City Commission Packet 07-12-2022

View the PDF version Google Docs PDF Viewer

          CITY OF MUSKEGON
            CITY COMMISSION MEETING
                  JULY 12, 2022 @ 5:30 P.M.
     MUSKEGON CITY COMMISSION CHAMBERS
    933 TERRACE STREET, MUSKEGON, MI 49440


                                        AGENDA

□          CALL TO ORDER:
□          PRAYER:
□          PLEDGE OF ALLEGIANCE:
□          ROLL CALL:
□          HONORS, AWARDS, AND PRESENTATIONS:
    A. Fannie Mae Settlement Community & Neighborhood Services
□          PUBLIC COMMENT ON AGENDA ITEMS:
□          CONSENT AGENDA:
    A. Approval of Minutes           City Clerk
    B.     Lift Station Pump Replacements           DPW/Water & Sewer
    C. DPW Roofing – 2B & 2C         Public Works
    D. Special Event Fee Waiver – Rebel Road                Public Works
    E.     Musketawa Trail Project – Change Order #004            Engineering
    F.     DPW Vehicle Change Order        DPW – Equipment
    G. Sale – 213 Myrtle Planning
    H. Amendment to the Zoning Ordinance – Critical Dunes                  Planning
    I.     Arena Seats       Arena
    J.     Arena Floors (Lower Level)      Arena
    K. Lawrence Baker Lot Sale Amendment                    Planning/Economic
       Development
    L.     Polling Location Change – Precinct 13            City Clerk
□        PUBLIC HEARINGS:


                                              Page 1 of 2
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
    A. Final PUD Approval at 2801 Lakeshore Drive                              Planning
    B.   Amendment to the PUD at 1148 & 1204 W Western Ave (Adelaide Point)
         Planning
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
►        Reminder: Individuals who would like to address the City Commission shall do the following:
►        Fill out a request to speak form attached to the agenda or located in the back of the room.
►        Submit the form to the City Clerk.
►        Be recognized by the Chair.
►        Step forward to the microphone.
►        State name and address.
►        Limit of 3 minutes to address the Commission.
►        (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

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




                                                         Page 2 of 2
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: July 12, 2022             Title: Approval of Minutes

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

Brief Summary: To approve the minutes of the May 20, 2022 Special Meeting, May 25, 2022
Special Meeting, June 13, 2022 Worksession, and June 14, 2022 Regular Meeting.



Detailed Summary: N/A




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

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

Recommended Motion: To approve the minutes.




For City Clerk Use Only:


Commission Action:
                              CITY OF MUSKEGON
                       SPECIAL CITY COMMISSION MEETING


                            May 20, 2022 @ 2:30 pm
            Muskegon City Hall, 933 Terrace Street, Muskegon, MI 49440
                    In the Commission Chambers, Room 107

                                      MINUTES
Present: Mayor Johnson, Commissioners Ramsey, Emory, St.Clair, Hood, and Gorman.

Absent: Vice Mayor German.

City Manager Executive Search Proposals

A request for proposals went out to several companies to conduct an executive search
for a new City Manager.

Proposals were received from Amy Cell, LLC, Collin Baengizer & Associates, Michigan
Municipal League, PoliHire, Public Advisory Group, Sid Simone, Inc., and WBCP, Inc.

Commissioners evaluated each proposal and narrowed it down to three companies to
conduct a zoom interview with. Those companies are: Amy Cell, LLC, Michigan
Municipal League, and Sid Simone, Inc.

The zoom meeting will be scheduled on May 25, 2022 at 4 pm with a three to five
minute introduction and three to four questions given to each applicant for 20 minutes.

Motion by Commissioner Ramsey, seconded by Commissioner St. Clair to
interview Amy Cell, LLC, Michigan Municipal League, and Sid Simone, Inc. as
potential candidates as an Executive Recruiter for the vacant City Manager’s
position.

Roll Call Vote:

Ayes: Gorman, Emory, Hood, St. Clair, Johnson, and Ramsey.
Nays: None.
Absent: German

                                                             MOTION PASSES.

PUBLIC PARTICIPATION

None.
ADJOURN


Motion by Vice Mayor German, seconded by Commissioner St. Clair to adjourn
the meeting at 2:50 pm.

                                                      MOTION PASSES.



                                   Respectfully Submitted,



                                   Ann Marie Meisch, MMC – City Clerk
                              CITY OF MUSKEGON
                       SPECIAL CITY COMMISSION MEETING


                            May 25, 2022 @ 4:20 pm
            Muskegon City Hall, 933 Terrace Street, Muskegon, MI 49440
                    In the Commission Chambers, Room 107

                                      MINUTES
Present: Mayor Johnson, Vice Mayor German, Commissioners Ramsey, Emory,
St.Clair, Hood, and Gorman (arrived at 4:45 pm).

Absent: None.

City Manager Executive Search Proposals

A zoom meeting was held with four companies that submitted proposals to conduct the
executive recruitment for a City Manager. Those companies were Sid Simone, LLC,
Michigan Municipal League, and Amy Cell.

Each company had 20 minutes to make a presentation to the City Commission including
what a typical recruitment looks like, what is their most difficult placement and how it
was handled, and what other cities have the companies worked with that were
comparable to the City of Muskegon.

After the interviews, the Commission discussed the qualifications of each company.

Motion by Commissioner Ramsey, seconded by Commissioner Emory to
authorize the City to enter into an agreement with Michigan Municipal League to
conduct the recruitment of a new City Manager for the City of Muskegon.

                                                            Roll Call Vote:

Ayes: Gorman, Emory, St. Clair, Johnson, Ramsey, and German.
Nays: None.
Absent: Hood.

                                                            MOTION PASSES.

PUBLIC PARTICIPATION

None.

ADJOURN
Motion by Vice Mayor German, seconded by Commissioner St. Clair to adjourn
the meeting at 5:25 pm.

                                                      MOTION PASSES.



                                   Respectfully Submitted,



                                   Ann Marie Meisch, MMC – City Clerk
                                CITY OF MUSKEGON
                          CITY COMMISSION WORKSESSION

                                 Monday, June 13, 2022
                                        5:30 p.m.
                               City Commission Chambers
                         933 Terrace Street, Muskegon, MI 49440

                                         MINUTES



2022-53

Present: Mayor Johnson, Vice Mayor German, Commissioners Gorman, St.Clair,
Emory, and Ramsey

Absent: Commissioner Hood


2022 Long Term Goals Presentation
Staff and Commissioner s met on April 15, 2022 to create a shared vision of the future
with major goals, key objectives, and one-year tasks. After receiving the report from our
facilitator, Lew Bender, city division and department heads developed a draft City
Commission Vision for 2022-2027. The vision includes four major goals:
2027 Goal 1 - Destination Community & Quality of Life
2027 Goal 2 - Economic Development, Housing, and Business
2027 Goal 3 - Community Connection
2027 Goal 4 - Financial Infrastructure

Staff is seeking input on the draft vision and will bring a final version to commission for
approval at a later date.

The leadership team will discuss the plan at regular intervals and confirm that the plan
is guiding decision making. After a 6-7- month time frame, staff will discuss the vision at
a work session to determine if changes are needed. A year after adoption, the group will
reconvene to consider progress made and develop action items for the next year.
Future decisions should be reviewed in light of this vision/strategic plan.

Discussion took place.

Transmittal of 2022-2023 Proposed Budget
Staff is transmitting to the City Commission the proposed budget for fiscal year 2022-23
which starts July 1, 2022. Both hardcopy and electronic versions of the budget have
been distributed to Commissioners. Additionally, the budget is available for inspection
on the City’s website and at the City Clerk’s office.

The proposed budget was reviewed in detail with staff at the June 13, 2022 work
session. A public hearing on the budget was held at the regular Commission meeting on
June 14, 2022. City ordinance requires that the budget be adopted by the Commission
on or before the second Commission meeting in June.

Finance Director, Ken Grant and Interim City Manager, LeighAnn Mikesell presented
information on the proposed 2022-23 FY Budget.

Discussion took place, some changes will be made before the Public Hearing
presentation taking place on Tuesday, June 14, 2022.

Traffic Studies
Staff is looking to inform Commission and the Public on two corridors proposed for
traffic studies during 2022.

Staff is working towards soliciting proposals from engineering firms to provide a
comprehensive traffic study on the Apple Avenue and Getty Street corridors within the
City. The focus of the traffic studies will be to assess the corridors for potential road
dieting in the future.

The studies will be empirically based and will primarily consist of data collection,
computer modeling, conceptual renderings, and cost estimates. The end report will be
presented back to the Commission and public upon completion.

City staff has had preliminary discussions with Muskegon Heights and Norton Shores
regarding potentially extending the Getty Street road diet to cover the entire corridor
south to US-31 BR (Seaway Drive) though those discussions are still ongoing.

MDOT has a major reconstruction project planned for Apple Avenue in 2026 which will
provide an opportunity for implementing any recommendations from this study. Getty
Street is a corridor within the city that would be a good candidate for a future Safety
funded project to help reduce crashes.

Both routes are traditional examples of road diets with the 4-lane to 3-lane conversion
being a widely utilized and broadly proved method to increase the operational capacity
of a roadway and improve the safety simultaneously. Included below are a couple of
links pulled for the Iowa DOT that cover the common questions, and information on the
benefits for these projects:

https://iowadot.gov/traffic/4-to-3-lane-conversion/4-to-3-lane-conversion-myths

https://www.desmoinesregister.com/videos/news/2019/01/16/iowa-department-
transportation-explains-4-3-lane-conversion/2596034002/
Staff intends to post the RFP’s later this month and bring them back for award at the
City Commission (if necessary) in July to allow for work on the studies to commence
later this summer.

Discussion took place regarding this item.

Beach Parking Neighboring Community Proposal
Staff are seeking approval of a proposal to offer discounted parking passes to
neighboring CDBG entitlement communities.

Last year, a proposal was made to neighboring communities that allowed them to offer
discounted beach parking passes to their residents if the community participated with
Muskegon on the discount. The City Manager for Muskegon Height disagreed with the
proposal, and the city instead provided a number of free parking passes to the City of
Muskegon Heights. At the time, commissioners and staff offered the passes in an effort
to assist our low-income neighbors and provide them time to develop a program to aid
their own residents. The new proposal offers discounted passes and phases out the
program over the next 2 years.

Discussion took place regarding this item – it will be removed from the June 14, 2022
agenda and may be considered at a later date.

Public Comment:     No public comments were received.

Adjournment: The City Commission Worksession Meeting adjourned at 8:15 p.m.

                                               Respectfully Submitted,



                                               Ann Marie Meisch, MMC – City Clerk
       CITY OF MUSKEGON
        CITY COMMISSION MEETING
              JUNE 14, 2022 @ 5:30 P.M.
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440


                                 MINUTES

The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, June 14, 2022.
Pastor Matt Eenigenburg, Celebration Community Church, opened the meeting
with prayer, after which the Commission and public recited the Pledge of
Allegiance to the Flag.
Present: Mayor Ken Johnson, Vice Mayor Willie German, Jr., Commissioners,
Teresa Emory, Rachel Gorman, Rebecca St.Clair, and Michael Ramsey, Interim
City Manager LeighAnn Mikesell, City Attorney John Schrier, and City Clerk Ann
Meisch.
Absent:      Commissioner Eric Hood
2022-54 HONORS, AWARDS, AND PRESENTATIONS:
  A. Juneteenth Independence Day Resolution City Commission
Motion by Vice Mayor German, second by Commissioner Emory, to adopt the
Juneteenth National Independence Day Resolution.
ROLL VOTE: Ayes: Johnson, Ramsey, German, Gorman, Emory, and St. Clair
             Nays: None
MOTION PASSES
PUBLIC COMMENT ON AGENDA ITEMS:              Public comments received.
2022-55      CONSENT AGENDA:
  A. Approval of Minutes       City Clerk
SUMMARY OF REQUEST: To approve the minutes of the May 9, 2022 Work Session
Meeting and May 10, 2022 Regular meeting.
STAFF RECOMMENDATION:          To approve the minutes.
  B.    Fair Housing Services Agreement      Community & Neighborhood
       Services


                                          Page 1 of 11
SUMMARY OF REQUEST: The cities of Muskegon, Muskegon Heights and Norton
Shores are currently in agreement with the Fair Housing Center of West Michigan
(FHCWM) that ends June 30, 2022. The work that is performed by FHCWM is vital
to show that we are furthering further fair housing initiatives in our
community/region.
The proposed agreement will continue to offer education, testing, trainings and
reports of each community’s practice and inquiries received of fair housing
complaints. The 3-year agreement will begin July 1, 2022 and expire June 20,
2025.
AMOUNT REQUESTED:        $28,620            AMOUNT BUDGETED:         $182,578
FUND OR ACCOUNT:         CDBG               FUND OR ACCOUNT:         CDBG FY22
STAFF RECOMMENDATION:        To approve the partnership agreement with Fair
Housing Center of West Michigan for the furtherance of fair housing in
Muskegon.
  C. 1761 Clinton – House Move       City Manager
SUMMARY OF REQUEST: City staff was approached by the Muskegon Public
School District with a proposal to obtain the house located at 1761 Clinton Street
on the campus for the new middle school and move the home to a city owned
vacant lot in an adjacent neighborhood. Staff is seeking approval of the
agreement and bill of sale.
The home was purchased by the school district, and the former owner has
moved. Staff have reviewed the structure and found it to be worth salvaging. A
vacant lot at 1728 Terrace Street in the McLaughlin neighborhood was selected
to minimize moving costs and keep the home in a location that serves the
neighborhood and school district. Estimated costs to move and renovate the
house are $173,000, and it is anticipated that the completed house will sell for
$180,000. The project will be included in our scattered site brownfield program
and contribute to the TIF capture funding other projects where the purchase
price was less than the cost of construction.
AMOUNT REQUESTED:        $173,000    AMOUNT BUDGETED: $173,000 in FY 22/23
FUND OR ACCOUNT:         Public Improvement
STAFF RECOMMENDATION:         To approve the agreement and bill of sale,
authorize the Mayor and Clerk to sign both and to authorize the City Manager
to expend up to $173,000 to move and renovate the home.
  E.   MDOT Agreement for Terrace Street Public Works
SUMMARY OF REQUEST: Staff is requesting approval of the contract with MDOT
for the reconstruction of Terrace Street from Apple Avenue to Shoreline Drive
and approval of the resolution authorizing the Mayor and Clerk to sign the
Contract.

