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City of Muskegon
City Commission Meeting
Agenda
November 14, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
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hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with
disabilities who want to attend the meeting with twenty-four (24) hours’ notice to the City of Muskegon.
Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing
or by calling the following: Ann Marie Meisch, MMC – City Clerk, 933 Terrace Street, Muskegon, MI 49440;
231-724-6705; [email protected]
Pages
1. Call To Order
2. Prayer
3. Pledge of Allegiance
4. Roll Call
5. Honors, Awards, and Presentations
5.a Introduce New Staff - Finance Clerk
5.b Introduce New Staff - Development Analyst
5.c Employee Service Awards 1
6. Public Comment on Agenda Items
7. Consent Agenda
7.a Approval of Minutes - City Clerk 2
7.b Local Officers Compensation Commission Recommendation - City Clerk 19
7.c Early Voting Plan - City Clerk 23
7.d Gaming Resolution - Friends of Hackley Public Library - City Clerk 33
7.e Sale of 1141 Jefferson Street - Manager's Office 35
7.f Sale of 169 McLaughlin Avenue - Manager's Office 44
7.g DPW Asset Management Software - DPW 51
7.h Emergency City Hall Chiller Repairs - DPW 77
7.i Pere Marquette Restroom RFP - DPW 79
7.j Regional Transit Authority Resolution - Manager's Office 122
7.k Concession Contract Mac Kite - Parks & Recreation 132
7.l Request to rezone 162 E Apple, 170 E Apple, 974 Spring, 971 Jay, and 142
151/157/171/181 Allen - Second Reading - Planning
7.m Request to Rezone 550 W Grand Ave - Second Reading - Planning 149
7.n City Hall Operations Space Needs Analysis Contract - Development Services 156
7.o Contract - City Hall Floor Office Remodel - Development Services and Public 187
Safety
7.p DDA and District Library Member Appointments - City Clerk 194
8. Public Hearings
9. Unfinished Business
10. New Business
10.a Conflict of Interest Disclosure for Employee Request -Community & 195
Neighborhood Services
10.b Fire Engine Replacement Purchase - Fire Department 202
10.c Final Planned Unit Development Approval - 2400/2850 Lakeshore Drive 210
10.d 1st Quarter Budget Reforecast - Finance 246
11. Any Other Business
12. Public Comment on Non-Agenda items
13. Closed Session
13.a Discuss Pending Litigation
14. Adjournment
2023
SERVICE AWARD RECIPIENTS
35 Years James Straley (HWY)
30 Years David Baker (WS)
Elton Williams (WS)
25 Years Kristi Anthony (P-REC)
Nathan Baker (POL)
Marlin Dunmire (POL)
Benjerman Gibbs (EQP)
Leslie Ruth Luttrull (PKS)
20 Years Timothy Bahorski (POL)
Matthew Gillette (EQP)
Jeremy Velik (POL)
15 Years Michael Armstrong (WS)
Jeffrey Balon (HWY) Congratulations and
Aaron Bennett (EQP)
Kyle Hall (POL) Thank You!
Joshua Langlois (WS)
Troy Marciniak (HWY)
Fredrick Pease (ENG)
Tracy Cox (POL)
We congratulate, and
10 Years
Shanda Dziachan (POL) thank each of you with
Kyle Fry (POL) deepest gratitude for your
Terry Spyke (ENG)
distinguished service,
5 Years Sharonda Carson (CNS)
Timothy Duba (PKS) loyalty, and dedication to
Jeremy Hugall (PKS) the Citizens and Staff of
Debra Matz (POL)
Juan Medina-Vaca (POL) the City of Muskegon
Robert Neal (POL)
Harold Paulson, Jr. (FIR)
Lyra Webb (PSB)
Gabrielle Yadlosky (POL)
7.a
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 11/14/23 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the October 24, 2023 Regular Meeting.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion: To approve the minutes.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
City of Muskegon
City Commission Meeting
Minutes
October 24, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
Present: Mayor Ken Johnson
Commissioner Rachel Gorman
Commissioner Rebecca St.Clair
Commissioner Eric Hood
Vice Mayor Willie German, Jr.
Commissioner Teresa Emory
Absent: Commissioner Michael Ramsey
Staff Present: City Manager Jonathan Seyferth
City Clerk Ann Meisch
City Attorney John Schrier
Deputy City Clerk Kimberly Young
1. Call To Order
Mayor Johnson called the City Commission meeting to order at 5:30 p.m.
2. Prayer
Pastor Dwayne Riley, Crestwood United Methodist Church, opened the meeting
with prayer.
3. Pledge of Allegiance
The Pledge of Allegiance to the Flag was recited by the Commission and the
public.
4. Roll Call
As recorded above
5. Honors, Awards, and Presentations
1
5.a Resolution Recognizing October as Domestic Violence Awareness
and Prevention Month
Action No. 2023-111
Motion by: Commissioner St.Clair
Second by: Vice Mayor German
To recognize October as Domestic Violence Awareness Month.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
Emory
Absent (1): Commissioner Ramsey
MOTION PASSES (6 to 0)
6. Public Comment on Agenda Items
Public comments were received.
7. Consent Agenda
Action No. 2023-112
Motion by: Commissioner Gorman
Second by: Commissioner Hood
To accept the consent agenda as presented, minus items B, C, D, H, I, and J.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair,
Commissioner Hood, Vice Mayor German, and Commissioner Emory
Absent (1): Commissioner Ramsey
MOTION PASSES (6 to 0)
7.a Approval of Minutes - City Clerk
To approve the minutes of the October 9, 2023 Worksession and October
10, 2023 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
7.e Splash Pad Reconstruction Design - Parks & Recreation
2
A request for staff to enter into a contract with Fleis & Vandenbrink for
design of the Spark grant-funded splash pad reconstruction.
STAFF RECOMMENDATION: To authorize staff to enter into a contract
with Fleis & Vandenbrink for design of the Spark grant-funded splash pad
reconstruction.
7.f GameTime Playground Grant - Parks & Recreation
A request to allow staff to enter into a contract with Sinclair Recreation for
the purchase of 4 new playgrounds for a total amount of $446,531.89.
This includes the installation of St. Joseph’s only.
STAFF RECOMMENDATION: To approve for staff to enter into a contract
with Sinclair Recreation for the purchase of 4 new playgrounds for a total
amount of $446,531.89
7.g Equipment Purchases - DPW
Staff requests authorization to purchase five (5) fleet vehicles from Berger
Chevrolet to replace and supplement DPW and fleet administration
vehicles for a total of $193,308.
STAFF RECOMMENDATION: To approve for staff to purchase five (5)
fleet vehicles from Berger Chevrolet to replace and supplement DPW and
fleet administration vehicles for a total of $193,308.
7.k General Capital Spring Street Senior Housing Municipal Services
Agreement - Development Services
City Staff has negotiated and reviewed a Payment in Lieu of Taxes and
Municipal Services agreement for commission consideration for a new
construction 53-unit Senior affordable housing complex at and around 162
E. Apple Avenue.
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000
rental units priced under $1,430 a month, staff has made overtures and
established relationships with several new and existing LIHTC developers.
General Capital has already successfully completed two new construction
facilities in our community, and is seeking to complete a third with the
Spring Street Berkshire Apartments. This site will support 53 affordable
senior apartments.
General Capital is seeking a Municipal Services Charge of 3% of net
shelter rents. This should equal roughly $15,000 per year for the city to
keep to defray costs of public service delivery to the site. General Capital
3
is also requesting a 7% Payment in lieu of Taxes agreement, which is
detailed in another agenda item in the packet.
STAFF RECOMMENDATION: To approve the Municipal Services
Agreement with GENCAP SPRING STREET 53 LIMITED DIVIDEND
HOUSING ASSOCIATION, LLC and authorize the mayor and clerk to
sign.
7.l General Capital Nelson School Family/Workforce Contract for
Housing Exemption (PILOT) - Development Services
City Staff has negotiated and reviewed a Payment in Lieu of Taxes and
Municipal Services agreement for commission consideration for a new
construction 52-unit Workforce affordable housing complex at and around
the Nelson School property, 550 West Grand Avenue.
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000
rental units priced under $1,430 a month, staff has made overtures and
established relationships with several new and existing LIHTC developers.
General Capital has already successfully completed two new construction
facilities in our community, and is seeking to complete a third with the
Nelson School Apartments. This site will support 52 affordable workforce
apartments.
General Capital is seeking a Payment in lieu of Taxes (PILOT) of 5% of
net shelter rents. This should equal roughly $24,000 per year for the city to
divide between taxing jurisdictions. General Capital is also requesting a
3% Municipal Services Charge, which is detailed in another agenda item
in the packet.
Note that this item does not yet include the legal description exhibit that
we would usually see with the document, and that is due to a lot split
survey that is forthcoming and will be added to the document when
complete. Specifically, this lot split will leave the sports field and
playground on site under the ownership of MPS and open to the public.
STAFF RECOMMENDATION: To approve the Contract for Housing
Exemption with GENCAP NELSON LIMITED DIVIDEND HOUSING
ASSOCIATION, LLC and authorize the mayor and clerk to sign.
7.m General Capital Nelson School Family/Workforce Housing Municipal
Services Agreement - Development Services
City Staff has negotiated and reviewed a Payment in Lieu of Taxes and
Municipal Services agreement for commission consideration for a new
4
construction 52-unit Workforce affordable housing complex at and around
the Nelson School property, 550 West Grand Avenue.
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000
rental units priced under $1,430 a month, staff has made overtures and
established relationships with several new and existing LIHTC developers.
General Capital has already successfully completed two new construction
facilities in our community, and is seeking to complete a third with the
Nelson School Apartments. This site will support 52 affordable workforce
apartments.
General Capital is seeking a Municipal Services Charge of 3% of net
shelter rents. This should equal roughly $15,000 per year for the city to
keep to defray costs of public service delivery to the site. General Capital
is also requesting a 5% Payment in lieu of Taxes agreement, which is
detailed in another agenda item in the packet.
STAFF RECOMMENDATION: To approve the Municipal Services
Agreement with GENCAP NELSON LIMITED DIVIDEND HOUSING
ASSOCIATION, LLC and authorize the mayor and clerk to sign.
7.n Pivotal Development Harbor View Family/Workforce Housing
Contract for Housing Exemption (PILOT) - Development Services
City Staff has negotiated and reviewed a Payment in Lieu of Taxes and
Municipal Services agreement for commission consideration for a new
construction 46-unit workforce/family affordable housing complex at and
around 122 East Muskegon Avenue.
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000
rental units priced under $1,430 a month, staff has made overtures and
established relationships with several new and existing LIHTC developers.
Pivotal Development is one of the largest Low Income Housing
Development Tax Credit developers in the Midwest, and are seeking to
complete their first Muskegon area project with the Harbor View Lofts.
This site will support 46 affordable workforce apartments.
Pivotal is seeking a PILOT payment of 5% of net shelter rents. This should
equal roughly $18,000 per year for the city to keep to defray costs of
public service delivery to the site. Pivotal is also requesting a 3%
Municipal Services Agreement, which is detailed in another agenda item in
the packet.
5
STAFF RECOMMENDATION: To approve the Contract for Housing
Exemption with HARBOR VIEW LIMITED DIVIDEND HOUSING
ASSOCIATION LLC and authorize the mayor and clerk to sign.
7.o Pivotal Development Harbor View Family/Workforce Housing
Municipal Services Agreement - Development Services
City Staff has negotiated and reviewed a Payment in Lieu of Taxes and
Municipal Services agreement for commission consideration for a new
construction 46-unit workforce/family affordable housing complex at and
around 122 East Muskegon Avenue.
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000
rental units priced under $1,430 a month, staff has made overtures and
established relationships with several new and existing LIHTC developers.
Pivotal Development is one of the largest Low Income Housing
Development Tax Credit developers in the Midwest, and are seeking to
complete their first Muskegon area project with the Harbor View Lofts.
This site will support 46 affordable workforce apartments.
Pivotal is seeking a Municipal Services Agreement equal to 3% of net
shelter rents. This should equal roughly $10,800 per year for the city to
keep to defray costs of public service delivery to the site. Pivotal is also
requesting a 5% Payment in lieu of Taxes Agreement, which is detailed in
another agenda item in the packet.
STAFF RECOMMENDATION: To approve the Municipal Services
Agreement with HARBOR VIEW LIMITED DIVIDEND HOUSING
ASSOCIATION LLC and authorize the mayor and clerk to sign.
7.p Froebel School Sales Agreement to Samaritas - Development
Services
City staff is proposing a sale of Froebel School, located at 417 Jackson
Street, to Samaritas for $1,000.00 contingent on the award of Low Income
Housing Tax Credits for their proposed adaptive reuse development at the
site.
City staff have worked with Samaritas and our legal counsel to draft the
attached purchase agreement. Note the amount is very nominal, but given
the amount of damage to the building and remediation necessary we feel
it represents a reasonable market value. The replacement value of the
building is likely exceeded by the needed repairs, and if it weren’t for the
prospect of doing an affordable housing project on the site and the
6
potential for federal Low Income Housing Tax Credits to offset the project
we would not be able to convey the building at all.
Given the extensive likely presence of asbestos and other remediation-
worthy materials along with the large substructure, our early estimates on
removal of the building are very cost prohibitive. This low purchase price
presents an opportunity to save the building for a high priority adaptive
reuse and simultaneously avoid our current carried costs and potential
future demolition expenses.
STAFF RECOMMENDATION: To approve the Sales Agreement for 417
Jackson to Samaritas for $1,000.00 as presented.
7.b Storage Area Network Device (SAN) - Information Technology
Staff is requesting authorization to purchase a new Storage Area Network
appliance to host the City of Muskegon virtual server systems.
STAFF RECOMMENDATION: To approve the purchase of a Storage Area
Network appliance from Dell Technologies.
Action No. 2023-113(b)
Motion by: Vice Mayor German
Second by: Commissioner St.Clair
To approve the purchase of a Storage Area Network appliance from Dell
Technologies.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
Emory
Absent (1): Commissioner Ramsey
MOTION PASSES (6 to 0)
7.c Water Treatment Chemical Bids - DPW - Water Filtration
Staff is requesting approval of contracts with Univar and USALCO to
supply fluoride and alum to the Water Filtration Plant.
The Water Filtration Plant purchases water treatment chemicals as part of
a cooperative that includes seven other area municipalities. The contracts
and bidding processes are managed by the City of Grand Rapids.
The City of Grand Rapids issued two separate public invitations to bid on
7
supplying and delivering water treatment chemicals: one for fluoride
(hydrofluorosilicic acid) and one for alum (aluminum sulfate). Staff is
requesting approval of the contracts with the lowest bidders, Univar
(fluoride) and USALCO (alum). The fluoride contract is for a one-year term
and the alum contract is for a one-year term with the option of two one-
year renewals.
The Water Filtration Plant uses an average of 60 tons of fluoride annually.
Under the contract with Univar, the estimated annual cost based on
average use will be $30,000 ($500/ton).
The Water Filtration Plant uses an average of 251 dry tons of alum
annually. Under the contract with USALCO, the estimated annual cost
based on average use is:
Year 1 ($455.80/dry ton): $114,500
Year 2 ($470.17/dry ton): $118,500
Year 3 ($490.70/dry ton): $123,000
Fluoride and alum purchases are included in the Water Filtration Plant
budget. Based on average use, it is anticipated that no budget
adjustments will be required this fiscal year. However, the actual amount
spent will ultimately depend on water usage and source water quality.
AMOUNT REQUESTED: $144,500 (Year 1 estimate, flouride and alum)
$118,500 (Year 2 estimate, alum only)
$123,000 (Year 3 estimate, alum only)
STAFF RECOMMENDATION: To approve the water treatment chemical
contracts with Univar and USALCO.
Action No. 2023-113(C)
Motion by: Commissioner Emory
Second by: Vice Mayor German
To approve the water treatment chemical contracts with Univar and
USALCO.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
Emory
Absent (1): Commissioner Ramsey
MOTION PASSES (6 to 0)
8
7.d Conversion Assistance Amendment - DPW
Staff requests authorization to enter into an amended Agreement with
Ramboll for assistance in resolving the conversion of the Lakeshore Trail
and Hartshorn properties.
STAFF RECOMMENDATION: To approve of staff entering into an
amended agreement with Ramboll for assistance in resolving the
conversion of the Lakeshore Trail & Hartshorn properties.
Action No. 2023-113(d)
Motion by: Commissioner St.Clair
Second by: Commissioner Hood
To approve of staff entering into an amended agreement with Ramboll for
assistance in resolving the conversion of the Lakeshore Trail & Hartshorn
properties.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
Emory
Absent (1): Commissioner Ramsey
MOTION PASSES (6 to 0)
7.h Request to Rezone 162 E Apple, 170 E Apple, 974 Spring, 971 Jay,
and 151/157/171/181 Allen - Planning
Request to rezone 162 E Apple Ave, 170 E Apple Ave, and 974 Spring St
from B-2, Convenience & Comparison Business to FBC, Neighborhood
Core and to rezone 151/157/171/181 Allen Ave and 971 Jay St from R-3,
High Density Single Family Residential to FBC, Neighborhood Core, by
General Capital Acquisitions, LLC.
The properties are being rezoned to allow for affordable apartments. The
Planning Commission recommended approval of the request by a 7-0
vote.
SECOND READING REQUIRED
STAFF RECOMMENDATION: To approve the request to rezone 162 E
Apple, 170 E Apple, 974 Spring, 971 Jay, and 151/157/171/181 Allen to
Form Based Code, Neighborhood Core.
9
Action No. 2023-113(h)
Motion by: Vice Mayor German
Second by: Commissioner St.Clair
To approve the request to rezone 162 E Apple, 170 E Apple, 974 Spring,
971 Jay, and 151/157/171/181 Allen to Form Based Code, Neighborhood
Core.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
Emory
Absent (1): Commissioner Ramsey
MOTION PASSES (6 to 0)
7.i Request to Rezone 550 W Grand Ave - Planning
Request to rezone the property at 550 W Grand Ave from FBC, Urban
Residential to FBC, Neighborhood Core, by General Capital Acquisitions,
LLC.
The properties are being rezoned to allow for affordable apartments. The
Planning Commission recommended approval of the request by a 7-0
vote.
SECOND READING REQUIRED
STAFF RECOMMENDATION: To approve the request to rezone the
property at 550 W Grand Ave to Form Based Code, Neighborhood Core.
Action No. 2023-113(i)
Motion by: Vice Mayor German
Second by: Commissioner St.Clair
To approve the request to rezone the property at 550 W Grand Ave to
Form Based Code, Neighborhood Core.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
Emory
Absent (1): Commissioner Ramsey
10
MOTION PASSES (6 to 0)
7.j General Capital Spring Street Senior Housing Contract for Housing
Exemption (PILOT) Development Services
City Staff has negotiated and reviewed a Payment in Lieu of Taxes and
Municipal Services agreement for commission consideration for a new
construction 53-unit Senior affordable housing complex at and around 162
Apple Avenue.
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000
rental units priced under $1,430 a month, staff has made overtures and
established relationships with several new and existing LIHTC developers.
General Capital has already successfully completed two new construction
facilities in our community, and is seeking to complete a third with the
Berkshire Spring Street Project. This site will support 53 affordable senior
apartments.
General Capital is seeking a Payment in lieu of Taxes (PILOT) of 7% of
net shelter rents. This should equal roughly $30,100 per year for the city to
divide between taxing jurisdictions. General Capital is also requesting a
3% Municipal Services Charge, which is detailed in another agenda item
in the packet.
Note that this item does not yet include the legal description exhibit that
we would usually see with the document, and that is due to a lot split
survey that is forthcoming and will be added to the document when
complete.
STAFF RECOMMENDATION: To approve the Contract for Housing
Exemption with Spring Street Limited Dividend Housing Association
Limited Partnership and authorize the mayor and clerk to sign.
Action No. 2023-113(j)
Motion by: Vice Mayor German
Second by: Commissioner Emory
To approve the Contract for Housing Exemption with Spring Street Limited
Dividend Housing Association Limited Partnership and authorize the
mayor and clerk to sign.
11
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
Emory
Absent (1): Commissioner Ramsey
MOTION PASSES (6 to 0)
8. Public Hearings
8.a PRO Housing Grant - Public Hearing
The Development Services Division is seeking input from the public
regarding the PRO Housing Application.
Stevie Parcell, Grants Program Coordinator for Community &
Neighborhood Services provided an overview of the grant application
being submitted and explained how public comments could be made
during the public comment period.
The Pro Housing Grant is intended to identify and remove obstacles to the
production and preservation of affordable housing such as: gaps in
resources available for development, deteriorating infrastructure,
challenges to preserving existing housing stock, and many more. The City
is requesting $10 million for the following eligible activities that will benefit
only those residents at or below 80% of area median income:
$3.5 million to establish a Housing Preservation Fund
o $1.5 million for rental rehabilitation
o $2 million for owner-occupied housing
$6 million to finance the construction or rehabilitation of
affordable housing
o $1 million for acquisition/rehabilitation/resale projects and
nonprofit capacity building
o $4.5 million for construction of new units
o $.5 million for acquisition of land or real property for
development
$500,000 for homebuyer down payment assistance
12
The plan is available for review in person in Room 202 of Muskegon City
Hall, 933 Terrace Street, Muskegon, MI 49440, and online.
Comments are accepted by email to Stevie Parcell at
[email protected], by phone at (231) 724-6775, and by
mail to the following address:
Attn: Stevie Parcell
933 Terrace Street
Muskegon, MI 49440
Comments will be accepted from Thursday, October 12th 2023 through
Friday, October 27th, 2023.
STAFF RECOMMENDATION: To close the public hearing and record
comments provided.
PUBLIC HEARING COMMENCED: Public comments were received as
follow:
Kwame James - in favor - grateful that the city is taking advantage of the
opportunity to apply for the grant
Jay Kilgo - in favor - would like to see a public education piece in the grant
Dorothy Moss - in favor - would like to the city to have help available for
residents to apply for funds if the grant is awarded
Action No. 2023-114(a)
Motion by: Commissioner St.Clair
Second by: Commissioner Emory
To close the public hearing and record comments provided
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
Emory
Absent (1): Commissioner Ramsey
MOTION PASSES (6 to 0)
9. Unfinished Business
10. New Business
13
10.a Inclusive Rebrand - Manager's Office
Staff is requesting authorization to approve a contract with Kindred
Marketing, in the amount of $50,000 for the completion of an inclusive
rebranding for the City of Muskegon.
An RFP was issued on August 28, 2023 for an Inclusive Rebrand for the
city. The city is seeking a creative agency to develop an inclusive brand
for its rebranding initiative. The selected agency's objective will be to
develop a comprehensive rebranding strategy for the city. The agency will
be responsible for building a brand kit that addresses the following goals:
• Improve Muskegon’s image
• Stimulate economic development
• Unite the community through an inclusive process
• Develop a comprehensive citywide brand strategy and roll-out plan
• Create a dynamic new brand identity
• Demonstrate Muskegon’s connection and community
The current city logo was created decades ago and no brand guidelines,
brand story or brand kit exist. In 2015, the city embarked on a rebranding
journey and ultimately no consensus logo was selected. Currently, the City
of Muskegon uses variations of the old logo, individual department logos,
random colors and fonts, and the Watch Muskegon brand kit for city
material.
AMOUNT REQUESTED: Up to $50,000
FUND OR ACCOUNT: 101-103-801
STAFF RECOMMENDATION: To authorize staff to approve a contract
with Kindred Marketing in the amount of $50,000 for the completion of an
inclusive rebranding for the City of Muskegon.
Action No. 2023-115(a)
Motion by: Commissioner St.Clair
Second by: Commissioner Gorman
To authorize staff to approve a contract with Kindred Marketing in the
amount of $50,000 for the completion of an inclusive rebranding for the
City of Muskegon.
14
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
Emory
Absent (1): Commissioner Ramsey
MOTION PASSES (6 to 0)
10.b Purchase Option for Windward Pointe - Manager's Office
City Staff has worked with the City Attorney and Parkland Properties to
draft an option agreement giving the City of Muskegon the exclusive right
to purchase an area encompassing ten (10) lots at a reduced rate on the
Windward Pointe PUD to install a new public park and Muskegon Lake
access at the end of the Lincoln Street extension in the development.
City staff has been working to enhance public access to Muskegon Lake
in the Windward Pointe Planned Unit Development (PUD) submitted by
Parkland Properties. During those conversations with Parkland, the site
plan evolved to include considerably more public access points than in the
original draft. However, those access points are mostly at the end of public
rights of ways or smaller in area. To gain higher quality public access, staff
proposed purchasing up to ten (10) lakefront parcels adjacent to a public
parklet at the end of Lincoln Street originally intended for single-family
houses.
Staff pointed out that if we were to purchase some of the lots intended for
single-family houses, Parkland would not need to run as many utility stubs
and other infrastructure to these lots and potentially could leave them out
of their Master Condo Agreement, saving further costs. Parkland agreed
to a rate of $148,750 per lot, representing a 15% reduction in the
average projected sale price on all waterfront lots in the PUD.
The sites highlighted in RED on the attached screen grab of a portion of
the PUD reflect the lots the City would have the option to buy. The option
would commence at the closing date between Parkland and Pure
Muskegon on the property, and the City would have two (2) years to
execute these purchases.
The staff anticipates that the PUD will come to the City Commission for
consideration at your meeting on November 14th.
AMOUNT REQUESTED: $1,487,500
15
STAFF RECOMMENDATION: To approve the Option Agreement between
the City of Muskegon and Parkland Properties as presented and to
authorize the mayor and clerk to sign.
Action No. 2023-115(b)
Motion by: Commissioner St.Clair
Second by: Commissioner Emory
To approve the Option Agreement between the City of Muskegon and
Parkland Properties as presented and to authorize the mayor and clerk to
sign.
11. Any Other Business
Comments were made by Vice Mayor German, Commissioner St.Clair and
Commissioner Hood.
12. Public Comment on Non-Agenda items
Public comments were received.
13. Closed Session
14. Adjournment
The City Commission meeting adjourned at 7:30 p.m.
Motion by: Commissioner St.Clair
Second by: Commissioner Gorman
To adjourn.
MOTION PASSES
_________________________
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
16
7.b
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 11/14/2023 Title: Local Officers Compensation
Commission Recommendation
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: The City of Muskegon’s Local Officers Compensation Commission met on October
16, 2023 and are recommending a salary increase of $600 for the Mayor ($8,600 to $9,200) and
$600 for City Commissioners ($6,900 to $7,500). The LOCC is also recommending an increase in
the budget for training, education, and travel from $1,500 to $2,000 and $750 to $1,000
respectively.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Amount Requested: $6,200 Budgeted Item:
Yes No X N/A
Fund(s) or Account(s): 101-101-702 Budget Amendment Needed:
Yes X No N/A
Recommended Motion: To concur with the recommendation of the Local Officers Compensation
Commission.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head X
Information Technology Yes
Other Division Heads X No X
Communication
Legal Review
7.c
Agenda Item Review Form
Muskegon City Commission 7.d
Commission Meeting Date: 11/14/2023 Title: Gaming Resolution – Friends of Hackley
Public Library
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: Friends of Hackley Public Library is requesting Recognition as a non-profit in the
City of Muskegon for the purpose of obtaining a charitable gaming license.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed: Action Item 2022 – 1.4 Proceed with events and activities
Amount Requested: n/a Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion: To approve the request from Friends of Hackley Public Library to be
recognized as a non-profit in the City of Muskegon for the purpose of obtaining a charitable gaming
license.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
7.e
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 14, Title: Sale of 1141 Jefferson Street
2023
Submitted By: LeighAnn Mikesell Department: Manager’s Office
Brief Summary: Staff is seeking approval of the sale of 1141 Jefferson Street.
Detailed Summary & Background: In late 2020, the commission approved an agreement with
Community EnCompass to construct affordable homes. The goals of the agreement were to
further our economic equity efforts and create diversity of housing price points as we build housing
infill. The agreement has been amended over time, and the project is now part of our ARPA infill
housing initiative and our scattered site brownfield. We have received a purchase agreement for
the second home located at 1141 Jefferson Street. The offer is for $180,000 with 3% toward seller
concessions. The home was listed for $199,900 and had been on the market for 88 days before
an offer was received. The Community EnCompass board accepts the offer as reasonable given
sale prices for other infill homes in the area.
Goal/Focus Area/Action Item Addressed: Create an environment that effectively attracts new
residents and retains existing residents by filling existing employment gaps, attracting new and
diverse businesses to the city, and expanding access to a variety of high-quality housing options in
Muskegon.
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: to approve the purchase agreement for 1141 Jefferson Street.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
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WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
#
DATE: 10/15/2023 , (time) MLS # 71023026266
SELLING OFFICE: bFive Star Real Estate BROKER LIC.#: REALTOR® PHONE: 616-450-2500
LISTING OFFICE: Pinnacle Realty REALTOR® PHONE:
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 (choose 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: Kim Baker Email: [email protected] Lic.#:
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 07/19/2023 .
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:
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 , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
1141 Jefferson St, Muskegon, MI 49440
with the following legal description and tax parcel ID numbers:
R07.1 NELSON GENERAL RESIDENTIAL
PP# 243130234008 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) 100% 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 $ 180,000
one hundred eighty thousand U.S. Dollars
7. Seller Concessions, if any: 3% toward buyer's closing costs, pre-paids and points
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 FHA type 30 (year) mortgage in the amount of 96.5 % of the Purchase Price
bearing interest at a rate not to exceed current % 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 3 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
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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 (choose 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 (choose 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 (choose 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:
1279 S Quarterline Rd, Muskegon, MI 49442. by 11/20/2023
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 . 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:
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 fixtures and features as stated on MLS listing at time of showing 10/10/2023
but does not include:
1141 Jefferson St, Muskegon, MI 49440 10/15/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
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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.
Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited
to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been
previously disclosed in writing to Buyer.
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, (choose one) Seller or Buyer will arrange for, at their own 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.
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.
Other: city water and sewer
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.
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.
All inspections and investigations will be completed within ____5 days after the Effective Date. If the results of Buyer’s inspections and
investigations are not acceptable to Buyer, Buyer may, within the above referenced period, either (a) terminate this Agreement by
written notice to Seller and receive a refund of Buyer’s Earnest Money Deposit, or (b) make a written proposal to Seller to correct those
unsatisfactory conditions, which proposal must be in the form of a proposed addendum and must be signed by Buyer in order for it to
be effective. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have
1141 Jefferson St, Muskegon, MI 49440 10/15/2023
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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 be deemed
to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement.
Buyer has waived all rights under this Inspections & Investigations paragraph.
Exceptions:
16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector
ordinances, if applicable.
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:
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 (choose 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:
New construction warranty if available
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. For the purposes of calculating prorations, it is presumed that Seller
owns the Property through the day before 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
11/24/2023 . 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. Pre-Closing Walk-Through: Buyer (choose one) reserves waives the right to conduct a final walk-through of the
Property within three (3) days of the scheduled closing date. The purpose of the walk-through is to determine that the Property is in
a substantially similar condition as of the Effective Date, any contractually agreed upon items have been fulfilled, and that any included
personal property is still located at the Property. Buyer shall immediately report to Seller any objections to these conditions and Buyer’s
requested corrective action.
23. 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
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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.
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:
24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 5:00 PM (time) on
10/17/2023 (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 $ $500
shall be submitted to Five Star Real Estate (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.
25. 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.
26. 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.
27. Other Provisions:
Seller will mark the home"pending" on the MLS
28. 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.
29. 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.
30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
1141 Jefferson St, Muskegon, MI 49440 10/15/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
RJB Buyer’s Initials LM Seller’s Initials
Revision Date 1/2023 10/16/23 10/17/23
9:36 AM EDT 3:22 PM EDT
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West Michigan Regional Purchase Agreement Page 6 of 6
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.
31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
dotloop verified
Buyer 1 Address X Randall J. Baker 10/16/23 9:36 AM EDT
2ARC-IK8R-TR0G-PZ8E Buyer
Buyer 1 Phone: (Res.) (Bus.) Randall J. Baker
Print name as you want it to appear on documents.
Buyer 2 Address X Buyer
Buyer 2 Phone: (Res.) (Bus.)
Print name as you want it to appear on documents.
32. Seller’s Response: The above offer is approved: As written. As written except:
1141 Jefferson Has NO A.C. Unit installed. & no celling fans installed
Contingent on the approval from the the City of Muskegon
Counteroffer, if any, expires 10/19/2023 , at 6:00PM (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.
33. 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 07/19/2023 (choose one): Yes No.
Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement prior to closing.
34. 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.
35. Listing Office Address: 1141 Jefferson, Muskegon, MI 49440 Listing Broker License # 6505392630
Listing Agent Name: Javon Kilgo Listing Agent License # 6504431414
36. 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): LeighAnn Mikesell 10/17/23 3:22 PM EDT
W39Q-CAQC-VNPI-PMNE
Leighann Mikesell Is Seller a U.S. Citizen or Resident Alien? Yes
Y No*
Print name as you want it to appear on documents.
X (Seller’s Signature, Date, Time):
Is Seller a U.S. Citizen or Resident Alien? 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 or Resident Alien, there may be tax implications and Buyer and Seller are advised to seek professional advice.
37. 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.
X (Buyer’s Signature, Date, Time):
X (Buyer’s Signature, Date, Time):
38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer.
X (Seller’s Signature, Date, Time):
dotloop verified
LeighAnn Mikesell 10/17/23 3:22 PM EDT
SGT8-PLLD-RPSX-DQNA
X (Seller’s Signature, Date, Time):
1141 Jefferson St, Muskegon, MI 49440 10/15/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 RJB Buyer’s Initials LM Seller’s Initials
10/16/23 10/17/23
9:36 AM EDT 3:22 PM EDT
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WEST MICHIGAN REGIONAL
ADDENDUM TO PURCHASE AGREEMENT
MLS # 71023026266 Date: 10/15/2023 (time)
[email protected]
Selling Office bFive Star Real Estate , REALTOR® Phone 616-450-2500 Email
[email protected]
Listing Office Pinnacle Realty , REALTOR® Phone 2313275332 Email
1. Addendum # to Purchase Agreement dated 10/15/2023 covering property at
1141 Jefferson St, Muskegon, MI 49440
2. This Addendum shall be an integral part of the Purchase Agreement, which is amended as follows:
Buyer's agency commission to be reduced to 1.75%
3. The Seller Buyer (check one) gives the above-named REALTOR® 2 days to obtain the written acceptance of this
Addendum to the Purchase Agreement. If accepted, this Addendum will constitute a binding change to the Purchase Agreement.
4. RECEIPT IS ACKNOWLEDGED BY BUYER of a copy of this Agreement.
dotloop verified
Date X Randall J. Baker 10/16/23 9:36 AM EDT
RAL5-EBLL-VNIO-I0SW Buyer
(Note: Please sign as you wish your name to appear on final papers.)
X Buyer
(Note: Please sign as you wish your name to appear on final papers.)
5. RECEIPT IS ACKNOWLEDGED BY SELLER of a copy of this Agreement.
dotloop verified
Date 10/17/2023 X LeighAnn Mikesell 10/17/23 3:22 PM EDT
TDJP-ITVM-SBMI-O2US Seller
(Note: Please sign as you wish your name to appear on final papers.)
X Seller
(Note: Please sign as you wish your name to appear on final papers.)
©West Michigan REALTOR® Boards
Rev 7/2020
dotloop signature verification: dtlp.us/B8oi-LcAz-psjM
10/9/23, 4:43 PM flexmls Web
Randall J. Baker
dotloop verified
10/10/23 3:03 PM EDT
J5DI-PB6E-8BPB-NLSK
Kimbra Baker
dotloop verified
10/10/23 3:07 PM EDT
W1RM-4HIF-GAUT-JZK0
https://ric.flexmls.com/cgi-bin/mainmenu.cgi?cmd=url+reports/documents/viewchecked.html&pv=false&list_tech_id=x%2720230721193539852687000000%27&id… 1/2
7.f
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 14, Title: Sale of 169 McLaughlin Avenue
2023
Submitted By: LeighAnn Mikesell Department: Manager’s Office
Brief Summary: Staff is seeking approval of the sale of 169 McLaughlin Avenue.
