1,144,500


FY 2022 DWRF (estimated loan = $6,710,000)


     Lead Service Line Replacements - Principal Forgiveness                                                            $3,000,000


     Drinking Water Infrastructure Grant                                                                               $1,014,000


     Estimated Disadvantaged Principal Forgiveness                                                                       $607,250


     Estimated Additional Principal Forgiveness for MAHI < $35,000                                                       $121,450


     Total FY 2022 DWRF Principal Forgiveness                                                                          $4,742,700


     Total Principal Forgiveness                                                                                       $5,887,200


Interest Rate = 1.875% (20 year loans)




Prepared by Prein&Newhof                        R:\PRP - Proposal Preparation\City of Muskegon\2021-07 SRF-DWRF\Summary Table Principal Forgiveness
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: September 14th,                 Title: Bulk Sticker Fee Adjustment
2021

Submitted By: Leo Evans                                  Department: Public Works

Brief Summary:
Staff is requesting Commission approval to adjust the user fee for Bulk Item stickers from the current
rate of $2/EA or 6 for $10 to a new proposed rate of $3/EA and 4 for $10.


Detailed Summary:
Staff is planning to increase the user fee for bulk item stickers and begin to offer free bags with the
purchase of a sticker. Residents purchasing a sticker would be able to take one bag per sticker. Two
bag options would be provided; a heavy duty 60 gallon bag for miscellaneous items; or a larger thin
bag for wrapping a mattress. The hope is this program will save someone from having to make a
separate stop to purchase bags and stickers and make it into a single stop operation.


Amount Requested: N/A                                   Amount Budgeted: N/A

Fund(s) or Account(s): N/A                              Fund(s) or Account(s): N/A

Recommended Motion:
Authorize a change to the Bulk Item Sticker pricing in the user fee schedule to $3 per each or 4 each for $10.


Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
                         Agenda Item Review Form
                          Muskegon City Commission
Commission Meeting Date: September 13,              Title: Amendment to the Floodplain
2021                                                Management Ordinance

Submitted By: Mike Franzak                          Department: Planning

Brief Summary: Staff-initiated request to amend Sections 26-401 through 26-405 of the City Code
of Ordinances to adopt the new Flood Insurance Rate Map panels from the National Flood Insurance
Program.



Detailed Summary: The only change is to the Flood Insurance Rate Map panels listed in Section
26-403.



Amount Requested:                                  Amount Budgeted:

Fund(s) or Account(s):                             Fund(s) or Account(s):

Recommended Motion: To approve the request to amend Sections 26-401 through 26-405 of the
City Code of Ordinances to adopt the new Flood Insurance Rate Map panels from the National Flood
Insurance Program.
                                               CITY OF MUSKEGON

                                       MUSKEGON COUNTY, MICHIGAN

                                               ORDINANCE NO._____

An ordinance to amend Sections 26-401, 26-402, 26-403, 26-404 and 26-405 of the City Code of Ordinances to
adopt the new Flood Insurance Rate Map panels.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

NEW LANGUAGE (additions in bold)

Sec. 26-401. Agency designated.
Pursuant to the provisions of the state construction code, in accordance with section 8b(6) of Act 230 of the Public
Acts of 1972, as amended, the planning department of the City of Muskegon is hereby designated as the enforcing
agency to discharge the responsibility of the City of Muskegon under Act 230, of the Public Acts of 1972, as amended,
State of Michigan. The City of Muskegon assumes responsibility for the administration and enforcement of said Act
throughout the corporate limits of the community adopting this ordinance.
Sec. 26-402. Code appendix enforced.
Pursuant to the provisions of the state construction code, in accordance with section 8b(6) of Act 230 of the Public
Acts of 1972, as amended, Appendix G of the Michigan Building Code shall be enforced by the enforcing agency
within the jurisdiction of the community adopting this article.
Sec. 26-403. Designation of regulated flood prone hazard areas.
The Flood Insurance Study for Muskegon County, All Jurisdictions, effective October 7, 2021 and the Flood Insurance
Rate Map (FIRM) panels: 26121CIND0B, 26121C0144E, 26121C0163E, 26121C0164E, 26121C0251E,
26121C0252E, 26121C0254E, 26121C0256E, 26121C0257E, 26121C0258E, 26121C0259E, 26121C0276E,
26121C0278E, 26121C0279E, effective October 7, 2021 and 26121C0165D, 26121C0277D,
26121C0285D, effective July 6, 2015 are adopted by reference for the purposes of administration of the Michigan
Construction Code and declared to be a part of section 1612.3 of the Michigan Building Code, and to provide the
content of the "flood hazards" section of table R301.2(1) of the Michigan Residential Code.
Sec. 26-404. Repeals. All ordinances inconsistent with the provisions of this article are hereby repealed.
Sec. 26-405. Publication. This article shall be effective after legal publication and in accordance with the provisions of
the act governing same.


This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:
First Reading:

Second Reading:

                  CITY OF MUSKEGON


                  By: _________________________________
                         Ann Meisch, MMC, City Clerk
                                         CERTIFICATE

       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 14th day of September, 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.


DATED: ___________________, 2021.            __________________________________________
                                             Ann Meisch, MMC
                                             Clerk, City of Muskegon




Publish:       Notice of Adoption to be published immediately after final adoption.
                                               CITY OF MUSKEGON
                                               NOTICE OF ADOPTION

Please take notice that on September 14, 2021 the City Commission of the City of Muskegon adopted an
ordinance to amend Sections 26-401, 26-402, 26-403, 26-404 and 26-405 of the City Code of Ordinances
to adopt the new Flood Insurance Rate Map panels.
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 immediately after the date of this publication.


Published ____________________, 2021.                          CITY OF MUSKEGON


                                                               By _________________________________
                                                                        Ann Meisch, MMC
                                                                        City Clerk


---------------------------------------------------------------------------------------------------------------------


PUBLISH ONCE WITHIN IMMEDIATELY AFTER FINAL PASSAGE.