                                         Page 2 of 11
This is the standard contract governing projects that are constructed using
federal funds through MDOT. The estimated cost for the project construction is
$1,509,000 with $764,904 of that being federal surface transportation funding,
$88,593 being federal highway infrastructure program COVID funds, and the
remainder being funded through the City’s Major Street Budget in the FY23
Budget year.
Work is expected to begin in August and take approximately 15 weeks to
complete.
AMOUNT REQUESTED: $744,503(FY23) AMOUNT BUDGETED: $946,503 (FY23)
FUND OR ACCOUNT:          202 (Major Streets)
STAFF RECOMMENDATION:          To approve the contract with MDOT for the
reconstruction of Terrace Street from Apple Avenue to Shoreline Drive and
approve the resolution authorizing the mayor and clerk to sign.
  F. Arena Roof Lease and Power Purchase Agreement               Public Works
SUMMARY OF REQUEST: Staff is seeking to void the previously approved (June 8,
2001) Rooftop System Site Lease Agreement and the Power Purchase
Agreement with New Energy Equity related to the installation of a solar array on
the roof to the Trinity Health Arena.
This topic was previously discussed at the July 2020 work session meeting, and
again at a meeting on April 27th to recommend a property tax exemption for
the site. The roof lease and the power purchase agreement were approved by
the Commission at their June 8, 2021 meeting.
Since that time New Energy Equity has not signed and returned those
agreements and staff has recommended that the agreements be voided by
the City Commission.
New Energy Equity has been unable to sign the agreements due to
complications with the governing tax laws. State laws are unclear and the
County Assessor has taken the position that the investment should be taxed for
County purposes. Payment for the taxes was not factored into the pro forma for
the development and negates any savings that could be realized from the
installation. Staff, Charthouse Energy and New Energy Equity remain committed
to finding a route forward for this project when there is an opportunity for it to be
done in a way that is financially viable.
STAFF RECOMMENDATION:         To void the previously approved Rooftop System
Site Lease Agreement and void the Power Purchase Agreement that were
previously approve at the June 8, 2021 Commission Meeting.
  G. City of Muskegon Housing Study and Needs Assessment Firm
     Recommendation Development Services
SUMMARY OF REQUEST: Staff disseminated the Commission-endorsed Housing

                                          Page 3 of 11
Study and Needs Assessment RFP to qualified firms credited by MSHDA, and
received two proposals. Staff has reviewed the proposals and is prepared to
recommend contracting with Bowen National Research to conduct this
important work.
As we scale our efforts to deliver more housing units to combat the nationwide
housing shortage, we require more and higher quality data to direct these
efforts. There has not been a formal study compiled for our market since 2016,
and our neighboring areas such as Ottawa County and the greater Grand
Rapids area have recently commissioned similar studies, which have had great
effect in their efforts to infill housing units of all types. After the April 12th City
Commission Meeting, staff sent the FRP to the seven firms on MSHDA’s
“Approved Market Analyst” list as well as one firm that has been contracted by
CNS to conduct our Analysis of Impediments study. That fir, RKG Associates, and
one other, Bowen National Research submitted proposals for your consideration.
Both clearly carefully read the RFP document and tailored their proposed
services to our needs. Both firms also propose using very qualified teams and
similar methodology to deliver the product, so staff’s recommendation comes
down to price and relevant experience. RKG was the high-priced proposal at
$74,500, while the price from Bowen for equivalent services was $33,500, with
optional add-ons exceeding the requested scope that total an additional
$12,600. Additionally, Bowen conducted Ottawa County and the City of Grand
Rapids/Kent County needs assessment, and demonstrated more experience in
our region. Some of the add-ons Bowen offered may prove beneficial following
additional conversation with the vendor, and so staff is recommending he City
Commission approve Bowen National Research’s proposal not-to-exceed
$46,100.
AMOUNT REQUESTED:         $46,100       AMOUNT BUDGETED:           $50,000
FUND OR ACCOUNT:          101-80400-5300
STAFF RECOMMENDATION:        To allow staff to contract with Bowen National
Research to conduct a 5-year Housing Study and Needs Assessment for an
amount not-to-exceed $46,100.
  H. Sanitation Fee Resolution Finance
SUMMARY OF REQUEST: The FY 2022-23 budget calls for the Sanitation Fee to be
increased from $2.50 per month to $3.50 per month, this resolution established
the Sanitation Fee for FY 2022-23. Staff is recommending that the City
Commission adopt the resolution charting a sanitation free of $3.50 per month to
cover the shortfall between the sanitation charges ad the millage collected for
sanitation.
STAFF RECOMMENDATION:            To adopt the Sanitation Fee Resolution for FY
2022-23.


                                           Page 4 of 11
  I.   Beach Parking – Neighboring Community Proposal            City Manager
REMOVED
Motion by Vice Mayor German, second by Commissioner Gorman, to accept
the consent agenda as presented, minus item D and J.
ROLL VOTE: Ayes: Ramsey, German, Gorman, Emory, St.Clair, Johnson
             Nays: None
MOTION PASSES
2022-56      REMOVED FROM CONSENT AGENDA:
  D. CSX Salvage Plan City Manager
SUMMARY OF REQUEST: Staff is seeking approval to proceed with a cost share
for developing a salvage plan for the removal of the CSXT owned track.
CSXT is hiring a consultant to assist them in developing permitting materials
necessary for the removal of the track. Items needed for the plan include a
wetland and waterway delineation report, and MDEQ joint permit application,
and a health and safety plan. The costs for this salvage plan work are higher
than CSXT anticipated, and the city is being asked to share in the expense.
AMOUNT REQUESTED:         $28,000             AMOUNT BUDGETED:          $2 Million
FUND OR ACCOUNT:          State/Federal Grants
STAFF RECOMMENDATION:          To authorize expenditures not to exceed $28,800
for consultant fees associated with the removal of the CSXT owned track.
Motion by Commissioner Emory, second by Commissioner St.Clair, to authorize
expenditures not to exceed $28,000 for consultant fees associated with the
removal of the CSXT owned track.
ROLL VOTE: Ayes: Ramsey, German, Gorman, Emory, St.Clair, Johnson
             Nays: None
MOTION PASSES
  J.   Request to Fly Juneteenth Flag         City Clerk
SUMMARY OF REQUEST: Juneteenth honors the end to slavery in the United
States and is considered the longest-running African American holiday. On June
17, 2021, it officially became a federal holiday. This is to request that the City of
Muskegon fly the Juneteenth Flag from June 17 through June 20, 2022.
STAFF RECOMMENDATION:           To approve the request.
Motion by Commissioner Ramsey, second by Vice Mayor German, to fly the
Juneteenth Flag from June 17, 2022 through the end of June.
ROLL VOTE: Ayes: Gorman, Emory, St.Clair, Johnson, Ramsey, and German

                                          Page 5 of 11
            Nays: None
MOTION PASSES
2022-57   PUBLIC HEARINGS:
  A. FY 2022-2023 Budget Transmittal         Finance
SUMMARY OF REQEUST: At this time staff is transmitting to the City Commission
the proposed budget for fiscal year 2022-23 which starts July 1, 2022. Electronic
versions of the budget have been distributed to the Commissioners. Additionally,
the budget is available for inspection on the City’s website and at the City
Clerk’s office.
The proposed budget was reviewed in detail with staff at the June 13, 2022 work
session. A public hearing on the budget was held at the regular Commission
meeting on June 14, 2022. City ordinance requires that the budget be adopted
by the Commission on or before the second Commission meeting in June.
STAFF RECOMMENDATION:         To close the public hearing and approve the
proposed budget for fiscal year 2022-23.
PUBLIC HEARING COMMENCED:              Chuck Modd, 59 E. Giles Road – addressed
the topic of softball fields at Buekema Park and wanted to make it known that
the fields are used regularly.
Motion by Commissioner Ramsey, second by Commissioner St.Clair, to close the
Public Hearing
ROLL VOTE: Ayes: Emory, St.Clair, Johnson, Ramsey, German, and Gorman
            Nays: None
MOTION PASSES
2022-58     NEW BUSINESS:
  A. Concession Agreement – B & S Bikes Public Works
SUMMARY OF REQUEST: Staff is asking permission to enter into a contractual
agreement with Benny Edwards of “B&S Bikes” at the restroom building in Pere
Marquette Park for a bike rental concession.
Staff is asking permission to enter into a Concession Agreement for 2022 with
benny Edwards of “B&S Bikes” at the restroom building in Pere Marquette Park
for a bike rental concession. Mr. Edwards’ proposal is included, and shows the
specific location for the bikes, the style of bike and rental station Mr. Edwards
owns and proposes, and other details.
STAFF RECOMMENDATION:          Authorize staff to enter into Concession
Agreement with Benny Edwards of “B&S Bikes” at the restroom building in Pere
Marquette Park for a bike rental concession for 2022.
Motion by Commissioner Ramsey, second by Commissioner Emory, to authorize

                                         Page 6 of 11
staff to enter into a Concession Agreement with Benny Edwards of “B&S Bikes” at
the restroom building in Pere Marquette Park for a bike rental concession for
2022.
ROLL VOTE: Ayes: St.Clair, Johnson, Ramsey, German, Gorman, and Emory
             Nays: None
MOTION PASSES
  B.   Rezoning 930 W. Sherman         Planning
SUMMARY OF REQUEST: Request to rezone the property at 930 W Sherman
Boulevard from B-2, Convenience and Comparison Business to B-4, General
Business, by 930 Sherman, LLC.
The Planning Commission unanimously recommended approval of the rezoning.
STAFF RECOMMENDATION:       To approve the request to rezone the property at
930 W Sherman Boulevard from B-2, Convenience and Comparison Business to
B-4, General Business.
Motion by Commissioner St.Clair, second by Commissioner Ramsey, to approve
the request to rezone the property at 930 W. Sherman Boulevard from B-2,
Convenience and Comparison Business to B-4, General Business.
ROLL VOTE: Ayes: Johnson, Ramsey, German, Gorman, Emory, and St.Clair
             Nays: None
MOTION PASSES
  C. Zoning Ordinance Amendment – Height Overlay District Planning
SUMMARY OF REQUEST: Staff initiated request to amend Section 404 of the
zoning ordinance to create a height overlay district that would allow certain
principal structures near or on Nelson Street to be built up to three stories or 45
feet in height.
The Planning Commission unanimously voted to deny the request.
STAFF RECOMMENDATION:            To deny the request to amend Section 404 of the
zoning ordinance to create a height overlay district that would allow certain
principal structures near or on Nelson Street to be built up to three stories or 45
feet in height.
Motion by Commissioner Emory, second by Commissioner Ramsey, to deny the
request to amend Section 404 of the zoning ordinance to create a height
overlay district that would allow certain principal structures near or on Nelson
Street to be built up to three stories and 45 feet in height.
ROLL VOTE: Ayes: Ramsey, German, Gorman, Emory, St.Clair, and Johnson
             Nays: None

                                           Page 7 of 11
MOTION PASSES
  D. West Urban ARP Agreement Amendment              Development
     Services/Economic Development
SUMMARY OF REQUEST: Staff is seeking approval of the listed amendments to
West Urban Properties Development Agreement for the ARP Infill Housing
Program.
West Urban Properties was selected as one of four contractors for the ARPA-
funded infill housing program. The goal of the program is ton continue in-filling
vacant lots in our core neighborhoods while ensuring the housing units are
offered in a more-affordable manner.
Two of the four awardees have had to decline their agreements for various
reasons, leaving $1.15 million of the commission-approved funds unallocated to
a builder. West Urban Properties initially was not assigned specific lots in their
agreement, which has proven a difficulty when attempting to implement the
project as there are other smaller scale builders interested in lots to build homes
on as well. With no defined legal right to any buildable lots for this program by
virtue of an exhibit to the ARP Agreement, staff are left in a difficult position
when more than one builder wants a specific lot.
To that end, West urban also has an infill housing agreement through the city to
build rental housing units in residential neighborhoods, which contains an exhibit
with some lots, though not enough to fulfill the builder’s obligations to build 100
homes. In that exhibit, the builder and city inadvertently selected lots that
builders on the east side of the city had been interested in for some time to infill
owner occupied housing. West Urban, the interested builders, and the city have
been working together very effectively to correct these implementation issues
and to make space for other builders in their own neighborhoods.
We have mutually agreed that it makes sense to amend both agreements,
adding an exhibit of lots to West Urban’s ARP agreement and increasing their
allocation by $1.15 million to ensure that we continue to infill lots on schedule,
while removing the lots desired by the smaller builders on the rental construction
agreement side. This item is in tandem with the other contract amendment on
the agenda and staff only recommends passing this one if there is support for
the other.
AMOUNT REQUESTED:         $1.15 million      AMOUNT BUDGETED:          $1.15 million
FUND OR ACCOUNT:          Federal ARPA
STAFF RECOMMENDATION:               Motion to approve the amendments to the West
Urban ARP Agreement by increasing the infill housing allocation by $1.15 million
dollars, including the lot list exhibit as presented and authorize the Mayor and
Clerk to sign.


                                          Page 8 of 11
  E.    West Urban PILOT Agreement Amendment Development
       Services/Economic Development
SUMMARY OF REQUEST: Staff is seeking approval of the listed amendments to
West Urban Properties Development Agreement for the PILOT Infill Housing
Program.
The City has previously entered into an agreement with West Urban Properties to
construct 100 homes for rental and potential owner-occupied stock in our
residential neighborhoods. Some of the lots in the exhibit have been requested
by other builders for some time and were inadvertently included in this
agreement. We have worked out an agreement with West Urban for them to
remove these lots from their development agreement by increasing their ARP
agreement allotment, and by working with them to identify lots to add to the
PILOT with clear title to ensure that they can fulfill their obligations in this
agreement.
This item proposes to remove 266 Meeking, 279 Meeking, 280 Meeking, 290
Meeking, 1057 Leonard, 1067 Leonard, 1077 Leonard, 1087 Leonard, 527 Herrick,
and 530 Herrick from the approved PILOT Agreement, and add 2043 Dowd,
2051 Dowd, 2065 Dowd, 2250 Dowd, 2358 Dowd, 846 Wilson, and 1256 Fifth
Street. Staff may return with additional lots to add to this agreement exhibit as
we clear title and assess buildability.
STAFF RECOMMENDATION:       To approve the amendments to the West Urban
PILOT Agreement as presented and authorize the Mayor and Clerk to sign.
Motion by Commissioner Ramsey, second by Commissioner Gorman, to
approve the amendments to the West Urban ARP Agreement by increasing the
infill housing allocation by $1.15 million dollars, including the lot list exhibit as
presented and authorize the Mayor and Clerk to sign and to approve the
amendments to the West Urban PILOT Agreement as presented and authorize
the Mayor and Clerk to sign.
ROLL VOTE: Ayes: Ramsey, German, Gorman, Emory, St.Clair, and Johnson
             Nays: None
MOTION PASSES
  F.    Sale – 1375 James, 1284 James, 1057 Leonard, 1067 Leonard, 1077
       Leonard, 1087 Leonard Planning
SUMMARY OF REQUEST: City staff is seeking authorization to sell five of the City
owned vacant lot to Lawrence Baker.
Lawrence Baker will be constructing six single family homes on the lots owned by
the City of Muskegon. The property is zoned R-1 (Single Family Residential). The
lots will be sold for 75% of the True Cash Value (TCV) per policy. The property is in
the Brownfield Development area. The homes will be constructed within

                                           Page 9 of 11
eighteen (18) months.
STAFF RECOMMENDATION:         Authorize the Code Coordinator to work with the
developer and complete the sale of the vacant lots to build six single family
homes on the City owned buildable lots as described and to have the Mayor
and Clerk sign the purchase agreement and deed.
Motion by Vice Mayor German, second by Commissioner Ramsey, to authorize
the Code Coordinator to work with the developer and complete the sale of the
vacant lots to build six single family homes on the City owned buildable lots as
described and to have the Mayor and Clerk sign the purchase agreement and
deed.
ROLL VOTE: Ayes: German, Gorman, Emory, St.Clair, Johnson, and Ramsey
            Nays: None
MOTION PASSES
2022-59     ANY OTHER BUSINESS:
  A. Community Relations Committee Recommendations             City Clerk
SUMMARY OF REQUEST: To concur with the CRC Recommendations to make
appointments.
The CRC recommends appointing Johna Willis to the Housing Code Board of
Appeals – Citizen – Term expiring 1/31/2024
The CRC recommends appointing Gregory Borgman – person who resides in a
historic district – Term expiring 1/31/2025 to the Historic District Commission.
STAFF RECOMMENDATION:        To concur with the recommendation of the CRC
to accept the appointments to the Housing Code Board of Appeals and Historic
District Commission.
Motion by Commissioner St.Clair, second by Vice Mayor German, to concur with
the recommendation of the Community Relations Committee to accept the
appointments of Johna Willis to the Housing Code Board of Appeals, and
Gregory Borgman to the Historic District Commission.
ROLL VOTE: Ayes: Gorman, Emory, St.Clair, Johnson, Ramsey, and German
            Nays: None
MOTION PASSES
Commissioners provided information about Pride and Juneteenth events
happening in the area this weekend. Mayor Johnson talked about the
Lakeshore Innovator of the Year.
Commissioner Emory asked Public Works Director, Leo Evans, about the progress
at Pere Marquette Park with parking expansion and sidewalk expansion and
removal of barrels.