Detailed Summary & Background:
169 McLaughlin Avenue was constructed through the agreement with Dave Dusendang to
construct infill housing with ARPA funding. The offer is for $12,094 over asking price with $8,094
in sellers concessions. This results in a full price offer.
Goal/Focus Area/Action Item Addressed: Create an environment that effectively attracts new
residents and retains existing residents by filling existing employment gaps, attracting new and
diverse businesses to the city, and expanding access to a variety of high-quality housing options in
Muskegon.
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: to approve the purchase agreement for 169 McLaughlin Avenue.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
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WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
# 1
DATE: 11/02/2023 , (time) MLS # new
SELLING OFFICE: West Urban Realty BROKER LIC.#: 6505429509 REALTOR® PHONE: 616-366-2459
LISTING OFFICE: West Urban Realty REALTOR® PHONE: 6163662459
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 (choose 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: [email protected] 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 .
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: Builder's 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)
169 McLaughlin Avenue, Muskegon, MI 49442
with the following legal description and tax parcel ID numbers:
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 EXC THE W 74.00 FT TH'OF BLK 266 SUBJ TO ELEC ESMT L/P 4335/576
PP# 24-205-266-0001-10 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) 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 $ 146,994
one hundred forty-six thousand nine hundred ninety-four U.S. Dollars
7. Seller Concessions, if any: $8,094 towards buyers, closing cost, prepaids, points etc
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 FHA type 30 (year) mortgage in the amount of 96.5 % of the Purchase Price
bearing interest at a rate not to exceed 8.75 % 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 3 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 $ na 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
Page 1 of 6 Rev. Date 1/2023 MM MM Buyer’s Initials LM Seller’s Initials
11/02/23 11/02/23 11/06/23
1:49 PM EDT 2:15 PM EDT 2:26 PM EST
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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 (choose 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 (choose 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 (choose 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:
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 . 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:
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:
but does not include:
169 McLaughlin Avenue, Muskegon, MI 49442 11/02/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 MM MM Buyer’s Initials LM Seller’s Initials
11/02/23 11/02/23 11/06/23
1:49 PM EDT 2:15 PM EDT 2:26 PM EST
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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:
na
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.
Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited
to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been
previously disclosed in writing to Buyer.
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, (choose one) Seller or Buyer will arrange for, at their own 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.
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.
Other: na
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.
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.
All inspections and investigations will be completed within ____ days after the Effective Date. If the results of Buyer’s inspections and
investigations are not acceptable to Buyer, Buyer may, within the above referenced period, either (a) terminate this Agreement by
written notice to Seller and receive a refund of Buyer’s Earnest Money Deposit, or (b) make a written proposal to Seller to correct those
unsatisfactory conditions, which proposal must be in the form of a proposed addendum and must be signed by Buyer in order for it to
be effective. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have
169 McLaughlin Avenue, Muskegon, MI 49442 11/02/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 MM MM Buyer’s Initials LM Seller’s Initials
11/02/23 11/02/23 11/06/23
1:49 PM EDT 2:15 PM EDT 2:26 PM EST
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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 be deemed
MM to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement.
Buyer has waived all rights under this Inspections & Investigations paragraph.
11/02/23
2:15 PM EDT
dotloop verified Exceptions:
MM
11/02/2316. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector
dotloop verified ordinances, if applicable.
1:49 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:
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 (choose 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:
sellers plat survey
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. For the purposes of calculating prorations, it is presumed that Seller
owns the Property through the day before 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
11/30/2023 . 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. Pre-Closing Walk-Through: Buyer (choose one) reserves waives the right to conduct a final walk-through of the
Property within three (3) days of the scheduled closing date. The purpose of the walk-through is to determine that the Property is in
a substantially similar condition as of the Effective Date, any contractually agreed upon items have been fulfilled, and that any included
personal property is still located at the Property. Buyer shall immediately report to Seller any objections to these conditions and Buyer’s
requested corrective action.
23. 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
169 McLaughlin Avenue, Muskegon, MI 49442 11/02/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
MM MM Buyer’s Initials LM Seller’s Initials
Revision Date 1/2023 11/02/23 11/02/23 11/06/23
1:49 PM EDT 2:15 PM EDT 2:26 PM EST
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West Michigan Regional Purchase Agreement Page 5 of 6
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.
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:
24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 7pm (time) on
11/03/2023 (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 $ $500
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.
25. 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.
26. 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.
27. Other Provisions:
28. 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.
29. 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.
30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
169 McLaughlin Avenue, Muskegon, MI 49442 11/02/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
MM MM Buyer’s Initials LM Seller’s Initials
Revision Date 1/2023 11/02/23 11/02/23 11/06/23
1:49 PM EDT 2:15 PM EDT 2:26 PM EST
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West Michigan Regional Purchase Agreement Page 6 of 6
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.
31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
dotloop verified
Buyer 1 Address 1499 Kenora, Norton Shores, MI 49444 X Melony Moline 11/02/23 1:49 PM EDT
PZD8-BDX3-AZY2-POUC Buyer
Buyer 1 Phone: (Res.) 231-260-4573 (Bus.) Melony Moline
Print name as you want it to appear on documents.
dotloop verified
Buyer 2 Address X Mark Moline 11/02/23 2:15 PM EDT
9BDA-PSJ2-DPHY-T7CN Buyer
Buyer 2 Phone: (Res.) (Bus.) Mark Moline
Print name as you want it to appear on documents.
32. Seller’s Response: The above offer is approved: As written. As written except:
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.
33. 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 (choose one): Yes No.
Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement prior to closing.
34. 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.
35. Listing Office Address: 3265 Walker Ave NW,, Suite D, Grand Rapids, MI 49544 Listing Broker License # 6506015435
Listing Agent Name: Mariana Murillo VanDam Listing Agent License # 6506015435
36. 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): LeighAnn Mikesell 11/06/23 2:26 PM EST
HLNQ-RO4G-SU1U-AY68
LeighAnn Miksell Is Seller a U.S. Citizen or Resident Alien? Yes No*
Print name as you want it to appear on documents.
X (Seller’s Signature, Date, Time):
Leighann Mikesell Is Seller a U.S. Citizen or Resident Alien? 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 or Resident Alien, there may be tax implications and Buyer and Seller are advised to seek professional advice.
37. 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.
X (Buyer’s Signature, Date, Time):
X (Buyer’s Signature, Date, Time):
38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer.
X (Seller’s Signature, Date, Time):
X (Seller’s Signature, Date, Time):
169 McLaughlin Avenue, Muskegon, MI 49442 11/02/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 MM MM Buyer’s Initials LM Seller’s Initials
11/02/23 11/02/23 11/06/23
1:49 PM EDT 2:15 PM EDT 2:26 PM EST
dotloop verified dotloop verified dotloop verified
7.g
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 14, 2023 Title: DPW Asset Management Software
Submitted By: Dan VanderHeide Department: DPW
Brief Summary: Staff requests authorization to enter into a contract with OpenGov for a three-year
subscription and setup services to implement an asset management software system for DPW assets.
Detailed Summary & Background: Cartegraph, a division of OpenGov (a government software services
company), is an asset management software designed for public works. It tracks assets condition and
maintenance practices and uses department priorities and AI to recommend new maintenance tasks,
replacement schedules and other valuable information. It also has the important benefit of including a
work order management system that will allow for electronic work order management, improving
efficiency at DPW, providing better tools for supervision of labor, equipment and materials, and
increasing the data available for reporting and decisions.
Staff has evaluated several different software systems that do similar things to Cartegraph and has
found that Cartegraph offers the most complete set of asset classes, a high and ever-increasing
number of integrations to other software, an intuitive and customizable interface, and excellent
customer support. CivicPlus, BS&A and other systems the City already uses do not offer a
comparable software. Given the breadth of assets and operations our DPW deals with, Cartegraph is
staff’s recommendation. Cartegraph will be integrated with BS&A to allow billing and other financial
information to flow back and forth, and IT agrees the two solutions should coexist well.
In discussions with Cartegraph’s support staff, and due in part to the detailed asset information already
available in the City’s GIS database, the Water Distribution and Wastewater Collection components of
the software should be prioritized and are the two specific groups of assets proposed for the first year
of the contract. Other assets such as stormwater, sidewalks, fleet vehicles, buildings and facilities,
parks assets and more will be brought to the Commission in future years as DPW’s experience with
the system increases and our understanding of which asset classes will most benefit improves.
This first year of the contract is higher than the annual cost of the software to allow Cartegraph staff to
help DPW implement the software and develop customizations that will assist our operations.
Additional asset classes added in the future will include similar higher costs in the year of
implementation followed by reduced annual subscription fees after year one.
Attachments include the fees by year, the scope of work document which defines the implementation
services, and the master services agreement which is the three-year legal contract. Percentage
breakdown by DPW department were recommended by Cartegraph as follows based upon the Public
Service Buliding paying for the base software cost and individual asset classes paying for specifics.
Sewer (590): $9,873 software annual cost + $13,974.26 implementation services
Water (591): $9,873 software annual cost + $13,974.26 implementation services
Public Service Building: $19,900 Base Subscription Fee + $28,166.49 implementation services
o Note: This will be further split amongst many departments according to PSB rent.
o General fund cost will be $6,610.33 in FY23, $2,873.57 in FY24 and $3,017.25 in FY26
Additional software and device costs are necessary to make the system function, including
approximately $20,000 for in-vehicle computer systems in the water department trucks, an increase of
approximately $25,000 annually for cell phones and service lines for all DPW employees (only about
1/3 are currently on the City’s cell phone plan), and various other software services such as email
addresses for all DPW employees totaling about $12,000. These additional costs will be made
following the purchasing policy and will be brought to the Commission, if applicable, in the future.
Goal/Focus Area/Action Item Addressed: Sustainability in financial practices and infrastructure
Amount Requested: FY23: $95,761.00 Budgeted Item:
FY24: $41,628.30 Yes No N/A
FY25: $43,709.72
Fund(s) or Account(s): See description above Budget Amendment Needed:
Yes No N/A
Recommended Motion: I move approval for staff to enter into a contract with OpenGov for a three-year
subscription and setup services to implement an asset management software system for DPW assets.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
OpenGov Inc.
PO Box 41340
San Jose, CA 95160
United States
Quote Number: OG-011790
Created On: 10/.25/2023 Prepared By: Alex Martinez
Order Form Expiration: 11/26/2023 Email: [email protected]
Subscription Start Date: 11/27/2023 Contract Term: 36 Months
Subscription End Date: 11/26/2026
Customer Information
Customer: City of Muskegon, MI Contact Name: Dan VanderHeide
Bill To/Ship To: PO Box 536 207 Email: [email protected]
Muskegon, Michigan 49440
United States
Order Details
Billing Frequency: Annually in Advance
Payment Terms: Net Thirty (30) Days
SOFTWARE SERVICES:
Product / Service Start Date End Date Annual Fee
Asset Management
11/27/2023 11/26/2024 $39,646.00
Wastewater Collection Domain, Water Distribution Domain
Asset Management
11/27/2024 11/26/2025 $41,628.30
Wastewater Collection Domain, Water Distribution Domain
Asset Management
11/27/2025 11/26/2026 $43,709.72
Wastewater Collection Domain, Water Distribution Domain
Annual Subscription Total: See Billing Table
PROFESSIONAL SERVICES:
Product / Service Description
OpenGov Deployment — One Time Fee (Fixed Fee) Product configuration, setup, and training described in the attached SOW.
Professional Services Total: $56,115.00)
Billing Table:
Billing Date Amount Due
November 27, 2023 $95,761.00) (Annual Software Fee + Professional Services)
November 27, 2024 $41,628.30
November 27, 2025 $43,709.72
Order Form Legal Terms
Welcome to OpenGov!
This Order Form is entered into between OpenGov, Inc. (“OpenGov”), and you, the entity identified above (“Customer”), effective as of the date of the last signature below. This Order Form
incorporates the OpenGov Master Services Agreement ("MSA") available at https://opengov.com/terms-of-service/master-services-agreement/. If professional services are purchased, the applicable
Statement of Work ("SOW") is also incorporated. The Order Form, MSA, and, if applicable, the SOW are the full "Agreement".
Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and payable, in advance, 30 days from recceipt of the invoice.
By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by the Agreement. Each party’s acceptance of this Agreement is conditional upon the other’s
acceptance of the Agreement to the exclusion of all other terms.
City of Muskegon, MI OpenGov, Inc.
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
Statement of Work
City of Muskegon, MI
Creation Date: 10/18/2023
Document Number: PS-04721
Version Number: 1
Created by: Jennifer Nordin
2023 Enterprise Asset Management Statement of Work v1
Table of Contents
1. Overview and Approach 2
1.1. Agreement 2
2. Statement of Work 3
2.1. Project Scope 3
2.2. Facilities and Hours of Coverage 3
2.3. Key Assumptions 3
2.4. Exclusions 4
2.5. OpenGov Responsibilities 4
2.5.1. Activity 1 – Project Management 4
2.5.2. Activity 2 – Initialization 5
2.5.3. Activity 3 – OpenGov Domains 5
2.5.4. Activity 4 – Training 6
2.6. Your Responsibilities 6
2.6.1. Your Project Manager 6
2.7. Completion Criteria 7
2.8. Estimated Schedule 7
2.9. Illustrative Project Timelines 8
2.10. Charges 8
2.11. Offer Expiration Date 8
Appendix A: Engagement Charter 8
A-1: Communication and Escalation Procedure 8
A-2: Change Order Process 9
A-3: Deliverable Materials Acceptance Procedure 9
Appendix B: Implementation Activities 10
2023 Statement of Work v1
2
1. Overview and Approach
1.1. Agreement
This Statement of Work (“SOW”) identifies services that OpenGov, Inc. (“OpenGov” or “we”) will
perform for City of Muskegon, MI (“Customer” or “you”) pursuant to that order for Professional
Services entered into between OpenGov and the Customer (“Order Form”) which references the
Master Services Agreement or other applicable agreement entered into by the parties (the
“Agreement”).
● Customer acknowledges and agrees that this Statement of Work is subject to the
confidentiality obligations set forth in the Agreement between OpenGov and Customer.
● The Deliverables listed in Appendix B are the single source of the truth of the deliverables
to be provided.
● Customer’s use of the Professional Services is governed by the Agreement and not this
SOW.
● Upon execution of the Order Form or other documentation referencing the SOW, this SOW
shall be incorporated by reference into the Agreement.
● In the event of any inconsistency or conflict between the terms and conditions of this SOW
and the Agreement, the terms and conditions of this SOW shall govern with respect to the
subject matter of this SOW only. Unless otherwise defined herein, capitalized terms used in
this SOW shall have the meaning defined in the Agreement.
● This SOW may not be modified or amended except in a written agreement signed by a duly
authorized representative of each party.
● OpenGov will be deployed as is, Customer has access to all functionality available in the
current release.
2. Statement of Work
This SOW is limited to the Implementation of the OpenGov Enterprise Asset Management as
defined in the OpenGov Responsibilities section of this document (Section 2.4). Any additional
services or support will be considered out of scope.
2.1. Project Scope
Under this project, OpenGov will deliver cloud based Enterprise Asset Management
solutions to help the Customer power a more effective and accountable government.
OpenGov's estimated charges and schedule are based on performance of the activities
listed in the “OpenGov Responsibilities” section below. Deviations that arise during the
project will be managed through the procedure described in Appendix A-2: Project Change
Control Procedure, and may result in adjustments to the Project Scope, Estimated
Schedule, Charges and other terms. These adjustments may include charges on a
time-and-materials or fixed-fee basis using OpenGov’s standard rates in effect from time to
time for any resulting additional work or waiting time.
2023 Statement of Work v1
3
2.2. Facilities and Hours of Coverage
OpenGov will:
A. Perform the work under this SOW remotely, except for any project-related activity
which OpenGov determines would be best performed at your facility in order to
complete its responsibilities under this SOW.
B. Provide the Services under this SOW during normal business hours, 8:30am to
6:00pm local time, Monday through Friday, except holidays.
2.3. Key Assumptions
The SOW and OpenGov estimates are based on the following key assumptions. Deviations
that arise during the proposed project will be managed through the Project Change Control
Procedure (see Appendix A-2) , and may result in adjustments to the Project Scope,
Estimated Schedule, Charges, and other terms.
Per
A. The OpenGov Suites are not customized beyond current capacities based on the
latest release of the software.
B. Individual software modules are configured based on discussions between OpenGov
and Customer.
C. Enterprise Asset Management
i. OpenGov will provide all services remotely via audio; video; and web
conferences unless otherwise noted.
ii. OpenGov assumes that the customer is responsible for performing quality
control measures on its data in EAM.
iii. OpenGov assumes that the customer is responsible for testing its
workflows, automations, integrations, and configurations within the EAM
and will update the configurations as part of its testing and training
activities.
iv. OpenGov assumes that the customer accepts EAM upon the completion of
the go-live event
v. If a non-API integration is included in scope, Customer is responsible for
engaging third party vendor to obtain data, configuration, and/or third party
integration support.
vi. If an API integration is included in scope, Customer is responsible for
providing access to a test instance of the third party API including a URL,
authentication credentials, and relevant documentation.
2.4. Exclusions
The following service items are not included in the scope of this project:
A. Implementation of any custom modification or integration developed by OpenGov;
your internal staff; or any third-party is not included in the scope of this project
unless specifically listed in Appendix B.
B. Data conversion services from other software system(s) or sources (including
Navigator databases) are not included in the scope of this project unless
specifically listed in Appendix B.
2023 Statement of Work v1
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C. Any service items discussed during demonstrations; conference calls; or other
events are not included in the scope of this project unless specifically listed in
Appendix B.
2.5. OpenGov Responsibilities
2.5.1. Activity 1 – Project Management
OpenGov will provide project management for the OpenGov responsibilities in this SOW.
The purpose of this activity is to provide direction to the OpenGov project personnel and to
provide a framework for project planning, communications, reporting, procedural and
contractual activity. This activity is composed of the following tasks:
Planning
OpenGov will:
A. review the SOW, contract and project plan with Customer’s Project Manager and key
stakeholders to ensure alignment and agreed upon timelines;
B. maintain project communications through your Project Manager;
C. establish documentation and procedural standards for deliverable Materials; and
D. Collaborate with your Project Manager to prepare and maintain the project plan for
the performance of this SOW which will include the activities, tasks, assignments,
and project milestones.
Project Tracking and Reporting
OpenGov will:
A. review project tasks, schedules, and resources and make changes or additions, as
appropriate. Measure and evaluate progress against the project plan with your
Project Manager;
B. work with your Project Manager to address and resolve deviations from the project
plan;
C. conduct regularly scheduled project status meetings; and
D. administer the Project Change Control Procedure with your Project Manager.
Completion Criteria:
This is an on-going activity which will be considered complete at the end of the Services
contract.
Deliverable Materials:
● Weekly status reports
● Project plan
● Project Charter
● Risk, Action, Issues and Decisions Register (RAID)
2023 Statement of Work v1
5
2.5.2. Activity 2 – Initialization
OpenGov will provide the following:
A. Customer Entity configuration
B. System Administrators creation
C. Solution Blueprint creation
D. Data Validation strategy confirmation
Completion Criteria:
This activity will be considered complete when:
● Customer Entity is created
● System Administrators have access to Customer Entity
● Solution Blueprint is presented to Customer
Deliverable Materials:
● Solution Blueprint
● Sign-off of Initial Draft Solution Blueprint
2.5.3. Activity 3 – OpenGov Domains
OpenGov will provide the following:
Enterprise Asset Management Domains
A. Water Distribution
B. Wastewater Collection / Sanitary Sewer
Completion Criteria:
This activity will be considered complete when:
● Instance setup is completed
● Requirements Gathering is completed
● Start up Data is loaded
● Asset Installation in completed
● Integrations are implemented
Deliverable Materials:
● Formal sign off document
2.5.4. Activity 4 – Training
Training will be provided in instructor-led virtual sessions unless otherwise specified in
Appendix B. For any instructor-led virtual sessions, the class size is recommended to be 10,
for class sizes larger than 10 it may be necessary to have more than one instructor.
Completion Criteria:
● Software training is delivered
2023 Statement of Work v1
6
Deliverable Materials:
● Formal sign off document
2.6. Your Responsibilities
The completion of the proposed scope of work depends on the full commitment and
participation of your management and personnel. The responsibilities listed in this section
are in addition to those responsibilities specified in the Agreement and are to be provided
at no charge to OpenGov. OpenGov's performance is predicated upon the following
responsibilities being managed and fulfilled by you. Delays in performance of these
responsibilities may result in delay of the completion of the project and will be handled in
accordance with Appendix A-1: Project Change Control Procedure.
2.6.1. Your Project Manager
Prior to the start of this project, you will designate a person called your Project Manager
who will be the focal point for OpenGov communications relative to this project and will
have the authority to act on behalf of you in all matters regarding this project.
Your Project Manager's responsibilities include the following:
A. manage your personnel and responsibilities for this project (for example: ensure
personnel complete any self-paced training sessions, configuration, validation or
user acceptance testing);
B. serve as the interface between OpenGov and all your departments participating in
the project;
C. administer the Project Change Control Procedure with the Project Manager;
D. participate in project status meetings;
E. obtain and provide information, data, and decisions within five (5) business days of
OpenGov’s request unless you and OpenGov agree in writing to a different response
time;
F. resolve deviations from the estimated schedule, which may be caused by you;
G. help resolve project issues and escalate issues within your organization, as
necessary; and
H. create, with OpenGov’s assistance, the project plan for the performance of this SOW
which will include the activities, tasks, assignments, milestones and estimates.
2.7. Completion Criteria
OpenGov will have fulfilled its obligations under this SOW when any of the following first
occurs:
2023 Statement of Work v1
7
A. OpenGov accomplishes the activities set forth in “OpenGov responsibilities” section
and delivers the services in Appendix B as listed, if any; or
B. The End date is reached
2.8. Estimated Schedule
OpenGov will schedule resources for this project upon signature of the order form. Unless
specifically noted, the OpenGov assigned project manager will work with Customer Project
Manager to develop the project schedule for all requested deliverables under this SOW.
OpenGov reserves the right to adjust the schedule based on the availability of OpenGov
resources and/or Customer resources, and the timeliness of deliverables provided by the
Customer.
The Services are currently estimated to start within two (2) weeks but no later than four (4)
weeks from signatures and have an estimated end date of nine months after signatures
(“End Date”) or on other dates mutually agreed to between you and OpenGov.
2.9. Illustrative Project Timelines
The typical project timelines are for illustrative purposes only and may not reflect your use
cases.
2.10. Charges
The Services will be conducted on a Fixed Price basis. This fixed price is exclusive of any
travel and living expenses and other reasonable expenses incurred in connection with the
Services. All charges are exclusive of any applicable taxes.
Customer shall reimburse OpenGov for reasonable out-of-pocket expenses OpenGov incurs
providing Professional Services. Reasonable expenses include, but are not limited to,
travel, lodging, and meals. Expenses are billed based on actual costs incurred. OpenGov
shall not exceed the estimated $4,800 expenses without written approval from the
Customer.
2.11. Offer Expiration Date
This offer will expire on January 18, 2024 unless extended by OpenGov in writing.
2023 Statement of Work v1
8
Appendix A: Engagement Charter
A-1: Communication and Escalation Procedure
Active engagement throughout the implementation process is the foundation of a successful
deployment. To help assess progress, address questions, and minimize risk during the course of
deployment both parties agree to the following:
● Regular communication aligned to the agreed upon project plan and timing.
○ OpenGov expects our customers to raise questions or concerns as soon as they
arise. OpenGov will do the same, in order to be able to address items when known.
● Executive involvement
○ Executives may be called upon to clarify expectations and/or resolve confusion.
○ Executives may be needed to steer strategic items to maximize the value through
the deployment.
● Escalation Process:
○ OpenGov and Customer agree to raise concerns and follow the escalation process,
resource responsibility, and documentation in the event an escalation is needed to
support issues raised
● Identification of an issue impeding deployment progress, outcome or
capturing the value proposition, that is not acceptable.
● Customer or OpenGov Project Manager summarizes the problem statement
and impasse.
● Customer and OpenGov Project Managers jointly will outline solution,
acceptance or schedule Executive review.
● Resolution will be documented and signed off following Executive review.
● Phase Sign-Off
○ OpenGov requests sign-offs at various stages during the implementation of the
project. Once the Customer has signed-off, any additional changes requested by
Customer on that stage will require a paid change order for additional hours for
OpenGov to complete the requested changes.
A-2: Change Order Process
This SOW and related efforts are based on the information provided and gathered by OpenGov.
Customers acknowledge that changes to the scope may require additional effort or time,
resulting in additional cost. Any change to scope must be agreed to in writing or email, by both
Customer and OpenGov, and documented as such via a:
● Change Order - Work that is added to or deleted from the original scope of this SOW.
Depending on the magnitude of the change, it may or may not alter the original contract
amount or completion date and be paid for by Customer. Changes might include:
o Timeline for completion
o Sign off process
o Cost of change and Invoice timing
o Amending the SOW to correct an error.
2023 Statement of Work v1
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o Extension of work as the complexity identified exceeds what was expected by
Customer or OpenGov.
o Change in type of OpenGov resources to support the SOW.
A-3: Deliverable Materials Acceptance Procedure
Deliverable Materials as defined herein will be reviewed and accepted in accordance with the
following procedure:
● The deliverable Material will be submitted to your Project Manager.
● Your Project Manager will have decision authority to approve/reject all project Criteria,
Phase Acceptance and Engagement Acceptance.
● Within five (5) business days of receipt, your Project Manager will either accept the
deliverable Material or provide OpenGov’s Project Manager a written list of requested
revisions. If OpenGov receives no response from your Project Manager within five (5)
business days, then the deliverable Material will be deemed accepted. The process will
repeat for the requested revisions until acceptance.
● All acceptance milestones and associated review periods will be tracked on the project
plan.
● Both OpenGov and Customer recognize that failure to complete tasks and respond to open
issues may have a negative impact on the project.
● For any tasks not yet complete, OpenGov and/or Customer will provide sufficient resources
to expedite completion of tasks to prevent negatively impacting the project.
● Any conflict arising from the deliverable Materials Acceptance Procedure will be addressed
as specified in the Escalation Procedure set forth in Appendix A-1. As set forth in the
“Customer Delays” provision of the Agreement, if there are extended delays (greater than 10
business days) in Customer’s response for requested information or deliverable; OpenGov
may opt to put the project on an "On Hold" status. After the Customer has fulfilled its
obligations, Professional Services can be resumed and the project will be taken off the
"On-Hold" status.
● Putting a project “on Hold” may have several ramifications including, but not restricted, to
the following:
○ Professional Services to the customer could be stopped;
○ Delay to any agreed timelines; or
○ Not having the same Professional Services team assigned.
2023 Statement of Work v1
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Appendix B: Implementation Activities
Setup
OpenGov will:
● Setup a hosted, sandbox and production OMS environment.
● Provide an overview, up to two (2) hours, of OpenGov and ArcGIS Online user-based logins
and User/Role functionality.
● Provide a template file to be utilized by your staff to populate Roles and Users to be utilized
for OMS.
● Utilize the template to create users and roles in OMS. (Note: Subsequent User and/or Role
changes will be your administrator’s responsibility.)
● Provide documentation and guidance, up to four (4) hours, for your technical GIS staff to
configure Esri Basemap Services for OMS integration. Guidance will be geared towards
OMS/Esri integration functionality and requirements.
● Setup the OMS Platform, including the Request, Work, Resource, and Asset Management
areas of the software. Asset Management solutions will be setup for all solutions referenced in
the Assets section of the scope unless otherwise noted.
Requirements Gathering
OpenGov will
● Provide a two-day (2-day) onsite requirement gathering workshop to increase our
understanding of your business and functional goals. Through workshops and interviews,
OpenGov will identify best fit scenarios for OMS and provide a brief including any challenges
as well as recommendations for OMS best practices relevant to your implementation.
Configurations
OpenGov will:
● Provide configuration services, including:
o Up to ten (10) custom fields and up to two (2) custom layouts per asset type listed in
the Assets section below
o Up to thirty (30) custom fields and up to ten (10) custom layouts to be utilized in any
of the shared areas of the system, such as Tasks
o Up to twenty (20) automations
o Up to twenty (20) preventative maintenance plans
Training
OpenGov will:
Foundational Training
● Provide remote train-the-trainer training, up to two (2) hours, on overall system navigation
and functionality to help familiarize your staff with the software environment and its
common functions. Training topics include:
o Dashboards
o Standard KPI/ROI Gadgets
o Logins/Permission
2023 Statement of Work v1
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o Layers
o Filters
o Maps
o Grids
o System Navigation
o Views (List & Detail)
o Standard Reports
o Attachments
o Requests, Work, Assets, Resources, Reports, and Administrator Tabs
● Provide remote train-the-trainer training, up to one (1) hour, for an overview of Preventative
Maintenance Plans.
● Provide remote train-the-trainer training, up to one (1) hour, for an overview of Asset
Condition Manager and Advanced Inspections.
● Provide remote train-the-trainer training, up to two (2) hours, for an overview of Reporting.
● Provide remote train-the-trainer training, up to two (2) hours, on OMS Esri integration
functionality. Training topics include:
o OMS Esri integration configuration options
o Integration functionality (basemap and feature)
o Overall Esri integration requirements, considerations, and OpenGov recommended
best practices
Train the Trainer Training Event
● Provide a two-day (2-day) onsite "train-the-trainer" training event. The training agenda will
be defined and agreed upon by both OpenGov and your project manager. To avoid
redundancy, and to utilize service time efficiently, training may cover a subset of the assets
listed in the Asset section of the scope. Topics may include any of the following:
o Request Management:
▪ Requests
▪ Requesters
▪ Task Creation from Requests
▪ Issue library (including settings such as Applies to Asset and Non-Location)
▪ OpenGov recommended best practices for Request and Requester
Management
o Work Management:
▪ Create Task(s) (Asset/Non-Asset)
▪ Assignments (Add, Edit, Remove)
▪ Task Menu Actions
▪ Related Work Items
▪ Create Work Order
▪ Associate Task to WO
▪ Repeat Work Orders
▪ Work Order Menu Actions
▪ Enter Resources
▪ Timesheets
▪ Activity library (including settings such as Applies to Asset, Inspection, Key
Dates, Cost, and Productivity)
▪ OpenGov recommended best practices for Work Management
o Asset Management:
2023 Statement of Work v1
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▪ Asset Details
▪ Preventative Maintenance Plans
▪ Inspections
▪ Linked assets (if applicable)
▪ Container/Component Relationships (if applicable)
▪ OpenGov recommended best practices for Asset Management
o Resource Management:
▪ Resource Details
▪ Labor/Equipment Rates
▪ Material Management (Stock, Usage, Adjustments)
▪ Vendor Price Quotes
▪ OpenGov recommended best practices for Resource Management
o OpenGov Mobile:
▪ Overall system functionality (Navigation, Interface, Maps, Attachments,
Sorting)
▪ Work Management
● Create and Update Tasks (Asset/Non-Asset)
● Assign Tasks
● Enter Resources
● Inspections
▪ Asset Management
● Create and Update Assets
▪ Request Management
● View and Update Requests
● View Requester information
● Create Task from Request
▪ OpenGov recommended best practices for mobile device use
o Administrator:
▪ Administrator:
● User Administration, Role Administration, Asset Administration, Record
Filter Administration, Import/Export, Scheduled Process Log, Error Log
▪ Settings:
● System Settings, Map Administration, Geocode Settings, GIS Integration
settings, Asset Color Manager
▪ Manager:
● Layout Manager, Library Manager, Preventative Maintenance, Asset
Condition Manager, Notification Manager, Structure Manager, Automation
● Manager
Advanced Training Topics:
● Provide Preventative Maintenance Plans remote train-the-trainer training, up to three (3)
hours. Training topics include:
o Preventative Maintenance
o OpenGov recommended best practices for proactive asset management
● Provide Advanced Inspections, Asset Condition Manager, and Asset Risk remote
train-the-trainer training, up to four (4) hours. Training topics include:
o Performance Management
▪ Prediction Groups
▪ Minimum Condition Groups
▪ Activities and Impacts
2023 Statement of Work v1
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▪ Criticality Factor
▪ Install/Replaced Dates
o Business Risk Exposure
▪ Risk
▪ Consequence of Failure
▪ Probability of Failure
o OpenGov recommended best practices for Asset Risk Functionality , advanced
inspections and condition management
Go-Live Support
OpenGov will:
● Provide a remote, up to eight (8) hours, web conferences, to be utilized for Go-Live Support.
The agenda will be defined, and agreed upon, by both your and OpenGov’s project managers.
Topics may include any of the following:
o Refresher training for items listed in the scope of work
o Software and process support for staff during production roll out
o Field, Layout, and Report configuration guidance, if applicable
Data Services
OpenGov will:
● Provide one sandbox and one production data load service through standard import/export
functionality. OpenGov will provide template documents for data population. Once populated
by your staff, OpenGov will load the data into your sandbox or production OMS environment.
Data loads may include data such as:
o Parent level asset records
o Asset location (spatial x/y) attributes
o Parent level resource (Labor, Equipment Material, Vendor) records
o Resource Rate (Labor, Equipment, Material) records
o Standard system libraries
Integrations
● OpenGov staff will provide a bi-directional (two-way) Integration Service between BS&A and
OpenGov. The integration includes the following data points:
o Automated import of the following data points:
▪ Customer Accounts and Service Locations
▪ Water Meters
▪ Associated Water Meter-related Tasks
o Automated export of the following data points:
▪ Completed Water Meter-related Tasks
o A sync using a unique ID
▪ If ID exists; information will be updated
▪ If ID does not exist; OpenGov will create a record or produce an error message
● Assumptions
o The integration will include up to 12 fields per integrated data point
o Runtime interval for the sync is customer configurable but can occur no more frequently
than hourly
o Customer staff will be responsible for populating required values utilized to support
integration
o Customer staff will be responsible for providing recurring data for import with a consistent
location and filename
2023 Statement of Work v1
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o Customer staff will be responsible for importing the exported Task data back into BS&A
o All data must be accessible to the OpenGov service from a flat file (.csv or .txt)
Assets
OpenGov will:
● Provide installation and training on the following asset types:
o Water Distribution (9)
▪ Water Backflow; Water Facility; Water Hydrant; Water Lateral; Water Main;
Water Meter; Water Pump; Water Valve; Water Storage Tank
o Wastewater Collection / Sanitary Sewer (7)
▪ Sewer Cleanout; Sewer Facility; Sewer Force Main; Sewer Lateral; Sewer
Main; Sewer Manhole; Sewer Pump
2023 Statement of Work v1
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OpenGov Master Services Agreement
The parties to this Master Services Agreement (this “Agreement”) are OpenGov, Inc., a Delaware
corporation (“OpenGov”), and the customer named in the signature block below (“Customer”).
This Agreement, which becomes binding when the parties have signed it (the “Effective Date”),
sets forth the terms under which Customer will be permitted to use OpenGov’s hosted software
services and receive professional services.
1. Definitions
1.1. “Customer Data” means data that is provided by Customer to OpenGov pursuant to this
Agreement (for example, by email or through Customer’s software systems of record).
Customer Data does not include any confidential personally identifiable information.
1.2. “Documentation” means materials produced by OpenGov that provide information about
OpenGov’s software products and systems. Customers may access the most up-to-date
Documentation on the Customer Resource Center page at opengov.zendesk.com.