Account No. 101-80400-5354
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: September 14,                Title: Sale – 239 Monroe Ave.
2021

Submitted By: Hope Griffith                           Department: Planning Department

Brief Summary: City staff is seeking authorization to sell the City-owned home at 239 Monroe Ave.
to Dakota J. Crow and Annah Crow.

Detailed Summary: The city constructed this house as part of the phase two of our infill housing
program. Our contract to construct the home was $164,470. We also anticipated $11,512 in sales
commissions. There are additional costs $7,286.12 (switching the range from electric to gas,
changing laminate counter tops in the kitchen from solid to surface, discount kitchen sink, hook up
new single-bowl undermount sink & permits, fees, dumpster). The accepted purchase price is
$177,900.




Amount Requested: None.                              Amount Budgeted: $0

Fund(s) or Account(s): N/A                           Fund(s) or Account(s): N/A

Recommended Motion: Authorize the Code Coordinator to complete the sale of 239 Monroe Ave,
as described in the attached purchase agreement and to have the Mayor and Clerk sign the deed.



Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
dotloop signature verification: dtlp.us/T5dF-qtPL-qTJd

                                                         WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
                                                                                                                                                                         #         3
         DATE:                         08/25/2021                    ,                       (time)                                           MLS #                 21017086

         SELLING OFFICE:                          West Urban Realty              BROKER LIC.#:        6506015435           REALTOR® PHONE:                         616-366-2459

         LISTING OFFICE:                         West Urban Realty              REALTOR® PHONE:                  616-366-2459

        1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any
            counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days"
            in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference
            to "time" refers to local time.
         2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding
             Real Estate Agency Relationships. The selling licensee is acting as (check one):
                  Agent/Subagent of Seller             Buyer’s Agent          Dual Agent (with written, informed consent of both Buyer and Seller)
                  Transaction Coordinator
              Primary Selling Agent Name:                      Mariana Murillo VanDam                  Email: mariana@westurbanrealtymi.c Lic.#:                             6506015435

             Alternate Selling Agent Name:                                             Email:                                   Lic.#:
         3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
                 Buyer has received the Seller’s Disclosure Statement, dated                              . Seller certifies to Buyer that the Property
                 is currently in the same condition as Seller previously disclosed in that statement. Seller agrees to inform Buyer in writing of any
                 changes in the content of the disclosure statement.
                 Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
                 of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
                 Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
                 registered mail. Exceptions:                                    new construction home warranty
                 Seller is exempt from the requirements of the Seller Disclosure Act.
        4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached
            and will be an integral part of this Agreement.
        5. Property Description: Buyer offers to buy the property located in the        City    Village Township of                Muskegon           ,
            County of               Muskegon County            , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
                                                                         239 Monroe Avenue, 239, Muskegon, MI 49441
             with the following legal description and tax parcel ID numbers:
                 Unit 239, Midtown 2 Condominium, a Condominium according to the Master Deed recorded in Liber 4242, Page 355, as
                 amended, in the Office of the Muskegon County Register of Deeds, and designated as Muskegon County Condominium
              Subdivision Plan No. 214, together with rights in general common elements and limited common elements as set forth in said
             PP#                                                      24-205-379-0003-00                                                .
           The following paragraph applies only if the Premises include unplatted land:
           Seller agrees to grant Buyer at closing the right to make (insert number)           na        division(s) under Section 108(2), (3), and
           (4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays
           with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the
           number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale
           will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or
           before                                  , of the proposed division to create the Premises.
        6. Purchase Price: Buyer offers to buy the Property for the sum of $                 $177900
                                                 one hundred seventy-seven thousand nine hundred                                           U.S. Dollars
        7. Seller Concessions, if any:                                                                           na


        8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.)
           SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below
           are currently available to Buyer in cash or an equally liquid equivalent.
             If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within
             three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall
             receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price.
                   CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent
                   verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or
                   Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement
                   at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be
                   arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement.
                   NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to
                   obtain a                                type                 (year) mortgage in the amount of              % of the Purchase Price
                   bearing interest at a rate not to exceed                % per annum (rate at time of loan application), on or before the date the sale is
                   to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
                   process the application, within                    days after the Effective Date, not to impair Buyers’ credit after the date such loan if
                   offered.      Seller    Buyer will agree to pay an amount not to exceed $                         representing repairs required as a
                   condition of financing. Buyer         agrees      does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
         ©Copyright, West Michigan REALTOR® Associations                                                  DJC         AC                                    FP
         Page 1 of 6 Rev. Date 1/2021                                                                    08/25/21     08/25/21 Buyer’s   Initials        08/25/21              Seller’s Initials
                                                                                                       7:04 PM EDT7:02 PM EDT                          8:01 PM EDT
                                                                                                      dotloop verified
                                                                                                                  dotloop verified                    dotloop verified
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                                                                                                                      West Michigan Regional Purchase Agreement              Page 2 of 6
                   Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
                   Exceptions:

                   SELLER FINANCING (check one of the following):                         CONTRACT or                   PURCHASE MONEY MORTGAGE
                   In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
                   credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
                   Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
                   within 48 hours. Seller is advised to seek professional advice regarding the credit report.
                   $                           upon execution and delivery of a
                   form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
                   will be payable in monthly installments of $                            or more including interest at                    % per annum,
                   interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
                   will become due and payable                            months after closing. Any appraisal required by Buyer shall be arranged and
                   paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:


                   EQUITY (check one of the following):        Formal Assumption or        Informal Assumption
                   Upon execution and delivery of:       Warranty Deed subject to existing mortgage OR             Assignment of Vendee Interest
                   in Land Contract, Buyer to pay the difference (approximately $                             ) between the Purchase Price above
                   provided and the unpaid balance (approximately $                             ) upon said mortgage or land contract, which Buyer
                   agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
                   taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
                   (10) days after the Effective Date of this Agreement. Exceptions:

                   OTHER:


         9. Contingencies: Buyer’s obligation to consummate this transaction (check one):
                   IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
                   IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:
                                                                           3979 Lake Point Dr., Norton Shores, MIn49441
                   A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
                   or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
                   writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
                   Money Deposit.
                   IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
                   of a sale or exchange of Buyer’s property located at
                                                         on or before              10/31/2021              . Seller will have the right to continue to
                   market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
                   thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
                   price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
                   promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:
                                                 Seller to provide a copy of all covenants & deed restrictions, including fees and/or assessments.
         10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
             improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
             following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
             bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
             disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
             shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
             pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
             heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
             heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
             rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
             backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
             detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
             opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:
                                                         all kitchen appliances. electric stove to be changed to gas stove per seller's cost.




              but does not include:


                                                    239 Monroe Avenue, 239, Muskegon, MI 49441                                                        08/25/2021
                                                 Subject Property Address/Description                                                                   Date                 Time
         ©Copyright, West Michigan REALTOR® Associations                                                     DJC          AC                                 FP
         Revision Date 1/2021                                                                              08/25/21     08/25/21
                                                                                                                                   Buyer’s Initials       08/25/21
                                                                                                                                                                          Seller’s Initials
                                                                                                         7:04 PM EDT7:02 PM EDT                         8:01 PM EDT
                                                                                                        dotloop verified
                                                                                                                    dotloop verified                   dotloop verified
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                                                                                                               West Michigan Regional Purchase Agreement              Page 3 of 6

           11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
               possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
               cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
               that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
               expended through normal use. Exceptions:

           12. Assessments (choose one):
               If the Property is subject to any assessments,
                     Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
                     of any installment arrangements), except for any fees that are required to connect to public utilities.
                     Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
                     and pay all other installments of such assessments.
           13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all
               taxes billed after those addressed below.
                   Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
                   tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
                   Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
                   property is transferred.
                     No proration.         (Choose one):
                            Buyer              Seller    will pay taxes billed summer                       (year);
                            Buyer              Seller    will pay taxes billed winter                       (year);
                     Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
                     necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
                     and prorated to the date of closing with Seller paying for January 1 through the day before closing.
                     Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one):         advance.          arrears.
                     Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
                     year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
                     down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:

           14. Well/Septic: Within ten (10) days after the Effective Date, Seller will arrange for, at Seller’s expense, an inspection of the primary well
               used for human consumption (including a water quality test for coliform bacteria and nitrates) and septic systems in use on the
               Property. The inspection will be performed by a qualified inspector in a manner that meets county (or other local governmental
               authority, if applicable) protocol. Seller will also follow any governmental rules regarding pumping of tanks.
               Where no county or government protocol is in place, Seller will arrange for, at Seller’s expense, well and septic inspections (as
               referenced above) by a qualified inspector, Seller will have tanks pumped, unless a qualified inspector determines, in writing, that
               pumping is not necessary.
                   If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may,
                   within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a
                   refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails
                   to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-
                   is. Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable
                   resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of
                   termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract,
                   Buyer will proceed to closing according to the terms and conditions of this Agreement. Exceptions:

           15. Inspections & Investigations:
                   Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
                   Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be
                   Buyer’s responsibility and expense. In the event of VA financing, Seller will pay for the inspection for termites and other wood
                   destroying insects.
                   Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances
                   and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the
                   Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone.

  DJC              All inspections and investigations will be completed within ten (10) days after the Effective Date. If the results of Buyer’s inspections
   08/25/21        and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, by written notice to Seller, either
 7:04 PM EDT       terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
     AC
dotloop verified
                   those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
   08/25/21
 7:02 PM EDT
dotloop verified
                                                    239 Monroe Avenue, 239, Muskegon, MI 49441                                                 08/25/2021
                                                   Subject Property Address/Description                                                          Date                 Time
           ©Copyright, West Michigan REALTOR® Associations                                            DJC          AC                                 FP
           Revision Date 1/2021                                                                     08/25/21     08/25/21
                                                                                                                            Buyer’s Initials       08/25/21
                                                                                                                                                                   Seller’s Initials
                                                                                                  7:04 PM EDT7:02 PM EDT                         8:01 PM EDT
                                                                                                 dotloop verified
                                                                                                             dotloop verified                   dotloop verified
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                                                                                                                West Michigan Regional Purchase Agreement              Page 4 of 6

                 deemed to have accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal
                 or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s
                 receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a
                 refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will
   DJC be            deemed to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this
                 Agreement.
    08/25/21
                     Buyer has waived all rights under this Inspections & Investigations paragraph.
     AC
 7:04 PM EDT
dotloop verified

   08/25/2116. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector

dotloop verified ordinances, if applicable.
 7:02 PM EDT


           17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and
                 other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage
                 ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at
                 Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status
                 report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is
                 not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided.
              If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller,
              either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
              those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
              deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s
              proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days
              after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and
              shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day
              period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions
              of this Agreement. Exceptions:                            closing for buyer and seller to be held at Transnation Title.
                                                                 Seller to convey basic owners policy per the master deed
        18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property
            and the location of improvements thereon.
                 Buyer or     Seller (check one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron
              corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of
              the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which
              would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may,
              within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money
              Deposit.
                 No survey. Buyer has waived all rights under this paragraph.
              When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements
              thereon. Exceptions:

        19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide
            additional protection and benefit to the parties. Exceptions:

         20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien
             assumed by Buyer; will all be adjusted to the date of closing.
        21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than
                       10/31/2021           . An additional period of fifteen (15) days will be allowed for closing to accommodate the
            correction of title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required
            inspections/repairs. During this additional period, the closing will be held within 5 days after all parties have been notified that all
            necessary documents have been prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the
            case of VA financing where Seller will pay the entire closing fee. Exceptions:

         22. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be
             delivered to Buyer, subject to rights of present tenants, if any.
                  At the completion of the closing of the sale.
                  At                   a.m.   p.m. on the                    day after completion of the closing of the sale, during which time Seller
             will have the privilege to occupy the Property and hereby agrees to pay Buyer $                                          as an occupancy
             fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds.
             If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as
             liquidated damages $                     per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller
             from the Property.