                                         Page 10 of 11
Commissioner Gorman asked Dave Alexander, Downtown Development
Authority Manager, for information about previous United Way bicycles that
were built by Jaycee’s.
PUBLIC COMMENT ON NON-AGENDA ITEMS:               Public comments received.
ADJOURNMENT: The City Commission meeting adjourned at 7:40 p.m.


                                          Respectfully Submitted,




                                          Ann Marie Meisch, MMC - City Clerk




                                       Page 11 of 11
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date:       7/12/22                   Title: Lift Station Pump Replacements

Submitted By:     Dave Baker                             Department: DPW/Water & Sewer


Brief Summary: Authorize Staff to purchase a replacement pump for Apple Lift Station
$41,645 and a replacement for Beach Lift Station $37,874 from Kennedy Industries (sole
supplier).


Detailed Summary: Apple Lift Station was upgraded in 1999 and has two pumps with one being
replaced in 2009 and the original pump is 23 years old. Apple Lift Station is one of our busiest
stations and we recommend replacing the original pump with a new Flygt pump from Kennedy
Industries. This will increase the efficiency and reliability of this station and the old pump will be
cleaned up and stored for use as a back up in emergency situations.
Beach Lift Station has had both pumps replaced with the first replacement in 2009 and the second
replacement in 2013. This station has limited storage and high hourly usage throughout the year.
The new Flygt pump from Kennedy Industries would serve as a back up to improve reliability in
emergency situations.



Amount Requested: $79,519                              Amount Budgeted: $150,000

Fund(s) or Account(s): Sewer CIP fund                  Fund(s) or Account(s): 590-91828

Recommended Motion:        Authorize staff to move forward with purchase.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
                                                                                                                                                              QUOTATION
                                                                                                                                           DATE                NUMBER                       PAGE
                                                                                                                                         6/28/2022              0047306                     1 of 1




            B MUS500
            I                                                                                              Accepted By:
            L CITY OF MUSKEGON
            L [email protected]                                                                Company:
            T 1900 BEACH STREET                                                                            Date:
            O MUSKEGON, MI 49441
                                                                                                           PO#:


ATTENTION:
WYATT EGGLETON                               231-724-6988                            [email protected]


WE ARE PLEASED TO PROPOSE THE FOLLOWING FOR YOUR CONSIDERATION:
  CUSTOMER REF/PO#                                                                JOB TITLE                                                      SLP                    SHIPPING TYPE
             QUOTE                               CITY OF MUSKEGON, BEACH AND APPLE LIFT STATIONS,                                              TJC/EMG                FREIGHT ALLOWED
                                                               FLYGT, WASTE WATER
 QTY       DESCRIPTION
           BEACH ST LIFT STATION

           (1) FLYGT EXPLOSION PROOF SUBMERSIBLE SEWAGE PUMP, MODEL NP 3171.095 - 454 WITH HIGH CHROME IMPELLER
           AND INSERT RINGS. RATED FOR 30 HP, 3 PHASE, 460 VOLT, WITH 4" DISCHARGE AND 50' MOTOR AND SENSOR CABLES.
           PUMPS EQUIPPED WITH SEAL FAIL/HIGH TEMP CABLE.

           NET PRICE INCLUDING FREIGHT, BUT NO TAXES: $ 37,874.00 TOTAL (1) PUMP
           **************************************************************************
           APPLE LIFT STATION

           (1) FLYGT EXPLOSION PROOF SUBMERSIBLE SEWAGE PUMP, MODEL NP 3171.095 - 615 WITH HIGH CHROME IMPELLER
           AND INSERT RINGS. RATED FOR 25 HP, 3 PHASE, 460 VOLT, WITH 10" DISCHARGE AND 50' MOTOR AND SENSOR CABLES.
           PUMPS EQUIPPED WITH SEAL FAIL/HIGH TEMP CABLE.

           NET PRICE INCLUDING FREIGHT, BUT NO TAXES: $ 41,645.00 TOTAL (1) PUMP
           **************************************************************************
           WE DO NOT INCLUDE: INSTALL, SITE WORK, CONCRETE, SPARE PARTS, CERTIFIED TESTS, ANCHOR BOLTS, PIPING,
           COVER, CONDUIT, WIRING, JUNCTION BOXES, PADLOCKS, KEYS, OR START-UP UNLESS LISTED ABOVE.

           WE APPRECIATE THIS OPPORTUNITY TO QUOTE AND LOOK FORWARD TO BEING OF FUTURE SERVICE.

           SINCERELY - TRAVIS COLE




   This quote is subject to and incorporates by reference Kennedy Industries, Inc.'s ("Kennedy") Terms & Conditions (Rev'd 4/2019) and Customer Warranty available at www.kennedyind.com which will be
    provided by email upon written request. Kennedy reserves the right to change the Terms & Conditions and Customer Warranty for future orders. By accepting this quote and/or issuing a purchase order
                             relative to this quote, buyer expressly agrees to the provisions set forth in the Terms & Conditions and Customer Warranty posted on Kennedy's website.


                               QUOTE VALID FOR 30 DAYS. CREDIT CARD PAYMENTS ARE SUBJECT TO AN ADDITIONAL 3%
                              CHARGE NO TAXES OF ANY KIND ARE INCLUDED IN THIS PROPOSAL. PAYMENT TERMS: NET 30

       P.O. Box 930079 Wixom, MI 48393 - 4925 Holtz Drive Wixom, MI 48393 - Phone: 248-684-1200 - Fax: 248-684-6011
                                                                        www.Kennedyind.com
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: July 12th, 2022               Title: DPW Roofing – 2B & 2C

Submitted By: Joel Brookens                            Department: Public Works

Brief Summary:
Staff is seeking approval of a contract with Ostrander Roofing (Contracting) and Garland (Materials) in
the amount of $185,614 to repair sections 2B and 2C of the roofing at DPW.

Detailed Summary:
Staff solicited bids for roofing work at DPW and included funds in the 22/23 budget for this item of
work.

Included in the bids were sections 2B and 2C of the roofing at DPW. Section 1 was completion in
2019, and section 2A has been approved but was delayed starting so the work could coordinate with
2B and 2C to minimize impact on the building. Section 3 (last section) will not require any work for a
few years.

Staff is recommending that we accept the low bid from Ostrander Roofing and Garland Materials.


Amount Requested: $185,614                            Amount Budgeted: $185,000

Fund(s) or Account(s): 642-60442-5790                 Fund(s) or Account(s): 642-60442-5790

Recommended Motion:
Authorize staff to contract with Ostrander Roofing and Garland in the amount of $185,614 for the roofing
repairs at DPW.


Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
                                                                CITY OF MUSKEGON
                                                   BID TABULATION: DEPARTMENT OF PUBLIC WORKS
                                                          2022 ROOFING - SECTION #2B & #2C
                                                                     3/23/2022


                                                  NAME OF BIDDER               NAME OF BIDDER         NAME OF BIDDER              NAME OF BIDDER
                        VENDOR                  VANDOORN ROOFING              HOEKSTRA ROOFING      OSTRANDER ROOFING              EXCEL ROOFING
                       TELEPHONE                    847-243-7625                269-720-3004           616-240-0553                 616-446-5430
                       QUOTED BY                   PHIL LIETHERER                PHIL WOOD          RICHARD OSTRANDER               JUAN MUNOZ
                DESCRIPTION                    UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE               TOTAL PRICE
DPW - SECTION #2 LABOR QUOTES
           BASE BID: SECTION #2B & #2C                     $     89,975              $    118,400              $     76,500              $         85,000
DPW - MATERIAL PRICING
           BASE BID: SECTION #2B & #2C                     $119,267.00               $111,653.00               $106,114.00               $     106,893.00
LINE ITEM PRICING:
  REPLACEMENT OF WET INSULATION (ADDITIONAL)    SQ. FT.    $     6.50      SQ. FT.   $       8.50    SQ. FT.   $      12.00    SQ. FT.   $           4.50
          REPLACEMENT OF METAL DECK             SQ. FT.    $    10.50      SQ. FT.   $      10.50    SQ. FT.   $      12.00    SQ. FT.   $           6.00
               DRAIN REPLACEMENT               PER UNIT    $ 3,000.00     PER UNIT   $      2,500   PER UNIT   $      1,500   PER UNIT   $          2,500
           ESTIMATED FREIGHT FEES              $               3,000.00   $              3,000.00   $              3,000.00   $                3,000.00
              DPW: BASE BID                    $               212,242 $                 233,053 $                 185,614 $                    194,893
                                        THE GARLAND COMPANY, INC.
                                         HIGH PERFORMANCE ROOFING AND FLOORING SYSTEMS
                                                  3800 EAST 91ST. STREET • CLEVELAND, OHIO 44105-2197
                                                              PHONE: (216) 641-7500 • FAX: (216) 641-0633
                                                                            NATIONWIDE: 1-800-321-9336




March 23, 2022
TJ Morris
The Garland Company
(616) 502-6817
[email protected]
www.garlandco.com

2022 City of Muskegon Roofing Bids Recommendation
Attn: Department of Public Works – Section #2B & #2C

Thank you again for allowing The Garland Company the opportunity to assist the City of
Muskegon with the 2022 Roofing Projects at Department of Public Works – Section #2B & #2C.

Bids were solicited for during the week of March 7th and a pre-bid conference was held on
March 15. Bid were due back to City Hall on March 22. The City of Muskegon received 4 bids on
work to start after July 1, 2022, when the Cities budget year turns over.

The contractors bid on Sections #2B & #2C which are 2/3 of the 2nd level roof area at DPW.
Ostrander Roofing was awarded the contract for Section #2A in 2021 and will be starting that
work later this spring.

Bid Review / Results:

Ostrander Roofing            $185,614
Excel Roofing                $194,893
Van Doorn Roofing            $212,242
Hoekstra Roofing             $233,053

It would be our recommendation that the roofing bid be awarded to Ostrander Roofing as they
were the low, qualified bidder. Along with that, since they are already planning on completing
Section #2A, scheduling can be adjusted and essentially complete the entire Section #2 roof
area at once by starting Section #2A in June, and immediately rolling into Section #2B & #2C on
July 1. By doing this, the city is ensuring a much faster and cost-effective project, and once
completed, Section #2A - #2B - #2C will all be under the same warranty.

Please feel free to ask us any questions that you may have when reviewing not only the bid
tabulation form, but also during review of this recommendation.

Sincerely,

TJ Morris
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: July 12, 2022                Title: Special Event Fee Waiver-Rebel Road

Submitted By: Jacqui Erny                             Department: Public Works

Brief Summary: Child Abuse Council submitted a Special Event Fee Waiver Application for Rebel
Road on July 13-17, 2022.

Detailed Summary: Rebel Road is returning to Western Ave for 2022. The estimated fee total for
this event is $28,000.
   •   $25,000 Police Services (There are additional costs in police services that the City incurs
       and are not billed to the event. An example would be the staffing on Western Ave from 11
       pm when the event ends until 2:30 am when the crowd dissipates.)
   •   $2,300 DPW Services to move picnic tables and close streets
   •   $200 Picnic table rental
   •   $500 Fire hydrant setup and use
Based on the point system on the last page of the fee waiver application, Rebel Road would qualify
for a 25% waiver, equivalent to approximately $7,000 if approved.



Amount Requested:                                    Amount Budgeted:

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

Recommended Motion: To waive up to $7,000 in special event fees for Rebel Road 2022.

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


For City Clerk Use Only:
Commission Action:
                       Agenda Item Review Form
                        Muskegon City Commission
Commission Meeting Date: 7/12/2022                     Title: Musketawa Trail project – Change Order
                                                       #004

Submitted By: Joel Brookens                            Department: DPW, Engineering

Brief Summary: Staff is requesting approval of Change Order #004 on the Musketawa Trail
Connector project as the overall project has exceeded staff approval levels for change orders.

Detailed Summary:
The majority of Change Order #004 represents the quantity balance of all pay items and the addition of
one pay item to bring the project to final completion.

Change Order #004 requests a net increase to the project of $18,862.64 above the previously
approved requests.

This change order will result in the following final values for the project:

As-Bid Cost = $ 518,602.35
Current Cost = $ 580,736.90
Net Change = $ 62,134.55 (11.98 % Increase)

Even with the approval of Change Order #004 the project is expected to finalize below the budgeted
amount and not require any adjustments save for a potential to shift any unspent 21/22 funds to 22/23
due to delays in the MDOT billing and payment process.

Amount Requested: $ 18,862.64                           Amount Budgeted: $650,000.00



Fund(s) or Account(s): 202-99118                        Fund(s) or Account(s): 202-99118

Recommended Motion:
Authorize staff to approve Change Orders #004 to Project 99118 in the amount of $18,862.64 for
the additional work as noted.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
                                                       Contract Modification
                                                                                                                                 6/24/2022 2:11 PM
Michigan Department of Transportation
                                                                                                                                 FieldManager 5.3c

Contract: 61000-208592, Hot mix asphalt shared use path.
  Cont. Mod.          Revision            Cont. Mod.      Electronic            Net Change                     Awarded Contract Amount
   Number             Number                  Date       File Created
      4                  1                 6/24/2022          Yes               $18,862.64                           $518,602.35
              Route                                Managing Office                       District                    Entered By
                                        City of Muskegon                                 03027                      Joel Brookens
Contract Location
Port City Boulevard/Latimer Drive/Black Creek Road from Keat



Short Description
Balance of ALL items, add one item and add extension of time

Description of Changes
A. Original Contract Amount: $ 518,602.35
B. Current Contract Value (including this revision): $ 580.736.90
C. Net Total Change (B-A): $ 62,134.55
D. Net Percent Change (C/A*100): 11.98%
E. MDOT Oversight Project: Yes
F. Revision Summary: This Contract Modification requires Tier III approval.