1.3. “Intellectual Property Rights” means all intellectual property rights including all past,
present, and future rights associated with works of authorship, including exclusive
exploitation rights, copyrights, and moral rights, trademark and trade name rights and
similar rights, trade secret rights, patent rights, and any other proprietary rights in
intellectual property of every kind and nature.
1.4. “Order Form” means the document executed by the parties that specifies the Software
Services that OpenGov will provide to Customer under this Agreement.
1.5. “Term” refers to the Initial Term defined in Section 6.1 plus all Renewal Terms defined in
Section 6.2.
2. Software Services, Support, and Professional Services
2.1. Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use
commercially reasonable efforts to provide the commercial off-the-shelf software solutions
identified in the applicable Order Form (“Software Services”).
2.2. Support and Service Levels. Customer support is available by email to
[email protected] or by using the chat messaging functionality of the Software
Services, both of which are available during OpenGov’s standard business hours. Customer
may report issues any time. However, OpenGov will address issues during business hours.
OpenGov will provide support for the Software Services in accordance with the Support and
Software Service Levels found at opengov.com/service-sla, as long as Customer is entitled
to receive support under the applicable Order Form and this Agreement.
2.3. Professional Services
2.3.1.If OpenGov or its authorized independent contractors provides professional services to
Customer, such as implementation services, then these professional services
(“Professional Services”) will be described in an applicable statement of work (“SOW”)
agreed to by the parties. Unless otherwise specified in the SOW, any pre-paid
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OpenGov Master Services Agreement Revised June 1, 2023
Professional Services must be utilized within one year from the Effective Date.
2.3.2.Relevant travel expenses are provided in the SOW. Any other travel expenses related to
the performance of the Professional Services shall be pre-approved by and reimbursed by
Customer.
3. Restrictions and Responsibilities
3.1. Restrictions. Customer may not use the Software Services in any manner or for any purpose
other than as expressly permitted by the Agreement and Documentation. In addition,
Customer shall not, and shall not permit or enable any third party to: (a) use or access any of
the Software Services to build a competitive product or service; (b) modify, disassemble,
decompile, reverse engineer or otherwise make any derivative use of the Software Services
(except to the extent applicable laws specifically prohibit such restriction); (c) sell, license,
rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise
commercially exploit the Software Services; (d) perform or disclose any benchmarking or
performance testing of the Software Services; (e) remove any proprietary notices included
with the Software Services; (f) use the Software Services in violation of applicable law; or
(g) transfer any confidential personally identifiable information to OpenGov or the Software
Services platform.
3.2. Responsibilities. Customer shall be responsible for obtaining and maintaining computers
and third party software systems of record (such as Customer’s ERP systems) needed to
connect to, access or otherwise use the Software Services. Customer also shall be
responsible for: (a) ensuring that such equipment is compatible with the Software Services,
(b) maintaining the security of such equipment, user accounts, passwords and files, and (c)
all uses of Customer user accounts by any party other than OpenGov.
4. Intellectual Property Rights; License Grants; Access to Customer Data
4.1. Software Services. OpenGov owns all interests and Intellectual Property Rights in the
Software Services. The look and feel of the Software Services, including any custom fonts,
graphics and button icons, are the property of OpenGov. Customer may not copy, imitate, or
use them, in whole or in part, without OpenGov’s prior written consent. Subject to
Customer’s obligations under this Agreement, OpenGov grants Customer a non-exclusive,
royalty-free license during the Term to use the Software Services.
4.2. Customer Data. Customer Data and the Intellectual Property Rights therein belong to the
Customer. Customer grants OpenGov and its partners (such as hosting providers) a non-
exclusive, royalty-free license to use, store, edit, and reformat the Customer Data for the
purpose of providing the Software Services. Customer further agrees that OpenGov and its
partners may use aggregated, anonymized Customer Data for purposes of sales, marketing,
business development, product enhancement, customer service, and data analysis. Insights
gleaned from aggregated, anonymized Customer Data will belong to OpenGov.
4.3. Access to Customer Data. Customer may download the Customer Data from the Software
Services at any time during the Term, excluding during routine software maintenance
periods. OpenGov has no obligation to return Customer Data to Customer.
4.4. Deletion of Customer Data. Unless otherwise requested pursuant to this Section 4.4, upon
the termination of this Agreement, the Customer Data shall be deleted pursuant to
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OpenGov Master Services Agreement Revised June 1, 2023
OpenGov’s standard data deletion and retention practices. Upon written request, Customer
may request deletion of Customer Data prior to the date of termination of this Agreement.
Such a request must be addressed to “OpenGov Vice President, Customer Success” at
OpenGov’s address for notice in Section 10.2.
4.5. Feedback. “Feedback” means suggestions, comments, improvements, ideas, or other
feedback or materials regarding the Software Services provided by Customer to OpenGov,
including feedback provided through online developer community forums. Customer grants
OpenGov a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use and
incorporate into the Software Services and Documentation Customer’s Feedback. OpenGov
will exclusively own any improvements or modifications to the Software Services and
Documentation based on or derived from any of Customer’s Feedback including all
Intellectual Property Rights in and to the improvements and modifications.
5. Confidentiality
5.1. “Confidential Information" means all confidential business, technical, and financial
information of the disclosing party that is marked as “Confidential” or an equivalent
designation or that should reasonably be understood to be confidential given the nature of
the information and/or the circumstances surrounding the disclosure. OpenGov’s
Confidential Information includes, without limitation, the software underlying the Software
Services, and all Documentation.
5.2. Confidential Information does not include: (a) data that the Customer has previously
released to the public; (b) data that Customer would be required to release to the public
upon request under applicable federal, state, or local public records laws; (c) Customer Data
that Customer requests OpenGov make available to the public in conjunction with the
Software Services; (d) information that becomes publicly known through no breach by
either party; (e) information that was rightfully received by a party from a third party
without restriction on use or disclosure; or (f) information independently developed by the
Receiving Party without access to the Disclosing Party’s Confidential Information.
5.3. Each party agrees to obtain prior written consent before disclosing any of the other party's
Confidential Information. Each party further agrees to use the other's Confidential
Information only in connection with this Agreement. Each party further agrees to protect the
other party's Confidential Information using the measures that it employs with respect to its
own Confidential Information of a similar nature, but in no event with less than reasonable
care. If a party is required to disclose Confidential Information by law or court order, they
must notify the other party in writing before making the disclosure to give the other party an
opportunity to oppose or limit the disclosure.
6. Term and Termination
6.1. Initial Term. This Agreement begins on the Effective Date and ends on the date the
subscription ends (“Initial Term”), according to the Order Form, unless sooner terminated
pursuant to Section 6.3.
6.2. Renewal. This Agreement shall automatically renew for another period of the same duration
as the Initial Term (each one is a new “Renewal Term”) unless either party notifies the other
party of its intent not to renew this Agreement in writing no less than 30 days before the end
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OpenGov Master Services Agreement Revised June 1, 2023
of the then-current term.
6.3. Termination. If either party materially breaches any term of this Agreement and fails to cure
such breach within 30 days after receiving written notice by the non-breaching party (10
days in the case of non-payment), the non-breaching party may terminate this Agreement.
Neither party shall have the right to terminate this Agreement early without a legally valid
cause.
6.4. Effect of Termination. Upon termination of this Agreement pursuant to Section 6.1, 6.2, or
6.3: (a) Customer shall pay in full for all Software Services and Professional Services
performed up to and including the date of termination or expiration, (b) OpenGov shall stop
providing Software Services and Professional Services to Customer; and (c) each party shall
(at the other party’s option) return or delete any of the other party’s Confidential
Information in its possession.
7. Payment of Fees
7.1. Fees; Invoicing; Payment; Expenses.
7.1.1.Fees. Fees for Software Services and for Professional Services are set forth in the
applicable Order Form, and OpenGov will invoice Customer accordingly. Customer
agrees to pay invoices within 30 days without setoffs, withholdings or deductions of any
kind. Invoices are deemed received when OpenGov emails them to Customer’s
designated billing contact. Obligations to pay fees are non-cancelable, and payments are
non-refundable.
7.1.2.Annual Software Maintenance Price Adjustment. OpenGov shall increase the fees for the
Software Services during any Renewal Term by 5% each year of the Renewal Term.
7.1.3.Travel Expenses. OpenGov will invoice Customer for travel expenses provided in the
SOW as they are incurred. Customer shall pay all such valid invoices within 30 days of
receipt of invoice. Each invoice shall include receipts for the travel expenses listed on the
invoice.
7.1.4.Customer Delays; On Hold Fee.
7.1.4.1.On Hold. Excluding delays caused by a force majeure event as described in Section
10.5, if OpenGov determines that Customer’s personnel or contractors are not
completing Customer’s responsibilities described in the applicable SOW timely or
accurately, OpenGov may place the Professional Services on hold. If OpenGov
places a Customer on hold, OpenGov will ensure that Customer is made aware of its
obligations necessary for OpenGov to continue performing the Professional Services.
Upon placing a customer on hold, OpenGov may, without penalty, suspend
Professional Services to the Customer and reallocate resources until the Customer has
fulfilled its obligations. OpenGov shall bear no liability or otherwise be responsible
for delays in the provision of the Professional Services occasioned by Customer’s
failure to complete Customer’s responsibilities.
7.1.4.2.On Hold Notice; On Hold Fee. OpenGov may also issue an “On Hold Notice”
specifying that the Customer will be invoiced for lost time in production (e.g.,
delayed or lost revenue resulting from rescheduling work on other projects, delay in
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OpenGov Master Services Agreement Revised June 1, 2023
receiving milestone payments from Customer, equipment, hosting providers and
human resources idle) for a fee equal to 10% of the first year’s fee for Software
Services. OpenGov may remove the on hold status and may rescind the fee in its
discretion upon Customer’s fulfillment of its obligations set out in the On Hold
Notice. And OpenGov may extend the timeline to complete certain Professional
Services depending on the availability of qualified team resources (OpenGov cannot
guarantee that these team resources will be the same as those who were working on
the project prior to it being placed On Hold).
7.2. Consequences of Non-Payment. If Customer fails to make any payments required under any
Order Form or SOW, then in addition to any other rights OpenGov may have under this
Agreement or applicable law, (a) Customer will owe late interest penalty of 1.5% of the
outstanding balance per month, or the maximum rate permitted by law, whichever is lower
and (b) If Customer’s account remains delinquent (with respect to payment of a valid
invoice) for 30 days after receipt of a delinquency notice from OpenGov, which may be
provided via email to Customer’s designated billing contact, OpenGov may temporarily
suspend Customer’s access to the Software Service for up to 90 days to pursue good faith
negotiations before pursuing termination in accordance with Section 6.3. Customer will
continue to incur and owe all applicable fees irrespective of any such Service suspension
based on such Customer delinquency.
7.3. Taxes. All fees under this Agreement are exclusive of any applicable sales, value-added, use
or other taxes (“Sales Taxes”). Customer is solely responsible for any and all Sales Taxes,
not including taxes based solely on OpenGov’s net income. If any Sales Taxes related to the
fees under this Agreement are found at any time to be payable, the amount may be billed by
OpenGov to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then
Customer will be liable for any related penalties or interest, and will indemnify OpenGov
for any liability or expense incurred in connection with such Sales Taxes. In the event
Customer or the transactions contemplated by the Agreement are exempt from Sales Taxes,
Customer agrees to provide OpenGov, as evidence of such tax exempt status, proper
exemption certificates or other documentation acceptable to OpenGov.
8. Representations and Warranties; Disclaimer
8.1. By OpenGov.
8.1.1.General Warranty. OpenGov represents and warrants that it has all right and authority
necessary to enter into and perform this Agreement.
8.1.2.Professional Services Warranty. OpenGov further represents and warrants that the
Professional Services, if any, will be performed in a professional and workmanlike
manner in accordance with the related SOW and generally prevailing industry standards.
For any breach of the Professional Services warranty, Customer’s exclusive remedy and
OpenGov’s entire liability will be the re-performance of the applicable services. If
OpenGov is unable to re-perform such work as warranted, Customer will be entitled to
recover all fees paid to OpenGov for the deficient work. Customer must give written
notice of any claim under this warranty to OpenGov within 90 days of performance of
such work to receive such warranty remedies.
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OpenGov Master Services Agreement Revised June 1, 2023
8.1.3.Software Services Warranty. OpenGov further represents and warrants that for a period
of 90 days after the Effective Date, the Software Services will perform in all material
respects in accordance with the Documentation. The foregoing warranty does not apply
to any Software Services that have been used in a manner other than as set forth in the
Documentation and authorized under this Agreement. OpenGov does not warrant that the
Software Services will be uninterrupted or error-free. Customer must give written notice
of any claim under this warranty to OpenGov during the Term. OpenGov’s entire liability
for any breach of the foregoing warranty is to repair or replace any nonconforming
Software Services so that the affected portion of the Software Services operates as
warranted or, if OpenGov is unable to do so, terminate the license for such Software
Services and refund the pre-paid, unused portion of the fee for such Software Services.
8.2. By Customer. Customer represents and warrants that (a) it has all right and authority
necessary to enter into and perform this Agreement; and (b) OpenGov’s use of the Customer
Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual
Property Rights of any third party.
8.3. Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE
SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE
SOFTWARE SERVICES ARE PROVIDED “AS IS” AND OPENGOV DISCLAIMS ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of Liability
9.1. By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES,
REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE
OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT
UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER
THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR
INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C)
FOR ANY MATTER BEYOND A PARTY’S REASONABLE CONTROL, EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGE.
9.2. By Amount. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE
LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO
THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER TO OPENGOV FOR
THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS
PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.
9.3. Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and
9.2 above do not apply to, and each party accepts liability to the other for: (a) claims based
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OpenGov Master Services Agreement Revised June 1, 2023
on either party’s intentional breach of its obligations set forth in Section 5 (Confidentiality),
(b) claims arising out of fraud or willful misconduct by either party and (c) either party’s
infringement of the other party’s Intellectual Property Rights.
9.4. No Limitation of Liability by Law. Because some jurisdictions do not allow liability or
damages to be limited to the extent set forth above, some of the above limitations may not
apply to Customer.
10. Miscellaneous
10.1. Logo Use. OpenGov shall have the right to use and display Customer’s logos and trade
names for marketing and promotional purposes in OpenGov’s website and marketing
materials, subject to Customer’s trademark usage guidelines provided to OpenGov.
10.2. Notice. Ordinary day-to-day operational communications may be conducted by email, live
chat or telephone. However, for notices, including legal notices, required by the Agreement
(in sections where the word “notice” appears) the parties must communicate more formally
in a writing sent via USPS certified mail and via email. OpenGov’s addresses for notice are:
OpenGov, Inc., 6525 Crown Blvd #41340, San Jose, CA 95160, and [email protected].
10.3. Anti-corruption. Neither OpenGov nor any of its employees or agents has offered or
provided any illegal or improper payment, gift, or transfer of value in connection with this
Agreement. The parties will promptly notify each other if they become aware of any
violation of any applicable anti-corruption laws in connection with this Agreement.
10.4. Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions
or the unauthorized use of a party’s intellectual property may result in serious and
irreparable injury to the aggrieved party for which damages may not adequately compensate
the aggrieved party. The parties agree, therefore, that, in addition to any other remedy that
the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without
being required to post a bond or other surety or to prove either actual damages or that
damages would be an inadequate remedy.
10.5. Force Majeure. Neither party shall be held responsible or liable for any losses arising out of
any delay or failure in performance of any part of this Agreement, other than payment
obligations, due to any act of god, act of governmental authority, or due to war, riot, labor
difficulty, failure of performance by any third-party service, utilities, or equipment provider,
or any other cause beyond the reasonable control of the party delayed or prevented from
performing.
10.6. Severability; Waiver. If any provision of this Agreement is found to be unenforceable or
invalid, that provision will be limited or eliminated to the minimum extent necessary so that
this Agreement will otherwise remain in full force and effect and enforceable. Any express
waiver or failure to exercise promptly any right under this Agreement will not create a
continuing waiver or any expectation of non-enforcement.
10.7. Survival. The following sections of this Agreement shall survive termination: Section 5.
(Confidentiality), Section 7 (Payment of Fees), Section 4.4 (Deletion of Customer Data),
Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability) and Section 10
(Miscellaneous).
7
OpenGov Master Services Agreement Revised June 1, 2023
10.8. Assignment. There are no third-party beneficiaries to this Agreement. Except as set forth in
this Section 10.8, neither party may assign, delegate, or otherwise transfer this Agreement or
any of its rights or obligations to a third party without the other party's written consent,
which consent may not be unreasonably withheld, conditioned, or delayed. Either party may
assign, without such consent but upon written notice, its rights and obligations under this
Agreement to its corporate affiliate or to any entity that acquires all or substantially all of its
capital stock or its assets related to this Agreement, through purchase, merger,
consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement
will benefit and bind permitted assigns and successors.
10.9. Independent Contractors. This Agreement does not create an agency, partnership, joint
venture, or employment relationship, and neither party has any authority to bind the other.
10.10. Governing Law and Jurisdiction. California laws govern this Agreement, without regard
to conflict of laws principles. Exclusive jurisdiction for litigation of any dispute,
controversy or claim arising out of or in connection with this Agreement shall be only in the
Federal or State court with competent jurisdiction located in San Mateo County, California,
and the parties submit to the personal jurisdiction and venue therein.
10.11. Complete Agreement. OpenGov has made no other promises or representations to
Customer other than those contained in this Agreement. Any modification to this Agreement
must be in writing and signed by an authorized representative of each party.
Signatures
Customer: OpenGov, Inc.
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
8
OpenGov Master Services Agreement Revised June 1, 2023
7.h
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 14, 2023 Title: Emergency City Hall Chiller Repairs
Submitted By: Dan VanderHeide Department: DPW
Brief Summary: Staff seeks authorization to make emergency repairs to the chiller plant at City Hall.
Detailed Summary & Background:
The chiller plant at City Hall, essentially the air conditioning unit, unexpectedly failed when a power
surge hit the equipment following the explosion of a transformer. Many of the electrical
components within the unit were affected and needed to be replaced. Staff reached out to
American Mechanical Services of West Michigan, located just east of the City, and they agreed to
repair the unit immediately.
The damage occurred earlier this fall and staff authorized the repairs as an emergency purchase
under the procurement policy. The City Manager approved the expense. In accordance with the
policy the purchase is being brought to the Commission for approval after-the-fact due to being
over $25,000.
Goal/Focus Area/Action Item Addressed: Sustainability in financial practices and infrastructure
Amount Requested: Budgeted Item:
$31,286.97 Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
101-265 (City Hall Maintenance) Yes No N/A
Recommended Motion:
I move authorization for staff to make emergency repairs to the chiller plant at City Hall.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
American Mechanical Services of INVOICE
Western Michigan Inc
Unpaid
7815 East Apple Ave
Muskegon, MI 49442
Presented to: Job # 15874
CITY OF MUSKEGON Job Name Chiller motors and
fans
933 Terrace St.
Invoice # I-15874-1
P.o. Box 536 Technician
Muskegon, MI 49443 Issue Date Sep 27 2023
Payment Terms Upon Receipt
Due Date Oct 27 2023
Customer Contact: Service Location:
H: 231-724-6968 933 Terrace St.
M: 231747-0236 P.o. Box 536
E: [email protected] Muskegon, MI 49443
DESCRIPTION QTY PRICE
0001-BUS 28 $3,360.00
LABOR: Found the chiller was hit by a power surge when the transformer blew up on September, 3rd.
The surge took out all 10 of the condenser fan motor, 4 of the motor starters and most of the fuses in the
system.
PARTS 10 $26,580.00
10- Fan Motors, wire connections and blades
PARTS 4 $742.56
4- motor starters
PARTS 6 $458.34
6- fan fuses
PARTS 3 $146.07
3- control fuses
Subtotal $31,286.97
Taxes $0.00
Total $31,286.97
Make Payment
Customer Approval:
☐ I agree to the terms and conditions of this invoice, and that the goods and or services referenced have
been provided to my satisfaction.
Contact Us: (231) 788-5200 [email protected] https://www.americanmechanicalservicesmi.com/
Agenda Item Review Form
Muskegon City Commission 7.i
Commission Meeting Date: November 14, 2023 Title: Pere Marquette Restroom RFP
Submitted By: Dan VanderHeide Department: Public Works
Brief Summary: Staff is requesting authorization to enter into an agreement with MCSA Group for
$65,479 for design and construction services related to the Pere Marquette South Restroom.
Detailed Summary & Background: The city issued an RFP on October 5, 2023 seeking proposals
from qualified firms for design and construction services for the Pere Marquette South Restroom.
Five (5) proposals were received and staff is recommending award of the services to MCSA
Group, the highest scoring firm based on qualifications of team, understanding of the requested
services, the priced proposal, and location of the firm. MCSA Group has significant experience in
the design and construction of similar park restroom facilities including historic rehabilitation work,
the ability to complete the work plan on time, and offers a good value.
The scores of the proposals received are as follows:
- 924 – MCSA Group
- 857 – Short Elliot Hendricksen (SEH)
- 813 – Fleis & Vandenbrnk
- 717 – Architects Collaborative Design Partnership
- 648 – Driven Design
Goal/Focus Area/Action Item Addressed:
Goal 1 - Destination Community & Quality of Life: Enhanced Parks & Recreation Department Services
Amount Requested: $65,479 Budgeted Item:
($700,000 project budget) Yes No N/A
Fund(s) or Account(s): 445 (Public Improvement) Budget Amendment Needed:
Yes No N/A
Recommended Motion: I move to authorize staff to enter into an agreement with MCSA Group for
$65,479 for design and construction services related to the Pere Marquette South Restroom.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
7.j
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 14, Title: Regional Transit Authority Resolution
2023
Submitted By: LeighAnn Mikesell Department: Manager’s Office
Brief Summary: Staff is seeking approval of a resolution of intent to join other municipalities in
forming a regional transit authority which will establish articles of incorporation to meet
requirements in Act 196.
Detailed Summary & Background: The Deputy City Manager has been participating with other
municipalities in an effort to explore the establishment of a regional transit authority. Muskegon
County wishes to transition its control of public transportation services to a new public
transportation authority and are seeking confirmation and support from the municipalities who want
to continue transit service. By adopting the attached resolutions, we are committing to work with
the other municipalities in developing and filing the articles of incorporation for this new authority.
Goal/Focus Area/Action Item Addressed: Public Transportation Options
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: to approve the resolution of intent to participate in Act 196 authority and
authorize the clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
FROM: Mark T. Koerner
DATE: October 24, 2023
RE: Public Transportation Authorities Under Public Act 196 of 1986
The County of Muskegon has provided for public transportation services since 1974 through the
Muskegon Area Transit System on behalf and in cooperation with local political subdivisions. The
County wishes to transition its control of public transportation services to a new public
transportation authority. This memorandum describes public transportation authorities under
Public Act 196 of 1986, and describes the steps necessary to create a public transportation
authority.
A Public Transportation Authority is a public authority that is created pursuant to Act 196 of 1986,
MCL 124.451 et seq. (“Act 196”). Act 196 allows a political subdivision, or two or more political
subdivisions to create a public transportation authority to provide public transportation services to
the residents of their communities.
What is a Public Transportation Authority
A Public Transportation Authority is an authority formed under Act 196 (the “Act 196 Authority).
An Act 196 Authority is a corporate body, legally separate and distinct from the incorporating
political subdivisions, with the power to sue or be sued. An Act 196 Authority is also considered
an instrumentality of the state.
Act 196 Authorities are eligible to receive funds through the Michigan Transportation Fund, Act
51 of 1951, MCL 247.651 et seq. (“Act 51”). Act 51 creates the Comprehensive Transportation
Fund (“CTF”). The CTF is to provide funds for planning, programming, operating and
construction of public transportation systems. CTF monies are expended on debt service and also
on administrative expenses. Most of the remaining CTF money is distributed to local transit
agencies for operating capital grants for public transportation. Not less than ten (10) percent is to
be used for intercity passenger and freight service. The remaining funds are allocated for
specialized services and other public transportation purposes.
In addition to being eligible to receive Act 51 funds, Act 196 Authorities have the ability to levy a
tax on all the taxable property within the boundaries of the Public Authority. The boundaries of
the Act 196 Authority are the boundaries of the political subdivisions forming the authority. An
Act 196 Authority also has the authority to use notes and bonds to acquire, construct or purchase
public transportation facilities or otherwise finance and carry out its powers and duties.
Finally, Act 196 Authorities are eligible for funding from the federal government under either
Section 5307, Urbanized Area Formula Program, 5311 Rural Area Formula Program and Section
5311(f) Intercity Bus Program.
Steps to Create an Act 196 Authority:
Pursuant to Act 196, an Act 196 Authority can be created through the adoption of Articles of
Incorporation. Under Act 196, the Articles of Incorporation are required to include the following:
1. The name of the Authority;
2. The name or names of the incorporating political subdivisions;
3. The portion of the incorporating city, village, or township to be part of the
authority, if less than the entire city, village or township is to become part of
the public authority;
4. The purposes for which it is formed;
5. The power, duties and limitations of the public authority and its officers;
6. The composition and method of selecting its governing body and officers;
7. The person or persons charged with the responsibility of causing the Articles of
Incorporation to be published and the printed copies of the Articles of
Incorporation to be filed;
8. The method of amending the Articles of Incorporation; and,
9. Any other matters which the incorporators consider advisable.
With many Act 196 Authorities, the incorporating political subdivisions devise the composition
and method of selecting its board by having each of the incorporating political subdivisions appoint
the member of the board representing that political subdivision. That provides some level of
control over the authority even though it is a separate and distinct legal entity.
The “any other matters which the incorporators consider advisable” can consist of funding
mechanisms; dissolution, either through vote, or after the occurrence of some event, such as a
millage failure; removal of board members; meetings and procedures; location of the registered
office; and jurisdiction of other items the incorporating political subdivisions would like to have
included.
Once approved by each of the incorporating political subdivisions, the articles are published (by
the person designated in the articles of incorporation) at least once in a newspaper designated in
the articles and circulate with the area proposed to be served by the Act 196 Authority. One printed
copy of the Articles of Incorporation is filed with the Secretary of the State, the clerk of each
2
county to be served by the Act 196 Authority and the Director of the State Transportation
Department. The validity of the Act 196 Authority is conclusively presumed unless questioned in
a court of competent jurisdiction within sixty (60) days after the publication of the articles.
An Act 196 Authority also has the power to adopt bylaws and rules of administration to accomplish
the purposes of Act 196. This may be done by the incorporating political subdivisions or it can be
left to the Authority Board once created.
Next Steps:
As Muskegon wishes to transition control of its public transportation services to an Act 196
Authority, any political subdivision interested in being part of the Act 196 Authority should
execute the attached Resolution of Intent authorizing a member of the political subdivision to work
with the other interested political subdivisions in developing acceptable articles of incorporation
to be filed.
This memorandum does not constitute legal advice. When questions arise based on specific
situations, direct them to a knowledgeable attorney.
MTK:pmb
86083:00019:7496350-1
3
_________________________
(Political Subdivision)
RESOLUTION OF INTENT TO PARTICIPATE IN ACT 196 AUTHORITY
Resolution No. _______________
At a regular meeting of the ___________________ (“Political Subdivision”), Muskegon
County, Michigan, held at the ___________________________ on the _____ day of ____________,
2023, at ______ p.m.
PRESENT: ____________________________________________________________
____________________________________________________________
ABSENT: ____________________________________________________________
____________________________________________________________
The following Resolution was offered by _______________________________ and
seconded by ________________________________.
WHEREAS, pursuant to the Public Transportation Authority Act, Public Act 196 of 1986,
MCL 124.451 et seq., (“Act 196”), a political subdivision, or two or more political subdivisions may
have the authority to form a transportation authority by adopting articles of incorporation creating the
authority;
WHEREAS, the Political Subdivision has determined that it is in the best interests of the
health, safety and welfare of Political Subdivision residents to explore the formation of a
Transportation Authority under Act 196 at this time;
WHEREAS, to that end, the Political Subdivision desires to express its interest in joining
with other Political Subdivisions to form a new Transportation Authority; and
WHEREAS, the Political Subdivision wishes to authorize the ______________ to move
forward in working with other Political Subdivisions to form Articles of Incorporation creating the
new authority, subject to approval by the Board of the Political Subdivision.
NOW THEREFORE, BE IT RESOLVED THAT:
1
1. ________________________ has determined that it is interested in joining with the
other Political Subdivisions to form a Transportation Authority.
2. __________________________ understands that ___________________ shall work
with the other Political Subdivisions to create Articles of Incorporation that meet the
requirements of Act 196 and that will be acceptable to all participating Political
Subdivisions.
3. The Political Subdivision shall adopt a resolution to establish a Public Transportation
Authority if the proposed Articles of Incorporation are acceptable to the Political
Subdivision.
4. All resolutions or motions and parts of resolutions or motions in conflict with this
resolution are hereby repealed to the extent of such conflict.
ADOPTED:
YEAS: ____________________________
NAYS: ____________________________
RESOLUTION DECLARED ADOPTED.
STATE OF MICHIGAN )
) ss.
COUNTY OF MUSKEGON )
I, the undersigned, the duly qualified and acting Clerk of the ___________________, DO
HEREBY CERTIFY that the foregoing is a true and complete copy of certain proceedings taken by
__________________________ at a meeting held on the _____ day of ____________, 2023, and
that said meeting was conducted and public notice of said meeting was given pursuant to and in full
compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as
amended, and that the minutes of said meeting were kept and will be or have been made available as
required under the Open Meetings Act.
_____________________________
Clerk
2
86083:00019:7496047-1
3
City of Muskegon
RESOLUTION OF INTENT TO PARTICIPATE IN ACT 196 AUTHORITY
Resolution No. _______________
At a regular meeting of the City of Muskegon City Commission (Political Subdivision),
Muskegon County, Michigan, held at the Muskegon City Hall on the 14th day of November, 2023, at
5:30 p.m.
PRESENT: ____________________________________________________________
____________________________________________________________
ABSENT: ____________________________________________________________
____________________________________________________________
The following Resolution was offered by _______________________________ and
seconded by ________________________________.
WHEREAS, pursuant to the Public Transportation Authority Act, Public Act 196 of 1986,
MCL 124.451 et seq., (“Act 196”), a political subdivision, or two or more political subdivisions may
have the authority to form a transportation authority by adopting articles of incorporation creating the
authority;
WHEREAS, the Political Subdivision has determined that it is in the best interests of the
health, safety and welfare of Political Subdivision residents to explore the formation of a
Transportation Authority under Act 196 at this time;
WHEREAS, to that end, the Political Subdivision desires to express its interest in joining
with other Political Subdivisions to form a new Transportation Authority; and
WHEREAS, the Political Subdivision wishes to authorize the Deputy City Manager to move
forward in working with other Political Subdivisions to form Articles of Incorporation creating the
new authority, subject to approval by the Board of the Political Subdivision.
NOW THEREFORE, BE IT RESOLVED THAT:
1
1. The City of Muskegon has determined that it is interested in joining with the other
Political Subdivisions to form a Transportation Authority.
2. The City of Muskegon understands that the Deputy City Manager shall work with the
other Political Subdivisions to create Articles of Incorporation that meet the
requirements of Act 196 and that will be acceptable to all participating Political
Subdivisions.
3. The Political Subdivision shall adopt a resolution to establish a Public Transportation
Authority if the proposed Articles of Incorporation are acceptable to the Political
Subdivision.
4. All resolutions or motions and parts of resolutions or motions in conflict with this
resolution are hereby repealed to the extent of such conflict.
ADOPTED:
YEAS: ____________________________
NAYS: ____________________________
RESOLUTION DECLARED ADOPTED.
STATE OF MICHIGAN )
) ss.
COUNTY OF MUSKEGON )
I, the undersigned, the duly qualified and acting Clerk of the ___________________, DO
HEREBY CERTIFY that the foregoing is a true and complete copy of certain proceedings taken by
__________________________ at a meeting held on the _____ day of ____________, 2023, and
that said meeting was conducted and public notice of said meeting was given pursuant to and in full
compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as
amended, and that the minutes of said meeting were kept and will be or have been made available as
required under the Open Meetings Act.
_____________________________
Clerk
2
86083:00019:7496047-1
3
7.k
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 14 Title: Concession Contract Mac Kite
2023
Submitted By: Kyle Karczewski Department: Parks & Recreation
Brief Summary: Renewal of Mac Kite brick & mortar concessionaire agreement.
Detailed Summary & Background: Per concession policy, Steve Negen of Mac Kite operating out
of South Pere Marquette, qualifies for up to a 5-year contract extension for brick & mortar
concessionaires. The business will be giving lessons on Wing Foil and Efoil equipment per their
proposal. The contractual fees for a brick and mortar at this location is set at $1,000/Year + 10% of
gross receipts or $2,500/Year, whichever is expected to be more.
Goal/Focus Area/Action Item Addressed: Destination Community & Quality of Life (Enhanced
Parks and Recreation Department and Services)
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: Grant staff permission to extend the contract of Mac Kite through April of
2029.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
CITY OF MUSKEGON
DEPARTMENT OF PUBLIC WORKS
1350 E. KEATING
MUSKEGON, MI 49442
CONCESSION/BUSINESS/VENDOR AGREEMENT
AGREEMENT made the _______ day of ___Nov__, 2023, between the City
of Muskegon Department of Public Works, Muskegon, Michigan, hereinafter
called the City, and (name) _Steve Negen, owner of MacKite Board Sports
Center_, (phone number)_(616) 607-9355_, (address) _16881 Hayes
Street_,(city, state, zip)__Grand Haven, MI 49417__, hereinafter called
Concessionaire, Business and/or Vendor.
IT IS THEREFORE AGREED:
1. Activity: Concessionaire hereby agrees that it will operate a
concession at __Pere Marquette Park_ (in the beach Chalet), which is
the property of the City of Muskegon. Concessionaire shall contract
for and carry out and be responsible for all obligations thereunder for
the place, suppliers, and advertising for the concession.
Concessionaire shall apply for and pay premiums for insurance to fully
protect the public, and the City, from any and all liability that may arise
or be incurred as consequence of the concession. Concessionaire
shall have such insurance in the amount of $ 1,000,000.00. A copy of
the Certificate of Insurance naming the City as additional insured shall
be supplied to the City. The certificate shall provide that no
cancellation shall be effective without a 30 day notice to the City.
(a.) Language on the insurance certificate shall read specifically:
“The City of Muskegon, all elected and appointed officials, all
employees and volunteers, all boards, commissions and/or authorities
and board members, including employees and volunteers thereof; it is
understood and agreed that by naming the City of Muskegon as
additional insured, coverage afforded is considered to be primary and
any other insurance the City of Muskegon may have in effect shall be
considered secondary and/or excess”.
2. The Concession activity shall be limited to the following activity:
____Lessons on Wing Foil and Efoil equipment _________________
________________________________________________________
________________________________________________________
Also, the vendor is not allowed to conduct business within any special
event “footprint” or within 50’ of the Harris Group “footprint”
(specifically the “Deck” restaurant) property and or within 50’ of any
other vendor as and/or stated in section #6 and #6(a) “Conditions”
sections below unless allowed by the City.
Additionally, if/when (depending on specific contract language) a
vendor/concessionaire is operating at various park facilities then those
specific locations/areas/facilities will need to be decided upon by and
located at the direction of the City of Muskegon.
3. Hold Harmless: Concessionaire shall indemnify, defend and save the
City harmless from and against any and all claims, actions, damages,
liability, attorney fees, and expense in connection with the loss of life,
bodily injury and/or damage to property arising from any occurrence in
or about the premises occupied or utilized by Concessionaire or any
part thereof or resulting in whole or part from any
intentional/unintentional or negligent act or omission of the
Concessionaire, it’s employees, invitees, licenses or contractors.