                                                    239 Monroe Avenue, 239, Muskegon, MI 49441                                                  08/25/2021
                                                 Subject Property Address/Description                                                             Date                 Time
         ©Copyright, West Michigan REALTOR® Associations                                               DJC          AC                               FP
         Revision Date 1/2021                                                                        08/25/21     08/25/21   Buyer’s Initials       08/25/21        Seller’s Initials
                                                                                                   7:04 PM EDT7:02 PM EDT                         8:01 PM EDT
                                                                                                  dotloop verified
                                                                                                              dotloop verified                   dotloop verified
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                                                                                                               West Michigan Regional Purchase Agreement              Page 5 of 6
              If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and
              mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any
              portion of the Property will be Seller’s responsibility and expense.
              On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all
              personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on
              all utilities, and shall deliver all keys to Buyer. Exceptions:

        23. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until                              9pm                        (time) on
                         08/25/2021              (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by
            Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $                  $1000
            shall be submitted to                                       Transnation Title                                  (insert name of broker, title
            company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest
            Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this
            Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller
            waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other
            than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement
            and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding
            the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If
            Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed
            to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be
            negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller.
            In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as
            determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation,
            and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action
            instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement
            conflict with this paragraph, then the terms and conditions of the escrow agreement shall control.
        24. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional
            advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the
            legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to
            Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the
            sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement
            made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale
            transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement
            separately signed by Seller.
        25. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect
            to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing
            Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business.
        26. Other Provisions:




         27. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no
             oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed
             by Buyer and Seller and attached to this Agreement.
        28. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any
            amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence
            of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal
            equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s)
            required or permitted under this Agreement may also be transmitted by facsimile or other electronic means.
        29. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
            communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
            license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
            Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
            Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
            to steal funds or use your identity.

                                                    239 Monroe Avenue, 239, Muskegon, MI 49441                                                 08/25/2021
                                                 Subject Property Address/Description                                                            Date                 Time
         ©Copyright, West Michigan REALTOR® Associations                                              DJC          AC                                 FP
         Revision Date 1/2021                                                                       08/25/21     08/25/21   Buyer’s Initials       08/25/21        Seller’s Initials
                                                                                                  7:04 PM EDT7:02 PM EDT                         8:01 PM EDT
                                                                                                 dotloop verified
                                                                                                             dotloop verified                   dotloop verified
dotloop signature verification: dtlp.us/T5dF-qtPL-qTJd



                                                                                                                 West Michigan Regional Purchase Agreement                     Page 6 of 6



        30. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
                                                                                                                                                         dotloop verified
                                                                                                              Dakota James Crow
              Buyer 1 Address                      3979 Lake Point Dr, Norton Shores, MI 49441            X                                              08/25/21 7:04 PM EDT
                                                                                                                                                         X1RB-DB3K-AFUE-WDC8       Buyer
              Buyer 1 Phone: (Res.)                                  (Bus.)                                                          Dakota James Crow
                                                                                                                       Print name as you want it to appear on documents.
                                                                                                                                                            dotloop verified
              Buyer 2 Address                                                                             X Annah Crow                                      08/25/21 7:02 PM EDT
                                                                                                                                                            KHMF-0PEK-QG6B-IR1K    Buyer
              Buyer 2 Phone: (Res.)                                  (Bus.)                                                             Annah Crow
                                                                                                                       Print name as you want it to appear on documents.


        31. Seller’s Response: The above offer is approved:                      As written.      As written except:
              Buyer will have first right of refusal within 24 hours of formal or informal notice of another offer after 8/27/21 11pm.




             Counteroffer, if any, expires                                       , at                     (time). Seller has the right to withdraw this
             counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance.
        32. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as
            disclosed in the Seller’s Disclosure Statement dated                            (check one): Yes No. Seller agrees to inform Buyer
            in writing of any changes in the content of the disclosure statement prior to closing.
        33. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not
            relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by
            the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form
            is available from the respective agents via the West Michigan REALTOR® Boards.
       34. Listing Office Address:                       255 W Western Ave, Muskegon, MI 49440                       Listing Broker License #                       6506015435
             Listing Agent Name:                               Mariana Murillo VanDam                                 Listing Agent License #

        35. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s
            response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required
            below.                                                                                                           dotloop verified

            X (Seller’s Signature, Date, Time):
                                                Frank Peterson                                                               08/25/21 8:01 PM EDT
                                                                                                                             BGGQ-P7L2-DBVR-ZHMG

                                                Frank Peterson                                                    Is Seller a U.S. Citizen?      Yes         No*
                                Print name as you want it to appear on documents.

             X (Seller’s Signature, Date, Time):
                                                                                                                  Is Seller a U.S. Citizen?      Yes         No*
                                 Print name as you want it to appear on documents.
             Seller’s Address:                                                           Seller’s Phone (Res.)                                    (Bus)
                             * If Seller(s) is not a U.S. Citizen, there may be tax implications and Buyer and Seller are advised to seek professional advice.