There IS an extension of time, no liquidated damages will be assesed. There will be no Traffic Control Adjustment allowed for
this Contract Modification.

In addition, authorization is requested to add the following extra pay items to the contract:

Sidewalk, Conc., 4 inch        155 SFT at $5.73 per SFT = $888.15

Total $ 888.15

By mutual agreement, these listed unit price costs are full compensation for all labor, equipment and materials necessary to
construct these items of work in accordance with the 2012 MDOT Standard Specifications for Construction, contract Special
Provisions, MDOT Standard Plans and/or as directed by the Engineer.

Increases / Decreases
                          Item          Prop. Proj.                                          Quantity
  Item Description        Code          Line Line      Project       Catg.   Item Type       Change       Unit      Unit Price     Dollar Value

_ Catch Basin 2 Ft ID    4037050 0190 0190             208592A       0001 Original                  1.000 Ea      1,620.00000         $1,620.00
Special Detail




_ Curb and Gutter,       8027001 0700 0700             208592A       0001 Modified             271.500 Ft            15.75000         $4,276.13
Conc, with BFRP
Reinf, Det F4



_ Dr Structure Cover, 4037050 0200 0200                208592A       0001 Original                  3.000 Ea        680.00000         $2,040.00
Adj, Case 1, Modifie d




Contract: 61000-208592                                           Cont. Mod.: 4, Rev. 1                                                  Page 1 of 9
                                                      Contract Modification
                                                                                                                       6/24/2022 2:11 PM
Michigan Department of Transportation
                                                                                                                       FieldManager 5.3c




Increases / Decreases
                          Item          Prop. Proj.                                     Quantity
  Item Description        Code          Line Line     Project     Catg.   Item Type     Change     Unit   Unit Price     Dollar Value

_ Dr Structure Cover,    4037050 0210 0210            208592A     0001 Original            -3.000 Ea      565.00000         $-1,695.00
Type K, Modified




_ Dr Structure, Rem,     2037050 0060 0060            208592A     0001 Original            -1.000 Ea      565.00000           $-565.00
Modified




_ Pavt, Rem, Modified 2047011 0090 0090               208592A     0001 Original          478.700 Syd        6.60000         $3,159.42




_ Seal, Fog              5057011 0240 0240            208592A     0001 Original          -455.000 Syd       3.80000         $-1,729.00




_ Sign, Relocate         8107050 0420 0420            208592A     0001 Original            -1.000 Ea      950.00000           $-950.00




_ Underground            8507060 0660 0620            208592A     0003 Original         2,757.500 Dlr       1.00000         $2,757.50
Sprinkling Systems,
Restore



Aggregate Base           3020001 0160 0160            208592A     0001 Original           -60.000 Ton      32.60000         $-1,956.00




Aggregate Base,          3020050 0170 0170            208592A     0001 Original          -907.000 Syd       3.85000         $-3,491.95
Conditioning




Barr,TypeIII,HighInten,D8120012 0510 0630             208592A     0001 Original            -2.000 Ea       49.50000            $-99.00




Barr,TypeIII,HighInten,D8120013 0520 0640             208592A     0001 Original            -2.000 Ea        1.00000             $-2.00




Contract: 61000-208592                                          Cont. Mod.: 4, Rev. 1                                         Page 2 of 9
                                                      Contract Modification
                                                                                                                       6/24/2022 2:11 PM
Michigan Department of Transportation
                                                                                                                       FieldManager 5.3c




Increases / Decreases
                          Item          Prop. Proj.                                     Quantity
  Item Description        Code          Line Line     Project     Catg.   Item Type     Change     Unit   Unit Price     Dollar Value

Cement                   6030005 0720 0720            208592A     0001 Modified            -3.500 Ton     262.50000           $-918.75




Channelizing Device,     8120035 0530 0650            208592A     0001 Original            30.000 Ea       13.50000           $405.00
42 in, Fluor, Furn




Channelizing Device,     8120036 0540 0660            208592A     0001 Original             1.000 Ea        1.00000              $1.00
42 in, Fluor, Oper




Curb and Gutter, Rem 2040020 0070 0070                208592A     0001 Original          310.000 Ft         5.05000         $1,565.50




Curb Ramp Opening,       8030030 0280 0280            208592A     0001 Original          -100.000 Ft       17.60000         $-1,760.00
Conc




Delineator, Reflec       8100145 0340 0340            208592A     0001 Original           -22.000 Ea        5.00000           $-110.00
Sheet, 3"X12", White




Detectable Warning       8030010 0270 0270            208592A     0001 Original            14.000 Ft       30.00000           $420.00
Surface




Dr Structure, Tap, 12    4030312 0705 0705            208592A     0001 Extra                1.000 Ea      500.00000           $500.00
inch




Driveway, Nonreinf       8010005 0250 0250            208592A     0001 Original          -106.000 Syd      38.00000         $-4,028.00
Conc, 6 inch




Driveway, Nonreinf       8010007 0710 0710            208592A     0001 Extra               22.300 Syd      60.35000         $1,345.81
Conc, 8 inch




Contract: 61000-208592                                          Cont. Mod.: 4, Rev. 1                                         Page 3 of 9
                                                      Contract Modification
                                                                                                                        6/24/2022 2:11 PM
Michigan Department of Transportation
                                                                                                                        FieldManager 5.3c




Increases / Decreases
                          Item          Prop. Proj.                                     Quantity
  Item Description        Code          Line Line     Project     Catg.   Item Type     Change     Unit    Unit Price     Dollar Value

Ero Con, Inlet           2080024 0140 0140            208592A     0001 Original            -5.000 Ea       100.00000           $-500.00
Protection, Sediment
Trap



Erosion Control,         2080016 0120 0120            208592A     0001 Original            -1.000 Ea      1,000.00000        $-1,000.00
Gravel Access
Approach



Erosion Control, Silt    2080036 0150 0150            208592A     0001 Original          325.000 Ft          2.50000           $812.50
Fence




Excavation, Earth        2050016 0100 0100            208592A     0001 Original           -54.000 Cyd       15.00000           $-810.00




Granular Material, Cl    2050024 0110 0110            208592A     0001 Original           -40.000 Cyd       15.00000           $-600.00
III




Hand Patching            5010025 0220 0220            208592A     0001 Original             6.920 Ton      100.00000           $692.00




HMA Approach             5010061 0230 0230            208592A     0001 Original            75.170 Ton      173.00000        $13,004.41




Lighted Arrow, Type C, 8120140 0550 0510              208592A     0001 Original            -1.000 Ea       500.00000           $-500.00
Furn




Lighted Arrow, Type C, 8120141 0560 0520              208592A     0001 Original            -1.000 Ea         1.00000             $-1.00
Oper




Maintenance Gravel,      3060021 0685 0685            208592A     0001 Extra               47.550 Cyd       26.00000         $1,236.30
LM




Contract: 61000-208592                                          Cont. Mod.: 4, Rev. 1                                          Page 4 of 9
                                                      Contract Modification
                                                                                                                       6/24/2022 2:11 PM
Michigan Department of Transportation
                                                                                                                       FieldManager 5.3c




Increases / Decreases
                          Item          Prop. Proj.                                     Quantity
  Item Description        Code          Line Line     Project     Catg.   Item Type     Change     Unit   Unit Price     Dollar Value

Pavt Mrkg, Longit,6in    8120210 0580 0540            208592A     0001 Original         5,412.000 Ft        0.35000         $1,894.20
or Less Width, Rem




Pavt Mrkg, Ovly Cold     8110041 0440 0440            208592A     0001 Original            -26.000 Ft       4.40000           $-114.40
Plastic,12in,X-Walk




Pavt Mrkg,               8110231 0470 0470            208592A     0001 Original         -1,413.000 Ft       0.10000           $-141.30
Waterborne, 4 inch,
White



Pavt Mrkg,               8110232 0480 0480            208592A     0001 Original         1,364.000 Ft        0.10000           $136.40
Waterborne, 4 inch,
Yellow



Pavt Mrkg,               8110233 0490 0490            208592A     0001 Original         3,585.000 Ft        0.15000           $537.75
Waterborne, 6 inch,
White



Pavt Mrkg,Ovly Cld    8110039 0430 0430               208592A     0001 Original          -424.000 Ft        4.40000         $-1,865.60
Plas,12in,X-Hat,White




Pavt Mrkg,Ovly           8110044 0450 0450            208592A     0001 Original             -2.000 Ft       6.20000            $-12.40
ColdPlastic,18in,Stop
Bar



PavtMrkg,Wt            8120236 0690 0690              208592A     0001 Extra              113.000 Ft        0.89000           $100.57
Ref,TypeNR,Paint,4in,Y




Plastic Drum,            8120252 0665 0665            208592A     0001 Extra                4.000 Ea       18.00000             $72.00
Fluorescent, Furn




Plastic Drum,            8120253 0670 0670            208592A     0001 Extra                4.000 Ea        1.00000              $4.00
Fluorescent, Oper




Contract: 61000-208592                                          Cont. Mod.: 4, Rev. 1                                         Page 5 of 9
                                                      Contract Modification
                                                                                                                        6/24/2022 2:11 PM
Michigan Department of Transportation
                                                                                                                        FieldManager 5.3c




Increases / Decreases
                          Item          Prop. Proj.                                     Quantity
  Item Description        Code          Line Line     Project     Catg.   Item Type     Change     Unit    Unit Price     Dollar Value

Post, Flexible,          8100360 0350 0350            208592A     0001 Original           -11.000 Ea        55.00000           $-605.00
Delineator




Post, Steel, 3 lb        8100371 0360 0360            208592A     0001 Original            11.000 Ft         7.15000             $78.65




Rem Spec Mrkg            8110343 0500 0500            208592A     0001 Original          -122.000 Sft        2.10000           $-256.20




Riprap, Plain            8130010 0640 0600            208592A     0001 Original          -216.000 Syd       54.50000       $-11,772.00




Sewer, Cl E, 12 inch,    4020600 0180 0180            208592A     0001 Original            11.000 Ft        82.50000           $907.50
Tr Det B




Sewer, Rem, Less         2030015 0050 0050            208592A     0001 Original           -10.000 Ft        18.20000           $-182.00
than 24 inch




Shared use Path,         8060010 0300 0300            208592A     0001 Original          507.050 Ton        35.00000        $17,746.75
Aggregate




Shared use Path, HMA 8060040 0320 0320                208592A     0001 Original            30.560 Ton      132.60000         $4,052.26




Sidewalk Ramp, Conc, 8030036 0290 0290                208592A     0001 Original          167.400 Sft         6.55000         $1,096.47
6 inch




Sign, Portable,     8120330 0590 0550                 208592A     0001 Original            -1.000 Ea      2,430.00000        $-2,430.00
Changeable Message,
Furn




Contract: 61000-208592                                          Cont. Mod.: 4, Rev. 1                                          Page 6 of 9
                                                      Contract Modification
                                                                                                                         6/24/2022 2:11 PM
Michigan Department of Transportation
                                                                                                                         FieldManager 5.3c




Increases / Decreases
                          Item          Prop. Proj.                                     Quantity
  Item Description        Code          Line Line     Project     Catg.   Item Type     Change     Unit    Unit Price      Dollar Value

Sign, Portable,     8120331 0600 0560                 208592A     0001 Original            -1.000 Ea       250.00000            $-250.00
Changeable Message,
Oper



Sign, Type B, Temp,      8120350 0610 0570            208592A     0001 Original            94.000 Sft         3.00000           $282.00
Prismatic, Furn




Sign, Type B, Temp,      8120351 0675 0675            208592A     0001 Extra               16.500 Sft         1.00000             $16.50
Prismatic, Oper




Sign, Type            8120352 0680 0680               208592A     0001 Extra               28.000 Sft         9.00000           $252.00
B,Temp,Prismatic,Spec
Furn



Sign, Type            8120353 0620 0580               208592A     0001 Original          -440.000 Sft         1.00000           $-440.00
B,Temp,Prismatic,Spec
Oper



Sign, Type IIIB          8100405 0390 0390            208592A     0001 Original            -4.500 Sft        20.00000            $-90.00




Stump, Rem, 37 inch      2020007 0030 0030            208592A     0001 Original            -1.000 Ea       245.00000            $-245.00
or Larger




Stump, Rem, 6 inch to 2020008 0040 0040               208592A     0001 Original            -3.000 Ea         89.00000           $-267.00
18 inch




Subbase, CIP             3010002 0715 0715            208592A     0001 Extra             -177.950 Cyd        20.52000         $-3,651.53




                                                                                                   Total Dollar Value:       $17,974.49




Contract: 61000-208592                                          Cont. Mod.: 4, Rev. 1                                           Page 7 of 9
                                                      Contract Modification
                                                                                                                              6/24/2022 2:11 PM
Michigan Department of Transportation
                                                                                                                              FieldManager 5.3c




New Items
                       Item      Prop. Proj.                                             Proposed
Item Description       Code      Line Line         Project     Catg. ItemType            Quantity Unit           Unit Price       Dollar Value

Sidewalk, Conc, 4     8030044 0725 0725            208592A     0001 Extra                    155.000 Sft           5.73000             $888.15
inch

    Reason: Extra sidewalk was needed to a adjust grade for existing adjacent sidewalks. The unit cost of $5.73 per SFT was deemed
    reasonable since the MDOT Weighted Average Price report for 2021 has an average award unit cost price for this item from $ 3.41 to
    $ 6.02 per SFT.



                                                                                                      Total Dollar Value:              $888.15

Time Extensions
                                                                           Original Compl.      Additional       New Compl.
Site      Site Description                             Site Type              Date/Days         No. of Days       Date/Days
 00 Contract Time 00                                 Completion Date          6/3/2022                            6/17/2022
       Reason: See attached EOT


Project / Category Summary
                          Project/Category               Federal                                       Finance      Control
    Project/Catg            Description                  Number               Project Status           System       Section    Dollar Value
   208592A            Hot mix asphalt shared use         21A0562             MDOT Oversight                NRT       61000
                      path and timber boardwalk.


              0001    Road Work Federal 88%/City of Muskegon 12%                                                                   $16,105.14


              0003    Road Work City of Muskegon 100%                                                                               $2,757.50


                                                                                                                  Total:           $18,862.64


                                                                                           Total Net Change Amount:                $18,862.64




Contract: 61000-208592                                             Cont. Mod.: 4, Rev. 1                                             Page 8 of 9
                                                  Contract Modification
                                                                                                               6/24/2022 2:11 PM
Michigan Department of Transportation
                                                                                                               FieldManager 5.3c




If authorized, the contractor agrees to do the work outlined above under the direction of the Engineer, and to accept as
payment in full the basis of payment as indicated. Prime Contractor, you are authorized and instructed as the contractor
to do the work described herein in accordance with the terms of your contract.