4. Obligations: The City shall provide the following services for the
Concessionaire: None at this time.
5. Fee to City: One (1) month following the close of the concession, or
by October 31st, in any or all calendar year(s) of said contract and or
as described in (a) below, Concessionaire will render an accounting of
its activities to the City and at that time pay all fees/commissions/debts
owed to the City of Muskegon.
(a). Concessionaire shall pay the City $1,000/Year + 10% of gross
receipts or $2,500/Year, whichever is expected to be more and/or “in
kind services” or a donation to a fund for Pere Marquette Park
improvements, as determined by the City.
6. Conditions: Concessionaire shall in no way obligate or change City
properties, or charge City without its consent in writing, nor shall
Concessionaire assign its rights or obligations hereunder without the
written consent of the City. The Concessionaire understands that the
City does not provide exclusivity with concession contracts, and that
other same or similar concessions could be within the above named
facility.
(a.)The location of the Vendor/Concession/Business may also need to
change its location or activities for special events within the property
and shall not operate within or during any special event and/or within
the designated “footprint” of said special event or on said “City”
property during a special event without the consent of the “City” and/or
event organization. Also, the Vendor/Concessionaire/Business shall
limit its location/activities to within 50 feet of any other
Concession/Vendor and/or any other set limits as set forth by the
“City”. Furthermore, any current or existing Maintenance/Lease
Agreements within City Parks/Facilities and/or “Footprint” have the
option to negotiate to allow additional Vending/Concessions within its’
individual Park/Facility/Footprint or specified area(s), as outlined in
their individual contracts/agreements or “letter of understanding” with
the “City”. The City shall have the final decision to allow such
agreements to be put in place.
(b.)The Concessionaire shall follow any and all CDC guidelines and
Social Distancing rules and regulations as set for by the State of
Michigan, County of Muskegon government agencies, City of
Muskegon authorities or any such rules or requirements that may
apply to operating as a Vendor/Concession/Business in the City of
Muskegon Parks facilities.
(c.)Both the Concessionaire and the City shall comply with all the laws
of the United States and the State of Michigan, all ordinances of the
City of Muskegon, and all rules and regulations of the Police and Fire
Departments, or other municipal authorities within the County of
Muskegon, and will obtain and pay all necessary permits and licenses
applicable to each, and will not suffer to be done anything during the
term of this agreement in violation of any such laws, ordinances, rules
or requirements.
(d.) The Concessionaire shall also comply with any paid parking rules
and regulations as set forth by the City of Muskegon and pay all fees
and fines associated with such during their duration of said contract.
7. Terms: This agreement shall be and remain in force from
__May 1, 2024 until and including _April 30, 2029,
except that either party may cancel same by giving to the other thirty
(30) days’ notice in writing.
IN WITNESS WHEREOF, the parties, by their duly authorized officers have
executed this agreement.
DEPARTMENT OF PUBLIC WORKS WITNESSES:
By: ______________________________ _______________________
CONCESSIONAIRE
By: ______________________________ _______________________
PARK CONCESSION POLICY
EFFECTIVE: July 26th, 2022
PURPOSE
To formalize the process and procedures related to concession operations within the City of Muskegon
Park System.
GOALS
The City of Muskegon maintains this policy with the goals of:
• Providing a variety of services to park visitors that could not be provided by other means
• Meet the needs and wants of park users
• Activate and engage our park spaces
• Offer opportunities for small business to start and grow
COVERED AREAS & APPLICABILITY
This policy applies to any concession proposing to operate in the traditionally recognized city park system,
with the following exceptions:
• Hackley Park is excluded from this agreement and no concessions outside of approved special
events are permitted to operate within Hackley Park.
• This policy does not apply to Western Market, Muskegon Farmers Market, Trinity Health Arena,
or any other areas which may contain similar operations but are not a part of the traditionally
recognized city park system.
• This policy also does not apply to “The Deck” restaurant which operates within Pere Marquette
Park, to “Fisherman’s Landing” campground and boat launch, nor to the “Clippers” baseball
facility that operates within Marsh Field, as all are under specific lease agreements and terms.
• Concessions operating as a part of an approved special event or an approved sports league are
exempt from this policy.
This policy does apply to the few brick and mortar concession spaces located within the City Parks;
currently the list of brick and mortar spaces is as follows, with future changes possible:
• The designated concession space within the Pere Marquette Park Bathhouse
• The Pere Marquette Park secondary building located south of the bathhouse
• The Pere Marquette Park Chalet at the north end of the park
2
APPLICATION & AGREEMENT PROCESS
Applications will be accepted year-round on the attached form.
There is no fee associated with applying to be a concessionaire within the City Parks. If the application is
approved, fees will be charged for the right to operate within the city park system as outlined below.
Staff will review applications in accordance with this policy. Applications approved by staff will be
presented to the Commission for consideration before adoption of the agreement.
Once an application is approved by the City Commission, city and the concessionaire will enter into a
formal agreement. General agreement terms attached to each agreement will be specifically crafted to
match the agreed upon activities, fees, and services as allowable in this policy.
Agreements shall be renewed annually, except that agreements within a designated brick and mortar
space may be proposed for an extended duration, with the maximum length not to exceed 5 years.
Returning operations for brick and mortar facilities in good standing shall be offered first right of refusal
to renew their agreement for up to one renewal term of the same duration as the original term. When
brick and mortar spaces become available or at the end of a renewal term the brick and mortar spaces
will be offered as available through a request for proposal process.
FEES & WAIVERS
Concessionaire shall be obligated to pay the fees outlined in the agreement.
The standard fee to operate a concession shall be set at $1,000/Year + 5% of gross receipts for any
operation conducted within Kruse Park, Pere Marquette Park, Margaret Drake Elliot Park or Harbor Towne
Beach, and $250/Year + 5% of gross receipts for any concession operating in any other park.
Concession agreements proposed for a brick and mortar location as described above shall be set at
$1,000/Year + 10% of gross receipts or $2,500/Year, whichever is expected to be more.
Revenue generated from concession operations shall be deposited in the City General Fund for support
of park and recreation operations in the City.
Fees for concessions may be waived by staff upon receipt of a “Concession Fee Waiver Application” at the
same time as a concession application. Fee waivers will be evaluated according to the point system
described on that form.
3
Return completed application to the following:
City of Muskegon Public Works Department
1350 East Keating Avenue
Muskegon, MI 49442
► I. CONCESSIONAIRE
BUSINESS /
NON-PROFIT
CONTACT
ADDRESS
PHONE
EMAIL
► II. OPERATIONAL DESCRIPTION
ACTIVITIES
CONDUCTED
(ATTACH
PICTURES IF
NEEDED)
EQUIPMENT
USED
(ATTACH
PICTURES IF
NEEDED)
REQUESTED
LOCATION(S)
4
► IV. LIABILITY WAIVER
APPLICANT(S) voluntarily agree, understand and recognize that participants will have no right to make a
claim or file a lawsuit against the City.
► V. REQUIREMENTS OF CONCESSIONAIRES
1. Applicant shall comply with all City of Muskegon Policies.
2. Applicant shall comply with all City of Muskegon Ordinances.
3. Applicant shall save the City of Muskegon harmless from all claims.
4. The appointed fees must be paid in full to the City prior to commencement of operations.
5. All required licenses and an insurance certificate listing the City as an additional insured party
must be submitted before the agreement is signed and before commencing operations.
6. Applications denied by staff may be appealed to the City Commission for consideration.
With my signature, I certify that I have read and agree to the City of Muskegon Park Concession
Policy and all items listed on this application.
I agree to abide by all applicable ordinances & regulations.
____________________________________________________________________________________
Signature of Applicant Date
CITY STAFF USE ONLY: APPROVED / DENIED
NAME/TITLE:_________________________________________________________
DATE:_____________ FEE:_________________
NOTES:______________________________________________________________
5
Agenda Item Review Form
Muskegon City Commission 7.l
Commission Meeting Date: 11/14/23 Title: Request to rezone 162 E Apple, 170 E
Apple, 974 Spring, 971 Jay, and
151/157/171/181 Allen – Second Reading
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to rezone 162 E Apple Ave, 170 E Apple Ave, and 974 Spring St from B-
2, Convenience & Comparison Business to FBC, Neighborhood Core and to rezone
151/157/171/181 Allen Ave and 971 Jay St from R-3, High Density Single Family Residential to
FBC, Neighborhood Core, by General Capital Acquisitions, LLC.
Detailed Summary & Background: The properties are being rezoned to allow for affordable
apartments. The Planning Commission recommended approval of the request by a 7-0 vote.
Goal/Focus Area/Action Item Addressed: Economic development, housing and business/diverse
housing types/increase variety of housing types.
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: To approve the request to rezone 162 E Apple, 170 E Apple, 974 Spring,
971 Jay, and 151/157/171/181 Allen to Form Based Code, Neighborhood Core.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
PLANNING COMMISSION PACKET EXCERPT
October 12, 2023
Hearing, Case 2023-25: Request to rezone 162 E Apple Ave, 170 E Apple Ave, and 974 Spring St from
B-2, Convenience & Comparison Business to FBC, Neighborhood Core and to rezone 151/157/171/181
Allen Ave and 971 Jay St from R-3, High Density Single Family Residential to FBC, Neighborhood Core,
by General Capital Acquisitions, LLC.
SUMMARY
1. The properties are zoned R-3, High-Density Single-Family Residential and B-2, Convenience &
Comparison Business. They compromise about 1.7 acres of land.
2. The only property that still contains a structure is 162 E Apple Ave, which contains a vacant
commercial building. The house at 964 Spring St, at the corner of Spring/Allen, is not included in
the project.
3. The applicant is seeking a rezoning in an effort to construct affordable residential apartments. The
development plans will include a 53-unit senior housing development.
4. The properties just to the north of this project, across Allen Ave, were recently rezoned to FBC,
NC as well in anticipation of a similar housing development, but are not yet depicted as so on the
zoning map.
5. Notice was sent to all properties within 300 feet of this address. At the time of this writing, staff
had not received any comments from the public.
Development Area
Zoning Map
Aerial Map
Allowed Building Types in FBC, NC (Detached and Duplexes not Allowed)
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for 162 E Apple, 170 E
Apple, 974 Spring, 971 Jay, and 151/157/171/181 Allen to Form Based Code, Neighborhood Core.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for 162 E Apple, 170 E Apple,
974 Spring, 971 Jay, and 151/157/171/181 Allen to Form Based Code, Neighborhood Core.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
CERTIFICATE
(Rezoning of 162 E Apple, 170 E Apple, 974 Spring, 971 Jay, and 151/157/171/181 Allen to Form Based Code,
Neighborhood Core)
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 November, at which
meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.
DATED: ___________________, 2023 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 14, 2023, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for 162 E Apple, 170 E Apple, 974
Spring, 971 Jay, and 151/157/171/181 Allen to Form Based Code, Neighborhood Core.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2023
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Agenda Item Review Form
Muskegon City Commission 7.m
Commission Meeting Date: 11/14/23 Title: Request to rezone 550 W Grand Ave –
Second Reading
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to rezone the property at 550 W Grand Ave from FBC, Urban Residential
to FBC, Neighborhood Core, by General Capital Acquisitions, LLC.
Detailed Summary & Background: The properties are being rezoned to allow for affordable
apartments. The Planning Commission recommended approval of the request by a 7-0 vote.
Goal/Focus Area/Action Item Addressed: Economic development, housing and business/diverse
housing types/increase variety of housing types.
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: To approve the request to rezone the property at 550 W Grand Ave to
Form Based Code, Neighborhood Core.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
PLANNING COMMISSION PACKET EXCERPT
October 12, 2023
Hearing, Case 2023-26: Request to rezone the property at 550 W Grand Ave from FBC, Urban Residential
to FBC, Neighborhood Core, by General Capital Acquisitions, LLC.
SUMMARY
1. The property is the site of the former Nelson School. Its zoned Form Based Code, Urban
Residential. The parcel measures 9.5 acres and the building measures 77,975 sf.
2. The applicant is seeking a rezoning in an effort to construct affordable residential apartments. The
development plans will include a 52-unit workforce housing development.
3. The Form Based Code, Neighborhood Core designation allows a variety of housing options,
ranging from rowhouses to large multiplexes, with a maximum height of five stories.
4. Notice was sent to all properties within 300 feet of this address. At the time of this writing, staff
had not received any comments from the public.
550 W Grand Ave
Zoning Map
Aerial Map
Allowed Building Types in FBC, NC (Detached and Duplexes not Allowed)
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for 550 W Grand Ave to
Form Based Code, Neighborhood Core.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for 550 W Grand Ave to
Form Based Code, Neighborhood Core.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
CERTIFICATE
(Rezoning of 550 W Grand Ave to Form Based Code, Neighborhood Core)
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 November, at which
meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.
DATED: ___________________, 2023 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 14, 2023, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for 550 W Grand Ave to Form Based
Code, Neighborhood Core.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2023
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Agenda Item Review Form
7.n
Muskegon City Commission
Commission Meeting Date: November 14, Title: City Hall Operations Space Needs
2023 Analysis Contract
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: Staff is requesting authorization to enter into a contract with Integrated
Architecture in the amount of $29,260 to complete a space needs analysis for City Hall operations
that considers a potential move to the former Hackley Administration Building.
Detailed Summary & Background: The City issued an RFP on October 5, 2023 to conduct a space
needs analysis for City Hall operations. The analysis will compare the available space in both the
current City Hall building at 933 Terrace Street and the former Hackley Administration Building at
349 W. Webster Avenue to evaluate a potential move of City Hall staff and services to the former
Hackley Administration Building.
Three (3) proposals were received and staff is recommending award of the services to Integrated
Architecture, based on their experience with similar projects, and proposed timeframe for
completion of the analysis. The bids received were as follows:
- Integrated Architecture – $29,260
- DLZ Michigan, Inc. – $39,000
- Short Elliott Hendrickson (SEH) – $40,770
Goal/Focus Area/Action Item Addressed: Investigate options to improve environmental
sustainability for projects within the city (Goal 4 Focus Area). Progress toward completion of
ongoing economic development projects (Goal 2 Focus Area).
Amount Requested: $29,260 Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Contracted Services Budget Amendment Needed:
(701-801-80200)
Yes No N/A
Recommended Motion: I move to authorize staff to enter into a contract with Integrated
Architecture in the amount of $29,260 to complete a space needs analysis for City Hall operations
that considers a potential move to the former Hackley Administration Building.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
Agenda Item Review Form 7.o
Muskegon City Commission
Commission Meeting Date: November 14, Title: Contract – City Hall 2nd Floor Office
2023 Remodel
Submitted By: Jamie Pesch Department: Development Services and
Public Safety
Brief Summary: Staff is requesting authorization to accept Tridonn Construction Company’s bid in
the amount of $247,234.00 to build out the vacant office space on the second floor of City Hall to
serve the Development Services and Public Safety Departments.
Detailed Summary & Background: The first phase of the office remodel was completed in 2020 for
the Development Services Department; with the addition of public engagement staff and new
employees in Development Services, more space is needed. Additionally, the Detectives in the
Public Safety Department plan to relocate to a portion of the vacant space.
$200,000 was budgeted in the Public Improvement Fund for the work. The City issued an RFP for
the work on July 27, 2023 and three (3) proposals were received:
- Tridonn Construction – $247,234
- Clifford Buck Construction – $266,226
- Erhardt Construction – $389,900
Staff is recommending award of the services to Tridonn Construction Company, which submitted
the low bid for the work.
Goal/Focus Area/Action Item Addressed: Blight cleanup (Goal 1 Focus Area). Investigate options
to improve environmental sustainability for projects within the city (Goal 4 Focus Area).
Amount Requested: $247,234.00 Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Contracted Services Budget Amendment Needed:
(701-801-80200) Yes No N/A
Recommended Motion: I move to authorize staff to accept Tridonn Construction Company’s bid in
the amount of $247,234.00 to build out the vacant office space on the second floor of City Hall to
serve the Development Services and Public Safety Departments.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
7.p
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 11/14/23 Title: DDA and District Library Member
Appointments
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: Consider appointment of:
Andrew Boyd to the DDA/BRA/TIFA Board for a partial term expiring 01/31/2025
Thomas DeVoogd to the District Library Board for a term expiring 06/31/2027.
Detailed Summary & Background: DDA/BRA/TIFA liaison requested consideration of Andrew
Boyd, business owner in the district, to a term vacated by the resignation of Michael Johnson, Sr.
Hackley Public Library Board of Trustees President recommended Thomas DeVoogd, citizen, to
the District Library Board for a term vacated at the expiration of Clayton Hardiman’s regular term in
June 2023.
Goal/Focus Area/Action Item Addressed: Maintain full board membership.
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion: Support the recommendation of city staff, Library Trustee and Community
Relations Committee to appoint both applicants.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
10.a
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 11/14/2023 Title: Conflict of Interest Disclosure
Submitted By: Sharonda Carson Department: CNS
Brief Summary:
Seeking approval to waive conflict pursuant to City Charter and State Law. City staff will be
seeking to submit a request to the Department of Housing and Urban Development for an
Exception for a Conflict of Interest for the City of Muskegon Community and Neighborhood
Services (CNS) Department Priority Home Repair Program.
Detailed Summary & Background:
Under State law, a contract between a public entity and a public servant is permissible in this
particular case when:
1) The public servant discloses in writing to the Mayor, seven days prior to City Commission
action, their interest in the issue and the value of benefits to be provided by the City;
2) The official body discloses a summary of the transaction in its official minutes.
Where a “conflict of interest” does exist pursuant to the City Charter, the City may still enter into
the contract if all the following occurs:
1) The City Commission declares that it is in the best interest of the City to enter into the
contract.
The City Attorney and employee letter is attached.
Goal/Focus Area/Action Item Addressed:
Refer to the 2022-2027 Long Term Goals document.
Amount Requested: $1944.75 not to exceed Budgeted Item:
$3,000.00 Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
472-718-801 Yes No N/A
Recommended Motion: To waive the conflict of interest pursuant to City Charter and State Law
and request the Department of Housing and Urban Development for an exception approve the
request of Conflict of Interest Exception for the City of Muskegon Community and Neighborhood
Services Department Priority Home Repair Program.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
10.b
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10-24-23 Title: Fire Engine Replacement Purchase
Submitted By: Timothy Kozal, Director of Department: Fire
Public Safety
Brief Summary:
The Fire Department seeking approval to purchase a firefighting pumper apparatus to replace a
2010 fire apparatus.
Detailed Summary & Background:
The Fire Department is seeking approval to purchase 2023 Spartan Star Series pumper from CSI
Emergency Apparatus LLC of Graying Michigan for $972,276.00. This pumper will replace Engine
25, a 2010 Spartan Metro Star with 137,043 miles. The mandatory replacement for frontline fire
apparatus is 15 years. The expected delivery date of this purchase is approximately 600 days or
June of 2025.
We did receive a bid for a Pierce Enforcer from Halt Fire of Wixom Michigan for $1,167,753.00.
Sutphen Fire Apparatus of Dublin Ohio stated they would not be taking orders until January of
2024.
A mandatory diesel emissions standard will go in effect in 2024. Manufactures are warning of a
$150,000 price increase to meet the new emissions standards.
Goal/Focus Area/Action Item Addressed: Goal 4, Action Item 2022-4.1 Identify specific major
capital projects across all departments.
Amount Requested: Budgeted Item:
$972,276.00 Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
101-336-977 Yes No N/A
Recommended Motion:
To approve staff to enter into a purchase agreement with CSI Emergency Fire Apparatus for a
2023 Spartan Star pumper.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
No
Other Division Heads
Communication
Legal Review
CSI Emergency Apparatus CSI Emergency Apparatus
2332 Dupont Street 1650 Callaghan
Grayling, MI 49738 Greenville, MI 48838
Phone: 989-348-2877 Phone: 616-225-9200
Fax: 989-348-8233 Fax: 616-225-1271
Muskegon Fire Department, Michigan
– Sales Contract
770 Terrace St, Muskegon, MI 49440
THIS CONTRACT (“Contract”) is made by and between CSI Emergency Apparatus, LLC (“CSI”) representing Spartan
Emergency Response and the Muskegon Fire Department, Muskegon, Michigan (“Customer”). This Contract will not
become binding upon CSI until it is executed by an officer of CSI, and accepted by the Spartan Emergency Response and
the effective date of the Contract (“Effective Date”) will be the date that the CSI officer executes the Contract from the
Spartan Emergency Response. The parties hereby agree as follows:
I. Subject to the terms of this Contract, CSI shall represent Spartan ER to furnish, and the Customer shall purchase,
the apparatus and equipment (“Apparatus and Equipment”) described and in accordance, in all material respects
with the specifications (“Original Customer Specifications”) submitted with the Spartan bid proposal (the “Bid
Proposal”). In the event there is any conflict between original customer specification and the bid proposal, the bid
proposal will prevail.
II. This Contract for Apparatus and Equipment conforms to all Federal Department of Transportation (DOT) and
Environmental Protection Agency (EPA) rules and regulations and to all National Fire Protection Association
(NFPA) Guidelines for Automotive Fire Apparatus in effect as of the Effective Date, unless noted otherwise in
the Bid Proposal.
III. Spartan shall have the apparatus ready for final inspection and delivery to CSI from Spartan’s Brandon South
Dakota facility, within 600 days, excluding any additional dealer make ready days described below. This delivery
timeframe is subject to modification if there are customer driven delays to holding any construction meeting
and/or if there are customer driven delays to returning the corresponding signed CO’s to the factory. All change
orders must be approved by the date designated on the Spartan provided change order or the added days of
production noted on the change order will be added to the above-mentioned delivery timeframe. Any further
delays after the pre-construction has been completed in providing additional desired specifications, change
approvals, inspection timelines, or other required information for the Apparatus and Equipment may result in an
extension of the above referenced delivery timeline by the amount of time Spartan requires, in its sole but
reasonable discretion, to furnish the Apparatus and Equipment following Customer’s delay, but in any event by at
least the duration of Customer’s delay.
IV. In exchange for the Apparatus and Equipment, Customer agrees to pay the sum of Nine Hundred Seventy Two
Thousand Two Hundred Seventy Six Dollars $972,276.00 (Purchase Price”). Pending Spartan Engineering
approval on the requested panel changes. Contract amount will not change without written customer approval.
The final balance payment of $972,276.00 is due upon delivery to Customer. Project changes orders as approved
by the purchasing authority will be applied to the final invoice. Interest at 18 percent per annum, payable monthly,
shall be charged on all past due payments.
The Apparatus shall NOT be placed in service prior to payment in full, NO EXCEPTIONS.
V. Any applicable taxes not specified or noted above will be paid by Customer directly. If Customer claims
exemption from any tax, Customer’s applicable exemption certificate shall be provided with this contract or your
Tax ID number provided below to hold CSI harmless from any such tax, interest or penalty which may at any
time be assessed against CSI.
Proudly representing Spartan ER
VI. Acceptance of Apparatus and Equipment shall occur after completion of a final inspection by a representative of
Customer at a factory location of Spartan, completion of any discrepancy list, and shipment of Apparatus and
Equipment from Spartan’s factory location. Upon completion of the final inspection and related discrepancy list,
the Apparatus and Equipment shall be conclusively determined to be in full compliance with the terms of this
Contract, less CSI dealer up-fit item and loose equipment outlined as such in the Bid Proposal. CSI will not
surrender the title to or the statement of origin for any Apparatus or Equipment or provide Customer with any
other documentation regarding ownership of any Apparatus or Equipment until CSI has received full payment of
the Purchase Price (and taxes if applicable).
VII. Customer shall indemnify CSI against, and hold CSI, its agents, employees, officers and directors harmless from,
any and all claims, action, suits and proceedings, costs, expenses, damages and liabilities, whether based in
negligence, tort, strict liability or otherwise, including attorney's fees and costs, arising out of, connected with, or
resulting from this Contract or the Apparatus or Equipment, except to the extent such claims, action, suits and
proceedings, costs, expenses, damages or liabilities arise from CSI’s breach of its obligations under this Contract.
Nothing herein shall be construed to waive, limit, or restrict any governmental immunity available to Muskegon
Fire Department.
VIII. CSI or Spartan shall not be liable if performance failure arises out of causes beyond its reasonable control, which
causes shall include without limitation acts of God, war, fires, floods, freight embargoes, order of any court,
strike, lockout, failure or delays by suppliers or contractors, or legislative or governmental, or other, prohibitions
or restrictions.
IX. Any order or contract resulting from this proposal shall be cancelable only under terms that will indemnify CSI
from loss.
X. The Apparatus and Equipment shall remain the property of CSI until the entire Purchase Price for each item of
Apparatus and Equipment has been paid. In case of a default in payment, CSI may take full possession of the
Apparatus and Equipment, or of the item or items upon which default has been made, and any payments that have
been made shall be applied as payment for the use of the Apparatus and Equipment up to the date CSI takes
possession.
XI. This Contract will only be binding after it is signed and approved by the customer and an officer of CSI. This
Contract (which includes the other documents referenced in this Contract) embody the entire agreement and
understanding between the parties with respect to the subject matter of this Contract and supersede all prior oral
or written agreements and understandings relating to the subject matter of this Contract. No statement,
representation, warranty, covenant, or agreement of any kind not expressly set forth in this Contract shall affect,
or be used to interpret, change or restrict, the express terms and provisions of this Contract. This Contract cannot
be altered or modified except by mutual written agreement signed by the parties. The Customer representative
signing this Contract on Customer’s behalf represents and warrants that he or she has the authority to sign this
Contract and that all necessary action has been taken by Customer to authorize Customer’s execution of and
performance under this Contract.
XII. In the event that any court of competent jurisdiction shall determine that any provision, or any portion thereof,
contained in this Contract shall be unenforceable in any respect, then the provision shall be deemed limited to the
extent that the court deems it enforceable, and as so limited shall remain in full force and effect. In the event that
the court shall deem any provision, or portion thereof, wholly unenforceable, the remaining provisions of this
Contract shall nevertheless remain in full force and effect.
2 of 3
Key proposal documents referenced for above contract are:
• One (1) Spartan ER Fire Apparatus as outlined in our bid proposal package as follows:
a) Bid Proposal Specifications Dated: 08-21-2023
b) Proposed Specification adjustment Dated: 09-20-2023
c) Proposal Letter Dated: 10-12-2023
This contract is agreed to by the parties as of the Effective Date.
CSI Emergency Apparatus Purchasing Authority:
Muskegon Fire Department
By: __________________________________________ By: __________________________________________
CSI Emergency Apparatus Officer Signature Authorized Signer
_____________________________________________ _________________________________
Print Name Print Name
Title:___________________________________________ Title:____________________________________
_____________________________________________ By: __________________________________________
Date Authorized Signer
_________________________________
Print Name
Title:_________________________________
__________________________________ _______________________________
Authorities Tax ID Number Date
________________________________
Authorities name as it is to appear on the vehicle title
________________________________
Authorities address as it is to appear on the vehicle title
__________________ ____ _______
City State Zip
Authorities City, State, Zip as it is to appear on the title
3 of 3
CSI Emergency Apparatus, LLC Phone: 989-348-2877
2332 Dupont Street Fax: 989-348-8233
Grayling, M I 49738
www.csiea.com
City of Muskegon Fire Department
Apparatus Proposal Pre-Payment Discount Offering
CSI Emergency Apparatus has provided the following pre-payment optoins for your consideration. In order for the
prepayment amounts below to be valade, the prepayment amount needs to be decided at the time of purchase.
Prepayment Balance Due on
Payment Discount Type Discount
Amount Delivery
100% Prepayment at time of contract $ 923,286.00 $ 48,990.00 $ -
80% Prepayment at time of contract $ 777,820.80 $ 38,920.00 $ 155,535.20
50% Prepayment at time of contract $ 486,138.00 $ 23,765.00 $ 462,373.00
The above Balace Due on Delivery values do not include any change orders or addtions that may be applied to the
project during production. All change orders or addtions to the project will be provided to the purchaseing authority
in writing for approve before they are completed.
If you choose to pay this unit COD, there is an additional discount of $4,875.00 is avaliable by omitting the included
performance bond.
Proudly Representing:
CSI Emergency Apparatus, LLC
2332 Dupont Street
Grayling, MI 94738
Phone: 989-348-2877
October 12, 2023
City of Muskegon Fire Department
770 Terrace St
Muskegon, MI 49440
Ladies and Gentlemen:
CSI Emergency Apparatus is pleased to offer you, upon an order being placed by you, the below proposed
Spartan Emergency Response Fire Apparatus. The apparatus and equipment as presented in our proposal
includes no State, Federal, or local taxes.
The bid price per our proposal including a performance bond is as follows:
One (1) Spartan Star Series Pumper $ 972,276.00
The Apparatus and Equipment shall be ready for final inspection at the Spartan Emergency Response
factory located in Brandon South Dakota,within 600 days after the effective date. Any delays by the
customer in providing additional desired specifications, change approvals, required inspection schedules, or
other required information for the Apparatus and Equipment may result in an extension of the above
referenced delivery days by the amount of time Spartan Emergency Response requires, in its sole but
reasonable discretion, to provide the Apparatus and Equipment following the customers request and or
delay.
Delays in delivery by strikes, war or international conflict, failures to obtain chassis, materials, or any other
causes beyond our control shall not be held against CSI Emergency Apparatus as your authorized Spartan
dealer.
Payment Structure for apparatus as proposed:
* We have bid the apparatus with COD terms, payment do at the time of
delivery. See following page for pre-payment discount options.
The bid price is good until October 13, 2023. Extensions may be granted upon request.
Sincerely,
Matthew Holzhei
General Manager
CSI Emergency Apparatus
Agenda Item Review Form
Muskegon City Commission 10.c
Commission Meeting Date: November 14, Title: Final Planned Unit Development
2023 Approval – 2400/2850 Lakeshore Dr
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request for final Planned Unit Development approval at 2400 and 2850 Lakeshore
Dr for a mixed-use development including residential and commercial, by Parkland Acquisition Six,
LLC.
Detailed Summary & Background: The Planning Commission recommended approval of the PUD,
with conditions, by a 6-0 vote at their November 6 meeting.
Goal/Focus Area/Action Item Addressed: Goal 1: Destination community & quality of life /
Improved access to the waterfront. Goal 2: Economic development, housing, and business /
diverse housing types / Neighborhood commercial center development.
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: To approve the request for final Planned Unit Development approval at
2400-2850 Lakeshore Dr, contingent upon the acquisition of the property by Parkland Acquisition
Six, LLC based on the PUD review standards listed in Article 21, number 1, part C - 1 through 7 of
the zoning ordinance, with the following conditions:
1. A traffic study be conducted, reviewed, and published by the Public Works Director.
2. A stormwater permit is granted from the Engineering Department.
3. A utility plan is approved by the Public Works Director.
4. All applicable permits from various State Departments are obtained.
5. A revised plan showing fire access to the marina slips is approved by the Fire Marshall.
6. A landscape management plan will be submitted and approved by DPW Director inclusive of
the natural vegetation zone.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
Staff Report
November 6, 2023
Hearing, Case 2023-30: Request for preliminary and final Planned Unit Development approval at 2400-
2850 Lakeshore Dr, by Parkland Acquisition Six, LLC.
SUMMARY
1. The properties are zoned I-2, General Industrial and OSR, Open Space Recreation. The applicant
is proposing a mixed-use development under the Planned Unit Development section of the zoning
ordinance. The I-2 section of the ordinance states “Planned developments may be allowed by the
Planning Commission under the procedural guidelines of Section 2101. The intent of Planned Unit
Developments in the I-2 General Industrial District is to allow mixed land uses, which are
compatible to each other.” The Planning Commission must vote on approval or denial of the
preliminary PUD and also vote on a recommendation of the final PUD to the City Commission.
2. The site is currently under environmental review and cleanup.
3. The development could include up to 2,314 units (18.8 D.U/AC). This would include single-family
houses, townhouses, small condo buildings (10-12 units each), large apartment/condo buildings
(48 units each) and mixed-use apartments (55 units total). Some of the proposed single-family lots
to the east of the proposed restaurant could be combined to create larger buildable lots. Please see
the enclosed documents depicting the design guidelines that each housing type will have to follow.
4. The development proposes 42,780 sf of retail/office space. Buildings A1-A4 and MU1-MU-4
would allow for permitted uses allowed in the B-2 district of the zoning ordinance.
5. The development would be accessed by three public streets that enter the development off of
Lakeshore Dr. Sidewalks have been proposed near every cross street located off of the south side
of Lakeshore Dr.
6. The proposed marina includes 251 private boat slips and 1400 linear feet of transient spaces.
7. Residential lots abutting the water could potentially apply for permits from EGLE for individual
boat docks that would need their own separate permits.
8. Please see the site regulation standards listed on the site plan. The tallest buildings on the site
would be the multi-family buildings along Lakeshore Dr at six stories.
9. Street trees will be provided every 34-45 feet.
10. The bike path along Lakeshore Dr has been moved off-street.
11. Wayfinding signage will be placed throughout the development to direct pedestrians to publicly-
accessible amenities.
12. Sidewalks, bike paths, and walking paths are depicted in red on the site plan.
13. The proposed restaurant/music venue will have quiet hours from 11 p.m. to 10 a.m.
14. The proposed streets are public and there will be not fences/gates within the development except
piers 1-4, dog park, sports courts, playgrounds, pools, dumpsters and above ground utility
screening.
15. All public amenities will be owned and maintained by the development association in perpetuity.
Public amenities include:
Fishing and kayak launch (#17 on site plan)
Break wall/fishing/shopper docks (#27)
Restaurant with public restrooms (#13)
Nature boardwalk (#15)
Public parklet with fishing dock (#16)
Public fishing and kayak launch (#17)
Multi-modal trail connector (#18)
Dog park and pollinator garden (#22)
Playground (#23)
Woodland preservation area and on-leash dog park (#24)
16. Please see the enclosed Phasing Plan.
17. A proposed traffic circle has been added after receiving public feedback but will need to be further
studied for applicability. The developer does own the two properties on the south side of Lakeshore
Dr needed to accommodate a traffic circle.
STANDARDS FOR APPROVAL OF PLANS
The Planning Commission shall approve, deny or modify preliminary PUD plans, based upon the
following standards. Likewise, the City Commission shall approve, deny, or modify final PUD plans
(after review and recommendation by the Planning Commission) based upon the following standards.
Staff will comment on each of these standards in green and individual Planning Commission members
will be asked to vote whether they agree if these criteria have been met or not.
1) The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or
convenience of any combination thereof, on present and potential surrounding land uses. The uses
proposed will not adversely affect the public utility and circulation systems, surrounding properties, or
the environment.
Agree. The plan offers mixed-uses that are harmonious to the surrounding uses in the
neighborhood. The addition of parks and public amenities will provide the public with useful
recreational opportunities. The addition of housing units is severely needed as shown by the
Housing Needs Assessment.
2) The uses proposed should be consistent with the land use plans adopted by the City.
The future land use map in the Master Plan depicts this property as “Lakeshore.” Lakeshore is
defined as “Mixed-use development and recreational, water-related activities located along the
Muskegon Lake shoreline. The large lot sizes, uniquely shaped parcels, and wide range of
permitted uses, Planned Unit Developments (PUD) are common in this land use category.”
3) The amount of open space provided, which the Planning Commission or City Commission may
modify even though such modifications do not conform to that required in other sections of this
ordinance.
Staff believes the applicant has provided enough open space for this type of development. There
are almost 276,000 sf of public amenity areas, including over 970 linear feet of waterfront access
and 1,973 linear feet of public boardwalk.
4) The amount of off-street parking areas, which the Planning Commission or City Commission may
modify even though such modifications do not conform to that required in other sections of this
ordinance.
The single-family houses will all be able to provide at least two parking spaces, which is required
by the zoning ordinance. The mixed-use and apartment/condo buildings all provide adequate
parking of at least a 1:1 ratio, which is traditionally required by these types of developments.