        36. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response
            constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged.
                                                                                                                                                                        dotloop verified

             X (Buyer’s Signature, Date, Time): Dakota James Crow
                                                                                                                                                                        08/25/21 7:04 PM
                                                                                                                                                                        EDT

                                                                                                                                                                      dotloop verified

             X (Buyer’s Signature, Date, Time): Annah Crow
                                                                                                                                                                      08/25/21 7:02 PM EDT
                                                                                                                                                                      XYQB-ZQCM-D7RV-9VEX




        37. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer.
                                                                                                                                                                     dotloop verified
             X (Seller’s Signature, Date, Time): Frank Peterson                                                                                                      08/25/21 8:01 PM EDT
                                                                                                                                                                     FONV-LNG7-LAUM-DAQM


             X (Seller’s Signature, Date, Time):



                                                     239 Monroe Avenue, 239, Muskegon, MI 49441
                                                 Subject Property Address/Description                                                             Date                         Time
         ©Copyright, West Michigan REALTOR® Associations                                                DJC          AC                                FP
         Revision Date 1/2021                                                                         08/25/21     08/25/21
                                                                                                                              Buyer’s Initials      08/25/21
                                                                                                                                                                           Seller’s Initials
                                                                                                    7:04 PM EDT7:02 PM EDT                        8:01 PM EDT
                                                                                                   dotloop verified
                                                                                                               dotloop verified                  dotloop verified
                           Agenda Item Review Form
                           Muskegon City Commission
Commission Meeting Date: September 14, 2021               Title: ARP Infill Housing Program

Submitted By: Frank Peterson                              Department: City Manager

Brief Summary: City staff has developed and released a Request for Qualifications for homebuilders to
participate in our ARP Infill Housing Program. We received a total of four responses.

Detailed Summary: Staff is recommending that all four builders be selected to submit formal proposals to
construct homes as part of the ARP Infill Housing Program. LRS Enterprises submitted to construct five
homes; Williams Construction submitted to construct six homes; Kramer Builders submitted to construct
three homes, and West Urban Properties submitted to construct the full $5 Million program. We are using
a rough estimate of $250,000 per home, but the actual costs will be determined as the builders bid their
specific projects with their subcontractors. The breakdown will look something like this:
 Builder/Developer                     City ARPA Funds                  Developer Funds
 LRS Enterprises                       $750,000                         $750,000
 Williams Construction                 $750,000                         $750,000
 Kramer Builders                       $250,000                         $250,000
 West Urban Properties                 $3,250,000                       $3,250,000

Amount Requested: N/A                                    Amount Budgeted: N/A

Fund(s) or Account(s): N/A                               Fund(s) or Account(s): N/A

Recommended Motion: Authorize staff to work directly with the following qualified builders: LRS
Enterprises, Williams Construction, Kramer Builders, and West Urban Properties to submit formal
construction proposals to build a minimum of 40 new single-family homes as part of the ARP Infill Housing
Program at a cost not to exceed $5 Million.

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For City Clerk Use Only:
Commission Action:
                           Agenda Item Review Form
                           Muskegon City Commission
Commission Meeting Date: September 14, 2021                 Title: Arena Buildout – Carlisle’s

Submitted By: Frank Peterson                                Department: City Manager

Brief Summary: Carlisle’s restaurant is officially moving forward at Mercy Health Arena. Staff is seeking
approval to perform the construction activities.

Detailed Summary: After more than two years of planning, we have started demolition of the front
entryway at the arena to accommodate the facility’s newest restaurant. There are a number of logistics
related to the construction timing that is resulting in a logical path forward that includes the City managing
the construction project and timeline.
There are a number of key milestones that we must hit, including the two greatest issues: moving doors for
the opening of the hockey season in October, and building in compliance with our liquor license. Our lease
with Carlisle’s calls for them to begin construction after the DDA liquor license is secured – that may take
much of October and is not acceptable to the Lumberjacks. To expedite the process, the Arena is seeking
to undertake and manage the construction efforts. We would enter into the construction contract with
Platinum Construction (Carlisle’s contractor). Carlisle’s ownership group would then pay us in full once
construction is complete. Note that we have their bank approval letter, and their financing is already set.
The buildout will take 8-10 weeks at an estimated cost of $647,202.49.

Amount Requested: $647,202.49                             Amount Budgeted: $0

Fund(s) or Account(s): Arena Fund                         Fund(s) or Account(s): N/A

Recommended Motion: Approve the expenditure of $647,202.49 for the construction of Carlisle’s and
amend the budget accordingly to account for both the expenditure and the reimbursement in the Arena
Fund.

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Police Dept.        Fire Dept.        IT Dept.


For City Clerk Use Only:
Commission Action:
WATCH
                           Agenda Item Review Form
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                           Muskegon City Commission

Commission Meeting Date: September 14, 2021               Title: Sale - 766 Leonard

Submitted By: Jake Eckholm                                Department: Economic Development

Brief Summary: City staff is seeking authorization to sell the city-owned home at 766 Leonard in
Jackson Hill to Brittany Dlynn Brown.

Detailed Summary: The city is constructing this single family detached home as part of our infill housing
program. Our contract to construct two homes was for 425,000, and the estimated finished costs of this
home will be $215,000. We also anticipated $12,900 in sales commissions. The accepted purchase price is
$200,000, and the incurred sales commissions are $10,000. The City will not contribute funds toward
closing costs outside of seller's agent commission. The proceeds of this home will repay a portion of the
Priority Related Investment made by the Community Foundation for Muskegon County. The sale of the
second home in this project should repay the remainder, and any additional funds will reimburse the
Economic Development Fund for the $75,000 investment in the project.

Amount Requested: None at this time                     Amount Budgeted: $0

Fund(s) or Account(s): N/A                               Fund(s) or Account(s): N/A

Recommended Motion: Authorize the City Manager to complete the sale of 766 Leonard Street, as
described in the purchase agreement.

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For City Clerk Use Only:
Commission Action:
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: September 14, 2021            Title: Community Relations Committee
                                                       Recommendations

Submitted By: Ann Marie Meisch                         Department: Clerk

Brief Summary: To appoint Emilio Trejo to the Historic District Commission.

Detailed Summary: The CRC recommends appointing Emilio Trejo to the vacant position on the
Historic District Commission – Term expiring 01/31/2022.