Prime Contractor: Kamminga & Roodvoets, Inc.                   Recommended by Construction Engineer: Gregg Zack -
                                                               Muskegon TSC


Signature                                               Date   Signature                                                 Date

Prepared by Project Engineer: Leo Evans                        Authorized by Managing Office Manager:



Signature                                               Date   Signature                                                 Date

Prepared by Consultant Project Manager:                        Authorized by Region Construction Engineer:



Signature                                               Date   Signature                                                 Date

Recommended by Local Agency:                                   Authorized by Bureau of Field Services:



Signature                                               Date   Signature                                                 Date

Authorized by Airport Sponsor:                                 Authorized by Airports Division:



Signature                                               Date   Signature                                                 Date

                                        FEDERAL PARTICIPATION - ACTION BY F.H.W.A.

           ___Approved ___Not Eligible

            ___See Letter Dated _________                             (Signature)                               (Date)
                                        FEDERAL PARTICIPATION - ACTION BY F.A.A.

           ___Approved ___Not Eligible

            ___See Letter Dated _________                             (Signature)                               (Date)




Contract: 61000-208592                                    Cont. Mod.: 4, Rev. 1                                       Page 9 of 9
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: July 12th, 2022                Title: DPW Vehicle Change Order

Submitted By: Joe Buckingham                            Department: DPW - Equipment

Brief Summary: The Equipment Division is requesting permission to amend the price of the previously
approved DPW Vehicle Replacement purchase.

Detailed Summary:
At the 8/24/2021 Commission Meeting the Commission approved the purchase of 15 (fifteen)
replacement vehicles in the amount of $476,131 for various DPW vehicles as follows:


   •   F-350 Construction Trucks (3 EA - 1 Highway / 1 Traffic / 1 Water & Sewer)
   •   F-450 Dump Trucks (2 EA - 1 Highway / 1 General Use)
   •   F-250 Water/Sewer Dept. (4 EA - 4 Water & Sewer)
   •   F-250 Parks Dept. (3 EA - Parks)
   •   2500 HD Fleet Vehicles (3 EA - DPW Supervisor Vehicles)

We are just starting to receive the bulk of these vehicles and finding that the approved price will
require adjustment for two reasons:
   •   First, is staff error in that the original approval amount of $476,131 was based on the
       estimated vehicle cost and did not include the anticipated build costs which are in addition
       to the base vehicle costs. Had that been corrected at the time of the 8/24/21 action the
       staff request would have been for $571,000 as shown in the attached. (Item #1 = $94,869
       and was included in the original budget)

   •   Second, is the inflationary pressure on build pricing and the fact that several of these
       vehicles will be rolled from one model year to the next before they can be fulfilled carrying a
       price increase. Also included in this revision is a change in need wherein one of the F-350
       vehicles is being changed from a Construction Truck to a Lift Station truck which is a
       substantially more expensive build cost to equip the vehicle with a crane. This is due to the
       condition of our existing lift station truck moving up in priority. (Item #2 = $78,164 and
       represents a net cost increase)


A summary of the originally budgeted amounts and the revised amounts per vehicle is attached to
summarize the change.
There are sufficient funds in the equipment budget to support this revision and it will be addressed
via a future reforecast if needed, further delays in delivery may negate the need for a reforecast. If
necessary a reforecast would likely be addressed at the 2nd or 3rd quarter of 22/23.

Amount Requested: $173,033                            Amount Budgeted: $94,869
($649,164 Final Price - $476,131 Approved)            ($571,000 Budget - $476,131 Approval)

Fund(s) or Account(s): 661-60932-5730                 Fund(s) or Account(s): 661-60932-5730

Recommended Motion: Authorize a change in the overall purchase price for the 15 DPW
replacement vehicles from $476,131 to $649,164.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
                                       Actual Vehicle Cost   Actual Vehicle Cost                     Difference Over Current   Difference Over
Vehicle        Department                                                          Original Budget                                               Explanation
                                       (Original Approval)       With Build                                 Approval           Original Budget

F-350 4x2        Highway                    $30,889             $38,746.63            $42,000              $7,857.63             ($3,253.37)
F-350 4x2         Traffic                   $30,889             $37,513.63            $42,000              $6,624.63             ($4,486.37)
F-350 4x4      Water/Sewer                  $34,034             $68,355.26            $40,000              $34,321.26            $28,355.26      Changed from Construction Build to Lift Station
F-450 4x2   Highway w/Dump Bed              $34,880               $50,292             $42,000              $15,412.00            $8,292.00       Build Costs Inflated Since Original Budget
F-450 4x4   General w/Dump Bed              $37,470               $52,882             $45,000              $15,412.00            $7,882.00       Build Costs Inflated Since Original Budget
F-250 4x2       Water Dept.                 $28,284               $39,772             $33,000              $11,488.00            $6,772.00       Build Costs Inflated Since Original Budget
F-250 4x2       Water Dept.                 $28,284               $39,772             $33,000              $11,488.00            $6,772.00       Build Costs Inflated Since Original Budget
F-250 4x2       Water Dept.                 $28,284               $39,772             $33,000              $11,488.00            $6,772.00       Build Costs Inflated Since Original Budget
F-250 4x2       Water Dept.                 $28,284               $39,772             $33,000              $11,488.00            $6,772.00       Build Costs Inflated Since Original Budget
F-250 4x4       Parks Dept.                 $29,274               $40,762             $37,500              $11,488.00            $3,262.00       Build Costs Inflated Since Original Budget
F-250 4x4       Parks Dept.                 $29,274               $40,762             $37,500              $11,488.00            $3,262.00       Build Costs Inflated Since Original Budget
F-250 4x4       Parks Dept.                 $29,274               $40,762             $33,000              $11,488.00            $7,762.00       Switched from Supervisor truck to Maint. Truck
2500 HD         Supervisor                  $35,670               $40,000             $40,000              $4,329.67               $0.00
2500 HD         Supervisor                  $35,670               $40,000             $40,000              $4,329.67               $0.00
2500 HD         Supervisor                   $35,670              $40,000              $40,000             $4,329.67               $0.00
                              TOTALS        $476,131             $649,164             $571,000             $173,033               $78,164

                                                                                      $94,869
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: July 12, 2022                 Title: Sale – 213 Myrtle

Submitted By: Hope Griffith                            Department: Planning Department

Brief Summary: City staff is seeking authorization to sell the City owned vacant lot to Franchelle
Crowley.

Detailed Summary: Franchelle Crowley will be constructing a single-family home on the lot owned
by the City of Muskegon. The property is zoned R-3 (Single Family Residential). The parcel will be
sold for 75% of the True Cash Value (TCV) per policy. The selling price will be $2,025. The
property is in the Brownfield Development area. The home will be constructed within eighteen (18)
months.



Amount Requested: None.                               Amount Budgeted: $0

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

Recommended Motion: Authorize the Code Coordinator to work with the developer and complete
the sale of the City owned buildable lot as described and to have the Mayor and Clerk sign the
purchase agreement and deed.



Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
                         REAL ESTATE PURCHASE AGREEMENT


      THIS AGREEMENT is made June ___, 2022 (“Effective Date”), by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and FRANCHELLE CROWLEY, of 222 Amity Ave., Muskegon,
MI ("Buyer").

       1.       General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, the real estate, and all improvements thereon, with all beneficial easements,
and with all of Seller's right, title and interest in all adjoining public ways, located in the City of
Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as:

       CITY OF MUSKEGON REVISED PLAT 1903 LOT 4 BLOCK 205.
       Parcel #: 61-24-205-205-0004-00

Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.

        2.      Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Two Thousand Twenty-Five and no/100 Dollars ($2,025), payable in cash, money order,
bank certified check, wiring at the closing.

       3.      Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.

         4.     Title Insurance. Seller agrees to deliver to Buyer, on or before the closing date, a
commitment for title insurance, issued by Transnation Title Insurance Company, for an amount
not less than the purchase price stated in this Agreement, guaranteeing title on the conditions
required herein. In the event the reservations, restrictions or easements of record disclosed by
said title commitment is, in the sole discretion of Buyer, deemed unreasonable, Seller shall have
forty-five (45) days from the date Seller is notified in writing of such unreasonableness of
restriction and such unmarketability of title, to remedy such objections. If Seller resolves such
restrictions and remedies the title (by obtaining satisfactory title insurance or otherwise) within
the time specified, Buyer agrees to complete this sale as herein provided, within ten (10) days of
written notification thereof. If Buyer closes on the Premises, any objections to the title are
deemed waived. If Seller fails to resolve such restrictions or remedy the title within the time
above specified or fails to obtain satisfactory title insurance, this Agreement will be terminated at
Buyer's option. The premium for the owner's title policy shall be paid by Seller.

        5.      Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
premises one (1) single-family home, up to all codes, within eighteen (18) months of the closing
of this transaction. The home shall be substantially completed within eighteen (18) months and,
in the event said substantial completion has not occurred, or the restriction of this paragraph
relating to tree removal is violated, in the sole judgment of the City, the property and all
improvements then installed shall revert in title to the City, without any compensation or credit
to Buyer, and free of all liens. The covenants in this paragraph shall survive the closing and run
with the land.

         6.     Survey. Buyer at its own expense may obtain a survey of the Premises, and Buyer
or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If no
survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.

     7.    Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE
FOUND.

        8.     Closing. The closing date of this sale shall be on or before 90 days after the
Effective Date ("Closing"). The Closing shall be conducted at Transnation Title Insurance
Company, 570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the parties shall
execute an IRS closing report at the Closing.

       9.      Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.

       10.     Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
        11.    Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.

        12.     Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement. Buyer shall pay for the cost of recording the deed to be delivered at Closing as well
as half of the closing costs.

       13.     General Provisions.

             a.     Paragraph Headings. The paragraph headings are inserted in this
       Agreement only for convenience.

                b.    Pronouns. When applicable, pronouns and relative words shall be read as
       plural, feminine or neuter.

              c.     Merger. It is understood and agreed that all understandings and
       agreements previously made between Buyer and Seller are merged into this Agreement,
       which alone fully and completely expresses the agreement of the parties.

              d.      Governing Law. This Agreement shall be interpreted and enforced
       pursuant to the laws of the State of Michigan.

              e.      Successors. All terms and conditions of this Agreement shall be binding
       upon the parties, their successors and assigns.

               f.      Severability. In case any one or more of the provisions contained in this
       Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
       respect, such invalidity, illegality, or unenforceability shall not affect any other provision
       of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
       unenforceable provision(s) had never been contained herein.

              g.      Survival of Representations and Warranties. The representations,
       warranties, covenants and agreements contained in this Agreement and in any instrument
       provided for herein shall survive the Closing and continue in full force and effect after
       the consummation of this purchase and sale.

              h.      Modification of the Agreement. This Agreement shall not be amended
       except by a writing signed by Seller and Buyer.
        The parties have executed this Real Estate Purchase Agreement on the date written below
their names, to be effective as of the day and year first above written.


WITNESSES:                                    SELLER: CITY OF MUSKEGON


_______________________________               By_____________________________________
                                              Ken Johnson, Mayor
                                              Date: __________________


_______________________________               By ____________________________________
                                              Ann Marie Meisch, MMC, Clerk
                                              Date: __________________


                                              BUYER: Franchelle Crowley.


________________________________              _____________________________________
Witness Name:____________________
                                              Date: __________________
________________________________
                         Agenda Item Review Form
                          Muskegon City Commission

Commission Meeting Date: July 12, 2022                Title: Amendment to the zoning ordinance –
                                                      critical dunes

Submitted By: Mike Franzak                            Department: Planning

Brief Summary: Staff-initiated request to revoke Section 2310 (Critical Dunes) of the zoning
ordinance.




Detailed Summary:
The Planning Commission unanimously recommended in favor of revoking the ordinance.




Amount Requested:                                    Amount Budgeted:

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

Recommended Motion: To approve the request to request to revoke Section 2310 of the zoning
ordinance.



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


For City Clerk Use Only:
Commission Action
                                   Planning Commission Excerpt:

SUMMARY

 1. The City took control of critical dune enforcement (from EGLE) in 2019 in an effort to speed up review
     times for applicants and to reduce their fees.
 2. The City accepts critical dune permit applications and forwards them to our consultant, Point Blue, for
     review. Point Blue then makes a recommendation on the issuance of the permit.
 3. The State (EGLE) allows themselves up to 90 days to respond to critical dune applications. In talking
     with previous applicants, staff has learned that EGLE often approves applications well before that
     deadline, but sometimes may wait until the deadline to respond.
 4. The City usually processes critical dune applications in about 20-30 days.
 5. Under an EGLE review, fees for a new home appear to cost about $1,100, but fees for a deck addition
     range from $150-$250.
 6. The City charges $1,500 for a critical dune permit. This was recently increased from $1,100 because
     EGLE is now requiring that we conduct post-construction inspections, which will need to be done with
     our consultant. Refunds may be given if the consultant fees are not as much as anticipated, but that is
     a rare occurrence. Sometimes the consultant fees exceed the amount of the application fee. The Deck
     expansion in 2019 cost $2,100, but the applicant was only charged $1,500. The consultant fees for the
     project at 3561 Woodlawn Ct in 2021 to bury power lines were $1,168, but the application fee was only
     $1,100.
 7. Consulting fees for smaller projects appear to cost a lot more than they would if reviewed by EGLE.
     The consulting fee for a fence addition at 1550 Nelson was $431.
 8. Staff has processed 20 applications since 2019.
 9. Each application takes approximately 3-4 hours of staff time.
 10. Additional calls about potential projects take approximately 1 hour of staff time per week.
 11. We have been audited twice since 2019 and anticipate that we will be audited every year from now on.
     Each audit takes about 40 hours of staff time and additional costs from the consultant.
 12. We have just completed the second audit and are no longer in violation.
 13. Revoking the ordinance would return critical dune enforcement to EGLE.


                                            Permits Issued
                                  Year      Public    Private     Total
                                  2019        3          3          6
                                  2020        0          2          2
                                  2021        1          5          6
                                  2022        0          6          6
                                  Total       4         16         20
                                         CITY OF MUSKEGON

                                  MUSKEGON COUNTY, MICHIGAN

                                        ORDINANCE NO._____


An ordinance to revoke Section 2310 (Critical Dunes) of the zoning ordinance.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Section 2310 of the zoning ordinance is hereby revoked.

This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                   CITY OF MUSKEGON

                                                   By: _________________________________
                                                          Ann Meisch, MMC, City Clerk
                                         CERTIFICATE

       The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 12th day of July 2022, 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: ___________________, 2022.            __________________________________________
                                             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 July 12, 2022, the City Commission of the City of Muskegon adopted an
ordinance to revoke Section 2310 (Critical Dunes) of the zoning ordinance.
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 ____________________, 2022.                          CITY OF MUSKEGON


                                                               By _________________________________
                                                                        Ann Meisch, MMC
                                                                        City Clerk


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


PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.