Additional parking spaces can be found throughout the development on the street and around the
boat storage building.
5) The amount of landscaping and buffering areas, which the Planning Commission or City Commission
may modify even though such modifications do not conform to that required in other sections of this
ordinance.
Each building type will have to follow the same landscaping requirements as required by the
zoning ordinance. See Section 2333 (Landscaping, Fencing, Walls, Screens & Lighting) of the
zoning ordinance for requirements.
6) The protection or enhancement of significant natural, historical, or architectural features within the
proposed development area.
The proposed plan accounts for over three acres of protected woodlands identified as P10 & P11
on the plan. Natural enhancements include walking paths, a nature boardwalk, fishing docks and
kayak launches.
7) The uses proposed will result in safe, convenient, uncongested and well defined vehicular and
pedestrian circulation systems.
Yes. Any approvals should be contingent upon a traffic study approved by the Public Works
Director.
Zoning Map
Aerial Map
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.________
An ordinance to approve the final planned unit development at 2400/2850 Lakeshore Dr.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for 2400/2850 Lakeshore Dr
to Planned Unit Development, contingent upon the acquisition of the property by Parkland Acquisition Six,
LLC.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
CERTIFICATE
(Rezoning of 2400/2850 Lakeshore Dr to Planned Unit Development)
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 November, at which
meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.
DATED: ___________________, 2023 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 14, 2023, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for 2400/2850 Lakeshore Dr to
Planned Unit Development.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2023
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Windward Pointe
Stormwater Management Design Strategy
Criteria
Stormwater management for proposed Windward Pointe will meet the rigorous criteria
established by the Muskegon County Water Resources Commissioner and the City of
Muskegon.
• The City of Muskegon and their stormwater consultant team will review the
design calculations and construction documents prior to construction of site
infrastructure.
• A stormwater permit will be obtained from the City of Muskegon prior to the start
of infrastructure construction.
Historical Site
Throughout Muskegon’s history, stormwater runoff has been considered a “nuisance”
that had to be disposed of quickly and without regarding to its real value. This is
evidenced on the Windward Pointe property, which was the site of an industrial-era
paper mill for many decades. The site was largely impervious, and stormwater runoff
was allowed to simply flow away from the site with zero or very little clean-up or
treatment techniques.
SD Warren / Sappi Paper Mill
Windward Pointe Goals
Recently it has been recognized that effective stormwater
management means that we need to treat rainfall as a
resource that should be protected, helping to ensure that
future generations can enjoy the unique resources that we
are blessed with. Windward Pointe shares this vision and
goal for sustainability in its stormwater management design
strategy.
217 Grandville Avenue, SW Suite 302 • Grand Rapids, MI 49503 • P. 616.575.5190 • F. 616.575.6644
Ann Arbor • Chicago• Columbus • Grand Rapids • Holland • Indianapolis • St. Louis
www.nederveld.com
Techniques
Stormwater runoff from streets can carry sediment, debris, chemicals, and pollutants,
which must be cleaned and treated prior to discharge into our waterways.
• Underground infrastructure will include
sediment trap sumps in catch basins and
stormwater quality units (SWQU).
SWQUs are designed to treat stormwater
to remove debris collected in runoff
including trash, sediment, oils, and other
suspended solids.
• Windward Pointe will also employ sustainable design measures such as planting
strips, infiltration beds, bioretention cells, and bioswales to capture and treat
stormwater runoff. Examples are shown below:
Standards
The design for the site will meet the standards set forth by the City of Muskegon,
Muskegon County Water Resources Commissioner, and the Michigan Department of
Environment, Great Lakes, and Energy. In particular, water quality will be the primary
focus of stormwater management at Windward Pointe. To accomplish this, the project
will be required to utilize Best Management Practices (BMPs) that provide treatment for
approximately 3.3 million gallons of stormwater runoff, meeting County and City criteria
for sediment and pollutant removal. These measures will include employing the
techniques noted above.
October 25, 2023
Jon Rooks
Parkland Acquisition Six, LLC
75 W Walton Avenue STE A
Muskegon, MI 49440
City of Muskegon
Planning Department
933 Terrace Street
Muskegon, MI 49440
RE: Windward Pointe Lot and Building Parameters for homesites, condo mansion lots, and multi-
family buildings
Detached Single Family Lots [Aligned Lots and Staggered Lots]
1. The homesite dwelling unit shall have a minimum living area (excluding all basement area) of one
thousand (1000) square feet with a minimum five hundred (500) square feet at the first floor. There
is no maximum square footage. The second floor must be equal to or smaller than the first floor
beneath including any garage.
2. Where the homesite design involves a roof pitch, it shall be a minimum pitch of 6/12, that is, for
every twelve inches (12'') of lateral run, the roof shall rise six inches (6''). In the case of additions
or alterations to principal structures, the roof pitch shall be a minimum pitch of 6/12.
3. The roof shall have a snow load rating that meets the current Michigan Building Code.
4. Roof drainage shall be provided to direct storm or meltwater away from the foundation including
hip, gambrel and mansard roofs.
5. Siding and trim systems shall be of an industry standard gauge suitable for on-site-built homes.
6. The dwelling unit shall have a minimum width of eighteen (18) feet across any front, side, and rear
elevation view.
7. The front elevation view may have a design offset including but not limited to; bay windows,
covered porches, or structural offsets from the principal plane of the building.
8. Any single-story, residential structure shall not be more than four (4) times longer than its width
(exclusive of an attached garage).
9. Garage doors may not compromise more than seventy-five percent (75%) of the front face of the
structure.
10. Newly constructed homes must be set back twenty-four (24) feet from the front property line.
11. The dwelling unit shall be firmly attached to a permanent foundation constructed on the site in
accordance with the current building code, manufacturers specifications, and any other applicable
requirements.
12. Any crawlspace, partial or full height basement that may exist between the foundation and ground
floor of the dwelling unit shall be fully enclosed by an extension of the foundation wall along the
perimeter of the building.
13. There will be no mobile home dwelling units permitted on any lot except manufactured / modular
homes that meet building code.
14. There will be no mobile home dwelling units, including their undercarriage and wheel apparatus,
permitted on any lot except manufactured / modular homes that meet building code.
15. The dwelling unit shall be connected to a public sewer and water supply when available, as defined
by the Plumbing Code. Backflow preventers are required in the basement or crawl space of each
home.
16. The compatibility of design and appearance shall be in accordance with the condominium by-laws.
17. The dwelling unit shall contain no additions of rooms or other areas which are not constructed with
similar quality workmanship as the original structure, including permanent attachment to the
principal structure and construction of a foundation as required herein.
18. The dwelling unit shall comply with all pertinent structural, building and fire codes.
19. All construction required herein shall be commenced only after a building permit has been obtained
in accordance with the Building Code.
20. Each dwelling unit shall have an established vegetative ground cover in less than 12 months after
occupancy. A minimum of two trees, two inches (2'') in diameter, four feet (4') from the ground or
six-foot (6') evergreen trees shall be provided.
21. Detached outbuildings, including garages, are allowed up to five hundred (500) square feet
maximum at the rear yard of non-waterfront lots or the front yard of waterfront lots.
22. Front Yard Setback (Aligned and Staggered Lots): Minimum twenty-two (22’) feet from the front
property line.
23. Rear Yard Setback (Aligned and Staggered Lots on waterfront): Minimum fifteen (15’) feet from
the Ordinary High Water Mark.
24. Side Yard Setback: Aligned Lots and Staggered Lots shall maintain a minimum side yard setback
of five (5) feet and zero (0) feet respectively. Buildings must also maintain a minimum of building-
to-building separation to comply with Fire Code.
25. Eaves, bay windows, egress wells, fireplaces, uncovered steps, and egress wells may encroach into
all yard setbacks up to three (3) feet.
26. Maximum Building Height: Three stories, plus basement or fifty-five (55) feet to the peak of any
gable, gambrel or hip roofs, or to the top of any flat roofs, whichever is less.
27. Building height does not include chimneys, spires, cupolas, dormers, finials, antennae, railings,
roof decks and access to the roof deck.
28. All stories above grade may contain any combination of conditioned living space, outdoor space
(covered or uncovered) and garage area.
29. One six hundred (600) maximum square foot, uncovered roof deck allowed above three (3) stories.
No limit on first three (3) stories.
30. Garages are required with a maximum of three (3) stalls.
31. One (1) stall maximum carport is allowed in addition to the garage attached or unattached to any
building.
32. Full or partial basements are allowed that are finished or unfinished.
33. Front balcony and porches are allowed and may be up to three (3) stories tall on the front elevation.
34. Rear balcony and porches are allowed and may be up to three (3) stories tall on the rear elevation.
35. Wraparound balcony and porch are allowed and may be up to two (2) stories tall.
36. Minimum eight (8) feet of separation between any buildings on the same lot.
37. All architectural designs must comply with the Condominium Association’s bylaws, master deed,
rules and regulations.
Mansion Lots [Front Loaded and Rear Loaded]
38. The ‘mansion’ (condo and apartment) dwelling unit shall have a minimum living area (excluding
all parking area) of four hundred (400) square feet. There is no maximum square footage. There
may be up to 12 units per building structure.
39. Where the homesite design involves a roof pitch, it shall be a minimum pitch of 6/12, that is, for
every twelve inches (12'') of lateral run, the roof shall rise six inches (6''). In the case of additions
or alterations to principal structures, the roof pitch shall be a minimum pitch of 6/12.
40. The roof shall have a snow load rating that meets the current Michigan Building Code.
41. Roof drainage shall be provided to direct storm or meltwater away from the foundation including
hip, gambrel and mansard roofs.
42. Siding and trim systems shall be of an industry standard gauge suitable for on-site-built homes.
43. The dwelling unit shall have a minimum width of fourteen (14) feet across any front, side, and rear
elevation view.
44. The front elevation view may have a design offset including but not limited to bay windows,
covered porches, or structural offsets from the principal plane of the building.
45. Garage doors may not compromise more than sixty-five percent (65%) of the front face of the
structure.
46. The dwelling unit shall be firmly attached to a permanent foundation constructed on the site in
accordance with the current building code, manufacturers specifications, and any other applicable
requirements.
47. Any crawlspace, partial or full height basement that may exist between the foundation and ground
floor of the dwelling unit shall be fully enclosed by an extension of the foundation wall along the
perimeter of the building.
48. There will be no mobile home dwelling units permitted on any lot.
49. There will be no mobile home dwelling units, including their undercarriage and wheel apparatus,
permitted on any lot.
50. The dwelling unit shall be connected to a public sewer and water supply when available, as defined
by the Plumbing Code. Backflow preventers are required in the basement or crawl space of each
home.
51. The compatibility of design and appearance shall be in accordance with the condominium by-laws.
52. The dwelling unit shall contain no additions of rooms or other areas which are not constructed with
similar quality workmanship as the original structure, including permanent attachment to the
principal structure and construction of a foundation as required herein.
53. The dwelling unit shall comply with all pertinent structural, building and fire codes.
54. All construction required herein shall be commenced only after a building permit has been obtained
in accordance with the Building Code.
55. Each building structure shall have an established vegetative ground cover in less than 12 months
after occupancy. A minimum of two shade trees, two inches (2'') in diameter, four feet (4') from
the ground or one six-foot (6') evergreen tree shall be provided.
56. Detached outbuildings, including garages, are allowed up to five hundred (500) square feet
maximum at the rear yard.
57. Front-Loaded Mansion Lot Front Yard Setback: Minimum twenty-two (22’) feet from the front
property line.
58. Front-Loaded Mansion Lot Rear Yard Setback: Minimum fifteen (15) feet from the rear property
line.
59. Rear-Loaded Mansion Lots Build-to-Zone: Building façade shall be placed between twelve (12)
feet and twenty (20) feet from the primary front yard property line. A minimum side yard setback
of fifteen (15) feet shall be maintained at any secondary front yards of corner lots. Rear yard setback
is minimum one (1) feet.
60. Side Yard Setback: All Mansion Lot buildings shall maintain a minimum side yard setback of five
(5) feet. Eaves, bay windows, egress wells, fireplaces, uncovered steps, and egress wells may
encroach into all yard setbacks up to three (3) feet.
61. Maximum Building Height: Five (5) stories or eighty (80) feet to the peak of any gable, gambrel
or hip roofs, or to the top of any flat roofs, not including any uncovered rooftop deck.
62. Building height does not include chimneys, spires, cupolas, dormers, finials, antennae, railings,
roof decks and access to the roof deck.
63. All stories above grade may contain any combination of conditioned living space, outdoor space
(covered or uncovered) and garage area.
64. One six hundred (600) maximum square foot, uncovered rooftop deck allowed per building
structure.
65. Optional common garages with a maximum of twelve (12) interior parking spots.
66. Front balcony and porches are allowed and may be on up to five (5) stories on the front elevation
area.
67. Rear balcony and porches are allowed and may be on up to five (5) stories on the front elevation
area.
68. Wraparound balcony and porch are allowed and may be up to three (3) stories tall.
69. Minimum eight (8) feet of separation between any buildings on the same lot.
70. All architectural designs must comply with the Condominium Association’s bylaws, master deed,
rules and regulations.
Multiple-Family Buildings
71. The multi-family (condo and apartment) units shall have a minimum living area of four hundred
(400) square feet. There is no maximum square footage.
72. Where the design involves a roof pitch, it shall be a minimum pitch of 6/12, that is, for every twelve
inches (12'') of lateral run, the roof shall rise six inches (6''). In the case of additions or alterations
to principal structures, the roof pitch shall be a minimum pitch of 6/12.
73. The roof shall have a snow load rating that meets the current Michigan Building Code.
74. Roof drainage shall be provided to direct storm or meltwater away from the foundation including
hip, gambrel and mansard roofs.
75. Siding and trim systems shall be of an industry standard gauge suitable for on-site-built homes.
76. The building shall have a minimum width of 10 feet across any front, side, and rear elevation view.
77. The front elevation view may have a design offset including but not limited to; bay windows,
covered or uncovered balconies and porches, and structural offsets from the principal plane of the
building.
78. Garage doors may not compromise more than ninety-five percent (95%) of the front face of the
building.
79. The building shall be firmly attached to a permanent foundation constructed on the site in
accordance with the current building code, manufacturers specifications, and any other applicable
requirements.
80. Any crawlspace, partial or full height basement that may exist between the foundation and ground
floor of the structure shall be fully enclosed by an extension of the foundation wall along the
perimeter of the building.
81. There will be no mobile home dwelling units permitted on any lot.
82. There will be no mobile home dwelling units, including their undercarriage and wheel apparatus,
permitted on any lot.
83. The building shall be connected to a public sewer and water supply when available, as defined by
the Plumbing Code. Backflow preventers are required in the basement or crawl space of each
building.
84. The compatibility of design and appearance shall be in accordance with the condominium by-laws.
85. The building shall contain no additions of rooms or other areas which are not constructed with
similar quality workmanship as the original structure, including permanent attachment to the
principal structure and construction of a foundation as required herein.
86. The building shall comply with all pertinent structural, building and fire codes.
87. All construction required herein shall be commenced only after a building permit has been obtained
in accordance with the Building Code.
88. Each building shall have an established vegetative ground cover in less than 12 months after
occupancy. A minimum of two shade tree, two inches (2'') in diameter, four feet (4') from the
ground or one six foot (6') evergreen tree shall be provided.
89. Buildings shall be placed a minimum of twenty five (25) feet from any adjacent road pavement,
excluding drive aisles and parking pavement.
90. Buildings must maintain a minimum building-to-building separation of twenty five (25) feet,
measured from building foundation wall to building foundation wall.
91. Maximum Building Height: Six (6) stories or ninety (90) feet to the peak of any gable, gambrel
or hip roofs, or to the top of any flat roofs, whichever is less
92. Building height does not include chimneys, spires, cupolas, dormers, finials, antennae, railings,
roof decks and access to the roof deck.
93. All stories above grade may contain any combination of conditioned living space, outdoor space
(covered or uncovered) and garage area.
94. One one thousand (1,000) maximum square foot, uncovered roof deck.
95. Garages are not required.
96. Carports are allowed in addition to surface lot, or garage parking with the first floor of the building.
97. Full or partial basements are allowed that are finished or unfinished.
98. Front porches and balconies are allowed and may be up to six (6) stories tall on the front elevation.
99. Rear porches and balconies are allowed and may be up to six (6) stories tall on the rear elevation.
100. Wraparound balcony or side porch is allowed and may be up to six (6) stories tall.
101. All architectural designs must comply with the Condominium Association’s bylaws, master
deed, rules and regulations.
General Provisions
102. In the event of any conflict between the Site Regulating Standard and general notes on the
plans, and this Windward Pointe Lot and Building Parameters document, this document shall
govern.
23201268-20231020-PREL2_converted 10/26/2023 @ 12:00 am
MUSKEGON LAKE NOTE: AT THE DEVELOPER’S DISCRETION, THE EXISTING
POND MAY CONNECT TO MUSKEGON LAKE (I.E. LAND BERM
REMOVED) SUBJECT TO E.G.L.E. AND A.C.E. APPROVAL
16
16
19 2
2
16
3
TRANSIENT/VISITOR DO
POTENTIAL CRUISE SH
CKING 3
IP DOCKING (AT THE
27 PIER 1
DISCRETION OF DEVE
LOPER) 17
WATER TAXI
PICK-UP TRANSIENT/VISITO
R DOCKING 16 M42 M43 M44
22 M41 M45 M46 M47 M48
4
60’ SLIPS
16 23
3 M20
M19 M21 M40 M49
PIER 2
24
12
3
M50
E
50’ SLIPS 3 M22 M39
S
PHA
13 M18
M2
PIER 3 M1 3 M51
2
M23 M38
M17
M3 16 A21
45’ SLIPS
4 A22 A20 M52
M24
17
M37 5 A19
R16-
M16 2
PIER 4 7
M4
E
M53
5
S
0-1
M25
1
M36
A
8-2
R1
H
40’ SLIPS M8
R1
P
R1-3 R4-6 M5 M9
R7-9 M15
3
5
1
2-2
PIER 5 M6 18 M7 M26 M35 M54
R2
R34-35 R30-33 R2 M10 A16
6-29 8
E
M14 A17 A18
S
PHA
50’ SLIPS
M11 4 M27 M34 M55
29 M13
E
M12
S
12 15
21
28
P H A MU4 MU3
A7 3
310 7
E
A6 M28 M56
S
11 A5 18 M33
A
20
H
25 9 9 A15 A14
17 A13
P
5 A12 4
3
M57
MU1 MU2 M29 M32
A1 A2 6 A3 M30 M31
A4 14
18 A8 A9 7 A10
26 1 A11
18
LAKESHORE DRIVE 1
ET
1 26
RE
LAURUE STREET
LINCOLN STREET
SHERIN STREET
LEBOEUF STREET
K ST
AR M
DEN
HARRISON AVENUE
LEGEND SUMMARY OF LAND USE SITE REGULATING STANDARDS GENERAL NOTES
1. SPEED LIMITS THROUGHOUT THE PROPOSED DEVELOPMENT WILL BE A MAXIMUM OF 15 MPH.
1 SITE ENTRANCE
10
IN-OUT DRY BOAT STORAGE (155’ X 720’ BUILDING STAGING SLIPS FOR IN/OUT SERVICE AND GAS DOCK / SITE LOCATION: 2400 & 2850 LAKESHORE DR. MUSKEGON, MICHIGAN MULTIPLE FAMILY BUILDINGS [A1-A22] ALIGNED LOTS [34’ X 150’ TYP.]
2. TYPICAL STREET TREE SPACING WILL BE 35 FT. TO 45 FT. ON CENTER, DEPENDING ON SPECIES AND SITE CONSTRAINTS (E.G. CONFLICTS WITH
WITH APPROXIMATELY 350 STORAGE SPACES) 21 PUMP OUT DOCK 1. ALLOWABLE USES: MULTIPLE FAMILY DWELLINGS (APARTMENTS OF CONDOMINIUMS), 1. ALLOWABLE USES: DETACHED SINGLE FAMILY DWELLING
UTILITIES, STREET LIGHTS, DRIVEWAYS, ETC.)
SITE AREA = 122.94 AC. SENIOR LIVING FACILITY, AND PERMITTED USES WITHIN THE B-2 DISTRICT AT GROUND 2. MAXIMUM BUILDING HEIGHT = 3 STORIES PLUS BASEMENT
3. WAYFINDING SIGNAGE WILL BE STRATEGICALLY PLACED THROUGHOUT THE DEVELOPMENT TO DIRECT PEDESTRIANS TO SITE FEATURES
FLOOR OF BUILDINGS A1-A4 3. SETBACKS
2 SINGLE FAMILY STAGGERED LOT (26’-22’ X 205’ TYP.) - 11 MARINA RESTROOMS
EXISTING ZONING = I-2 (GENERAL INDUSTRIAL) 2. MAXIMUM BUILDING HEIGHT = 6 STORIES OR 90 FT., WHICHEVER IS LESS FRONT YARD = 22 FT. MIN.
INCLUDING KAYAK LAUNCHES, NATURAL FEATURES, TRAILS, FISHING PLATFORMS, PARKS, CLUBHOUSES, BIKE PATHS, RETAIL CORRIDOR(S), DOG
MAY BE COMBINED TO CREATE LARGER WATERFRONT
22 FENCED DOG PARK AND POLLINATOR GARDEN AREA
3. MINIMUM BUILDING TO BUILDING SEPARATION [FOUNDATION WALL TO FOUNDATION SIDE YARD = 5 FT. MIN.
4.
PARKS, ETC.
OUTDOOR ENTERTAINMENT AT THE RESTAURANT AND OTHER PUBLIC SPACES WILL BE ALLOWED BETWEEN THE HOURS OF 10 A.M. AND 11 P.M AND
LOTS
PROPOSED ZONING = PUD (PLANNED UNIT DEVELOPMENT) WALL] = 25 FT. REAR YARD = 15 FT. MIN. FROM O.H.W.M.
12 CLUBHOUSES WITH POOLS AND SPORT COURTS
4. MINIMUM DISTANCE TO AJACENT ROADS (EXCLUDES PARKING DRIVE AISLES) = 25 FT. 5.
NOT PERMITTED BETWEEN 11PM AND 10AM.
THERE WILL BE NO GATES OR FENCES WITHIN THE DEVELOPMENT EXCEPT FOR PIERS 2, 3, 4, AND 5; DOG PARKS; SPORT COURTS; PLAYGROUNDS,
23 PLAYGROUND PROPOSED DWELLINGS STAGGERED LOTS [22’-26’ X 205’ TYP.]
POOLS; DUMPSTER ENCLOSURES; AND ABOVE GROUND UTILITY SCREENING.
3 SINGLE FAMILY ALIGNED LOT (34’ X 150’ TYP.) - MAY BE 26’/22’X205’ LOTS = 108 DWELLINGS ROWHOUSES [R1-R35] 1. ALLOWABLE USES: DETACHED SINGLE FAMILY DWELLING
6. ALL PUBLIC AMENITY AREAS WILL BE OWNED AND MAINTAINED BY THE DEVELOPMENT ASSOCIATION IN PERPETUITY AS A MEANS OF MAINTAINING A
COMBINED TO CREATE LARGER WATERFRONT LOTS CLUBHOUSE WITH RESTAURANT,EVENT SPACE, 34’X150’ LOTS = 115 DWELLINGS 1. ALLOWABLE USES: ATTACHED SINGLE FAMILY DWELLINGS 2. MAXIMUM BUILDING HEIGHT = 3 STORIES PLUS BASEMENT
13 POOL, AND PUBLIC RESTROOMS WOODLAND PRESERVATION AREA AND ON-LEASH DOG “MANSION” LOT DWELLINGS = UP TO 684 DWELLINGS (57 BLDGS) 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS 3. SETBACKS
HIGH LEVEL OF CARE AND LESSENING THE BURDEN ON PUBLICLY FUNDED CITY AGENCIES.
24 PARK MULTIPLE-FAMILY APTS/CONDOS = UP TO 1,320 DWELLINGS (22 BLDGS) 3. MINIMUM BUILDING TO BUILDING SEPARATION [FOUNDATION WALL TO FOUNDATION FRONT YARD = 22 FT. MIN.
7. FINAL DUMPSTER ENCLOSURE LOCATIONS SHALL BE REVIEWED AND APPROVED BY CITY OF MUSKEGON STAFF.
8. SNOW SHALL BE STORED IN DESIGNATED AREAS, AS SPECIFIED BY CITY OF MUSKEGON MAINTENANCE PERSONNEL OR REMOVED FROM THE SITE
10-12 UNIT FRONT-LOADED CONDO OR APARTMENT 18’ X 40’ TOWNHOMES = 35 UNITS (10 BLDGS) WALL] = 16 FT. SIDE YARD = 0 FT. MIN.
4 MIXED-USE APARTMENTS = 55 DWELLINGS (4 BLDGS) 4. MINIMUM DISTANCES TO ADJACENT ROAD OR SIDEWALK = 10 FT. REAR YARD = 15 FT. MIN. FROM O.H.W.M.
AS NEEDED.
“MANSION” LOTS (100’ X 150’ TYP.) 14 RETAIL BUILDING 9. BIKE PARKING SHALL BE PROVIDED AT RETAIL CORRIDOR(S), CLUBHOUSES, AND VARIOUS PUBIC SPACES THROUGHOUT THE DEVELOPMENT. FINAL
25 FUTURE RESTAURANT
PROPOSED DENSITY = 18.8 D.U./AC. FRONT-LOADED MANSION LOTS [M1-M20 & M41-M57] CLUBHOUSE [SITE FEATURES 12 AND 13 ON THE PLAN]
LOCATIONS AND DESIGN OF BIKE PARKING FACILITIES TO BE COORDINATED WITH CITY OF MUSKEGON STAFF.
10. PROPOSED LIGHTING SHALL CONSIST OF WALL-MOUNTED LIGHTS AND LIGHT POLES BOTH FITTED WITH DOWN CAST TYPE FIXTURES TO BE
1. ALLOWABLE USES: MULTIPLE FAMILY DWELLING 1. ALLOWABLE USES: COMMUNITY CENTER; EVENT CENTER RECREATION CENTER;
5
10-12 UNIT REAR-LOADED CONDO OR APARTMENT 15 PUBLIC NATURE VIEW BOARDWALK
RETAIL/OFFICE SPACE (MU1-MU4) = 42,780 SQ.FT. 2. MAXIMUM BUILDING HEIGHT = 5 STORIES OR 80 FT., WHICHEVER IS LESS RESTAURANT, COCKTAIL LOUNGE, AND BREWPUB; AND MUSIC VENUE (INDOOR AND
SPECIFIED BY LIGHTING CONSULTANT. LIGHTING SHALL BE COORIDNATED WITH CITY STAFF TO CLUSTER IN DESIRED HIGH TRAFFIC PUBLIC AREAS.
“MANSION” LOTS (100’ X 115’ TYP.) TRAFFIC CALMING STREET TREATMENTS (E.G. ALL LIGHTING SHALL BE SHIELDED FROM ADJACENT PROPERTIES.
(NOT INLCUDING FUTURE IMPROVEMENTS) 3. SETBACKS OUTDOOR)
11. GROUND FLOOR LEVELS OF BUILDINGS A1-A4 ARE INTENDED TO BE REPURPOSED AS ADDITIONAL RETAIL OR OFFICE SPACE AS NEEDED PER
26 ROUNDABOUT, SIGNALIZED BIKE CROSSING) TO BE FRONT YARD = 22 FT. MIN. (15 FT. MIN. ON SECONDARY FRONT YARD OF CORNER 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS
MARKET CONDITIONS. THE CONVERSION OF GROUND FLOOR USES WILL BEGIN AT BUILDING A1 AND EXTEND TO THE EAST SEQUENTIALLY ENDING
PUBLIC PARKLET WITH WATERFRONT ACCESS AND COORDINATED WITH CITY OF MUSKEGON 3. MINIMUM DISTANCE TO OHWM = 15 FT.
4 TO 6-STORY APARTMENT OR CONDO BUILDING WITH 16 FISHING DOCK
BOAT STORAGE = 111,600 SQ.FT. (350 SPACES) LOTS)
SIDE YARD = 5 FT. MIN. 4. MINIMUM DISTANCE FROM ADJACENT LOT LINES = 15 FT.
AT BUILDING A4.
12. AREAS P7 AND P8 WILL NOT ALLOW FOR FISHING IF ADJACENT WATERS ARE FOUND TO BE UNSUITABLE BY ENVIRONMENTAL SPECIALISTS.
6 GROUND FLOOR PARKING OR POSSIBLE FUTURE BOAT DOCKING SPACES = 251 REAR YARD = 15 FT. MIN. 13. TOPOGRAPHICAL REQUIREMENT PER 2101.3.E, EXISTING TOPOGRAPHY IS DEPICTED WITH CONTOURS AT 1-FT INTERVALS ON THE EXISTING
GROUND FLOOR RETAIL [BUILDINGS A1-A4] BREAK WALL/WAVE ATTENUATOR WITH PUBLIC WALKING 118’ SLIP = 1 SLIP MIXED USE [MU1-MU4]
CONDITIONS PLAN. FINAL TOPOGRAPHIC CHANGES SHALL BE IN COMPLIANCE WITH EGLE DUE CARE PLAN CRITERIA. AREAS OF FILL MUST BE
17 PUBLIC PARKLET WITH BOARDWALK, FISHING PATH, FISHING PLATFORM AND TRANSIENT/VISITOR/ 103’ SLIP = 1 SLIP REAR-LOADED MANSION LOTS [M21-M40] 1. ALLOWABLE USES: GROUND FLOOR - PERMITTED USES IN THE B-2 DISTRICT, UPPER LEVELS
COMPACTED TO DENSITY SPECIFIED BY GEOTECH CONSULTANT.
PLATFORM, AND KAYAK LAUNCH 27 SHOPPER DOCKING ON NORTH AND SOUTH SIDES OF 98’ SLIP = 1 SLIP 1. ALLOWABLE USES: MULTIPLE FAMILY DWELLING - MULTIPLE FAMILY DWELLINGS
14. THE PROJECT WILL BE SERVED BY PUBLIC WATERMAIN, PUBLIC SANITARY SEWER, AND PUBLIC AND PRIVATE STORMWATER MANAGEMENT
4 TO 6-STORY APARTMENT OR CONDO BUILDING WITH 93’ SLIPS = 1 SLIP 2. MAXIMUM BUILDING HEIGHT = 5 STORIES OR 80 FT., WHICHEVER IS LESS 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS
PIER SYSTEMS. WATERMAIN, SANITARY SEWER, AND STORMWATER MANAGEMENT MEASURES SHALL MEET CITY, COUNTY, AND STATE OF MICHIGAN
7 GROUND FLOOR PARKING [BUILDINGS A5-A22] 60’ SLIPS = 24 SLIPS 3. SETBACKS 3. MINIMUM DISTANCE FROM ADJACENT LOT LINES = 15 FT.
REQUIREMENTS. “DRY UTILITIES,” WHICH INCLUDE ELECTRIC SERVICE, TELECOMMUNICATIONS, AND NATURAL GAS, WILL BE WILL BE INSTALLED
50’ SLIPS = 77 SLIPS FRONT YARD = 12 FT. TO 20 FT. MIN. BUILD-TO-LINE (15 FT. MIN. SETBACK ON
18 MULTI-MODAL TRAIL CONNECTOR
45’ SLIPS = 54 SLIPS SECONDARY FRONT YARD OF CORNER LOTS) BOAT STORAGE BUILDING
15.
UNDERGROUND AND WILL BE PROVIDED TO EACH SITE.
A TRAFFIC STUDY SHALL BE CONDUCTED AND REVIEWED BY THE PUBLIC WORKS DIRECTOR PRIOR TO CONSTRUCTION.
POSSIBLE FUTURE 1 TO 3-STORY RETAIL/OFFICE STACK, 40’ SLIPS = 56 SLIPS SIDE YARD = 5 FT. MIN. 1. ALLOWABLE USES: BOAT STORAGE AND SIMILAR OR ACCESSORY USE, PREMITTED USES
8 REAR LOAD ROWHOUSES (18’ X 40’ TYP.) [R1-R35]
28
WHICH MAY INCLUDE COFFEE SHOP, SANDWICH SHOP, TRANSIENT/VISITOR/SHOPPER DOCKING SPACES = 1400 LINEAR FEET REAR YARD = 1 FT. MIN. WITHIN THE B-2 DISTRICT
16.
17.
A STORMWATER PERMIT SHALL BE OBTAINED FROM THE ENGINEERING DEPARTMENT PRIOR TO CONSTRUCTION.
A LANDSCAPE MANAGEMENT PLAN FOR A NATIVE VEGETATION PLANTING ZONE AROUND THE WATERFRONT HOMES, PATHS AND PATIOS WITHIN 30
19 POOL AND RESTROOM BUILDING FOR WINDWARD CONVENIENCE STORE, SHIP STORE, MARINA OFFICE, AND/ 2. MAXIMUM BUILDING HEIGHT = 50 FT.
FEET OF THE O.HW.M. SHALL BE SUBMITTED BY THE DEVELOPER AND APPROVED BY THE PUBLIC WORKS DIRECTOR.
POINTE RESIDENTS OR ROOFTOP DECK.
18. A PROPOSED UTILITIES PLAN SHALL SUBMITTED TO AND APPROVED BY THE PUBLIC WORKS DIRECTOR PRIOR TO CONSTRUCTION.
MIXED-USE BUILDING (GROUND FLOOR RETAIL,
9 APARTMENTS ABOVE) [MU1-MU4]
19. ALL MARINA SLIPS WILL HAVE FIRE ACCESS.
20. ALL APPLICABLE CITY, STATE, AND FEDERAL PERMITS SHALL BE GRANTED PRIOR TO CONSTRUCTION OF IMPACTED SITE FEATURES.
20 BOAT HOIST/WASH STATION AREA 29 GAS DOCK AND SERVICE OFFICE
October 26, 2023 North 0’ 75’ 150’ 300’ Scale: 1”=150’
WINDWARD POINTE
FINAL PUD PLAN - PHASING PLAN
project number: 23201268
23201268-20231020-PREL2_converted 10/26/2023 @ 12:00 am
MUSKEGON LAKE NOTE: AT THE DEVELOPER’S DISCRETION, THE EXISTING
POND MAY CONNECT TO MUSKEGON LAKE (I.E. LAND BERM
REMOVED) SUBJECT TO E.G.L.E. AND A.C.E. APPROVAL
P7 16
16 P8 P9
19 2
2
16
3
P2 TRANSIENT/VISITO
R DOCKING 3
P6
POTENTIAL CRUISE
SHIP DOCKING (AT
27 PIER 1 DISCRETION OF DE THE 17
VELOPER)
P12
WATER TAXI
PICK-UP TRANSIENT/VISITO
R DOCKING
16 M42 M43 M44
M41 M45
P10
22 M46 M47
4 M48
60’ SLIPS 16 23
P3 3 P4
P11
M20
M19 M21 M40 M49
PIER 2
24
12
3
M22 M50
50’ SLIPS 3 M39
13 M18
M2
PIER 3 M1 3
P5 M23 M38
M51
M17
M3 16 A21
45’ SLIPS
4 A22 A20 M52
M24
17
M37 5 A19
R16-
PIER 4
M4
M16 7
M53
2
P13
5
0-1
M25
1
M36
8-2
R1
40’ SLIPS M8
R1
R1-3 R4-6 M5 M9
R7-9 M15
3
5
2-2
PIER 5 M6 18 M7 M26 M35 M54
R2
R34-35 R30-33 R2 M10 A16
6-29 8
M14 A17 A18
50’ SLIPS
M11 4 M27 M34 M55
29 M13
M12 15
12
21 MU4 MU3
28
P1
A7
10 7
A6 M28 M56
P14
11 A5 18 M33
20 A15 A14
17 25 9 9 5 A13 A12 4
M57
MU1 MU2 M29 M32
A1 A2 6 A3 M30 M31
A4 14
P15
18 A8 A9 7 A10
26 1 A11
P15 18
1
LAKESHORE DRIVE
ET
1 26
RE
LAURUE STREET
SHERIN STREET
LEBOEUF STREET
LINCOLN STREET
K ST
AR M
DEN
HARRISON AVENUE
LEGEND SUMMARY OF LAND USE SITE REGULATING STANDARDS GENERAL NOTES
1. SPEED LIMITS THROUGHOUT THE PROPOSED DEVELOPMENT WILL BE A MAXIMUM OF 15 MPH.
1 SITE ENTRANCE
10
IN-OUT DRY BOAT STORAGE (155’ X 720’ BUILDING STAGING SLIPS FOR IN/OUT SERVICE AND GAS DOCK / SITE LOCATION: 2400 & 2850 LAKESHORE DR. MUSKEGON, MICHIGAN MULTIPLE FAMILY BUILDINGS [A1-A22] ALIGNED LOTS [34’ X 150’ TYP.]