Amount Requested: N/A                               Amount Budgeted: N/A

Fund(s) or Account(s): N/A                          Fund(s) or Account(s): N/A

Recommended Motion: To concur with the recommendation of the CRC on the appointment

For City Clerk Use Only:



Commission Action:
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: September 14,                Title: 2020 Consolidated Annual
2021                                                  Performance Evaluation Report (CAPER )
                                                      Hearing

Submitted By: Oneata Bailey                           Department: Community and Neighborhood
                                                      Services

Brief Summary: The CAPER is available on our website for citizen review and comment period of
20 days from September 5 -25, 2021. A public Hearing is another opportunity to comment about
the Federal CDBG and HOME program activities performed during the fiscal year 2020 (July 1,
2020 - June 30, 2021). Click on the link to view the CAPER Here is some text (muskegon-mi.gov)



Detailed Summary: Citizen input is a necessary process of program activities for the CDBG/HOME
annual allocations. The 2020 CAPER is another opportunity to comment on the performance
achievements of the annual projects during the Hearing.



Amount Requested: NA                                 Amount Budgeted: NA

Fund(s) or Account(s):NA                             Fund(s) or Account(s):NA

Recommended Motion: To conduct a Public Hearing for the 2020 CAPER review.



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For City Clerk Use Only:
Commission Action:
                         Agenda Item Review Form
                          Muskegon City Commission

Commission Meeting Date: September 14,                Title: Issuance of a commercial facilities
2021                                                  Exemption Certificate – 441 W Western Ave

Submitted By: Mike Franzak                            Department: Planning

Brief Summary: Pursuant to Public Act 255 of 1978, as amended, PH Holdings LLC (Pigeon Hill Brewing) has
requested the issuance of a Commercial Facilities Exemption Certificate. The certificate will freeze the
taxable value of the building and exempt the new real property investment from local taxes. The
company will be investing $650,000 in upgrades to the building and will create up to 30 new jobs, which
qualifies them for an abatement of four (4) years.



Detailed Summary:



Amount Requested:                                    Amount Budgeted:

Fund(s) or Account(s):                               Fund(s) or Account(s):

Recommended Motion: To (approve/deny) the request for a Commercial Facilities Exemption
Certificate for a period of four (4) years.



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Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                                                Resolution No. _______

                                            MUSKEGON CITY COMMISSION

                             RESOLUTION APPROVING APPLICATION FOR ISSUANCE
                             OF A COMMERCIAL FACILITIES EXEMPTION CERTIFICATE
                                             PH Holdings, LLC

WHEREAS, the City of Muskegon legally established the Commercial Redevelopment District after a public hearing
held on May 12, 2015; and

WHEREAS, the state equalized value of the property proposed to be exempt plus the aggregate state equalized value
of property previously exempt and currently in force under Public Act 255 of 1978 and under Public Act 198 of 1974
(IFT's) does not exceed 5% of the total state equalized value of the City of Muskegon; and

WHEREAS, the application was approved at a public hearing as provided by section 6(2) of Public Act 255 of 1978 on
September 14, 2021; and

WHEREAS, PH Holdings, LLC is not delinquent in any taxes related to the facility; and

WHEREAS, the application is for commercial property as defined in section 3(3) of Public Act 255 of 1978; and

WHEREAS, PH Holdings, LLC had provided answers to all required questions under Section 6(1) of PA 255 of 1978 to
the City of Muskegon; and

WHEREAS, the City of Muskegon requires that the construction, restoration or replacement of the facility shall be
completed by September 14, 2023; and

WHEREAS, the Commercial Facilities Exemption Certificate is granted for a period of four (4) years and no extensions
will be allowed; and

WHEREAS, the commencement of the construction, restoration or replacement of the facility did not occur more than
45 days prior to the filing of the application for exemption; and
WHEREAS, the commencement of the construction, restoration or replacement of the facility did not occur prior to the
establishment of the Commercial Redevelopment District; and

WHEREAS, the application relates to a construction, restoration or replacement program which when completed
constitutes a new, replacement or restored facility within the meaning of Public Act 255 of 1978 and that is situated
within a Commercial Redevelopment District established under Public Act 255 of 1978; and

WHEREAS, completion of the facility is calculated to, and will at the time of issuance of the certificate, have the
reasonable likelihood to increase commercial activity, create employment, retain employment and prevent a loss of
employment in the community in which the facility is situated; and

WHEREAS, the restoration includes improvements aggregating 10% or more of the true cash value of the property at
commencement of the restoration as provided by section 4(6) of Public Act 255 of 1978.

NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City Commission
Be and hereby is granted a Commercial Facilities Exemption for the real property, excluding land at 441 W Western
Ave for a period of four (4) years, beginning December 31, 2021, and ending December 30, 2029, pursuant to the
provisions of PA 255 of 1978, as amended.

Adopted this 14th day of September, 2021.

Ayes:

Nays:

Absent:
                                                   BY: __________________________________
                                                          Stephen J. Gawron
                                                          Mayor

                                              ATTEST: __________________________________
                                                         Ann Meisch
                                                         Clerk




                                                      CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon City
Commission, County of Muskegon, Michigan, at a regular meeting held on September 14, 2021.


                                                            ______________________________
                                                            Ann Meisch
                                                            Clerk
                         Agenda Item Review Form
                          Muskegon City Commission

Commission Meeting Date: September 14,                  Title: Issuance of a commercial facilities
2021                                                    Exemption Certificate (New Facility) – 639 W
                                                        Clay Ave

Submitted By: Mike Franzak                              Department: Planning

Brief Summary: Pursuant to Public Act 255 of 1978, as amended, Indigrow LLC has requested the issuance
of a New Facility Commercial Facilities Exemption Certificate. The certificate will reduce the taxable value
of the building. The company will be investing $1,133,351 into the new building addition and will create
up to 30 new jobs, which qualifies them for an abatement of 8 years.