Account No. 101-80400-5354
From:            Mike Franzak
To:              Kimberly Young
Subject:         FW: Resolution completed of EGLE-WRD audit of Muskegon"s CDA program
Date:            Wednesday, June 29, 2022 3:12:55 PM


Please put a copy of this email with the Critical Dune agenda item. Thanks
 
From: Lederle, Kate (EGLE) 
Sent: Wednesday, June 29, 2022 2:21 PM
To: Mike Franzak 
Cc: LeighAnn Mikesell ; Lounds, Amy (EGLE)

Subject: Resolution completed of EGLE-WRD audit of Muskegon's CDA program
 
Hello Mike,
Muskegon has provided the assurances and information requested because of the audit
conducted by the Michigan Department of Environment, Great Lakes, and Energy (EGLE)
Water Resources Division (WRD) dated November 1, 2021. All issues regarding the audit
have been resolved to date.
 
Sincerely,
 
Kate Lederle
Environmental Quality Specialist
517-290-2757 | [email protected]
Water Resources Division | Great Lakes Shorelands
High Risk Erosion Areas Michigan.gov/Shorelands
Critical Dune Areas Michigan.gov/CriticalDunes



 
 
 

                WARNING: This email originated outside of the City of Muskegon email system!
                DO NOT CLICK links if the sender is unknown.
                NEVER provide your User ID or Password.

 
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date:                          Title: Arena Seats

Submitted By: Jake Laime                          Department: Arena

Brief Summary: The arena has added seating with the expansion of Suite 6 and Party Deck 3. We
look to add seating to these areas as well as replacing lost, stolen, and or damaged seats.


Detailed Summary:
Trinity Health Arena is requesting the approval to purchase new seating to fill the newly expanded
areas. The arena is operating the Suites, Loges and Party Decks with the original seating
purchased during the initial remodel. Arena management would like to consolidate all current
seating to one area and purchase new seating more friendly to the budget. The goal would be to
cycle out the old and transition everything to the new over a period of time to ensure that the city
wont be responsible to replace everything all at once.

Amount Requested: $10,000                            Amount Budgeted: $10,000

Fund(s) or Account(s):                               Fund(s) or Account(s): 254-5700

Recommended Motion: Approval of expense...


For City Clerk Use Only:

Commission Action:
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: July 12, 2023            Title: Arena Floors (Lower Level)

Submitted By: Jake Laime                          Department: Arena

Brief Summary: The arena is in desperate need of new rubber flooring. We are requesting that the
lower level (tunnel, locker-rooms) be fitted for arena grade vulcanized rubber with a 20yr life span.


Detailed Summary:
Trinity Health Arena is requesting the approval of new vulcanized rubber flooring throughout the
lower level. We have roughly 10,000 square feet of hallway and locker-room space that needs a
complete overhaul. The deterioration of the current rubber floor is full of bacteria and MRSA. It is
becoming more difficult to clean, maintain, and keep sanitary. The vulcanized rubber floor we wish
to install has many benefits to it including: Non porous, easy to clean, Green Guard Gold certified,
100% recyclable, Fire resistant, Fungal...bacterial and microbial resistance throughout. The cost is
$150,000 and we would look to install the new flooring while the ice is out during the month of July.
This completed project will put the arena in good standing for 20+ years and continue to add value
to the recruitment of top programs, teams, and players from around the country.

Amount Requested: $123,580                           Amount Budgeted: $150,000

Fund(s) or Account(s):                               Fund(s) or Account(s): 254-9000

Recommended Motion: Approval of expense...


For City Clerk Use Only:

Commission Action:
                    Agenda Item Review Form
                     Muskegon City Commission

Commission Meeting Date: July 12, 2022              Title: Lawrence Baker Lot Sale Amendment

Submitted By: Jake Eckholm                          Department: Planning/Economic Dev.

Brief Summary: Staff is seeking approval of the attached amendment to the attached Lot Sale
Agreement.

Detailed Summary. Mr. Baker has requested to purchase a lot at 1341 Ducey instead of 1328 James
Street as originally approved by the Commission. The number of constructed homes and the lot
purchase amount remains unchanged.



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

Fund(s) or Account(s): State/Federal Grants       Fund(s) or Account(s): N/A

Recommended Motion: Motion to approve the Amendment to the Lot Sale Agreement as
presented, and authorize the mayor and clerk to sign.
                         PURCHASE AND DEVELOPMENT AGREEMENT

        This Purchase and Development Agreement (“Agreement”) is made June 14, 2022 (“Effective
Date”), between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street,
Muskegon, Michigan 49440 (“City”), and Lawrence Baker, a married man, of 1346 Hillcrest Drive,
Muskegon, Michigan 49442 (“Developer”), with reference to the following facts:

                                               Background

        A.      Developer proposes to purchase and develop seven (7) vacant properties owned by City,
which are located in the City of Muskegon, Muskegon County, Michigan, and commonly known and legally
described on the attached Exhibit A (each property is, a “Parcel” and collectively “Project Property”).

        B.        City and Developer desire to establish the terms, covenants, and conditions upon which
City will sell and Developer will purchase and develop the Project Properties. Developer intends to develop
on the Project Property six (6) single-family homes (the “Project”).

        Therefore, for good and valuable consideration, the parties agree as follows:

        1.       Sale and Purchase of Project Properties. City agrees to sell to Developer, and Developer
agrees to purchase from City, on the terms and subject to the conditions set forth in this Agreement, the
Project Properties, subject to reservations, restrictions, and easements of record.

         2.      Purchase Price. The total purchase price for the Project Properties shall be $30,000, which
shall be paid in cash or other immediately available funds at Closing (defined below). The total purchase
price for the Project Property shall be allocated to the Parcel as provided on Exhibit A.

Pursuant to Paragraph 3(b) below, the parties acknowledge and agree that Developer shall be eligible to be
reimbursed all or a portion of the purchase price for the Parcel upon the completion of certain design
standards as further described herein.

        3.      Construction and Development Requirements.

                 a.      Construction Dates. The parties acknowledge and agree that Developer shall have
        a period of eighteen (18) months from the date of Closing to complete the Project (“Construction
        Period”), except as otherwise provided in this Agreement or as otherwise mutually agreed upon by
        the parties in writing.

                b.       Construction Details; Purchase Price Reimbursement. Developer’s construction
        and development of the Project Properties shall be in substantial conformance with its plans and
        specifications provided to City by Developer or as otherwise agreed upon in writing between City
        and Developer. As referenced above, Developer shall be eligible for reimbursement of all or a
        portion of the purchase price for the Project Property upon Developer’s satisfaction of the following
        design standards for each single-family home it constructs on the Project Property:
                          Design Standard                    Purchase Price Reimbursement for Parcel
             Open front porch of at least 60 sq. ft.                           25%
             Picture or bay window                                             25%
             Shutter or other acceptable window                                25%
             treatments
             Underground Sprinkling                                               25%

        (By way of example only: If Developer completes three of the design standards listed above for
        the construction at the Parcel located at 1375 James Avenue, Developer would be reimbursed
        $4,556.25, which is 75% of the $6,075 purchase price for this Parcel. If Developer completes all
        four design standards, Developer would be reimbursed the entire purchase price for this Parcel.)

          4.      Right of Reversion. Notwithstanding anything herein to the contrary, and as security for
Developer’s obligation to commence and complete construction of a single-family house on each of the
Project Properties, the quit claim deed conveying the Project Properties to Developer shall contain a right
of reversion in all of the Project Properties (“City’s Reversionary Right”), which may be exercised by City,
in its sole and absolute discretion, if any of the following conditions occur:

                 a.      Developer does not commence construction within sixty (60) days after the date of
        Closing, in which case title to all of the Project Properties shall automatically revert to City upon
        the terms and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph
        4(a), commencing construction means furnishing labor and materials to at least one Parcel of the
        Project Properties and beginning installation of the approved single-family home(s).

                 b.      Developer does not complete construction of all Project Properties prior to
        expiration of the Construction Period, in which case title to any of the Project Properties that are
        not complete by the end of the Construction Period shall automatically revert to City upon the terms
        and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph 4(b),
        completing construction means the issuance of an occupancy permit by City for all of the Project
        Properties. Provided, however, the parties agree to reasonably negotiate an extension of the
        Construction Period up to a period of six (6) months for any of the Project Properties that have a
        completed foundation before the expiration of the initial Construction Period.

If any of the above conditions occur, City shall automatically have City’s Reversionary Right to reacquire
title to any or all of the Project Properties, as the case may be. To exercise City’s Reversionary Right
described herein, City must provide written notice to Developer (or its permitted successors, assigns, or
transferees) within thirty (30) days of Developer’s failure under this Agreement, but in any event prior to
Developer satisfying the conditions set forth in Paragraph 4(a) or Paragraph 4(b) above, as the case may
be, and record such notice with the Muskegon County Register of Deeds. Upon request of City, Developer
shall take all reasonable steps to ensure City acquires marketable title to any or all of the Project Properties,
as the case may be, through its exercise of its rights under this Paragraph within thirty (30) days of City’s
demand, including without limitation, the execution of appropriate deeds and other documents.

In addition, if any or all of the Project Properties revert to City, City may retain the purchase price for such
Project Properties free and clear of any claim of Developer or its assigns. In the event of reversion of title
of any or all of the Project Properties, improvements made on such Project Properties shall become the
property of City. In no event shall the Project Properties be in a worse condition than upon the date of
Closing. These covenants and conditions shall run with the land and be recorded in the quit claim deed
from City to Developer.

        5.      Waiver of Water/Sewer Connection Fee. Upon the condition that all Project Properties
are completed no later than the Construction Completion Date, City agrees to waive the water/sewer
connection fee for all Project Properties.

        6.       Title Insurance. Within five (5) days after the Effective Date, Developer shall order a title
commitment for an extended coverage ALTA owner’s policy of title insurance issued by Transnation Title
Agency (the “Title Company”) for the Project Properties in the amount of the total purchase price for the
Project Properties and bearing a date later than the Effective Date, along with copies of all of the underlying
documents referenced therein (the “Title Commitment”). Developer shall cause the Title Company to issue
a marked-up commitment or pro forma owner’s policy with respect to the Project Properties at the Closing
naming Developer as the insured and in form and substance reasonably satisfactory to Developer, but
subject to Permitted Exceptions (defined below). As soon as possible after the Closing, Developer shall
cause the Title Company to furnish to Developer an extended coverage ALTA owner’s policy of title
insurance with respect to the Project Properties (the “Title Policy”). City shall be responsible for the cost
of the Title Policy; provided, however, Developer shall be solely responsible for the cost of any
endorsements to the Title Policy that Developer desires.

          7.       Title Objections. Developer shall have until the end of the Inspection Period (as defined
below) within which to raise objections to the status of City’s title to the Project Properties. If objection to
the title is made, City shall have seven (7) days from the date it is notified in writing of the particular defects
claimed to either (a) remedy the objections, or (b) notify Developer that it will not remedy the objections.
If Developer does not notify City in writing as to any title or survey objections, then Developer will be
deemed to have accepted the condition of title as set forth in the Title Commitment. If City is unwilling or
unable to remedy the title or obtain title insurance over such defects within the time period specified, then
notwithstanding anything contained herein to the contrary, Developer may, at its option, upon written notice
to City, either (i) terminate this Agreement and neither City nor Developer shall have any further obligation
to the other pursuant to this Agreement, except as otherwise provided herein, or (ii) waive such objection,
in which case such objection shall become a Permitted Exception, and thereafter proceed to the Closing
according to the terms of this Agreement. Any matter disclosed on the Title Commitment that is waived or
not objected to by Developer shall be deemed a “Permitted Exception.”

         8.      Property Taxes and Assessments. City shall be responsible for the payment of all real
estate taxes and assessments that become due and payable prior to Closing, without proration. Developer
shall be responsible for the payment of all real estate taxes and assessments that become due and payable
after Closing, without proration.

         9.      Survey. Developer at its own expense may obtain a survey of any or all of the Project
Properties, and Buyer or its surveyor or other agents may enter any of the Project Properties for that purpose
prior to Closing. If no survey is obtained, Developer agrees that Developer is relying solely upon
Developer's own judgment as to the location, boundaries, and area of the Project Properties and
improvements thereon without regard to any representations that may have been made by City or any other
person. In the event that a survey by a registered land surveyor made prior to Closing discloses an
encroachment or substantial variation from the presumed land boundaries or area, City shall have the option
of affecting a remedy within seven (7) days after disclosure, or terminate this Agreement. Developer may
elect to purchase the Project Properties subject to said encroachment or variation.

        10.    Inspection Period. At Developer’s sole option and expense, Developer and Developer’s
agents may conduct inspections of each of the Project Properties within thirty (30) days after the Effective
Date (“Inspection Period”). Developer’s inspection under this Paragraph may include, by way of example
but not limitation, inspections of any existing improvements to each Parcel, other systems servicing the
Parcel, zoning, and the suitability for Developer’s intended purposes for each Parcel. If Developer, in
Developer’s reasonable discretion, is not satisfied with the results of the inspections for any reason,
Developer shall notify City in writing of Developer’s prior to expiration of the 30-day Inspection Period. If
Developer so notifies City, this Agreement shall be terminated and have no further force and effect. If no
written objection is made by Developer within the stated period, this inspection contingency shall be
deemed to be waived by Developer and the parties shall proceed to Closing in accordance with the terms
of this Agreement.

         11.      Condition of Project Properties. City and Developer acknowledge and agree that each
Parcel in the Project Properties is being sold and delivered “AS IS”, “WHERE IS” in its present condition.
Except as specifically set forth in this Agreement or any written disclosure statements, City has not made,
does not make, and specifically disclaims any and all representations, warranties, or covenants of any kind
or character whatsoever, whether implied or express, oral or written, as to or with respect to (i) the value,
nature, quality, or condition of any of the Project Properties, including without limitation, soil conditions,
and any environmental conditions; (ii) the suitability of the Project Properties for any or all of Developer’s
activities and uses; (iii) the compliance of or by the Project Properties with any laws, codes, or ordinances;
(iv) the habitability, marketability, profitability, or fitness for a particular purpose of the Project Properties;
(v) existence in, on, under, or over the Project Properties of any hazardous substances; or (vi) any other
matter with respect to the Project Properties. Developer acknowledges and agrees that Developer has or
will have the opportunity to perform inspections of the Project Properties pursuant to this Agreement and
that Developer is relying solely on Developer’s own investigation of the Project Properties and not on any
information provided to or to be provided by City (except as specifically provided in this Agreement). If
the transaction contemplated herein closes, Developer agrees to accept the respective Project Properties
acquired by Developer and waive all objections or claims against City arising from or related to such Project
Properties and any improvements thereon except for a breach of any representations or warranties or
covenants specifically set forth in this Agreement. In the event this transaction closes, then subject to City’s
express representations, warranties, and covenants in this Agreement, Developer acknowledges and agrees
that it has determined that the respective Project Properties it has acquired and all improvements thereon
are in a condition satisfactory to Developer based on Developer’s own inspections and due diligence, and
Developer has accepted such Project Properties in their present condition and subject to ordinary wear and
tear up to the date of Closing. The terms of this Paragraph shall survive the Closing and/or the delivery of
the deed.