2. TYPICAL STREET TREE SPACING WILL BE 35 FT. TO 45 FT. ON CENTER, DEPENDING ON SPECIES AND SITE CONSTRAINTS (E.G. CONFLICTS WITH
WITH APPROXIMATELY 350 STORAGE SPACES) 21 PUMP OUT DOCK 1. ALLOWABLE USES: MULTIPLE FAMILY DWELLINGS (APARTMENTS OF CONDOMINIUMS), 1. ALLOWABLE USES: DETACHED SINGLE FAMILY DWELLING
UTILITIES, STREET LIGHTS, DRIVEWAYS, ETC.)
SITE AREA = 122.94 AC. SENIOR LIVING FACILITY, AND PERMITTED USES WITHIN THE B-2 DISTRICT AT GROUND 2. MAXIMUM BUILDING HEIGHT = 3 STORIES PLUS BASEMENT
3. WAYFINDING SIGNAGE WILL BE STRATEGICALLY PLACED THROUGHOUT THE DEVELOPMENT TO DIRECT PEDESTRIANS TO SITE FEATURES
FLOOR OF BUILDINGS A1-A4 3. SETBACKS
2 SINGLE FAMILY STAGGERED LOT (26’-22’ X 205’ TYP.) - 11 MARINA RESTROOMS
EXISTING ZONING = I-2 (GENERAL INDUSTRIAL) 2. MAXIMUM BUILDING HEIGHT = 6 STORIES OR 90 FT., WHICHEVER IS LESS FRONT YARD = 22 FT. MIN.
INCLUDING KAYAK LAUNCHES, NATURAL FEATURES, TRAILS, FISHING PLATFORMS, PARKS, CLUBHOUSES, BIKE PATHS, RETAIL CORRIDOR(S), DOG
MAY BE COMBINED TO CREATE LARGER WATERFRONT
22 FENCED DOG PARK AND POLLINATOR GARDEN AREA
3. MINIMUM BUILDING TO BUILDING SEPARATION [FOUNDATION WALL TO FOUNDATION SIDE YARD = 5 FT. MIN.
4.
PARKS, ETC.
OUTDOOR ENTERTAINMENT AT THE RESTAURANT AND OTHER PUBLIC SPACES WILL BE ALLOWED BETWEEN THE HOURS OF 10 A.M. AND 11 P.M AND
LOTS
PROPOSED ZONING = PUD (PLANNED UNIT DEVELOPMENT) WALL] = 25 FT. REAR YARD = 15 FT. MIN. FROM O.H.W.M.
12 CLUBHOUSES WITH POOLS AND SPORT COURTS
4. MINIMUM DISTANCE TO AJACENT ROADS (EXCLUDES PARKING DRIVE AISLES) = 25 FT. 5.
NOT PERMITTED BETWEEN 11PM AND 10AM.
THERE WILL BE NO GATES OR FENCES WITHIN THE DEVELOPMENT EXCEPT FOR PIERS 2, 3, 4, AND 5; DOG PARKS; SPORT COURTS; PLAYGROUNDS,
23 PLAYGROUND PROPOSED DWELLINGS STAGGERED LOTS [22’-26’ X 205’ TYP.]
POOLS; DUMPSTER ENCLOSURES; AND ABOVE GROUND UTILITY SCREENING.
3 SINGLE FAMILY ALIGNED LOT (34’ X 150’ TYP.) - MAY BE 26’/22’X205’ LOTS = 108 DWELLINGS ROWHOUSES [R1-R35] 1. ALLOWABLE USES: DETACHED SINGLE FAMILY DWELLING
6. ALL PUBLIC AMENITY AREAS WILL BE OWNED AND MAINTAINED BY THE DEVELOPMENT ASSOCIATION IN PERPETUITY AS A MEANS OF MAINTAINING A
COMBINED TO CREATE LARGER WATERFRONT LOTS CLUBHOUSE WITH RESTAURANT,EVENT SPACE, 34’X150’ LOTS = 115 DWELLINGS 1. ALLOWABLE USES: ATTACHED SINGLE FAMILY DWELLINGS 2. MAXIMUM BUILDING HEIGHT = 3 STORIES PLUS BASEMENT
13 POOL, AND PUBLIC RESTROOMS WOODLAND PRESERVATION AREA AND ON-LEASH DOG “MANSION” LOT DWELLINGS = UP TO 684 DWELLINGS (57 BLDGS) 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS 3. SETBACKS
HIGH LEVEL OF CARE AND LESSENING THE BURDEN ON PUBLICLY FUNDED CITY AGENCIES.
24 PARK MULTIPLE-FAMILY APTS/CONDOS = UP TO 1,320 DWELLINGS (22 BLDGS) 3. MINIMUM BUILDING TO BUILDING SEPARATION [FOUNDATION WALL TO FOUNDATION FRONT YARD = 22 FT. MIN.
7. FINAL DUMPSTER ENCLOSURE LOCATIONS SHALL BE REVIEWED AND APPROVED BY CITY OF MUSKEGON STAFF.
8. SNOW SHALL BE STORED IN DESIGNATED AREAS, AS SPECIFIED BY CITY OF MUSKEGON MAINTENANCE PERSONNEL OR REMOVED FROM THE SITE
10-12 UNIT FRONT-LOADED CONDO OR APARTMENT 18’ X 40’ TOWNHOMES = 35 UNITS (10 BLDGS) WALL] = 16 FT. SIDE YARD = 0 FT. MIN.
4 MIXED-USE APARTMENTS = 55 DWELLINGS (4 BLDGS) 4. MINIMUM DISTANCES TO ADJACENT ROAD OR SIDEWALK = 10 FT. REAR YARD = 15 FT. MIN. FROM O.H.W.M.
AS NEEDED.
“MANSION” LOTS (100’ X 150’ TYP.) 14 RETAIL BUILDING 9. BIKE PARKING SHALL BE PROVIDED AT RETAIL CORRIDOR(S), CLUBHOUSES, AND VARIOUS PUBIC SPACES THROUGHOUT THE DEVELOPMENT. FINAL
25 FUTURE RESTAURANT
PROPOSED DENSITY = 18.8 D.U./AC. FRONT-LOADED MANSION LOTS [M1-M20 & M41-M57] CLUBHOUSE [SITE FEATURES 12 AND 13 ON THE PLAN]
LOCATIONS AND DESIGN OF BIKE PARKING FACILITIES TO BE COORDINATED WITH CITY OF MUSKEGON STAFF.
10. PROPOSED LIGHTING SHALL CONSIST OF WALL-MOUNTED LIGHTS AND LIGHT POLES BOTH FITTED WITH DOWN CAST TYPE FIXTURES TO BE
1. ALLOWABLE USES: MULTIPLE FAMILY DWELLING 1. ALLOWABLE USES: COMMUNITY CENTER; EVENT CENTER RECREATION CENTER;
5
10-12 UNIT REAR-LOADED CONDO OR APARTMENT 15 PUBLIC NATURE VIEW BOARDWALK
RETAIL/OFFICE SPACE (MU1-MU4) = 42,780 SQ.FT. 2. MAXIMUM BUILDING HEIGHT = 5 STORIES OR 80 FT., WHICHEVER IS LESS RESTAURANT, COCKTAIL LOUNGE, AND BREWPUB; AND MUSIC VENUE (INDOOR AND
SPECIFIED BY LIGHTING CONSULTANT. LIGHTING SHALL BE COORIDNATED WITH CITY STAFF TO CLUSTER IN DESIRED HIGH TRAFFIC PUBLIC AREAS.
“MANSION” LOTS (100’ X 115’ TYP.) TRAFFIC CALMING STREET TREATMENTS (E.G. ALL LIGHTING SHALL BE SHIELDED FROM ADJACENT PROPERTIES.
(NOT INLCUDING FUTURE IMPROVEMENTS) 3. SETBACKS OUTDOOR)
11. GROUND FLOOR LEVELS OF BUILDINGS A1-A4 ARE INTENDED TO BE REPURPOSED AS ADDITIONAL RETAIL OR OFFICE SPACE AS NEEDED PER
26 ROUNDABOUT, SIGNALIZED BIKE CROSSING) TO BE FRONT YARD = 22 FT. MIN. (15 FT. MIN. ON SECONDARY FRONT YARD OF CORNER 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS
MARKET CONDITIONS. THE CONVERSION OF GROUND FLOOR USES WILL BEGIN AT BUILDING A1 AND EXTEND TO THE EAST SEQUENTIALLY ENDING
PUBLIC PARKLET WITH WATERFRONT ACCESS AND COORDINATED WITH CITY OF MUSKEGON 3. MINIMUM DISTANCE TO OHWM = 15 FT.
4 TO 6-STORY APARTMENT OR CONDO BUILDING WITH 16 FISHING DOCK
BOAT STORAGE = 111,600 SQ.FT. (350 SPACES) LOTS)
SIDE YARD = 5 FT. MIN. 4. MINIMUM DISTANCE FROM ADJACENT LOT LINES = 15 FT.
AT BUILDING A4.
12. AREAS P7 AND P8 WILL NOT ALLOW FOR FISHING IF ADJACENT WATERS ARE FOUND TO BE UNSUITABLE BY ENVIRONMENTAL SPECIALISTS.
6 GROUND FLOOR PARKING OR POSSIBLE FUTURE BOAT DOCKING SPACES = 251 REAR YARD = 15 FT. MIN. 13. TOPOGRAPHICAL REQUIREMENT PER 2101.3.E, EXISTING TOPOGRAPHY IS DEPICTED WITH CONTOURS AT 1-FT INTERVALS ON THE EXISTING
GROUND FLOOR RETAIL [BUILDINGS A1-A4] BREAK WALL/WAVE ATTENUATOR WITH PUBLIC WALKING 118’ SLIP = 1 SLIP MIXED USE [MU1-MU4]
CONDITIONS PLAN. FINAL TOPOGRAPHIC CHANGES SHALL BE IN COMPLIANCE WITH EGLE DUE CARE PLAN CRITERIA. AREAS OF FILL MUST BE
17 PUBLIC PARKLET WITH BOARDWALK, FISHING PATH, FISHING PLATFORM AND TRANSIENT/VISITOR/ 103’ SLIP = 1 SLIP REAR-LOADED MANSION LOTS [M21-M40] 1. ALLOWABLE USES: GROUND FLOOR - PERMITTED USES IN THE B-2 DISTRICT, UPPER LEVELS
COMPACTED TO DENSITY SPECIFIED BY GEOTECH CONSULTANT.
PLATFORM, AND KAYAK LAUNCH 27 SHOPPER DOCKING ON NORTH AND SOUTH SIDES OF 98’ SLIP = 1 SLIP 1. ALLOWABLE USES: MULTIPLE FAMILY DWELLING - MULTIPLE FAMILY DWELLINGS
14. THE PROJECT WILL BE SERVED BY PUBLIC WATERMAIN, PUBLIC SANITARY SEWER, AND PUBLIC AND PRIVATE STORMWATER MANAGEMENT
4 TO 6-STORY APARTMENT OR CONDO BUILDING WITH 93’ SLIPS = 1 SLIP 2. MAXIMUM BUILDING HEIGHT = 5 STORIES OR 80 FT., WHICHEVER IS LESS 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS
PIER SYSTEMS. WATERMAIN, SANITARY SEWER, AND STORMWATER MANAGEMENT MEASURES SHALL MEET CITY, COUNTY, AND STATE OF MICHIGAN
7 GROUND FLOOR PARKING [BUILDINGS A5-A22] 60’ SLIPS = 24 SLIPS 3. SETBACKS 3. MINIMUM DISTANCE FROM ADJACENT LOT LINES = 15 FT.
REQUIREMENTS. “DRY UTILITIES,” WHICH INCLUDE ELECTRIC SERVICE, TELECOMMUNICATIONS, AND NATURAL GAS, WILL BE WILL BE INSTALLED
50’ SLIPS = 77 SLIPS FRONT YARD = 12 FT. TO 20 FT. MIN. BUILD-TO-LINE (15 FT. MIN. SETBACK ON
18 MULTI-MODAL TRAIL CONNECTOR
45’ SLIPS = 54 SLIPS SECONDARY FRONT YARD OF CORNER LOTS) BOAT STORAGE BUILDING
15.
UNDERGROUND AND WILL BE PROVIDED TO EACH SITE.
A TRAFFIC STUDY SHALL BE CONDUCTED AND REVIEWED BY THE PUBLIC WORKS DIRECTOR PRIOR TO CONSTRUCTION.
POSSIBLE FUTURE 1 TO 3-STORY RETAIL/OFFICE STACK, 40’ SLIPS = 56 SLIPS SIDE YARD = 5 FT. MIN. 1. ALLOWABLE USES: BOAT STORAGE AND SIMILAR OR ACCESSORY USE, PREMITTED USES
8 REAR LOAD ROWHOUSES (18’ X 40’ TYP.) [R1-R35]
28
WHICH MAY INCLUDE COFFEE SHOP, SANDWICH SHOP, TRANSIENT/VISITOR/SHOPPER DOCKING SPACES = 1400 LINEAR FEET REAR YARD = 1 FT. MIN. WITHIN THE B-2 DISTRICT
16.
17.
A STORMWATER PERMIT SHALL BE OBTAINED FROM THE ENGINEERING DEPARTMENT PRIOR TO CONSTRUCTION.
A LANDSCAPE MANAGEMENT PLAN FOR A NATIVE VEGETATION PLANTING ZONE AROUND THE WATERFRONT HOMES, PATHS AND PATIOS WITHIN 30
19 POOL AND RESTROOM BUILDING FOR WINDWARD CONVENIENCE STORE, SHIP STORE, MARINA OFFICE, AND/ 2. MAXIMUM BUILDING HEIGHT = 50 FT.
FEET OF THE O.HW.M. SHALL BE SUBMITTED BY THE DEVELOPER AND APPROVED BY THE PUBLIC WORKS DIRECTOR.
POINTE RESIDENTS OR ROOFTOP DECK.
18. A PROPOSED UTILITIES PLAN SHALL SUBMITTED TO AND APPROVED BY THE PUBLIC WORKS DIRECTOR PRIOR TO CONSTRUCTION.
MIXED-USE BUILDING (GROUND FLOOR RETAIL,
9 APARTMENTS ABOVE) [MU1-MU4]
19. ALL MARINA SLIPS WILL HAVE FIRE ACCESS.
20. ALL APPLICABLE CITY, STATE, AND FEDERAL PERMITS SHALL BE GRANTED PRIOR TO CONSTRUCTION OF IMPACTED SITE FEATURES.
20 BOAT HOIST/WASH STATION AREA 29 GAS DOCK AND SERVICE OFFICE
October 26, 2023 North 0’ 75’ 150’ 300’ Scale: 1”=150’
WINDWARD POINTE
FINAL PUD PLAN - PUBLIC AMENITY & PEDESTRIAN CIRCULATION EXHIBIT
project number: 23201268
23201268-20231020-PREL2_converted 10/26/2023 @ 12:00 am
MUSKEGON LAKE NOTE: AT THE DEVELOPER’S DISCRETION, THE EXISTING
POND MAY CONNECT TO MUSKEGON LAKE (I.E. LAND BERM
REMOVED) SUBJECT TO E.G.L.E. AND A.C.E. APPROVAL
P7 16
16 P8 P9
19 2
2
16
3
P2 TRANSIENT/VISITO
R DOCKING 3
P6
POTENTIAL CRUISE
SHIP DOCKING (AT
27 PIER 1 DISCRETION OF DE THE 17
VELOPER)
P12
WATER TAXI
PICK-UP TRANSIENT/VISITO
R DOCKING
16 M42 M43 M44
M41 M45
P10
22 M46 M47
4 M48
60’ SLIPS 16 23
P3 3 P4
P11
M20
M19 M21 M40 M49
PIER 2
24
12
3
M22 M50
50’ SLIPS 3 M39
13 M18
M2
PIER 3 M1 3
P5 M23 M38
M51
M17
M3 16 A21
45’ SLIPS
4 A22 A20 M52
M24
17
M37 5 A19
R16-
PIER 4
M4
M16 7
M53
2
P13
5
0-1
M25
1
M36
8-2
R1
40’ SLIPS M8
R1
R1-3 R4-6 M5 M9
R7-9 M15
3
5
2-2
PIER 5 M6 18 M7 M26 M35 M54
R2
R34-35 R30-33 R2 M10 A16
6-29 8
M14 A17 A18
50’ SLIPS
M11 4 M27 M34 M55
29 M13
M12 15
12
21 MU4 MU3
28
P1
A7
10 7
A6 M28 M56
P14
11 A5 18 M33
20 A15 A14
17 25 9 9 5 A13 A12 4
M57
MU1 MU2 M29 M32
A1 A2 6 A3 M30 M31
A4 14
P15
18 A8 A9 7 A10
26 1 A11
P15 18
1
LAKESHORE DRIVE
ET
1 26
RE
LAURUE STREET
SHERIN STREET
LEBOEUF STREET
LINCOLN STREET
K ST
AR M
DEN
HARRISON AVENUE
LEGEND SUMMARY OF LAND USE SITE REGULATING STANDARDS GENERAL NOTES
1. SPEED LIMITS THROUGHOUT THE PROPOSED DEVELOPMENT WILL BE A MAXIMUM OF 15 MPH.
1 SITE ENTRANCE
10
IN-OUT DRY BOAT STORAGE (155’ X 720’ BUILDING STAGING SLIPS FOR IN/OUT SERVICE AND GAS DOCK / SITE LOCATION: 2400 & 2850 LAKESHORE DR. MUSKEGON, MICHIGAN MULTIPLE FAMILY BUILDINGS [A1-A22] ALIGNED LOTS [34’ X 150’ TYP.]
2. TYPICAL STREET TREE SPACING WILL BE 35 FT. TO 45 FT. ON CENTER, DEPENDING ON SPECIES AND SITE CONSTRAINTS (E.G. CONFLICTS WITH
WITH APPROXIMATELY 350 STORAGE SPACES) 21 PUMP OUT DOCK 1. ALLOWABLE USES: MULTIPLE FAMILY DWELLINGS (APARTMENTS OF CONDOMINIUMS), 1. ALLOWABLE USES: DETACHED SINGLE FAMILY DWELLING
UTILITIES, STREET LIGHTS, DRIVEWAYS, ETC.)
SITE AREA = 122.94 AC. SENIOR LIVING FACILITY, AND PERMITTED USES WITHIN THE B-2 DISTRICT AT GROUND 2. MAXIMUM BUILDING HEIGHT = 3 STORIES PLUS BASEMENT
3. WAYFINDING SIGNAGE WILL BE STRATEGICALLY PLACED THROUGHOUT THE DEVELOPMENT TO DIRECT PEDESTRIANS TO SITE FEATURES
FLOOR OF BUILDINGS A1-A4 3. SETBACKS
2 SINGLE FAMILY STAGGERED LOT (26’-22’ X 205’ TYP.) - 11 MARINA RESTROOMS
EXISTING ZONING = I-2 (GENERAL INDUSTRIAL) 2. MAXIMUM BUILDING HEIGHT = 6 STORIES OR 90 FT., WHICHEVER IS LESS FRONT YARD = 22 FT. MIN.
INCLUDING KAYAK LAUNCHES, NATURAL FEATURES, TRAILS, FISHING PLATFORMS, PARKS, CLUBHOUSES, BIKE PATHS, RETAIL CORRIDOR(S), DOG
MAY BE COMBINED TO CREATE LARGER WATERFRONT
22 FENCED DOG PARK AND POLLINATOR GARDEN AREA
3. MINIMUM BUILDING TO BUILDING SEPARATION [FOUNDATION WALL TO FOUNDATION SIDE YARD = 5 FT. MIN.
4.
PARKS, ETC.
OUTDOOR ENTERTAINMENT AT THE RESTAURANT AND OTHER PUBLIC SPACES WILL BE ALLOWED BETWEEN THE HOURS OF 10 A.M. AND 11 P.M AND
LOTS
PROPOSED ZONING = PUD (PLANNED UNIT DEVELOPMENT) WALL] = 25 FT. REAR YARD = 15 FT. MIN. FROM O.H.W.M.
12 CLUBHOUSES WITH POOLS AND SPORT COURTS
4. MINIMUM DISTANCE TO AJACENT ROADS (EXCLUDES PARKING DRIVE AISLES) = 25 FT. 5.
NOT PERMITTED BETWEEN 11PM AND 10AM.
THERE WILL BE NO GATES OR FENCES WITHIN THE DEVELOPMENT EXCEPT FOR PIERS 2, 3, 4, AND 5; DOG PARKS; SPORT COURTS; PLAYGROUNDS,
23 PLAYGROUND PROPOSED DWELLINGS STAGGERED LOTS [22’-26’ X 205’ TYP.]
POOLS; DUMPSTER ENCLOSURES; AND ABOVE GROUND UTILITY SCREENING.
3 SINGLE FAMILY ALIGNED LOT (34’ X 150’ TYP.) - MAY BE 26’/22’X205’ LOTS = 108 DWELLINGS ROWHOUSES [R1-R35] 1. ALLOWABLE USES: DETACHED SINGLE FAMILY DWELLING
6. ALL PUBLIC AMENITY AREAS WILL BE OWNED AND MAINTAINED BY THE DEVELOPMENT ASSOCIATION IN PERPETUITY AS A MEANS OF MAINTAINING A
COMBINED TO CREATE LARGER WATERFRONT LOTS CLUBHOUSE WITH RESTAURANT,EVENT SPACE, 34’X150’ LOTS = 115 DWELLINGS 1. ALLOWABLE USES: ATTACHED SINGLE FAMILY DWELLINGS 2. MAXIMUM BUILDING HEIGHT = 3 STORIES PLUS BASEMENT
13 POOL, AND PUBLIC RESTROOMS WOODLAND PRESERVATION AREA AND ON-LEASH DOG “MANSION” LOT DWELLINGS = UP TO 684 DWELLINGS (57 BLDGS) 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS 3. SETBACKS
HIGH LEVEL OF CARE AND LESSENING THE BURDEN ON PUBLICLY FUNDED CITY AGENCIES.
24 PARK MULTIPLE-FAMILY APTS/CONDOS = UP TO 1,320 DWELLINGS (22 BLDGS) 3. MINIMUM BUILDING TO BUILDING SEPARATION [FOUNDATION WALL TO FOUNDATION FRONT YARD = 22 FT. MIN.
7. FINAL DUMPSTER ENCLOSURE LOCATIONS SHALL BE REVIEWED AND APPROVED BY CITY OF MUSKEGON STAFF.
8. SNOW SHALL BE STORED IN DESIGNATED AREAS, AS SPECIFIED BY CITY OF MUSKEGON MAINTENANCE PERSONNEL OR REMOVED FROM THE SITE
10-12 UNIT FRONT-LOADED CONDO OR APARTMENT 18’ X 40’ TOWNHOMES = 35 UNITS (10 BLDGS) WALL] = 16 FT. SIDE YARD = 0 FT. MIN.
4 MIXED-USE APARTMENTS = 55 DWELLINGS (4 BLDGS) 4. MINIMUM DISTANCES TO ADJACENT ROAD OR SIDEWALK = 10 FT. REAR YARD = 15 FT. MIN. FROM O.H.W.M.
AS NEEDED.
“MANSION” LOTS (100’ X 150’ TYP.) 14 RETAIL BUILDING 9. BIKE PARKING SHALL BE PROVIDED AT RETAIL CORRIDOR(S), CLUBHOUSES, AND VARIOUS PUBIC SPACES THROUGHOUT THE DEVELOPMENT. FINAL
25 FUTURE RESTAURANT
PROPOSED DENSITY = 18.8 D.U./AC. FRONT-LOADED MANSION LOTS [M1-M20 & M41-M57] CLUBHOUSE [SITE FEATURES 12 AND 13 ON THE PLAN]
LOCATIONS AND DESIGN OF BIKE PARKING FACILITIES TO BE COORDINATED WITH CITY OF MUSKEGON STAFF.
10. PROPOSED LIGHTING SHALL CONSIST OF WALL-MOUNTED LIGHTS AND LIGHT POLES BOTH FITTED WITH DOWN CAST TYPE FIXTURES TO BE
1. ALLOWABLE USES: MULTIPLE FAMILY DWELLING 1. ALLOWABLE USES: COMMUNITY CENTER; EVENT CENTER RECREATION CENTER;
5
10-12 UNIT REAR-LOADED CONDO OR APARTMENT 15 PUBLIC NATURE VIEW BOARDWALK
RETAIL/OFFICE SPACE (MU1-MU4) = 42,780 SQ.FT. 2. MAXIMUM BUILDING HEIGHT = 5 STORIES OR 80 FT., WHICHEVER IS LESS RESTAURANT, COCKTAIL LOUNGE, AND BREWPUB; AND MUSIC VENUE (INDOOR AND
SPECIFIED BY LIGHTING CONSULTANT. LIGHTING SHALL BE COORIDNATED WITH CITY STAFF TO CLUSTER IN DESIRED HIGH TRAFFIC PUBLIC AREAS.
“MANSION” LOTS (100’ X 115’ TYP.) TRAFFIC CALMING STREET TREATMENTS (E.G. ALL LIGHTING SHALL BE SHIELDED FROM ADJACENT PROPERTIES.
(NOT INLCUDING FUTURE IMPROVEMENTS) 3. SETBACKS OUTDOOR)
11. GROUND FLOOR LEVELS OF BUILDINGS A1-A4 ARE INTENDED TO BE REPURPOSED AS ADDITIONAL RETAIL OR OFFICE SPACE AS NEEDED PER
26 ROUNDABOUT, SIGNALIZED BIKE CROSSING) TO BE FRONT YARD = 22 FT. MIN. (15 FT. MIN. ON SECONDARY FRONT YARD OF CORNER 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS
MARKET CONDITIONS. THE CONVERSION OF GROUND FLOOR USES WILL BEGIN AT BUILDING A1 AND EXTEND TO THE EAST SEQUENTIALLY ENDING
PUBLIC PARKLET WITH WATERFRONT ACCESS AND COORDINATED WITH CITY OF MUSKEGON 3. MINIMUM DISTANCE TO OHWM = 15 FT.
4 TO 6-STORY APARTMENT OR CONDO BUILDING WITH 16 FISHING DOCK
BOAT STORAGE = 111,600 SQ.FT. (350 SPACES) LOTS)
SIDE YARD = 5 FT. MIN. 4. MINIMUM DISTANCE FROM ADJACENT LOT LINES = 15 FT.
AT BUILDING A4.
12. AREAS P7 AND P8 WILL NOT ALLOW FOR FISHING IF ADJACENT WATERS ARE FOUND TO BE UNSUITABLE BY ENVIRONMENTAL SPECIALISTS.
6 GROUND FLOOR PARKING OR POSSIBLE FUTURE BOAT DOCKING SPACES = 251 REAR YARD = 15 FT. MIN. 13. TOPOGRAPHICAL REQUIREMENT PER 2101.3.E, EXISTING TOPOGRAPHY IS DEPICTED WITH CONTOURS AT 1-FT INTERVALS ON THE EXISTING
GROUND FLOOR RETAIL [BUILDINGS A1-A4] BREAK WALL/WAVE ATTENUATOR WITH PUBLIC WALKING 118’ SLIP = 1 SLIP MIXED USE [MU1-MU4]
CONDITIONS PLAN. FINAL TOPOGRAPHIC CHANGES SHALL BE IN COMPLIANCE WITH EGLE DUE CARE PLAN CRITERIA. AREAS OF FILL MUST BE
17 PUBLIC PARKLET WITH BOARDWALK, FISHING PATH, FISHING PLATFORM AND TRANSIENT/VISITOR/ 103’ SLIP = 1 SLIP REAR-LOADED MANSION LOTS [M21-M40] 1. ALLOWABLE USES: GROUND FLOOR - PERMITTED USES IN THE B-2 DISTRICT, UPPER LEVELS
COMPACTED TO DENSITY SPECIFIED BY GEOTECH CONSULTANT.
PLATFORM, AND KAYAK LAUNCH 27 SHOPPER DOCKING ON NORTH AND SOUTH SIDES OF 98’ SLIP = 1 SLIP 1. ALLOWABLE USES: MULTIPLE FAMILY DWELLING - MULTIPLE FAMILY DWELLINGS
14. THE PROJECT WILL BE SERVED BY PUBLIC WATERMAIN, PUBLIC SANITARY SEWER, AND PUBLIC AND PRIVATE STORMWATER MANAGEMENT
4 TO 6-STORY APARTMENT OR CONDO BUILDING WITH 93’ SLIPS = 1 SLIP 2. MAXIMUM BUILDING HEIGHT = 5 STORIES OR 80 FT., WHICHEVER IS LESS 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS
PIER SYSTEMS. WATERMAIN, SANITARY SEWER, AND STORMWATER MANAGEMENT MEASURES SHALL MEET CITY, COUNTY, AND STATE OF MICHIGAN
7 GROUND FLOOR PARKING [BUILDINGS A5-A22] 60’ SLIPS = 24 SLIPS 3. SETBACKS 3. MINIMUM DISTANCE FROM ADJACENT LOT LINES = 15 FT.
REQUIREMENTS. “DRY UTILITIES,” WHICH INCLUDE ELECTRIC SERVICE, TELECOMMUNICATIONS, AND NATURAL GAS, WILL BE WILL BE INSTALLED
50’ SLIPS = 77 SLIPS FRONT YARD = 12 FT. TO 20 FT. MIN. BUILD-TO-LINE (15 FT. MIN. SETBACK ON
18 MULTI-MODAL TRAIL CONNECTOR
45’ SLIPS = 54 SLIPS SECONDARY FRONT YARD OF CORNER LOTS) BOAT STORAGE BUILDING
15.
UNDERGROUND AND WILL BE PROVIDED TO EACH SITE.
A TRAFFIC STUDY SHALL BE CONDUCTED AND REVIEWED BY THE PUBLIC WORKS DIRECTOR PRIOR TO CONSTRUCTION.
POSSIBLE FUTURE 1 TO 3-STORY RETAIL/OFFICE STACK, 40’ SLIPS = 56 SLIPS SIDE YARD = 5 FT. MIN. 1. ALLOWABLE USES: BOAT STORAGE AND SIMILAR OR ACCESSORY USE, PREMITTED USES
8 REAR LOAD ROWHOUSES (18’ X 40’ TYP.) [R1-R35]
28
WHICH MAY INCLUDE COFFEE SHOP, SANDWICH SHOP, TRANSIENT/VISITOR/SHOPPER DOCKING SPACES = 1400 LINEAR FEET REAR YARD = 1 FT. MIN. WITHIN THE B-2 DISTRICT
16.
17.
A STORMWATER PERMIT SHALL BE OBTAINED FROM THE ENGINEERING DEPARTMENT PRIOR TO CONSTRUCTION.
A LANDSCAPE MANAGEMENT PLAN FOR A NATIVE VEGETATION PLANTING ZONE AROUND THE WATERFRONT HOMES, PATHS AND PATIOS WITHIN 30
19 POOL AND RESTROOM BUILDING FOR WINDWARD CONVENIENCE STORE, SHIP STORE, MARINA OFFICE, AND/ 2. MAXIMUM BUILDING HEIGHT = 50 FT.
FEET OF THE O.HW.M. SHALL BE SUBMITTED BY THE DEVELOPER AND APPROVED BY THE PUBLIC WORKS DIRECTOR.
POINTE RESIDENTS OR ROOFTOP DECK.
18. A PROPOSED UTILITIES PLAN SHALL SUBMITTED TO AND APPROVED BY THE PUBLIC WORKS DIRECTOR PRIOR TO CONSTRUCTION.
MIXED-USE BUILDING (GROUND FLOOR RETAIL,
9 APARTMENTS ABOVE) [MU1-MU4]
19. ALL MARINA SLIPS WILL HAVE FIRE ACCESS.
20. ALL APPLICABLE CITY, STATE, AND FEDERAL PERMITS SHALL BE GRANTED PRIOR TO CONSTRUCTION OF IMPACTED SITE FEATURES.
20 BOAT HOIST/WASH STATION AREA 29 GAS DOCK AND SERVICE OFFICE
October 26, 2023 North 0’ 75’ 150’ 300’ Scale: 1”=150’
WINDWARD POINTE
FINAL PUD PLAN - PUBLIC AREA & PEDESTRIAN CIRCULATION EXHIBIT
project number: 23201268
23201268-20231020-PREL2_converted 10/26/2023 @ 12:00 am
MUSKEGON LAKE NOTE: AT THE DEVELOPER’S DISCRETION, THE EXISTING
POND MAY CONNECT TO MUSKEGON LAKE (I.E. LAND BERM
REMOVED) SUBJECT TO E.G.L.E. AND A.C.E. APPROVAL
P7 16
16 P8 P9
19 2
2
16
3
P2 TRANSIENT/VISITO
POTENTIAL CRUISE
R DOCKING
SHIP DOCKING (AT
3
27 PIER 1 THE 17
P12
DISCRETION OF DE
WATER TAXI VELOPER)
P4
PICK-UP TRANSIENT/VISITO
R DOCKING
16 M42 M43 M44
P10 22 M41 M45 M46 M47
P6
4 M48
60’ SLIPS 16 23
PIER 2
P3 3
M19
M20
M21 M40 P11 M49
24
12
3
50’ SLIPS M22 M50
3 M39
13 M18
P5
M2
PIER 3 M1 3 M51
M23 M38
M17
45’ SLIPS M3 16 A21
4 A22 A20 M52
M24
17
M37 5 A19
P13
R16-
M16 2
PIER 4 7
M4
M53
5
0-1
M25
1
M36
8-2
R1
40’ SLIPS
M8
R1
R1-3 R4-6 M5 M9
R7-9 M15
3
5
2-2
PIER 5 M6 18 M7 M26 M35 M54
R2
R34-35 R30-33 R2 M10 A16
6-29 8
M14 A17 A18
50’ SLIPS
M11 4 M27 M34 M55
29 M13
M12 15
12
21 MU4 MU3
28
P1 10
A7
7
A6 M56
P14
11 M28
A5 18 M33
20 A15 A14
17 25 9 9 5 A13 A12 4
M57
MU1 MU2 M29 M32
A1 A2 6 A3 M30 M31
A4
P15
18 14
A8 A9 7 A10 A11
26
P15
1
18
LAKESHORE DRIVE 1
ET
1 26
RE
LAURUE STREET
SHERIN STREET
LEBOEUF STREET
LINCOLN STREET
K ST
AR M
DEN
HARRISON AVENUE
LEGEND SUMMARY OF LAND USE SITE REGULATING STANDARDS GENERAL NOTES
1. SPEED LIMITS THROUGHOUT THE PROPOSED DEVELOPMENT WILL BE A MAXIMUM OF 15 MPH.
1 SITE ENTRANCE
10
IN-OUT DRY BOAT STORAGE (155’ X 720’ BUILDING STAGING SLIPS FOR IN/OUT SERVICE AND GAS DOCK / SITE LOCATION: 2400 & 2850 LAKESHORE DR. MUSKEGON, MICHIGAN MULTIPLE FAMILY BUILDINGS [A1-A22] ALIGNED LOTS [34’ X 150’ TYP.]