Detailed Summary: This will be an addition to the current building at 639 W Clay Ave. The new
building will receive its own tax abatement and the rehab to the existing building will receive its
own tax abatement. This will decrease the amount of tax revenue abated than it would by granting
one abatement on the entire project.



Amount Requested:                                      Amount Budgeted:

Fund(s) or Account(s):                                 Fund(s) or Account(s):

Recommended Motion: To (approve/deny) the request for a New Facility Commercial Facilities
Exemption Certificate for a period of eight years.



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Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                                                Resolution No. _______

                                            MUSKEGON CITY COMMISSION

                             RESOLUTION APPROVING APPLICATION FOR ISSUANCE
                             OF A COMMERCIAL FACILITIES EXEMPTION CERTIFICATE
                                         Indigrow LLC (New Facility)

WHEREAS, the City of Muskegon legally established the Commercial Redevelopment District after a public hearing
held on July 13, 2021; and

WHEREAS, the state equalized value of the property proposed to be exempt plus the aggregate state equalized value
of property previously exempt and currently in force under Public Act 255 of 1978 and under Public Act 198 of 1974
(IFT's) does not exceed 5% of the total state equalized value of the City of Muskegon; and

WHEREAS, the application was approved at a public hearing as provided by section 6(2) of Public Act 255 of 1978 on
September 14, 2021; and

WHEREAS, Indirgrow LLC is not delinquent in any taxes related to the facility; and

WHEREAS, the application is for commercial property as defined in section 3(3) of Public Act 255 of 1978; and

WHEREAS, Indigrow LLC had provided answers to all required questions under Section 6(1) of PA 255 of 1978 to the
City of Muskegon; and

WHEREAS, the City of Muskegon requires that the construction, restoration or replacement of the facility shall be
completed by September 14, 2023; and

WHEREAS, the Commercial Facilities Exemption Certificate is granted for a period of eight (8) years and no
extensions will be allowed; and

WHEREAS, the commencement of the construction, restoration or replacement of the facility did not occur more than
45 days prior to the filing of the application for exemption; and
WHEREAS, the commencement of the construction, restoration or replacement of the facility did not occur prior to the
establishment of the Commercial Redevelopment District; and

WHEREAS, the application relates to a construction, restoration or replacement program which when completed
constitutes a new, replacement or restored facility within the meaning of Public Act 255 of 1978 and that is situated
within a Commercial Redevelopment District established under Public Act 255 of 1978; and

WHEREAS, completion of the facility is calculated to, and will at the time of issuance of the certificate, have the
reasonable likelihood to increase commercial activity, create employment, retain employment and prevent a loss of
employment in the community in which the facility is situated; and

WHEREAS, the restoration includes improvements aggregating 10% or more of the true cash value of the property at
commencement of the restoration as provided by section 4(6) of Public Act 255 of 1978.

NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City Commission
Be and hereby is granted a Commercial Facilities Exemption for the real property, excluding land at 639 W Clay Ave
for a period of eight (8) years, beginning December 31, 2021, and ending December 30, 2029, pursuant to the
provisions of PA 255 of 1978, as amended.

Adopted this 14th Day of September, 2021.

Ayes:

Nays:

Absent:
                                                   BY: __________________________________
                                                          Stephen J. Gawron
                                                          Mayor

                                              ATTEST: __________________________________
                                                         Ann Meisch
                                                         Clerk




                                                      CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon City
Commission, County of Muskegon, Michigan, at a regular meeting held on September 14, 2021.


                                                            ______________________________
                                                            Ann Meisch
                                                            Clerk
                         Agenda Item Review Form
                          Muskegon City Commission

Commission Meeting Date: September 14,                  Title: Issuance of a commercial facilities
2021                                                    Exemption Certificate (Restored Facility) –
                                                        639 W Clay Ave

Submitted By: Mike Franzak                              Department: Planning

Brief Summary: Pursuant to Public Act 255 of 1978, as amended, Indigrow LLC has requested the issuance
of a Restored Facility Commercial Facilities Exemption Certificate. The certificate will freeze the taxable
value of the building and exempt the new real property investment from local taxes. The company will
be investing $1,218,561 into restoring the existing building and will create up to 30 new jobs, which
qualifies them for an abatement of 8 years.


Detailed Summary: This will be for the restoration of the existing building at 639 W Clay Ave. The
new building will receive its own tax abatement and the rehab to the existing building will receive
its own tax abatement. This will decrease the amount of tax revenue abated than it would by
granting one abatement on the entire project.



Amount Requested:                                     Amount Budgeted:

Fund(s) or Account(s):                                Fund(s) or Account(s):

Recommended Motion: To (approve/deny) the request for a Restored Facility Commercial
Facilities Exemption Certificate for a period of eight years.



Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                                                Resolution No. _______

                                            MUSKEGON CITY COMMISSION

                             RESOLUTION APPROVING APPLICATION FOR ISSUANCE
                             OF A COMMERCIAL FACILITIES EXEMPTION CERTIFICATE
                                       Indigrow LLC (Restored Facility)

WHEREAS, the City of Muskegon legally established the Commercial Redevelopment District after a public hearing
held on July 13, 2021; and

WHEREAS, the state equalized value of the property proposed to be exempt plus the aggregate state equalized value
of property previously exempt and currently in force under Public Act 255 of 1978 and under Public Act 198 of 1974
(IFT's) does not exceed 5% of the total state equalized value of the City of Muskegon; and

WHEREAS, the application was approved at a public hearing as provided by section 6(2) of Public Act 255 of 1978 on
September 14, 2021; and

WHEREAS, Indirgrow LLC is not delinquent in any taxes related to the facility; and

WHEREAS, the application is for commercial property as defined in section 3(3) of Public Act 255 of 1978; and

WHEREAS, Indigrow LLC had provided answers to all required questions under Section 6(1) of PA 255 of 1978 to the
City of Muskegon; and