       12.     Developer’s Representations and Warranties of Developer. Developer represents,
covenants, and warrants the following to be true:

               a.      Authority. Developer is a Michigan limited liability company. Developer has the
        power and authority to enter into and perform Developer’s obligations under this Agreement.

                 b.      Litigation. No judgment is outstanding against Developer and no litigation, action,
        suit, judgment, proceeding, or investigation is pending or outstanding before any forum, court, or
        governmental body, department or agency or, to the knowledge of Developer, threatened, that has
        the stated purpose or the probable effect of enjoining or preventing the Closing.

                c.       Bankruptcy. No insolvency proceeding, including, without limitation, bankruptcy,
        receivership, reorganization, composition, or arrangement with creditors, voluntary or involuntary,
        affecting Developer or any of Developer's assets or properties, is now or on the Closing Date will
        be pending or, to the knowledge of Developer, threatened.
        13.      Conditions Precedent. This Agreement and all of the obligations of Developer under this
Agreement are, at Developer’s option, subject to the fulfillment, before or at the time of the Closing, of
each of the following conditions:

                a.      Performance. The obligations, agreements, documents, and conditions required to
        be signed and performed by City shall have been performed and complied with before or at the date
        of the Closing.

              b.          City Commission Approval. This Agreement is approved by the Muskegon City
        Commission.

        14.      Default.

                a.       By Developer. In the event Developer fails to comply with any or all of the
        obligations, covenants, warranties, or agreements under this Agreement and such default is not
        cured within ten (10) days after receipt of notice (other than Developer’s failure to tender the
        purchase price in full at Closing, a default for which no notice is required), then City may terminate
        this Agreement.

                b.       By City. In the event City fails to comply with any or all of the obligations,
        covenants, warranties or agreements under this Agreement, and such default is not cured within ten
        (10) days after receipt of notice, then Developer may either terminate this Agreement or Developer
        may pursue its legal and/or equitable remedies against City including, without limitation, specific
        performance.

        15.      Closing.

                 a.      Date of Closing. The closing date of this sale shall be as mutually agreed by the
        parties, but in no event later than 8/31/2022 (“Closing”), unless this Agreement is terminated in
        accordance with its provisions. The Closing shall be conducted at such time and location as the
        parties mutually agree.

                 b.       Costs. The costs associated with this Agreement and the Closing shall be paid as
        follows: (i) Developer shall pay any state and county transfer taxes in the amount required by law;
        (ii) City shall pay the premium for the owner’s Title Policy, provided that Developer shall pay for
        any and all endorsements to the Title Policy that Developer desires; (iii) City shall be responsible
        to pay for the recording of any instrument that must be recorded to clear title to the extent required
        by this Agreement; (iv) Developer shall pay for the cost of recording the deed; and (v) Developer
        and City shall each pay one-half of any closing fees charged by the Title Company.

                 c.       Deliveries. At Closing, City shall deliver a quit claim deed for the Project
        Properties and Developer shall pay the purchase price. The quit claim deed to be delivered by City
        at closing shall include the City Right of Reversion described in Paragraph 4 above. The parties
        shall execute and deliver such other documents reasonably required to effectuate the transaction
        contemplated by this Agreement.

        16.      Real Estate Commission. Developer and City shall each be responsible for any fees for
any real estate agents, brokers, or salespersons regarding this sale that it has hired, but shall have no
obligation as to any fees for any real estate agents, brokers, or salespersons regarding this sale that the other
party has hired.
        17.       Notices. All notices, approvals, consents and other communications required under this
Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii) when sent by
fax or email: (iii) when sent by a nationally-recognized receipted overnight delivery service with delivery
fees prepaid; or (iv) when sent by United States first-class, registered, or certified mail, postage prepaid.
The notice shall be effective immediately upon personal delivery or upon transmission of the fax or email;
one day after depositing with a nationally recognized overnight delivery service; and five (5) days after
sending by first class, registered, or certified mail.

Notices shall be sent to the parties as follows:

        To City:         City of Muskegon
                         Attn.: LeighAnn Mikesell, Deputy City Manager
                         933 Terrace Street
                         Muskegon, MI 49440

        w/ copy to:      Parmenter Law
                         Attn.: John C. Schrier
                         601 Terrace Street, Suite 200
                         Muskegon, MI 49440
                         Email: [email protected]

        To Developer: Lawrence Baker
                      1346 Hillcrest Drive
                      Muskegon, MI 49442
                      Email: [email protected]

        18.      Miscellaneous.

               a.      Governing Law. This Agreement will be governed by and interpreted in
        accordance with the laws of the state of Michigan.

                b.      Entire Agreement. This Agreement constitutes the entire agreement of the parties
        and supersedes any other agreements, written or oral, that may have been made by and between the
        parties with respect to the subject matter of this Agreement. All contemporaneous or prior
        negotiations and representations have been merged into this Agreement.

               c.       Amendment. This Agreement shall not be modified or amended except in a
        subsequent writing signed by all parties.

                 d.      Binding Effect. This Agreement shall be binding upon and enforceable by the
        parties and their respective legal representatives, permitted successors, and assigns.

                 e.     Counterparts. This Agreement may be executed in counterparts, and each set of
        duly delivered identical counterparts which includes all signatories, shall be deemed to be one
        original document.

                 f.      Full Execution. This Agreement requires the signature of all parties. Until fully
        executed, on a single copy or in counterparts, this Agreement is of no binding force or effect and if
        not fully executed, this Agreement is void.
                g.       Non-Waiver. No waiver by any party of any provision of this Agreement shall
        constitute a waiver by such party of any other provision of this Agreement.

                h.       Severability. Should any one or more of the provisions of this Agreement be
        determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
        enforceability of the remaining provisions of this Agreement shall not in any way be impaired or
        affected.

                 i.      No Reliance. Each party acknowledges that it has had full opportunity to consult
        with legal and financial advisors as it has been deemed necessary or advisable in connection with
        its decision to knowingly enter into this Agreement. Neither party has executed this Agreement in
        reliance on any representations, warranties, or statements made by the other party other than those
        expressly set forth in this Agreement.

                j.     Assignment or Delegation. Except as otherwise specifically set forth in this
        Agreement, neither party shall assign all or any portion of its rights and obligations contained in
        this Agreement without the express or prior written approval of the other party, in which approval
        may be withheld in the other party's sole discretion.

                k.      Venue and Jurisdiction. The parties agree that for purposes of any dispute in
        connection with this Agreement, the Muskegon County Circuit Court shall have exclusive personal
        and subject matter jurisdiction and that Muskegon County is the exclusive venue.

        This Agreement is executed effective as of the Effective Date set forth above.

CITY:                                                  DEVELOPER:

CITY OF MUSKEGON                                       LAWRENCE BAKER


By: _______________________________                    By: _______________________________
Name: Ken Johnson
Title: Mayor                                           Dated: __________________
Dated: __________________


By: _______________________________
Name: Ann Marie Meisch
Title: City Clerk
Dated: __________________
                                          Exhibit A


The following described premises located in the City of Muskegon, County of Muskegon, State of
Michigan, and legally described as follows:

CITY OF MUSKEGON URBAN RENEWAL PLAT NO 2 LOTS 352-353.
1375 James Avenue
#61-24-611-000-0352-00
Price: $4,875

CITY OF MUSKEGON URBAN RENEWAL PLAT NO 2 LOT 376.
1328 James Avenue
#61-24-611-000-0376-00
Price: $4,875

CITY OF MUSKEGON URBAN RENEWAL PLAT NO 2 LOT 371.
1284 James Avenue
#61-24-611-000-0371-00
Price: $4,050

CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4 LOT 690 EXCEPT EAST 16 FEET.
1057 Leonard Avenue
#61-24-613-000-0690-00
Price: $4,050

CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4 EAST 16 FEET LOT 690 AND WEST 34
FEET LOT 691.
1067 Leonard Avenue
#61-24-613-000-0691-00
Price: $4,050

CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4 LOT 691 EXCEPT WEST 34 FEET AND
WEST 17 FEET LOT 692.
1077 Leonard Avenue
#61-24-613-000-0691-10
Price: $4,050

CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4 LOT 692 EXCEPT WEST 17 FEET.
1087 Leonard Avenue
#61-24-613-000-0692-00
Price: $4,050
          FIRST AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT
        This First Amendment to Purchase and Development Agreement (“Amendment”) is made effective
by and among the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street, Muskegon,
Michigan 49440 (“City”), and Lawrence Baker, a married man, of 1346 Hillcrest Drive, Muskegon,
Michigan 49442 (“Developer”), with reference to the following facts:
                                              Background
        The parties entered into a Purchase and Development Agreement dated effective June 14, 2022
(“Purchase Agreement”), pursuant to which Developer agreed to purchase and develop certain vacant
properties owned by City for the purpose of developing single-family homes on the vacant properties. City
and Developer wish to amend the Purchase Agreement on the terms and conditions set forth in this
Amendment.
         Therefore, for good and valuable consideration, the parties agree as follows:
         1.     Sale & Purchase of Project Properties. City and Developer wish to amend the term
Project Properties as that term is defined in the Purchase Agreement to remove 1328 James Avenue and
add one additional property commonly known as 1341 Ducey Avenue, Muskegon, Michigan 49442, and
legally described on the attached Exhibit A (“Additional Property”). Except as otherwise provided in this
Amendment, City’s sale of the Additional Property to Developer shall be subject to the same terms and
conditions set forth in the Purchase Agreement, including, but not limited to, the construction and
development requirements set forth in paragraph 3 of the Purchase Agreement.
         2.      Purchase Price. The purchase price of the Additional Property shall be $4,875. The
removal of 1328 James Avenue had a purchase price of $4,875. Accordingly, the parties agree that the total
purchase price of the Project Properties shall remain at $30,000.00, which shall be payable to City as set
forth in the Purchase Agreement.
       3.        Full Force and Effect; Counterparts. Except as modified by this Amendment, the
Purchase Agreement shall remain in full force and effect. This Amendment may be signed in one or more
counterparts, each of which shall be deemed to be an original, with the same effect as if the signatures on
this Amendment and each of the counterparts were on the same instrument. Electronic copies and
signatures sent in PDF format shall be treated as originals.

 CITY:                                                 DEVELOPER:

 CITY OF MUSKEGON                                      LAWRENCE BAKER

 By: _______________________________                   By: _______________________________
 Name: Ken Johnson
 Title: Mayor                                          Dated: __________________, 2022
 Dated: __________________, 2022

 By: _______________________________
 Name: Ann Marie Meisch
 Title: City Clerk
 Dated: __________________, 2022




Reference #: 00100.2371
                                            EXHIBIT A

                                         Legal Description


The Additional Property is located in the City of Muskegon, County of Muskegon, State of Michigan, and
is legally described as:

         CITY OF MUSKEGON URBAN RENEWAL PLAT NO 2 LOT 413.

Commonly known as 1341 Ducey Avenue, Muskegon, Michigan, 49442.
Parcel # 61-24-611-000-0413-00




Reference #: 00100.2371
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: July 12, 2022                Title: Polling Location Change

Submitted By: Ann Meisch                              Department: City Clerk

Brief Summary: We just recently learned that Bunker School will not be available for Elections
through a minimum of August 2023 due to construction. Lakeside Baptist Church is willing to
accommodate a polling place.



Detailed Summary: Lakeside Baptist Church, 2250 Denmark, has a large gym in their basement
with an elevator able to accommodate those who are unable to use stairs. We anticipate a nominal
fee for the use of the building but the building more than meets our needs as a polling location for
the foreseeable future while Bunker is being remodeled.




Amount Requested:                                    Amount Budgeted:

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



Recommended Motion: To approve the request to move the polling location of Precinct 13 to
Lakeside Baptist Church.

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

Commission Meeting Date: July 12, 2022                 Title: Final PUD approval at 2801 Lakeshore
                                                       Dr

Submitted By: Mike Franzak                             Department: Planning


Brief Summary: Request for Final Planned Unit Development approval for a housing development at
2801 Lakeshore Dr, by Muskegon Club Property, LLC.


Detailed Summary: The Preliminary PUD includes the development of up to 39 single-family houses at
the southwest corner of the property and the development of up to 25 rental cottage units on the northern
edge of the property. The Planning Commission unanimously approved the Preliminary PUD.

The applicant is only seeking Final PUD approval for the 39 single-family houses and will apply for Final
PUD approval for the 25 rental cottage units at a later time. The Planning Commission unanimously
voted in favor of recommending approval of the Final Planned Unit Development for the 39 single-family
homes and two new private streets with the condition that a sidewalk be added to the Beach St side of
the development.

Amount Requested:                                    Amount Budgeted:

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

Recommended Motion: To approve the Final Planned Unit Development for the 39 single-family
homes and two new private streets with the condition that a sidewalk be added to the Beach St
side of the development and an updated site plan is approved by staff.


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


For City Clerk Use Only:
Commission Action:
                  PLANNING COMMISSION STAFF REPORT EXCERPT
                                           June 16, 2022

SUMMARY

 1. The PUD request involves the development of two portions of the 170-acre golf course site. One
    portion of the development would include the addition of 25 rental cottage units (ranging from
    single-family to 4-plex) on the northern edge of the property. Although cottage sizes have not yet
    been identified for this preliminary plan, they are anticipated to be smaller than the minimum size
    required by the ordinance (850 sqft). The other portion would include the addition of 39 single-
    family houses located on two new private streets at the southwest corner of the property. The
    density of this proposed development is much lower than what is allowed by the ordinance.
 2. There are currently 211 parking spaces on site that serve the golf course and restaurant/event space.
    This plan proposes to increase the amount of parking by adding 84 additional spaces. The increase
    is proposed to serve the proposed cottages and increased membership to the gold course/club
    house.
 3. Please see the two-separate write-ups enclosed that describe the projects in more detail.
 4. Please see the preliminary and final PUD site plans enclosed.
 5. The applicant is seeking preliminary approval of the PUD, which includes both portions of the
    project, the cottages and the permanent homes.
 6. The applicant is seeking final PUD approval for the permanent homes on the southwest corner of
    the property.
 7. Notice was sent to everyone within 300 feet of this property. At the time of this writing, staff had
    not received any comments from the public.
Zoning Map




Aerial Map
                                       CITY OF MUSKEGON
                                       RESOLUTION #2022-
          RESOLUTION TO APPROVE THE FINAL PLANNED UNIT DEVELOPMENT FOR
                              2801 LAKESHORE DRIVE


WHEREAS, a petition for final Planned Unit Development approval for a residential development at 2801
Lakeshore Dr has been received; and,

WHEREAS, proper notice was given by mail and publication and public hearings were held by the City
Planning Commission and by the City Commission to consider said petition, during which all interested persons
were given an opportunity to be heard in accordance with provisions of the Zoning Ordinance and State Law;
and.

WHEREAS, the Planning Commission and staff have recommended approval of the Final Planned Unit
Development and associated site plan with the condition that a sidewalk be added to the Beach St side of the
development and an updated plan is approved by staff; and

NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the Planning Commission be
accepted and the final Planned Unit Development is hereby approved with the following condition: a sidewalk
be added to the Beach St side of the development and an updated plan is approved by staff.

Adopted this 12th day of July 2022

       Ayes:

       Nays:

       Absent:

                                              By:
                                                    Ken Johnson
                                                    Mayor

                                              Attest:
                                                        Ann Meisch
                                                        Clerk, City of Muskegon
                                              CERTIFICATE
                                     (Final PUD at 2801 Lakeshore Dr)

         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 a resolution adopted by the City
Commission of the City of Muskegon, at a regular meeting of the City Commission on the 12th day of July,
2022, 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 Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required thereby.