2. TYPICAL STREET TREE SPACING WILL BE 35 FT. TO 45 FT. ON CENTER, DEPENDING ON SPECIES AND SITE CONSTRAINTS (E.G. CONFLICTS WITH
WITH APPROXIMATELY 350 STORAGE SPACES) 21 PUMP OUT DOCK 1. ALLOWABLE USES: MULTIPLE FAMILY DWELLINGS (APARTMENTS OF CONDOMINIUMS), 1. ALLOWABLE USES: DETACHED SINGLE FAMILY DWELLING
UTILITIES, STREET LIGHTS, DRIVEWAYS, ETC.)
SITE AREA = 122.94 AC. SENIOR LIVING FACILITY, AND PERMITTED USES WITHIN THE B-2 DISTRICT AT GROUND 2. MAXIMUM BUILDING HEIGHT = 3 STORIES PLUS BASEMENT
3. WAYFINDING SIGNAGE WILL BE STRATEGICALLY PLACED THROUGHOUT THE DEVELOPMENT TO DIRECT PEDESTRIANS TO SITE FEATURES
FLOOR OF BUILDINGS A1-A4 3. SETBACKS
2 SINGLE FAMILY STAGGERED LOT (26’-22’ X 205’ TYP.) - 11 MARINA RESTROOMS
EXISTING ZONING = I-2 (GENERAL INDUSTRIAL) 2. MAXIMUM BUILDING HEIGHT = 6 STORIES OR 90 FT., WHICHEVER IS LESS FRONT YARD = 22 FT. MIN.
INCLUDING KAYAK LAUNCHES, NATURAL FEATURES, TRAILS, FISHING PLATFORMS, PARKS, CLUBHOUSES, BIKE PATHS, RETAIL CORRIDOR(S), DOG
MAY BE COMBINED TO CREATE LARGER WATERFRONT
22 FENCED DOG PARK AND POLLINATOR GARDEN AREA
3. MINIMUM BUILDING TO BUILDING SEPARATION [FOUNDATION WALL TO FOUNDATION SIDE YARD = 5 FT. MIN.
4.
PARKS, ETC.
OUTDOOR ENTERTAINMENT AT THE RESTAURANT AND OTHER PUBLIC SPACES WILL BE ALLOWED BETWEEN THE HOURS OF 10 A.M. AND 11 P.M AND
LOTS
PROPOSED ZONING = PUD (PLANNED UNIT DEVELOPMENT) WALL] = 25 FT. REAR YARD = 15 FT. MIN. FROM O.H.W.M.
12 CLUBHOUSES WITH POOLS AND SPORT COURTS
4. MINIMUM DISTANCE TO AJACENT ROADS (EXCLUDES PARKING DRIVE AISLES) = 25 FT. 5.
NOT PERMITTED BETWEEN 11PM AND 10AM.
THERE WILL BE NO GATES OR FENCES WITHIN THE DEVELOPMENT EXCEPT FOR PIERS 2, 3, 4, AND 5; DOG PARKS; SPORT COURTS; PLAYGROUNDS,
23 PLAYGROUND PROPOSED DWELLINGS STAGGERED LOTS [22’-26’ X 205’ TYP.]
POOLS; DUMPSTER ENCLOSURES; AND ABOVE GROUND UTILITY SCREENING.
3 SINGLE FAMILY ALIGNED LOT (34’ X 150’ TYP.) - MAY BE 26’/22’X205’ LOTS = 108 DWELLINGS ROWHOUSES [R1-R35] 1. ALLOWABLE USES: DETACHED SINGLE FAMILY DWELLING
6. ALL PUBLIC AMENITY AREAS WILL BE OWNED AND MAINTAINED BY THE DEVELOPMENT ASSOCIATION IN PERPETUITY AS A MEANS OF MAINTAINING A
COMBINED TO CREATE LARGER WATERFRONT LOTS CLUBHOUSE WITH RESTAURANT,EVENT SPACE, 34’X150’ LOTS = 115 DWELLINGS 1. ALLOWABLE USES: ATTACHED SINGLE FAMILY DWELLINGS 2. MAXIMUM BUILDING HEIGHT = 3 STORIES PLUS BASEMENT
13 POOL, AND PUBLIC RESTROOMS WOODLAND PRESERVATION AREA AND ON-LEASH DOG “MANSION” LOT DWELLINGS = UP TO 684 DWELLINGS (57 BLDGS) 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS 3. SETBACKS
HIGH LEVEL OF CARE AND LESSENING THE BURDEN ON PUBLICLY FUNDED CITY AGENCIES.
24 PARK MULTIPLE-FAMILY APTS/CONDOS = UP TO 1,320 DWELLINGS (22 BLDGS) 3. MINIMUM BUILDING TO BUILDING SEPARATION [FOUNDATION WALL TO FOUNDATION FRONT YARD = 22 FT. MIN.
7. FINAL DUMPSTER ENCLOSURE LOCATIONS SHALL BE REVIEWED AND APPROVED BY CITY OF MUSKEGON STAFF.
8. SNOW SHALL BE STORED IN DESIGNATED AREAS, AS SPECIFIED BY CITY OF MUSKEGON MAINTENANCE PERSONNEL OR REMOVED FROM THE SITE
10-12 UNIT FRONT-LOADED CONDO OR APARTMENT 18’ X 40’ TOWNHOMES = 35 UNITS (10 BLDGS) WALL] = 16 FT. SIDE YARD = 0 FT. MIN.
4 MIXED-USE APARTMENTS = 55 DWELLINGS (4 BLDGS) 4. MINIMUM DISTANCES TO ADJACENT ROAD OR SIDEWALK = 10 FT. REAR YARD = 15 FT. MIN. FROM O.H.W.M.
AS NEEDED.
“MANSION” LOTS (100’ X 150’ TYP.) 14 RETAIL BUILDING 9. BIKE PARKING SHALL BE PROVIDED AT RETAIL CORRIDOR(S), CLUBHOUSES, AND VARIOUS PUBIC SPACES THROUGHOUT THE DEVELOPMENT. FINAL
25 FUTURE RESTAURANT
PROPOSED DENSITY = 18.8 D.U./AC. FRONT-LOADED MANSION LOTS [M1-M20 & M41-M57] CLUBHOUSE [SITE FEATURES 12 AND 13 ON THE PLAN]
LOCATIONS AND DESIGN OF BIKE PARKING FACILITIES TO BE COORDINATED WITH CITY OF MUSKEGON STAFF.
10. PROPOSED LIGHTING SHALL CONSIST OF WALL-MOUNTED LIGHTS AND LIGHT POLES BOTH FITTED WITH DOWN CAST TYPE FIXTURES TO BE
1. ALLOWABLE USES: MULTIPLE FAMILY DWELLING 1. ALLOWABLE USES: COMMUNITY CENTER; EVENT CENTER RECREATION CENTER;
5
10-12 UNIT REAR-LOADED CONDO OR APARTMENT 15 PUBLIC NATURE VIEW BOARDWALK
RETAIL/OFFICE SPACE (MU1-MU4) = 42,780 SQ.FT. 2. MAXIMUM BUILDING HEIGHT = 5 STORIES OR 80 FT., WHICHEVER IS LESS RESTAURANT, COCKTAIL LOUNGE, AND BREWPUB; AND MUSIC VENUE (INDOOR AND
SPECIFIED BY LIGHTING CONSULTANT. LIGHTING SHALL BE COORIDNATED WITH CITY STAFF TO CLUSTER IN DESIRED HIGH TRAFFIC PUBLIC AREAS.
“MANSION” LOTS (100’ X 115’ TYP.) TRAFFIC CALMING STREET TREATMENTS (E.G. ALL LIGHTING SHALL BE SHIELDED FROM ADJACENT PROPERTIES.
(NOT INLCUDING FUTURE IMPROVEMENTS) 3. SETBACKS OUTDOOR)
11. GROUND FLOOR LEVELS OF BUILDINGS A1-A4 ARE INTENDED TO BE REPURPOSED AS ADDITIONAL RETAIL OR OFFICE SPACE AS NEEDED PER
26 ROUNDABOUT, SIGNALIZED BIKE CROSSING) TO BE FRONT YARD = 22 FT. MIN. (15 FT. MIN. ON SECONDARY FRONT YARD OF CORNER 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS
MARKET CONDITIONS. THE CONVERSION OF GROUND FLOOR USES WILL BEGIN AT BUILDING A1 AND EXTEND TO THE EAST SEQUENTIALLY ENDING
PUBLIC PARKLET WITH WATERFRONT ACCESS AND COORDINATED WITH CITY OF MUSKEGON 3. MINIMUM DISTANCE TO OHWM = 15 FT.
4 TO 6-STORY APARTMENT OR CONDO BUILDING WITH 16 FISHING DOCK
BOAT STORAGE = 111,600 SQ.FT. (350 SPACES) LOTS)
SIDE YARD = 5 FT. MIN. 4. MINIMUM DISTANCE FROM ADJACENT LOT LINES = 15 FT.
AT BUILDING A4.
12. AREAS P7 AND P8 WILL NOT ALLOW FOR FISHING IF ADJACENT WATERS ARE FOUND TO BE UNSUITABLE BY ENVIRONMENTAL SPECIALISTS.
6 GROUND FLOOR PARKING OR POSSIBLE FUTURE BOAT DOCKING SPACES = 251 REAR YARD = 15 FT. MIN. 13. TOPOGRAPHICAL REQUIREMENT PER 2101.3.E, EXISTING TOPOGRAPHY IS DEPICTED WITH CONTOURS AT 1-FT INTERVALS ON THE EXISTING
GROUND FLOOR RETAIL [BUILDINGS A1-A4] BREAK WALL/WAVE ATTENUATOR WITH PUBLIC WALKING 118’ SLIP = 1 SLIP MIXED USE [MU1-MU4]
CONDITIONS PLAN. FINAL TOPOGRAPHIC CHANGES SHALL BE IN COMPLIANCE WITH EGLE DUE CARE PLAN CRITERIA. AREAS OF FILL MUST BE
17 PUBLIC PARKLET WITH BOARDWALK, FISHING PATH, FISHING PLATFORM AND TRANSIENT/VISITOR/ 103’ SLIP = 1 SLIP REAR-LOADED MANSION LOTS [M21-M40] 1. ALLOWABLE USES: GROUND FLOOR - PERMITTED USES IN THE B-2 DISTRICT, UPPER LEVELS
COMPACTED TO DENSITY SPECIFIED BY GEOTECH CONSULTANT.
PLATFORM, AND KAYAK LAUNCH 27 SHOPPER DOCKING ON NORTH AND SOUTH SIDES OF 98’ SLIP = 1 SLIP 1. ALLOWABLE USES: MULTIPLE FAMILY DWELLING - MULTIPLE FAMILY DWELLINGS
14. THE PROJECT WILL BE SERVED BY PUBLIC WATERMAIN, PUBLIC SANITARY SEWER, AND PUBLIC AND PRIVATE STORMWATER MANAGEMENT
4 TO 6-STORY APARTMENT OR CONDO BUILDING WITH 93’ SLIPS = 1 SLIP 2. MAXIMUM BUILDING HEIGHT = 5 STORIES OR 80 FT., WHICHEVER IS LESS 2. MAXIMUM BUILDING HEIGHT = 3 STORIES OR 50 FT., WHICHEVER IS LESS
PIER SYSTEMS. WATERMAIN, SANITARY SEWER, AND STORMWATER MANAGEMENT MEASURES SHALL MEET CITY, COUNTY, AND STATE OF MICHIGAN
7 GROUND FLOOR PARKING [BUILDINGS A5-A22] 60’ SLIPS = 24 SLIPS 3. SETBACKS 3. MINIMUM DISTANCE FROM ADJACENT LOT LINES = 15 FT.
REQUIREMENTS. “DRY UTILITIES,” WHICH INCLUDE ELECTRIC SERVICE, TELECOMMUNICATIONS, AND NATURAL GAS, WILL BE WILL BE INSTALLED
50’ SLIPS = 77 SLIPS FRONT YARD = 12 FT. TO 20 FT. MIN. BUILD-TO-LINE (15 FT. MIN. SETBACK ON
18 MULTI-MODAL TRAIL CONNECTOR
45’ SLIPS = 54 SLIPS SECONDARY FRONT YARD OF CORNER LOTS) BOAT STORAGE BUILDING
15.
UNDERGROUND AND WILL BE PROVIDED TO EACH SITE.
A TRAFFIC STUDY SHALL BE CONDUCTED AND REVIEWED BY THE PUBLIC WORKS DIRECTOR PRIOR TO CONSTRUCTION.
POSSIBLE FUTURE 1 TO 3-STORY RETAIL/OFFICE STACK, 40’ SLIPS = 56 SLIPS SIDE YARD = 5 FT. MIN. 1. ALLOWABLE USES: BOAT STORAGE AND SIMILAR OR ACCESSORY USE, PREMITTED USES
8 REAR LOAD ROWHOUSES (18’ X 40’ TYP.) [R1-R35]
28
WHICH MAY INCLUDE COFFEE SHOP, SANDWICH SHOP, TRANSIENT/VISITOR/SHOPPER DOCKING SPACES = 1400 LINEAR FEET REAR YARD = 1 FT. MIN. WITHIN THE B-2 DISTRICT
16.
17.
A STORMWATER PERMIT SHALL BE OBTAINED FROM THE ENGINEERING DEPARTMENT PRIOR TO CONSTRUCTION.
A LANDSCAPE MANAGEMENT PLAN FOR A NATIVE VEGETATION PLANTING ZONE AROUND THE WATERFRONT HOMES, PATHS AND PATIOS WITHIN 30
19 POOL AND RESTROOM BUILDING FOR WINDWARD CONVENIENCE STORE, SHIP STORE, MARINA OFFICE, AND/ 2. MAXIMUM BUILDING HEIGHT = 50 FT.
FEET OF THE O.HW.M. SHALL BE SUBMITTED BY THE DEVELOPER AND APPROVED BY THE PUBLIC WORKS DIRECTOR.
POINTE RESIDENTS OR ROOFTOP DECK.
18. A PROPOSED UTILITIES PLAN SHALL SUBMITTED TO AND APPROVED BY THE PUBLIC WORKS DIRECTOR PRIOR TO CONSTRUCTION.
MIXED-USE BUILDING (GROUND FLOOR RETAIL,
9 APARTMENTS ABOVE) [MU1-MU4]
19. ALL MARINA SLIPS WILL HAVE FIRE ACCESS.
20. ALL APPLICABLE CITY, STATE, AND FEDERAL PERMITS SHALL BE GRANTED PRIOR TO CONSTRUCTION OF IMPACTED SITE FEATURES.
20 BOAT HOIST/WASH STATION AREA 29 GAS DOCK AND SERVICE OFFICE
October 26, 2023 North 0’ 75’ 150’ 300’ Scale: 1”=150’
WINDWARD POINTE
FINAL PUD PLAN
project number: 23201268
O.H.W.M.
26.00 22.00
FROM
ALLEY
15.0'
O.H.W.M.
26.00 22.00
FROM
15.0'
SETBACK
YARD
REAR
15.0'
60.00
60.00
102.5
TYP.
O.H.W.M.
FROM
15.0'
O.H.W.M.
100.0 TYP.
FROM
60.00
15.0'
60.00
102.5
TYP.
34.0 34.0
ALLEY
90.0
34.0 34.0
WALK
MIN. MIN. 24.00 24.00
7.0'
MIN. MIN.
5.0'
24.00 24.00 SIDE 2.0
5.0' YARD
SIDE 5.0'
WALK
SETBACK
2.0 SIDE
7'
90.0
SETBACK
YARD
150.0 TYP.
YARD
REAR
94.0
94.0
SETBACK YARD
1.0'
SETBACK
115.0 TYP.
60.00
60.00
94.0
150.0
MIN.
150.0
MIN.
94.0 102.5
TYP.
5.0'
60.00
60.00
90.0 SIDE
94.0
102.5
TYP.
YARD
SETBACK 24.00 24.00
SETBACK
BUILD TO LINE
SETBACK
FRONT
YARD
FRONT
YARD
22.0'
24.00 24.00
22.0'
12' - 20'
22.00 26.00 90.0
SETBACK
FRONT
SETBACK
YARD
34.0 34.0
22.0'
SETBACK
FRONT
YARD
FRONT
22.0'
YARD
34.0 34.0
22.0'
MIN. MIN. 22.00 26.00 100.0 TYP.
MIN. MIN.
INTERIOR GROUND FLOOR PARKING
POSSIBLE ON-STREET PARKING
PUBLIC ROAD PUBLIC ROAD
PUBLIC ROAD PUBLIC ROAD
PUBLIC ROAD PUBLIC ROAD (2) DRIVEWAY SPACES PUBLIC ROAD
34’ X 150’ LOTS 26’/22’ X 205’ LOTS FRONT-LOADED CONDO OR APT. “MANSION” LOTS REAR-LOADED CONDO OR APT. “MANSION” LOTS
3 STORY WITH BASEMENT 3 STORY WITH BASEMENT 3 TO 5 STORY STRUCTURES 3 TO 5 STORY STRUCTURES
TYPICAL LOT CONFIGURATIONS
N.T.S.
40 FT. TO 50 FT. PUBLIC R.O.W.
CONCRETE CURB PER 22 FT. - 24 FT. STREET SURFACE CONCRETE CURB PER
CITY SPECIFICATIONS 32 FT. WITH ONE-SIDE PARALLEL PARKING CITY SPECIFICATIONS
40 FT. WITH TWO-SIDE PARALLEL PARKING
BIOSWALE BIOSWALE
PLANTING AREA ASPHALT PAVING PER PLANTING AREA
CITY SPECIFICATIONS
2% SLOPE 2% SLOPE 50' @ 1.0%
PROP. CONCRETE SIDEWALK PROP. CONCRETE SIDEWALK
(WHERE APPLICABLE) (WHERE APPLICABLE)
MAY BE INSIDE R.O.W. OR IN 3.3' MAY BE INSIDE R.O.W. OR IN
MIN.
5'-9" MIN.
EASEMENT OUTSIDE R.O.W. 0.02'/ FT. 0.02'/ FT. EASEMENT OUTSIDE R.O.W.
AS NEEDED CLASS II GRANULAR AS NEEDED
MATERIAL COMPACTED
22-A GRAVEL
2.5' MIN.
CLASS II BACKFILL AND SUBBASE
3FT SEDIMENT
SANITARY
6" MIN. PERFORATED STORM SEWER (WHERE REQUIRED)
SEWER
TREATMENT
ALLEY GEOTEXTILE WRAPPED
UNDERDRAIN. (TYP.) SUMP 3FT SEDIMENT
TREATMENT
2" MIN. BURIED PRIVATE "DRY"
BURIED PRIVATE "DRY" CATCH BASIN 0' 15' 30'
MIN. WIDTH OF TRENCH 60'
TO BE SUMP
UNDERCUT
(TYP.)
UTILITIES (CABLE, GAS,
ELECTRIC, PHONE)
UTILITIES (CABLE, GAS, TRENCH WIDTH= DIA. X 2 OUTSIDE DIA. OF PIPE PLUS 12"
ELECTRIC, PHONE)
SCALE: 1" = 30' PROP.
WATERMAIN
ALLEY
PUBLIC ROAD CROSS SECTION
WALK
7.0'
N.T.S.
WALK
7'
90.0
SETBACK
YARD
REAR
1.0'
115.0 TYP.
October 26, 2023
5.0'
SIDE
WINDWARD POINTE
94.0
94.0
YARD
SETBACK
94.0
DETAILS
BUILD TO LINE
project number: 23201268
12' - 20'
90.0
Windward Pointe
Public Amenity Area Summary
I. Public Amenity Areas Directly on Muskegon Lake
Public Waterfront
Public Waterfront Boardwalk
Area Total Area - Sq. Ft. Linear Feet Linear Feet
P1 12,917 Sq. Ft. 180 LF -
P2 43,236 Sq. Ft. - 1,454 LF
P3 28,538 Sq. Ft. 304 LF -
P4 1,473 Sq. Ft. 69 LF -
P5 5,349 Sq. Ft. 19 LF -
P6 2,926 Sq. Ft. 69 LF -
P7 4,325 Sq. Ft. 157 LF -
P8 4,412 Sq. Ft. 84 LF -
P9 9,856 Sq. Ft. 49 LF -
P10 21,181 Sq. Ft. - -
P11 111,895 Sq. Ft. - -
P12 4,721 Sq. Ft. 90 LF -
P13 4,152 Sq. Ft. - 519 LF
P14 17,505 Sq. Ft. - -
P15 Length is 4,093 LF - -
-
Totals 272,486 Sq. Ft. 1,021 LF 1,973 LF
(~ 12% of waterfront
land frontage)
Total Length of Waterfront Access 2,994 LF
272,486 SqFt
Total Area of Waterfront Amenities
6.26 Acres
II. Other Public Amenity Areas - Internal to Site
Public Bike Trail Length 4,093 LF
Public Bike Trail Area 32,744 Sq.Ft. (0.75 acres)
New Public Sidewalk Length 26,459 LF
New Public Sidewalk Area 132,295 Sq.Ft. (3.04 acres)
New 15 MPH Roadway Length 10,394 LF
New 15 MPH Roadway Area 703,817 Sq.Ft. (16.16 acres)
https://nederveld.sharepoint.com/sites/LDCProjectFiles/2023/232/23201268/INTERNAL/ZONING INFO/Public Areas at Windward Pointe_20231026.xlsx
35'
180 LINEAR FEET
OF SHORELINE
42
'
38'
123'
65'
P1
64'
12,917 sf
159'
LAKE SHORE DRIVE
October 24, 2023 N. 0' 15' 30' 60' S:1"=30'
WINDWARD POINTE
PUBLIC AMENITY (P1)
2662
580.71
WE
2613
588.94
EL FCE
134 LINEAR FEET
26'
2663
OF SHORELINE
580.89
WE
50548
548
'29"E
589.14
EL
63' = N 73°38
M 5'
315.9
2612
588.53
EL FCE
2664
587.27
2665 EL
585.90
DT 24"COTTONWOOD
549
50549
588.71
EL
12'±
2667
'37"E
580.50
WE
REF PT "A" 72°15
2666
587.70
EL
45'
2611
588.20
EL FCE 50550
550
588.25
EL
D=N
2668
580.86
WE
586
50586
591.75
EL
2669
580.81
WE
4012 13070
586.23 584.14
SIRC IRC NED LOOSE BY BIG HOLE
2610
587.79
EL FCE 551
50551
587.58 587
50587
EL 591.42
EL
588
50588
156'
591.38
50552
552 EL
587.56
EL
589
50589
590.14
EL
170 LINEAR FEET
2609
588.18
EL FCE 557
50557
592.60
EL
50556
556
592.12
EL
OF SHORELINE
2670
580.61
WE 555
50555
592.00
EL
553
50553
588.50
EL
170'
554
50554
590.97
EL
50216
216
591.94 217
50217
CL 592.35
CL
215
50215
591.39 608
50608
CL 592.24
EL 607
50607
592.23
50609
609 EL
591.88
EL
13
'
593
P3
50610
610
591.17
EL
451
50451
593.44
EL
450
50450
593.30
EL
2608
588.24 214
50214
EL FCE 590.50
CL
452
50452
593.64
EL
156
157
3875
3922
3923
50157
50156
3985
28,538 sf
593.45
593.42
593.36
593.38
593.42
592.98
BS
PT156
BS
CK
CPCK
CK
CP CK
'
82
50611
611
590.36
EL
2671
580.86
WE
213
50213
589.24
110'
CL
453
50453
592.90
EL
45'
499
50499
612
50612 593.08
589.20 EL
EL 498
50498
593.12
EL
593
2607
588.02
EL FCE
497
50497
592.72
EL
October 25, 2023 N. 0' 20' 40' 80' S:1"=40'
WINDWARD POINTE
PUBLIC AMENITY (P3)
20'
69 LINEAR FEET
OF SHORELINE
41'
69'
31'
P4
1,473 s.f.
25'
32'
October 24, 2023 N. 0' 10' 20' 40' S:1"=20'
WINDWARD POINTE
PUBLIC AMENITY (P4)
19 LINEAR FEET
OF SHORELINE
19'
150'
152'
P5
5,349 sf
52'
589
October 24, 2023 N. 0' 15' 30' 60' S:1"=30'
WINDWARD POINTE
PUBLIC AMENITY (P5)
34'
66'
69 LINEAR FEET
OF SHORELINE P6
2,926 sf
69'
55'
October 24, 2023 N. 0' 10' 20' 40' S:1"=20'
WINDWARD POINTE
PUBLIC AMENITY (P6)
79 LINEAR FEET
OF SHORELINE
17'
32'
30'
P7
51'
112
4,325 sf
'
78 LINEAR FEET
78'
OF SHORELINE
40'
14'
1'
5'
585
October 24, 2023 N. 0' 15' 30' 60' S:1"=30'
WINDWARD POINTE
PUBLIC AMENITY (P7)
47 LINEAR FEET
OF SHORELINE
47'
80'
P8
4,412 sf
96'
37'
37 LINEAR FEET
OF SHORELINE
23'
October 24, 2023 N. 0' 10' 20' 40' S:1"=20'
WINDWARD POINTE
PUBLIC AMENITY (P8)
49 LINEAR FEET
OF SHORELINE
49'
P9
201'
203'
9,856 sf
59
0
58
9
49'
October 24, 2023 N. 0' 20' 40' 80' S:1"=40'
WINDWARD POINTE
PUBLIC AMENITY (P9)
588
58
136'
8
36'
96'
P10
586
13'
60'
21,181 sf
134'
7'
5
151'
84'
20
'
587
October 24, 2023 N. 0' 20' 40' 80' S:1"=40'
WINDWARD POINTE
PUBLIC AMENITY (P10)
602
600
589
199'
588
587
48'
157'
600
82'
588
252' 59
8
40'
129' 587
10 8 '
595
596
58
6
591
595
61'
594
589
128'
P11
592
62' 592
590
588
111,895 sf
8
58
120'
48'
326' 15'
589
5 17'
43' 35'
'
588
587
October 24, 2023 N. 0' 30' 60' 120' S:1"=60'
WINDWARD POINTE
PUBLIC AMENITY (P11)
90 LINEAR FEET
OF SHORELINE
'
86
90'
9'
P12
38'
4,721 sf
79'
October 24, 2023 N. 0' 10' 20' 40' S:1"=20'
WINDWARD POINTE
PUBLIC AMENITY (P12)
58
8
58
9
17' 132'
84'
P14
589
17,505 sf
204'
75'
45'
591
593
2
59
11'
October 24, 2023 N. 0' 20' 40' 80' S:1"=40'
WINDWARD POINTE
PUBLIC AMENITY (P14)
OPEN WATER CONNECTION
BETWEEN MUSKEGON LAKE
AND EXISTING POND
PEDESTRIAN DRAWBRIDGE
17'
47'
32'
30'
P7
80'
P8
51'
112
'
4,325 sf
96'
EXISTING LAND
4,412 sf
TO BE REMOVED
37'
78'
23'
40 '
14'
1'
5'
585
583
October 24, 2023 N. 0' 20' 40' 80' S:1"=40'
WINDWARD POINTE
PUBLIC AMENITY (P7/8 OPTION B)
10.d
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 14, 2023 Title: 1st Quarter Budget Reforecast
Submitted By: Kenneth D. Grant Department: Finance
Brief Summary: At this time staff is asking for approval of the 1st Quarter Budget Reforecast for the
FY2023-24 budget year.
Detailed Summary & Background:
Highlights of 1st Quarter Budget Reforecast:
101 General Fund
Revenues:
There are no amendments for revenue for 1st Quarter. We are going to take a deeper look at revenue in the 2nd
quarter due to 1st quarter only having 3 months of activity.
Expenditures:
City Commission Dept 101-Increase expenditures by $5,602 due to passage of increase in Salary & Benefits
from Local Officer Compensation Board.
City Promotions & Public Relations Dept 103-Increase of $14,000 for newsletter print cost, Watch Donation,
and Lakeside Bid Donation. Decrease of $39,448 to move intern’s salary to Managers Office.
City Manager Dept 172- Increase of $42,308 due to moving Intern from Promotions, Human Resource Office
buildout, and Human Resource Computer.
Information Systems Dept 228-Increase of $30,800 for BSA Cloud down-payment (Passed by Commission on
September 26,2023).
Contributions Dept 252-Increase $5,000 for Lakeside Bid Fall Festival.
City Hall Maintenance Dept 265-Increase expenditures by $10,000 due to increase in water rates.
Planning Dept 701- Total increase of $35,000. Of which $24,000 is for a possible Planner 3 position. $10,000 is
for conference and training that was inadvertently omitted from the original budget. $1,000 is an increase in
office supplies.
Capital Projects Dept 901-Increase of $60,000 for the second-floor remodel.
202 Major Streets Fund
Revenues:
There are no amendments for Revenue.
Expenditures:
Added $40,000 for intersection repairs at Getty and Marquette.
203 Local Streets Fund
Revenues:
There are no amendments for Revenue.
Expenditures:
Increased by $625,000. $275,000 each for Millard and Edgewater. $75,000 for engineering of New and 2nd
street.
Brownfield & DDA Funds
Revenues:
Increase of revenue by $168,500 for treasurers’ projections of current year tax roll.
Expenditures:
Decrease of $2,400 due to treasurers’ projections of current tax roll.
254 Trinity Health Arena Fund
Revenues:
Increase Annex Revenue by $13,000 due to number of therapists operating.
Expenditures:
Increase of $15,040 for arena glass and ADA.
445 Public Improvement Fund
Revenues:
There are no amendments to Revenue.
Expenditures:
Increase by $60,000 for Nelson House Move and $400,000 for PM South Restroom.
590 Sewer Fund
Revenues:
There are no amendments to Revenue.
Expenditures:
Increase expenditures by $280,318 for City Service Fee and Utility Administration Fee.
591 Water Fund
Revenues:
There are no amendments to Revenue.
Expenditures:
Increase of $1,078,667 for bond payments and expenditures.
677 General Insurance Fund
Revenues:
There are no amendments to Revenue.
Expenditures:
Increase of $4,103.50 for Masks, MERS Conference, JJ Keller Increase, and EAWM table increase.
Goal/Focus Area/Action Item Addressed: Sustainability in financial practices and infrastructure
Amount Requested: Budgeted Item:
101 General Fund increase expenditures by $163,262.00 Yes No N/A
202 Major Street Fund increase expenditures by $40,000.00
203 Local Street Fund increase expenditures by $625,000.00
254 Trinity Health Arena Fund increase revenue by $13,000.00
254 Trinity Health Arena Fund increase expenditures by $15,040.0
445 Public Improvement Fund increase expenditures by
$640,000.00
590 Sewer Fund increase expenditures by $280,318.00
Amount Requested (continued)
591 Water Fund increase expenditures by $1,078,677.00
677 General Insurance Fund increase expenditures by $4,103.20
Fund(s) or Account(s): Multiple Budget Amendment Needed:
Yes No N/A
Recommended Motion: To approve the 1st Quarter FY2023-24 Budget Reforecast as presented.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
11/02/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON
PERIOD ENDING 09/30/2023
THIS REPORT COMPARES CY ACTUAL REVENUES/EXPENSES WITH BUDGETED AMOUNTS AND WITH PRIOR YEAR ACTUALS
2023-24 2023-24
YTD BALANCE YTD BALANCE ORIGINAL % BDGT 1st Qtr
GL NUMBER DESCRIPTION 09/30/2023 09/30/2022 BUDGET USED Reforecast
Fund 101 - GENERAL
Revenues
4100 TAXES & SPECIAL ASSESSMENTS 2,688,641.65 2,627,596.73 21,078,349.00 13% 21,078,349.00
4200 LICENSES & PERMITS 743,606.03 672,312.79 2,684,500.00 28% 2,684,500.00
4300 FEDERAL GRANTS 20,005.23 22,514.94 401,000.00 5% 401,000.00
4400 STATE GRANTS 0.00 0.00 900,000.00 0% 900,000.00
4500 STATE SHARED 0.00 0.00 5,749,318.00 0% 5,749,318.00
4600 CHARGES FOR SERVICE 1,703,160.51 1,528,103.22 6,037,479.00 28% 6,037,479.00
4700 FINES & PENALTIES 354,566.57 271,405.95 1,180,660.00 30% 1,180,660.00
4800 CONTRIBUTIONS & MISCELLANEOUS 81,282.07 11,000.00 127,000.00 64% 127,000.00
4900 INTEREST & OPERATING TRANSFERS (119,223.22) (365,776.21) 530,000.00 -22% 530,000.00
TOTAL REVENUES 5,472,038.84 4,767,157.42 38,688,306.00 14% 38,688,306.00
Expenditures
Increase in Salary &
Benefit from Local
Officer Compensation
101 CITY COMMISSION 28,414.29 36,797.19 147,376.00 19% 152,978.00 Committee
Newsletter Print Cost
Increased w/additional
Panel. Watch donation
$5,000 and Lakeside bid
Donation $2,500. Move
103 CITY PROMOTIONS & PUBLIC RELATIONS 4,151.62 20,495.99 182,223.00 2% 156,775.00 Intern Salaries
Moved & extended
Isabela Internship
Through April. HR Office
172 CITY MANAGER 180,805.02 73,228.65 714,619.00 25% 756,927.00 buildout and computer
202 FINANCE ADMINSTRATION 127,708.99 158,813.56 752,641.00 17% 752,641.00
203 PENSION ADMINISTRATION 475,810.80 565,644.20 2,857,808.00 17% 2,857,808.00
205 INCOME TAX 103,010.03 96,530.74 485,142.00 21% 485,142.00
215 CITY CLERK 134,398.87 186,137.55 836,450.00 16% 836,450.00
Addition of $30,800 for
BSA cloud down-
payment (per
228 INFORMATION SYSTEMS ADMINISTRATION 150,799.85 121,438.10 699,693.00 22% 730,493.00 commission approval)
$5,000 Lakeside Bid Fall
252 CONTRIBUTIONS 203,620.50 119,250.00 574,426.00 35% 579,426.00 Festival
253 CITY TREASURER 143,152.51 148,637.40 729,654.00 20% 729,654.00
257 CITY ASSESSOR 110,448.30 105,404.00 430,000.00 26% 430,000.00
265 CITY HALL MAINTENANCE 92,297.24 74,439.34 474,279.00 19% 484,279.00 Water Rate Increases
266 CITY ATTORNEY 108,302.68 106,512.88 420,000.00 26% 420,000.00
269 CIVIL SERVICE 50,786.98 44,749.45 325,164.00 16% 325,164.00
272 INSURANCE SERVICES 0.00 0.00 810,000.00 0% 810,000.00
301 POLICE DEPARTMENT 2,523,837.03 2,504,220.69 11,498,377.00 22% 11,498,377.00
336 FIRE DEPARTMENT 907,973.74 846,270.11 4,412,794.00 21% 4,412,794.00
340 NEW CENTRAL FIRE STATION 32,169.50 24,645.07 0.00 100% 0.00
387 BUILDING INSPECTIONS 420,553.15 319,015.39 2,406,083.00 17% 2,406,083.00
446 COMMUNITY EVENT SUPPORT/DOWNTOWN BID 34,238.78 29,795.22 172,871.00 20% 172,871.00
448 STREET LIGHTING 72,784.21 74,919.17 310,000.00 23% 310,000.00
521 SANITATION 496,944.01 371,176.21 2,570,612.00 19% 2,570,612.00
550 STORM WATER MANAGEMENT 701.57 1,869.38 24,250.00 3% 24,250.00
567 CEMETERIES 126,428.60 171,344.15 598,103.00 21% 598,103.00
addition of 3rd planner.