WHEREAS, the City of Muskegon requires that the construction, restoration or replacement of the facility shall be
completed by September 14, 2023; and

WHEREAS, the Commercial Facilities Exemption Certificate is granted for a period of eight (8) years and no
extensions will be allowed; and

WHEREAS, the commencement of the construction, restoration or replacement of the facility did not occur more than
45 days prior to the filing of the application for exemption; and
WHEREAS, the commencement of the construction, restoration or replacement of the facility did not occur prior to the
establishment of the Commercial Redevelopment District; and

WHEREAS, the application relates to a construction, restoration or replacement program which when completed
constitutes a new, replacement or restored facility within the meaning of Public Act 255 of 1978 and that is situated
within a Commercial Redevelopment District established under Public Act 255 of 1978; and

WHEREAS, completion of the facility is calculated to, and will at the time of issuance of the certificate, have the
reasonable likelihood to increase commercial activity, create employment, retain employment and prevent a loss of
employment in the community in which the facility is situated; and

WHEREAS, the restoration includes improvements aggregating 10% or more of the true cash value of the property at
commencement of the restoration as provided by section 4(6) of Public Act 255 of 1978.

NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City Commission
Be and hereby is granted a Commercial Facilities Exemption for the real property, excluding land at 639 W Clay Ave
for a period of eight (8) years, beginning December 31, 2021, and ending December 30, 2029, pursuant to the
provisions of PA 255 of 1978, as amended.

Adopted this 14th Day of September, 2021.

Ayes:

Nays:

Absent:
                                                   BY: __________________________________
                                                          Stephen J. Gawron
                                                          Mayor

                                              ATTEST: __________________________________
                                                         Ann Meisch
                                                         Clerk




                                                      CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon City
Commission, County of Muskegon, Michigan, at a regular meeting held on September 14, 2021.


                                                            ______________________________
                                                            Ann Meisch
                                                            Clerk
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: 9/14/2021                         Title: Camcar Plastics IFT Public Hearing

Submitted By: Jake Eckholm                                 Department: Economic Development

Brief Summary: Camcar Plastics has requested an Industrial Facilities Tax Abatement for a small
new construction addition to their shipping and receiving department at their Glade Street location

Detailed Summary:
The Tax Incentive Committee has utilized the new Tax Incentive Policy approved by the City
Commission to score and make recommendations on several incentive applications recently.
Camcar has been working with the division to apply for a Public Act 198 Industrial Facilities
Exemption for an 800 square foot expansion to their current facility at 1732 Glade Street. The
incentive allows an eligible entity to apply for a 50% cut in their real property tax liability for up to
12 years, as approved by the local unit of government. The applicant has applied for the full 12
year abatement.


Based on the new policy, due to the taxable value being created ($72,000), the number of
permanent jobs created (3), the Tax Incentive Committee’s scoring system dictates a
recommendation of 9 years of abatement as opposed to the maximum of 12.

Amount Requested: $0                                     Amount Budgeted: N/A

Fund(s) or Account(s): N/A                               Fund(s) or Account(s): N/A

Recommended Motion: A motion to close the Public Hearing and approve the Industrial Facilities
Exemption application for Camcar Plastics for a term of nine (9) years.



For City Clerk Use Only:
Commission Action:
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: 9/14/2021                       Title: Sun Dolphin Drive Industrial Space IFT
                                                         Transfer Public Hearing

Submitted By: Jake Eckholm                               Department: Economic Development

Brief Summary: InSite Real Estate LLC has requested the transfer of an existing Industrial
Facilities Tax Abatement for industrial real property they have acquired at 1790 Sun Dolphin Drive.

Detailed Summary:
The new owners of these facilities are leasing them back to the new operators of KL Outdoor, and
the facilities onsite are one of several operated locally in the injection molding company’s portfolio.
InSite is currently not the listed owner of the building on the existing Industrial Facilities Exemption
and so they must request a transfer or termination of the incentive. Naturally, they opted for a
request to transfer the real property exemption, which is scheduled to terminate December 30,
2026.


The new ownership has recently paid some back property taxes and is eligible to request said
transfer.

Amount Requested: $0                                   Amount Budgeted: N/A

Fund(s) or Account(s): N/A                             Fund(s) or Account(s): N/A

Recommended Motion: A motion to close the Public Hearing and approve the Industrial Facilities
Exemption Transfer for IIP Muskegon, MI (1790 and 1880 Sun Dolphin) LLC as presented.



For City Clerk Use Only:
Commission Action:
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: 9/14/2021                       Title: Trace Analytical IFT Public Hearing

Submitted By: Jake Eckholm                               Department: Economic Development

Brief Summary: Trace Analytical has requested an Industrial Facilities Tax Abatement for an 8,000
square foot addition to their location at 2241 Black Creek Road, which would support 18 new
employees over the next several years.

Detailed Summary:
The Tax Incentive Committee has utilized the new Tax Incentive Policy approved by the City
Commission to score and make recommendations on several incentive applications recently.
Trace Analytical Labs has been working with the division to apply for a Public Act 198 Industrial
Facilities Exemption for an 8000 square foot expansion to their current facility at 2241 Black Creek
Road. The incentive allows an eligible entity to apply for a 50% cut in their real property tax liability
for up to 12 years, as approved by the local unit of government. The applicant has applied for the
full 12 year abatement.


Based on the new policy, due to the taxable value being created ($600,000), the number of
permanent jobs created (18), the Tax Incentive Committee’s scoring system dictates a
recommendation of 9 years of abatement as opposed to the maximum of 12.

Amount Requested: $0                                    Amount Budgeted: N/A

Fund(s) or Account(s): N/A                              Fund(s) or Account(s): N/A

Recommended Motion: A motion to close the Public Hearing and approve the Industrial Facilities
Exemption application for Trace Analytical Labs for a term of nine (9) years.



For City Clerk Use Only:
Commission Action:

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