Added Conference and
training that was
supposed to be in
701 PLANNING 157,718.09 120,206.98 554,263.00 28% 589,263.00 original budget
707 NEIGHBORHOOD & CONSTRUCTION SERVICES 0.00 2,106.84 0.00 0% 0.00
728 ECONOMIC DEVELOPMENT 208.32 0.00 0.00 100% 0.00
751 RECREATION 45,051.66 0.00 340,419.00 13% 340,419.00
757 MC GRAFT PARK 31,493.31 25,544.54 117,651.00 27% 117,651.00
770 PARKS MAINTENANCE 887,853.62 636,212.00 2,633,060.00 34% 2,633,060.00
771 FORESTRY 6,996.28 3,318.36 28,000.00 25% 28,000.00
772 PAID BEACH PARKING 112,058.48 38,717.93 432,617.00 26% 432,617.00
773 SOCIAL DISTRICT 21,047.77 27,524.20 46,528.00 45% 46,528.00
775 GENERAL RECREATION 0.00 0.00 0.00 0% 0.00
806 MERCY HEALTH ARENA 132.43 0.00 0.00 100% 0.00
Increased Second Floor
901 CAPITAL PROJECTS 30,750.65 703,273.57 582,700.00 5% 642,700.00 Remodel by $60,000
906 DEBT SERVICE 806,250.00 900,367.50 1,081,004.00 75% 1,081,004.00
999 TRANSFERS TO OTHER FUNDS 50,000.01 50,000.01 1,430,000.00 3% 1,430,000.00
TOTAL EXPENDITURES 8,678,898.89 8,708,606.37 39,678,807.00 22% 39,842,069.00
Fund 101 - GENERAL:
TOTAL REVENUES 5,472,038.84 4,767,157.42 38,688,306.00 14% 38,688,306.00
TOTAL EXPENDITURES 8,678,898.89 8,708,606.37 39,678,807.00 22% 39,842,069.00
NET OF REVENUES & EXPENDITURES (3,206,860.05) (3,941,448.95) (990,501.00) (1,153,763.00)
11/06/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON
PERIOD ENDING 09/30/2023
THIS REPORT COMPARES CY ACTUAL REVENUES/EXPENSES WITH BUDGETED AMOUNTS AND WITH PRIOR YEAR ACTUALS
2023-24
YTD BALANCE YTD BALANCE ORIGINAL % BDGT 1ST QUARTER
GL NUMBER DESCRIPTION 09/30/2023 09/30/2022 BUDGET USED REFORECAST
Fund 202 - MAJOR STREETS
Revenues
202-000-540 STATE GRANTS 0.00 0.00 335,000.00 0% 335,000.00
202-000-546 STATE RECEIPT MAJORS 471,598.85 516,570.74 4,645,000.00 10% 4,645,000.00
202-000-581 LRP LOCAL ROADS PROGRAM 6,627.32 6,651.43 80,000.00 8% 80,000.00
202-000-665-004970 INTEREST INCOME 3,628.93 3,851.44 0.00 100% 0.00
202-000-684-004800 MISC. & SUNDRY 3,470.26 2,400.00 0.00 100% 0.00
202-575-684 MISC. & SUNDRY 0.00 2.87 0.00 0% 0.00
TOTAL REVENUES 485,325.36 529,476.48 5,060,000.00 10% 5,060,000.00
Expenditures
Added $40k
for
intersection
repairs at
Getty and
450 ROUTINE MAINTENANCE 298,894.26 19,698.64 803,503.00 37% 843,503.00 Marquette
451 POTHOLE PATCHING 0.00 5,876.58 0.00 0% 0.00
453 GUARD RAIL & POSTS 0.00 687.79 0.00 0% 0.00
456 TRAFFIC COUNTERS 0.00 441.25 0.00 0% 0.00
460 PAVEMENT SURFACE MAINTENANCE 0.00 18,824.79 0.00 0% 0.00
462 ROAD SIDE CLEANUP 0.00 184.18 0.00 0% 0.00
463 WINTER MAINTENANCE 0.00 882.50 183,009.00 0% 183,009.00
518 TRAFFIC SIGNALS 0.00 4,609.60 0.00 0% 0.00
519 TRAFFIC SERVICES 26,256.27 3,837.19 166,682.00 16% 166,682.00
523 BEACH ROADWAY CLEARING 0.00 1,345.26 0.00 0% 0.00
563 EQUIPMENT SERVICES 0.00 73.20 0.00 0% 0.00
564 DRAINAGE MAINTENANCE 34,166.21 991.19 16,483.00 207% 16,483.00
571 TREES & SCHRUBS 0.00 4,323.06 0.00 0% 0.00
573 MISCELLANEOUS EXPENSES 0.00 18,274.95 0.00 0% 0.00
574 ADMINISTRATION & RECORDKEEPING 84,232.74 210,025.43 336,931.00 25% 336,931.00
575 LEAVES & BENEFITS 49,225.05 52,270.76 251,329.00 20% 251,329.00
576 SIGN FABRICATION 0.00 1,489.00 0.00 0% 0.00
901 CAPITAL PROJECTS 745,176.14 268,138.14 1,628,000.00 46% 1,628,000.00
999 TRANSFERS TO OTHER FUNDS 0.00 0.00 400,000.00 0% 400,000.00
TOTAL EXPENDITURES 1,237,950.67 611,973.51 3,785,937.00 33% 3,825,937.00
Fund 202 - MAJOR STREETS:
TOTAL REVENUES 485,325.36 529,476.48 5,060,000.00 10% 5,060,000.00
TOTAL EXPENDITURES 1,237,950.67 611,973.51 3,785,937.00 33% 3,825,937.00
NET OF REVENUES & EXPENDITURES (752,625.31) (82,497.03) 1,274,063.00 1,234,063.00
11/07/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON
PERIOD ENDING 09/30/2023
THIS REPORT COMPARES CY ACTUAL REVENUES/EXPENSES WITH BUDGETED AMOUNTS AND WITH PRIOR YEAR ACTUALS
2023-24 2023-24
YTD BALANCE YTD BALANCE ORIGINAL % BDGT ORIGINAL
GL NUMBER DESCRIPTION 09/30/2023 09/30/2022 BUDGET USED BUDGET
Fund 203 - LOCAL STREETS
Revenues
203-000-492 TELECOM FRANCHISE FEES 0.00 0.00 200,000.00 0% 200,000.00
203-000-553 STATE RECEIPT LOCAL 131,226.78 121,442.77 1,280,000.00 10% 1,280,000.00
203-000-581 LRP LOCAL ROADS PROGRAM 1,844.11 1,845.73 20,000.00 9% 20,000.00
203-000-657-004802 REIMB:SERVICES RENDERED 0.00 7,285.15 5,000.00 0% 5,000.00
203-000-665-004970 INTEREST INCOME 458.42 702.12 2,500.00 18% 2,500.00
203-000-684-004800 MISC. & SUNDRY 0.00 99.64 0.00 0% 0.00
203-000-699 OPERATING TRANSFERS IN 0.00 0.00 400,000.00 0% 400,000.00
203-575-684 MISC. & SUNDRY 0.00 6.14 0.00 0% 0.00
TOTAL REVENUES 133,529.31 131,381.55 1,907,500.00 7% 1,907,500.00
Expenditures
450 ROUTINE MAINTENANCE 113,906.27 30,106.08 844,373.00 13% 844,373.00
451 POTHOLE PATCHING 0.00 7,178.44 0.00 0% 0.00
458 ALLEY MAINTENANCE 0.00 3,523.49 0.00 0% 0.00
459 BRINING 0.00 364.83 0.00 0% 0.00
460 PAVEMENT SURFACE MAINTENANCE 0.00 53,915.86 0.00 0% 0.00
461 UNPAVED SURFACE MAINTENANCE 0.00 512.01 0.00 0% 0.00
462 ROAD SIDE CLEANUP 0.00 23.38 0.00 0% 0.00
463 WINTER MAINTENANCE 0.00 0.00 247,449.00 0% 247,449.00
468 PAVEMENT SPALL & POT HOLE REPAIR 0.00 187.04 0.00 0% 0.00
519 TRAFFIC SERVICES 3,726.78 579.13 12,526.00 30% 12,526.00
564 DRAINAGE MAINTENANCE 34,899.83 2,764.49 41,499.00 84% 41,499.00
565 CATCH BASINS 0.00 4,461.52 0.00 0% 0.00
571 TREES & SCHRUBS 0.00 19,646.51 0.00 0% 0.00
573 MISCELLANEOUS EXPENSES 0.00 2,784.70 0.00 0% 0.00
574 ADMINISTRATION & RECORDKEEPING 66,533.25 195,764.94 266,133.00 25% 266,133.00
575
576 LEAVES
SIGN & BENEFITS
FABRICATION 36,008.57
0.00 46,421.56
838.70 266,412.00
0.00 14%
0% 266,412.00
0.00
Added Millard and
Edgewater $275,000
each. Engineering for
901 CAPITAL PROJECTS 29,353.46 6,212.40 400,000.00 7% 1,025,000.00 New and 2nd $75,000
TOTAL EXPENDITURES 284,428.16 375,285.08 2,078,392.00 14% 2,703,392.00
Fund 203 - LOCAL STREETS:
TOTAL REVENUES 133,529.31 131,381.55 1,907,500.00 7% 1,907,500.00
TOTAL EXPENDITURES 284,428.16 375,285.08 2,078,392.00 14% 2,703,392.00
NET OF REVENUES & EXPENDITURES (150,898.85) (243,903.53) (170,892.00) (795,892.00)
11/06/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON
PERIOD ENDING 09/30/2023
THIS REPORT COMPARES CY ACTUAL REVENUES/EXPENSES WITH BUDGETED AMOUNTS AND WITH PRIOR YEAR ACTUALS
2023-24
YTD BALANCE YTD BALANCE ORIGINAL % BDGT 1ST QUARTER
GL NUMBER DESCRIPTION 09/30/2023 09/30/2022 BUDGET USED REFORECAST
Fund 232 - HARBOR WEST BROWNFIELD
Revenues
232-000-402 PROPERTY TAX 0.00 0.00 11,300.00 0% 12,900.00
TOTAL REVENUES 0.00 0.00 11,300.00 0% 12,900.00
Expenditures
735 DEVELOPMENT ACTIVITY 994.00 0.00 0.00 100% 0.00
TOTAL EXPENDITURES 994.00 0.00 0.00 100% 0.00
Fund 232 - HARBOR WEST BROWNFIELD:
TOTAL REVENUES 0.00 0.00 11,300.00 0% 12,900.00
TOTAL EXPENDITURES 994.00 0.00 0.00 100% 0.00
NET OF REVENUES & EXPENDITURES (994.00) 0.00 11,300.00 12,900.00
Fund 233 - SCATTERED HOUSING BROWNFIELD FUN
Revenues
233-000-402 SCATTERED HOUSING BROWNFIELD FUN 0.00 0.00 61,100.00 0% 97,000.00
TOTAL REVENUES 0.00 0.00 61,100.00 0% 97,000.00
Expenditures
901 CAPITAL PROJECTS 0.00 0.00 900.00 0% 900.00
TOTAL EXPENDITURES 0.00 0.00 900.00 0% 900.00
Fund 233 - SCATTERED HOUSING BROWNFIELD FUN:
TOTAL REVENUES 0.00 0.00 61,100.00 0% 97,000.00
TOTAL EXPENDITURES 0.00 0.00 900.00 0% 900.00
NET OF REVENUES & EXPENDITURES 0.00 0.00 60,200.00 96,100.00
Fund 234 - BROWNFIELD AUTHORITY (PIGEON HILL)
Revenues
234-000-402 PROPERTY TAX 0.00 0.00 20,500.00 0% 16,000.00
234-000-665-004970 INTEREST INCOME 1.80 2.55 0.00 100% 0.00
TOTAL REVENUES 1.80 2.55 20,500.00 0% 16,000.00
Expenditures
717 BROWNFIELD 2,121.50 0.00 20,500.00 10% 16,000.00
TOTAL EXPENDITURES 2,121.50 0.00 20,500.00 10% 16,000.00
Fund 234 - BROWNFIELD AUTHORITY (PIGEON HILL):
TOTAL REVENUES 1.80 2.55 20,500.00 0% 16,000.00
TOTAL EXPENDITURES 2,121.50 0.00 20,500.00 10% 16,000.00
NET OF REVENUES & EXPENDITURES (2,119.70) 2.55 0.00 0.00
Fund 235 - BROWNFIELD AUTHORITY (BETTEN)
Revenues
235-000-402 PROPERTY TAX 0.00 0.00 143,900.00 0% 154,000.00
235-000-428 REIMBURSEMENT STATE 0.00 0.00 11,000.00 0% 11,000.00
TOTAL REVENUES 0.00 0.00 154,900.00 0% 165,000.00
Expenditures
906 DEBT SERVICE 4,919.89 7,263.41 7,300.00 67% 7,300.00
TOTAL EXPENDITURES 4,919.89 7,263.41 7,300.00 67% 7,300.00
Fund 235 - BROWNFIELD AUTHORITY (BETTEN):
TOTAL REVENUES 0.00 0.00 154,900.00 0% 165,000.00
TOTAL EXPENDITURES 4,919.89 7,263.41 7,300.00 67% 7,300.00
NET OF REVENUES & EXPENDITURES (4,919.89) (7,263.41) 147,600.00 157,700.00
Fund 236 - BROWNFIELD AUTHORITY (FORMER MALL SITE)
Revenues
236-000-402 PROPERTY TAX 0.00 0.00 242,900.00 0% 253,000.00
236-000-428 REIMBURSEMENT STATE 0.00 0.00 13,600.00 0% 13,600.00
236-000-665-004970 INTEREST INCOME 85.53 59.55 185.00 46% 185.00
TOTAL REVENUES 85.53 59.55 256,685.00 0% 266,785.00
Expenditures
999 TRANSFERS TO OTHER FUNDS 0.00 0.00 256,685.00 0% 266,785.00
TOTAL EXPENDITURES 0.00 0.00 256,685.00 0% 266,785.00
Fund 236 - BROWNFIELD AUTHORITY (FORMER MALL SITE):
TOTAL REVENUES 85.53 59.55 256,685.00 0% 266,785.00
TOTAL EXPENDITURES 0.00 0.00 256,685.00 0% 266,785.00
NET OF REVENUES & EXPENDITURES 85.53 59.55 0.00 0.00
Fund 237 - BROWNFIELD AUTHORITY TERRACE POINT
Revenues
237-000-402 PROPERTY TAX 0.00 0.00 404,800.00 0% 433,000.00
237-000-665-004970 INTEREST INCOME 27.57 4.16 15.00 184% 15.00
TOTAL REVENUES 27.57 4.16 404,815.00 0% 433,015.00
Expenditures
716 TERRACE POINT LANDING 29,532.00 0.00 375,300.00 8% 375,300.00
TOTAL EXPENDITURES 29,532.00 0.00 375,300.00 8% 375,300.00
Fund 237 - BROWNFIELD AUTHORITY TERRACE POINT:
TOTAL REVENUES 27.57 4.16 404,815.00 0% 433,015.00
TOTAL EXPENDITURES 29,532.00 0.00 375,300.00 8% 375,300.00
NET OF REVENUES & EXPENDITURES (29,504.43) 4.16 29,515.00 57,715.00
Fund 238 - SWEETWATER BROWNFIELD
Revenues
238-000-402 PROPERTY TAX 0.00 0.00 77,600.00 0% 64,000.00
238-000-665-004970 INCOME TAX-PENALTY & INTEREST 4.76 0.00 0.00 100% 0.00
TOTAL REVENUES 4.76 0.00 77,600.00 100% 64,000.00
Expenditures
717 BROWNFIELD 5,678.50 0.00 72,000.00 8% 64,000.00
TOTAL EXPENDITURES 5,678.50 0.00 72,000.00 8% 64,000.00
Fund 238 - SWEETWATER BROWNFIELD:
TOTAL REVENUES 4.76 0.00 77,600.00 0% 64,000.00
TOTAL EXPENDITURES 5,678.50 0.00 72,000.00 8% 64,000.00
NET OF REVENUES & EXPENDITURES (5,673.74) 0.00 5,600.00 0.00
Fund 250 - LOCAL DEVELOPMENT FINANCE AUTHORITY FUND
Revenues
250-000-402 PROPERTY TAX 0.00 0.00 86,300.00 0% 103,000.00
250-000-428 REIMBURSEMENT STATE 0.00 0.00 3,400.00 0% 3,400.00
250-000-665-004970 INTEREST INCOME 58.08 89.94 0.00 100% 0.00
250-000-699-100000 OP. TRANS FROM GENERAL FUND 50,000.01 50,000.01 20,000.00 250% 20,000.00
TOTAL REVENUES 50,058.09 50,089.95 109,700.00 46% 126,400.00
Expenditures
906 DEBT SERVICE (1,387.17) 41,118.43 108,824.00 -1% 108,824.00
TOTAL EXPENDITURES (1,387.17) 41,118.43 108,824.00 -1% 108,824.00
Fund 250 - LOCAL DEVELOPMENT FINANCE AUTHORITY FUND:
TOTAL REVENUES 50,058.09 50,089.95 109,700.00 46% 126,400.00
TOTAL EXPENDITURES (1,387.17) 41,118.43 108,824.00 -1% 108,824.00
NET OF REVENUES & EXPENDITURES 51,445.26 8,971.52 876.00 17,576.00
Fund 394 - DOWNTOWN DEVELOPMENT AUTH DS
Revenues
394-000-402 PROPERTY TAX 0.00 0.00 400,000.00 0% 482,000.00
394-000-540 STATE GRANTS 0.00 2,625.00 0.00 0% 0.00
394-000-613 EVENT REVENUE 0.00 205.00 200,000.00 0% 200,000.00
394-000-665-004970 INTEREST INCOME 351.96 286.84 0.00 100% 0.00
394-000-679-004845 FUNDRAISING REVENUE 0.00 (350.00) 15,000.00 0% 15,000.00
394-000-679-004846 SPONSORSHIP REVENUE 0.00 (4,726.00) 17,000.00 0% 17,000.00
394-000-679-004847 SPONSORSHIP REVENUE - MUSK ART FAIR 0.00 0.00 25,000.00 0% 25,000.00
TOTAL REVENUES 351.96 (1,959.16) 657,000.00 0% 739,000.00
Expenditures
703 DOWNTOWN MUSKEGON BID 25,240.58 23,690.55 185,802.00 14% 185,802.00
778 LAKESHORE ART FESTIVAL 1,554.08 14,109.76 160,000.00 1% 160,000.00
780 TASTE OF MUSKEGON 0.00 9,797.91 90,000.00 0% 90,000.00
809 EVENTS 3,411.25 540.16 0.00 100% 0.00
906 DEBT SERVICE 20,705.97 35,341.68 200,000.00 10% 200,000.00
TOTAL EXPENDITURES 50,911.88 83,480.06 635,802.00 8% 635,802.00
Fund 394 - DOWNTOWN DEVELOPMENT AUTH DS:
TOTAL REVENUES 351.96 (1,959.16) 657,000.00 0% 739,000.00
TOTAL EXPENDITURES 50,911.88 83,480.06 635,802.00 8% 635,802.00
NET OF REVENUES & EXPENDITURES (50,559.92) (85,439.22) 21,198.00 103,198.00
Fund 395 - TIFA DEBT SERVICE
Revenues
395-000-402 PROPERTY TAX 0.00 0.00 45,000.00 0% 47,000.00
395-000-428 REIMBURSEMENT STATE 0.00 0.00 9,800.00 0% 9,800.00
395-000-665-004970 INTEREST INCOME 16.47 17.21 0.00 100% 0.00
TOTAL REVENUES 16.47 17.21 54,800.00 0% 56,800.00
Expenditures
906 DEBT SERVICE 12,500.01 12,500.01 50,000.00 25% 50,000.00
TOTAL EXPENDITURES 12,500.01 12,500.01 50,000.00 25% 50,000.00
Fund 395 - TIFA DEBT SERVICE:
TOTAL REVENUES 16.47 17.21 54,800.00 0% 56,800.00
TOTAL EXPENDITURES 12,500.01 12,500.01 50,000.00 25% 50,000.00
NET OF REVENUES & EXPENDITURES (12,483.54) (12,482.80) 4,800.00 6,800.00
11/06/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON
PERIOD ENDING 09/30/2023
THIS REPORT COMPARES CY ACTUAL REVENUES/EXPENSES WITH BUDGETED AMOUNTS AND WITH PRIOR YEAR ACTUALS
2023-24
YTD BALANCE YTD BALANCE ORIGINAL % BDGT 1ST QUARTER
GL NUMBER DESCRIPTION 09/30/2023 09/30/2022 BUDGET USED REFORECAST
Fund 254 - MERCY HEALTH ARENA
Revenues
254-000-613-004691 EVENT REVENUE 2,404.04 14,584.78 420,000.00 1% 420,000.00
254-000-613-004696 CONCESSION NON ALCHOLIC 1,458.24 12,695.87 85,000.00 2% 85,000.00
254-000-613-004699 FOOD HUB 0.00 0.00 25,000.00 0% 25,000.00
254-000-614-004630 CARLISLES 16,324.39 27,246.56 100,000.00 16% 100,000.00
254-000-614-004639 RAD DADS 54,277.80 84,800.66 250,000.00 22% 250,000.00
254-000-614-004640 TICKET SURCHARGE 248.02 3,650.69 40,000.00 1% 40,000.00
254-000-614-004646 CONCESSIONS FOOD 1,365.40 1,202.99 100,000.00 1% 100,000.00
254-000-614-004697 ALCOHOLIC BEVERAGE 9,165.85 6,766.97 175,000.00 5% 175,000.00
254-000-614-004698 FLOOR RENTAL 20,627.00 39,505.00 250,000.00 8% 250,000.00
254-000-620-004619 MISC. SALES AND SERVICES 4,091.42 2,059.44 7,000.00 58% 7,000.00
254-000-626-004666 PARKING LOT RENTAL - WESTERN AVENUE 0.00 4,337.50 35,000.00 0% 35,000.00
Negotiating higher
lease...currently
operating with 3-4
therapists (extra
254-000-632 ANNEX REVENUE 4,537.50 1,512.50 42,000.00 11% 55,000.00 $22,600 max)
254-000-642-004652 SALES & SERVICE 0.00 0.00 500.00 0% 500.00
254-000-657-004802 REIMB:SERVICES RENDERED 1,230.00 0.00 1,000.00 123% 1,000.00
254-000-665-004970 INTEREST INCOME 2,832.00 3,096.53 7,500.00 38% 7,500.00
254-000-667-004667 PARKING LOT RENTAL - SHORELINE 0.00 0.00 4,000.00 0% 4,000.00
254-000-667-004677 RENT 0.00 63,752.30 150,000.00 0% 150,000.00
254-000-671 ADVERTISING REVENUE 1,500.00 0.00 120,000.00 1% 120,000.00
254-000-684-004800 MISC. & SUNDRY 6,270.27 2.11 10,000.00 63% 10,000.00
254-000-699-100000 OP. TRANS FROM GENERAL FUND 3,239.46 0.00 400,000.00 1% 400,000.00
TOTAL REVENUES 129,571.39 265,213.90 2,222,000.00 6% 2,235,000.00
Expenditures
806 is our
expeditures
except Carlisles
and
Projects...Carlisles
was give 812.
Everything else is
included in 806.
Additional
expenses are
capital outlays
increasing by
$40,000 for arena
806 MERCY HEALTH ARENA 382,608.06 403,033.50 2,091,963.00 18% 2,103,703.00 glass...
812 CARLISLE 16,258.67 22,359.54 55,000.00 30% 55,000.00
Coalition
Companies
ADA/ARPA was
added...had to
increase to $3,300
because $3,239
901 CAPITAL PROJECTS 3,239.46 516,633.75 73,935.00 4% 77,235.00 was spent.
TOTAL EXPENDITURES 402,106.19 942,026.79 2,220,898.00 18% 2,235,938.00
Fund 254 - MERCY HEALTH ARENA:
TOTAL REVENUES 129,571.39 265,213.90 2,222,000.00 6% 2,235,000.00
TOTAL EXPENDITURES 402,106.19 942,026.79 2,220,898.00 18% 2,235,938.00
NET OF REVENUES & EXPENDITURES (272,534.80) (676,812.89) 1,102.00 (938.00)
11/06/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON
PERIOD ENDING 09/30/2023
THIS REPORT COMPARES CY ACTUAL REVENUES/EXPENSES WITH BUDGETED AMOUNTS AND WITH PRIOR YEAR ACTUALS
2023-24
YTD BALANCE YTD BALANCE ORIGINAL % BDGT 1ST QUARTER
GL NUMBER DESCRIPTION 09/30/2023 09/30/2022 BUDGET USED REFORECAST
Fund 445 - PUBLIC IMPROVEMENT
Revenues
445-000-626-004651 REIMBURSEMENT 0.00 0.00 250,000.00 0% 250,000.00
445-000-665-004970 INTEREST INCOME 1,664.31 498.15 0.00 100% 0.00
445-000-667-004674 RENTAL - CITY HALL 0.00 3,900.00 0.00 0% 0.00
445-000-667-004677 RENT 2,600.00 0.00 0.00 100% 0.00
445-000-671 LEASE BILLBOARDS 375.00 2,500.00 0.00 100% 0.00
445-000-674-004805 CONTRIBUTIONS 0.00 20,717.50 0.00 0% 0.00
445-000-677-004808 SALE OF LAND 688,972.25 69,640.80 1,150,000.00 60% 1,150,000.00
445-000-679-004847 SPONSORSHIP REVENUE - PARKS 37,500.00 37,500.00 135,000.00 28% 135,000.00
445-000-684-004800 MISC. & SUNDRY 238.00 0.00 0.00 100% 0.00
445-000-699 OPERATING TRANSFERS IN 0.00 0.00 130,000.00 0% 130,000.00
TOTAL REVENUES 731,349.56 134,756.45 1,665,000.00 44% 1,665,000.00
Expenditures
728 ECONOMIC DEVELOPMENT 29,015.37 0.00 0.00 100% 0.00
807 WESTERN AVENUE CHALETS 0.00 0.00 25,000.00 0% 25,000.00
Added $60,000 for
Nelson House
Move and
$400,000 for PM
901 CAPITAL PROJECTS 1,881,426.44 129,209.66 2,424,000.00 78% 2,884,000.00 South Restroom.
TOTAL EXPENDITURES 1,910,441.81 129,209.66 2,449,000.00 78% 2,909,000.00
Fund 445 - PUBLIC IMPROVEMENT:
TOTAL REVENUES 731,349.56 134,756.45 1,665,000.00 44% 1,665,000.00
TOTAL EXPENDITURES 1,910,441.81 129,209.66 2,449,000.00 78% 2,909,000.00
NET OF REVENUES & EXPENDITURES (1,179,092.25) 5,546.79 (784,000.00) (1,244,000.00)
11/06/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON
PERIOD ENDING 09/30/2023
THIS REPORT COMPARES CY ACTUAL REVENUES/EXPENSES WITH BUDGETED AMOUNTS AND WITH PRIOR YEAR ACTUALS
2023-24
YTD BALANCE YTD BALANCE ORIGINAL % BDGT 1ST QUARTER
GL NUMBER DESCRIPTION 09/30/2023 09/30/2022 BUDGET USED REFORECAST
Fund 590 - SEWAGE DISPOSAL SYSTEM
Revenues
590-000-620-004619 MISC. SALES AND SERVICES 26,700.00 30,395.00 74,000.00 36% 74,000.00
590-000-628-004605 METERED SALES 2,889,145.62 2,033,605.08 9,500,000.00 30% 9,500,000.00
590-000-638-004606 DEBT SERVICE FEE 73,175.44 0.00 473,494.00 15% 473,494.00
590-000-657-004704 PENALTIES/INTEREST/FINES 66,807.09 51,823.02 180,000.00 37% 180,000.00
590-000-665-004970 INTEREST INCOME 2,804.36 2,684.69 4,000.00 70% 4,000.00
590-000-684-004800 MISC. & SUNDRY 0.00 0.00 2,000.00 0% 2,000.00
590-000-696-004961 BOND PROCEEDS 0.00 0.00 2,980,000.00 0% 2,980,000.00
590-559-684 MISC. & SUNDRY 0.00 14.67 0.00 0% 0.00
TOTAL REVENUES 3,058,632.51 2,118,522.46 13,213,494.00 23% 13,213,494.00
Expenditures
203 PENSION ADMINISTRATION 15,659.68 18,616.24 94,055.00 17% 94,055.00
557 MUSKEGON CO. WASTEWATER TREATMENT 394,300.64 405,454.14 5,000,000.00 8% 5,000,000.00
559 WATER & SEWER MAINTENANCE 497,194.14 500,654.55 2,213,566.00 22% 2,213,566.00
901 CAPITAL PROJECTS 1,201,570.31 101,361.60 3,080,000.00 39% 3,080,000.00
Add in Recurring
entries for City Service
Fee and Utility
906 BOND INTEREST, INSURANCE & OTHER 195,506.25 365,240.94 351,351.00 56% 631,668.72 Administration
TOTAL EXPENDITURES 2,304,231.02 1,391,327.47 10,738,972.00 21% 11,019,289.72
Fund 590 - SEWAGE DISPOSAL SYSTEM:
TOTAL REVENUES 3,058,632.51 2,118,522.46 13,213,494.00 23% 13,213,494.00
TOTAL EXPENDITURES 2,304,231.02 1,391,327.47 10,738,972.00 21% 11,019,289.72
NET OF REVENUES & EXPENDITURES 754,401.49 727,194.99 2,474,522.00 2,194,204.28
11/06/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON
PERIOD ENDING 09/30/2023
THIS REPORT COMPARES CY ACTUAL REVENUES/EXPENSES WITH BUDGETED AMOUNTS AND WITH PRIOR YEAR ACTUALS
2023-24
YTD BALANCE YTD BALANCE ORIGINAL % BDGT 1ST QUARTER
GL NUMBER DESCRIPTION 09/30/2023 09/30/2022 BUDGET USED REFORECAST
Fund 591 - WATER SUPPLY SYSTEM
Revenues
591-000-540 STATE GRANTS 0.00 85,200.62 460,000.00 0% 460,000.00
591-000-620-004619 MISC. SALES AND SERVICES 73,968.79 23,255.83 150,000.00 49% 150,000.00
591-000-628-004605 METERED SALES 1,334,632.25 780,734.12 3,500,000.00 38% 3,500,000.00
591-000-637 WHOLESALE WATER 1,426,358.54 1,511,657.23 4,520,000.00 32% 4,520,000.00
591-000-638-004606 DEBT SERVICE FEE 186,156.19 0.00 1,206,318.00 15% 1,206,318.00
591-000-642-004652 TOWNSHIP MAINTENANCE CONTRACT 29,836.62 10,971.21 100,000.00 30% 100,000.00
591-000-644-004618 LEAD REPLACEMENT FEE 189,604.71 188,680.00 750,000.00 25% 750,000.00
591-000-657-004704 PENALTIES/INTEREST/FINES 48,251.83 25,657.07 100,000.00 48% 100,000.00
591-000-657-004802 REIMB:SERVICES RENDERED 11,777.91 11,872.13 35,000.00 34% 35,000.00
591-000-684-004800 MISC. & SUNDRY 2,699.30 1,191.54 10,000.00 27% 10,000.00
591-000-692-004661 LEASE/RENTAL 48,869.53 17,770.23 200,000.00 24% 200,000.00
591-000-696-004961 BOND PROCEEDS 0.00 0.00 3,835,520.00 0% 3,835,520.00
591-558-684 MISC. & SUNDRY 0.00 2.27 0.00 0% 0.00
591-559-684 MISC. & SUNDRY 0.00 14.39 0.00 0% 0.00
TOTAL REVENUES 3,352,155.67 2,657,006.64 14,866,838.00 23% 14,866,838.00
Expenditures
203 PENSION ADMINISTRATION 31,015.32 36,871.04 186,284.00 17% 186,284.00
555 LEAD SERVICE LINE 193,689.45 173,173.70 736,747.00 26% 736,747.00
558 WATER SUPPLY & FILTRATION 755,537.14 652,038.69 3,056,633.00 25% 3,056,633.00
559 WATER & SEWER MAINTENANCE 883,300.36 709,022.16 3,143,232.00 28% 3,143,232.00
560 WATER & SEWER MAINTENANCE-TWP 12,500.21 15,512.39 58,674.00 21% 58,674.00
901 CAPITAL PROJECTS 921,064.33 354,922.42 4,828,520.00 19% 4,828,520.00
Added
Budget for
Bond
906 BOND INTEREST, INSURANCE & OTHER 1,415,792.82 876,472.09 787,534.00 180% 1,866,201.16 Expenses
TOTAL EXPENDITURES 4,212,899.63 2,818,012.49 12,797,624.00 33% 13,876,291.16
Fund 591 - WATER SUPPLY SYSTEM:
TOTAL REVENUES 3,352,155.67 2,657,006.64 14,866,838.00 23% 14,866,838.00
TOTAL EXPENDITURES 4,212,899.63 2,818,012.49 12,797,624.00 33% 13,876,291.16
NET OF REVENUES & EXPENDITURES (860,743.96) (161,005.85) 2,069,214.00 990,546.84
11/06/2023 REVENUE AND EXPENDITURE REPORT FOR CITY OF MUSKEGON
PERIOD ENDING 09/30/2023
THIS REPORT COMPARES CY ACTUAL REVENUES/EXPENSES WITH BUDGETED AMOUNTS AND WITH PRIOR YEAR ACTUALS
2023-24
YTD BALANCE YTD BALANCE ORIGINAL % BDGT 1ST QUARTER
GL NUMBER DESCRIPTION 09/30/2023 09/30/2022 BUDGET USED REFORECAST
Fund 677 - GENERAL INSURANCE
Revenues
677-000-626-004651 REIMBURSEMENT 61.25 0.00 0.00 100% 0.00
677-000-642-004652 REIMBURSEMENT RETIREE HEALTHCARE 0.00 0.00 1,500,000.00 0% 1,500,000.00
677-000-665-004970 INTEREST INCOME 2,477.83 3,432.78 0.00 100% 0.00
677-000-674 CONTRIBUTIONS 73,795.45 111,411.84 422,000.00 17% 422,000.00
677-000-677-004807 COBRA RECEIPTS 1,981.87 3,019.18 5,000.00 40% 5,000.00
677-000-692 INTERDEPT.CHARGES 888,922.50 861,346.30 3,600,000.00 25% 3,600,000.00
677-272-684 MISC. & SUNDRY 0.00 3.60 0.00 0% 0.00
TOTAL REVENUES 967,238.90 979,213.70 5,527,000.00 18% 5,527,000.00
Expenditures
Masks, MERS
Conference
Finance, JJ
Keller
Increase,
EAWM table
272 INSURANCE SERVICES 1,612,153.55 1,262,795.47 3,253,694.00 50% 3,257,797.50 increase
TOTAL EXPENDITURES 1,612,153.55 1,262,795.47 3,253,694.00 50% 3,257,797.50
Fund 677 - GENERAL INSURANCE:
TOTAL REVENUES 967,238.90 979,213.70 5,527,000.00 18% 5,527,000.00
TOTAL EXPENDITURES 1,612,153.55 1,262,795.47 3,253,694.00 50% 3,257,797.50
NET OF REVENUES & EXPENDITURES (644,914.65) (283,581.77) 2,273,306.00 2,269,202.50