DATED: ___________________, 2022.              _______________________________________
                                               Ann Meisch
                                               Clerk, City of Muskegon
                                                                                                        Muskegon Lake                                                                          Windward Pointe
                                                                  Short-Term




                                                                                                                                                                                                                            Y
                                                                  Rental Cottages
                                                                  4 Bedrooms with Common          Restaurant / Event /                               Muskegon Country Club            Club Member / Staff /                         Residential
                                                                  Living, Dining, Kitchen and                                                                                                                                       14 Maximun Units
                                                                  Deck                            Cottage Parking                                    Lake Bluff Grille                Guest Parking
                                                                                                                                                     Event Space                                                                    30’ Setback from Existing Drive
                                                  Balcom’s Cove                                    149 Existing Spaces
                                                                                                                                                     Locker Rooms
                                                                                                                                                                                      62 Existing Spaces
                                                                                                                                                                                                                                    40’ Wide Building Envelope
                                                  Condominium                                                                                                                         106 Expanded Spaces




                                                                                                                                                                                                                          R
                                                                                                   189 Expanded Spaces                               Pro Shop                                                                       Detached, Duplex and/or Four-Plex
                                                                         Cottage Grove                                                               Fitness                                                                        20’ Minimum Between Buildings
                                                                          Public Boat                     Edge of                                    Etc.
                                                                            Launch                                                                                Service Area                               Existing
                                                                                                          Existing Parking




                                                                                                                                          Lake Vie
                                                                                                                                                                                                            Entrance                                Utilities




                                                                                                                                                                                 A
                                                                                                                                                                                                                Drive                               Access From Lakeshore
                                                                                                                           Restaurant




                                                                                   w
                                                                                                                                                                           Pool          Edge of                                                    Drive via existing drive




                                                                                Lake Vie
                                                                                                                         Entrance with




                                                                                                                                             w
                                                                                                                                                                                         Existing                                                   corridor
                                            Primary                                                                           Drop-Off                                                   Parking




                                                                                                                                                                                                              Lake V
                                     Restaurant and                                                                                                                                                                                                      Primary Members,
                                       Event Space




                                                                                                                                                                               N
                                                                                                                                                                                                                                                         Guests and Staff




                                                                                                                                                                                                                    iew




                                                                                                                                                                                                                                              iew
                                          Entrance                                                                                                                                                                                                       Entrance




                                                                                                                                                                                                                                        Lake V
                                                                                                                                                                 I
            Utilities                                                                                                                                                                                                                                      Lakeshore Drive
            Access From
            Cottage Grove
            via existing drive
            corridor




                                                                                                                                M
                                        ve
                                   ro
                                 G
                            ge                                                                                                                                                                                            Parking




                                                                                                                              I
                        tta                                                                                                       Event Space                                     Member &
                   Co                                                                                                            Entrance with                                    Guest
                                                                                                                                      Drop-Off                       Putting      Entrance
                                                                                                                                                                     Green
                                                      ing




                                                                                              L
                                        l
                                                    ep




                                    tia
                                                 ske




                                 en
                                                                                                                                                                                                              Driving Range
                           sid
                                                nd




                        Re
                                               ou




                    t




                                                                                            E
                 en
                                             Gr




             jac
          Ad




                                                      P R                                       PRELIMINARY PLANNED UNIT DEVELOPMENT
                                                                                                Improvements to Muskegon Country Club clubhouse and surrounding area
                                                                                                to primarily serve an expanding membership, a spectacular event venue,
                                                                                                                                                                                                                                                                      SITE



NORTH
                                                                                                the Lake Bluff Grille - a new and rebranded public restaurant, short-term
SCALE                                                                                           rental cottages for local and out-of-town members, guests, and social event
1”=200’                                                                                         participants, as well as new residential opportunities on the east bluff
                                                                                                overlooking Muskegon Lake.




          Last Revised - May 23, 2022
                                                                                                                                                     Short-Term Rental Cottages                                       Restaurant / Event /




                                                                                                                                                                                                                                                                                     Lake View
                                                                                                                                      w
                                                                                                                                                     4 Bedrooms with Common Living, Dining, Kitchen                   Cottage Parking




                                                                                                                                   Lake Vie
                                                                                                                                                     and Deck. Primary use by local and out-of-town
                                                                                                                                                                                                                       149 Existing Spaces
                                                                                                                                                     Country Club members, guests, social event , etc.                                                     Restaurant
                                                                                                                                                                                                                       189 Expanded Spaces
                                                                                                                                                                                                                                                         Entrance with
                                                                                                                                                                                                                              Edge of Existing Parking        Drop-Off




                                 Primary Restaurant and
                                  Event Space Entrance
                                                                                                                         595
                                                                                                                                   600
                                                                                                                                               605
                                                                                                                                                     610
                                                                                                                                                           615
                                                                                                                                                                 620
                                                                                                                                                                                                    600
                                                                                                                                                                                                          605
                                                                                                                                                                                                                610
                                                                                                                                                                                                                       615
                                                                                                                                                                                                                              620 625




                                                                                                                                                                                                                                                         R Y
                                                                                                                                                                                                                         A
              Utilities
              Access From Cottage
              Grove via existing drive                                                            PHASE6201                                                  625              620                               PHASE 3                                                                               650




                                                                                                                                                                                                                                               635




                                                                                                                                                                                                                                                                640




                                                                                                                                                                                                                                                                                                            64
                                                                                                                                                                                                                       N
              corridor




                                                                                                                                                                                                                                                                                                            5

                                                                                                                                                                                                                                                                                                                 64
                                                                                                                                                                                                                                                                                                                 0
                                                                                                                                              625




                                                                                                                                                                                                                               630
                                                              61




                                                                                                                                                                                                         I
                                                                5
                                                                                                                                                     625




                                                                                    0
                                                                                  62




                                                                                                                                                                   M
                                                                        615

                                                                                                                                                                                                                                                                                                      64




                                                                                                                                                                 I
                                                                                                                                                                                                                                                                                                        0
                                                                                      620
                                                                                                                                                                                                                                                                            Event Space




                                                                                                                                                                                                                                                                                                 63
                                                                                                                         625                                                        5                                                                                                63




                                                                                                                                                                                                                                                                                                 5
                                                                                                                                                                                61                                                                                         Entrance with0

                                                                                                                                                        PHASE 2                                                                                                                 Drop-Off




                                                                                                     L
                                                                                                                                                                                        0
                                                                                                                                                                                        62




                                                                                                                                                                                                                                                                                 62
                                                                                                                                                                                                                                                                                     5
                                                                                                   E
                             l




                                                                                                                                                                                                                                                                               620
                                                                                                                                                                                                                                                                      61
                         tia
                      en




                                                                                                                                                                                                                                                                      5
                                                       ing




                   sid
                                                     ep




                  e
               tR                                                                                                            620
                                                   ske




              n                                                                                                                                                              620
           ce




                                                 R
         a
                                                 nd




      dj




                                                                                                                                                                                                                                                                                                                 63
     A
                                               ou




                                                                                                                       615




                                                                                                                                                                                                                                                                                                                  0
                                              Gr




                                                                                                                                                                                             5
                                               P                                                                                                                                             61
                                                                                                                                                                                                                                                                                                                      620



                                                                                                                                                                                                                        620
                                                                                                                  62
                                                                                            615




                                                                                                                    0




NORTH

SCALE
1”=100’


                                                P. 149 Preliminary PUD Submittal requirement -
                                                                                                                         PRELIMINARY PLANNED UNIT DEVELOPMENT
                                                “A general development plan depicting the proposed locations of
                                                streets, parking areas, open spaces, buildings and structures,
                                                and their spatial relationships, the relationship to off-site
                                                improvements and infrastructure and any unusual topographic
                                                features.”

          Last Revised - May 23, 2022
                            Muskegon Country Club                                                                             Club Member / Staff /
  Restaurant                    Lake Bluff Grille                                                                             Guest Parking
  Entrance with                 Event Space                                                                                    62 Existing Spaces
  Drop-Off                      Locker Rooms                                                                                   106 Expanded Spaces
                                Pro Shop
                                Fitness                                                                                                                Existing                       Residential                                Primary Members,
                                Etc.
                                                                                                                                                      Entrance                        14 Maximun Units                           Guests and Staff
                                                                                                                                                                                      30’ Setback from Existing Drive
                                                                                                                                                          Drive                                                                  Entrance




                                                                                                                                                                    Lake View
                                                                                                                                                                                      40’ Wide Building Envelope




                                                                                                                                                                                                             Y
                                                                                                                                                                                      Detached, Duplex and/or Four-Plex
                                                                                                                                                                                      20’ Minimum Between Buildings                   Utilities
                                                                                                                                                                                                                                      Access From Lakeshore Drive via
                                                                           600                                                                                                                                                        existing drive corridor
                                                                     610
                                                               615




                                                                                                                                                                                                           R
                                                    625 620




                                                                               630
                                                                635
                                   650                Service




                                                                                                                                                                  A
                                            64         Area
                                                                                     Pool
                                              5

                                                    64
                                                    0
                                                                                                                                                                                                                                            595




                                                                                                                                          615




                                                                                                                                                                                605




                                                                                                                                                                                                                    59
                                                                                                                                                                                                     600
                                                                                                                                                          610
                                                                                                                                                                                                                                            600




                                                                                                                                                                                                                      5
                                                                                                                                                                                                                                             605




                                                                                                                                                                N
                                                                                                     625
                                                                                                                                                                                                                                            610
                                                                                                                                                                                615                                                         615
                                                                                                                                                                                                                                            620




                                                                                                                       620
                                                                                                                                                                                                                                            625




                                                                                                                                                      I
                                                                                                                                                                                                                                            630
                                                                                                                                                                                                                                            635
                                                                                                                                                                                620                                                         640
                                                                                                     Member &                                                      Parking
       Event Space
      Entrance with
                                  64
                                     0                                                               Guest
                                                                                                     Entrance




                                                                                                                             M
           Drop-Off                                                                                                          620
                           63




                                                                                                                                                                                                                                  64
                     63
                           5




                                                                                                                                                                                                                                      0
                       0
                                                                           0




                                                                                                                           I
                                                                       63            Putting                    Edge of                                    Residential
                                                                                     Green                      Existing                                                                        62
                                                                                                                                                           The timing of these units will be       5
              62




                                                                                                                                                                                                                                635
                                                                                                                Parking                                    subject to the marketplace &
                 5




                                                                                                                                                           economy. As such, it is assumed that




                                                                                                       L



                                                                                                                                                                                                                          630
                                                                                                                                                           they will likely be implemented in
                                                                                     625                                                                   concert with the development of
           620
 61
  5




                                                                                                                                                           Windward Pointe on the SAPPI
                                                                                               630
                                                                                                                                                           property.




                                                                                                     E
                                                                                                                                    Driving Range
                                                    63
                                                     0




                                                          625




                                                      R
                                                                                                     0
                                                                                                     62




                                                         620




NORTH
                                                    P
SCALE
1”=100’


                                                                                                           PRELIMINARY PLANNED UNIT DEVELOPMENT


          Last Revised - May 23, 2022
thence S40°29'12”E 149.30 feet along the Westerly of Larkin Street; thence S06°55'15”E 504.89 feet; thence S00°31'35”E 294.74 feet; thence S17°05'18”E 156.97
feet; thence S28°58'31”W 92.95 feet; thence S14°35'17”W 132.85 feet; thence S31°07'41”E 75.01 feet; thence S74°03'36”E 157.44 feet; thence S04°10'48”E
169.89 feet; thence S08°03'48”W 91.78 feet; thence S50°11'20”E 161.45 feet; thence N74°25'16”E 392.69 feet; thence N84°18'48”E 151.19 feet; thence
S55°59'47”E 288.01 feet; thence S35°09'02”W 82.74 feet; thence S19°55'24”E 134.14 feet; thence S02°29'01”W 300.68 feet to the Point of Beginning. Contains
21.32 acres. Subject to easements, restrictions and rights-of-way of record.

PARCEL 2: Part of Section 34, Town 10 North, Range 16 West, City of Muskegon, Muskegon County, Michigan, described as: Beginning at the Northeast corner
Block 694, Revised Plat (of 1903) of the City of Muskegon, as recorded in Liber 3 of Plats, Page 71; thence S02°39'48”W 325.87 feet along the East line of said                                                                                                                        L=172.34'              L=239.19'
Block; thence N38°55'23”W 245.72 feet; thence N89°13'28”W 91.69 feet; thence S84°18'07”W 144.26 feet; thence S88°10'19”W 129.30 feet; thence N87°09'22”W                                                                                                                                                                                                                                                                                                                                                               This sur
                                                                                                                                                                                                                                                                                       R=374.99'             R=1653.93'                                                                                                                                                                                                compare
135.24 feet; thence N70°51'29”W 167.12 feet; thence S29°20'12”W 58.74 feet; thence N82°32'22”W 102.02 feet; thence S45°36'13”W 155.12 feet; thence




                                                                                                                                                                                                                                                                                                                                                                                                            Y
                                                                                                                                                                                                                                                                                       I=026°19'54"        I=008°17'10"                                                                                              L=124.88'
N40°25'31”W 108.96 feet; thence S68°38'12”W 57.48 feet; thence S51°27'46”W 79.82 feet; thence N83°13'19”W 277.56 feet; thence S59°48'22”W 133.68 feet;
                                                                                                                                                                                                                                                                                       CHD=S75°53'40"E CHD=S84°55'03"E                                                                                            R=1352.77'                                                                                          SURVE
thence N80°12'31”W 280.02 feet; thence N58°44'26”W 164.81 feet; thence S79°04'59”W 203.96 feet; thence N40°31'12”W 177.29 feet; thence N49°20'36”E 341.07
                                                                                                                                                                                                                                                                                       CHD=170.82'                                                                                                                                                                                                                    I certify
feet along the North line of Block 698 of said Plat; thence S62°43'43”E 2.59 feet along the Southerly right-of-way of Lakeshore Drive; thence Easterly along said                                                                                                                                          CHD=238.98'                                                                                          I=005°17'21"                                                                                          positiona
right-of-way 172.34 feet along a 374.99 foot radius curve to the left, said curve having a central angle of 26°19'54", and a chord bearing S75°53'40”E 170.82 feet;                                                                                                                                     LAKESHORE DRIVE                                                                                     CHD=S83°25'08"E                                                                  NE CORNER,               within th




                                                                                                                                                                                                                                                                                                                                                                                                          R
thence S89°03'37”E 921.13 feet along said right-of-way; thence Easterly along said right-of-way 239.19 feet along a 1653.93 foot radius curve to the right, said curve                                                                                                     7'                  L7
                                                                                                                                                                                                                                                                                                                                                                                                                CHD=124.83'                                                                  BLOCK 694
                                                                                                                                                                                                                                                                        1.0




                                                                                                                                                                                                                                                                                                                                                                                 © 2021 Nederveld, Inc.
                                                                                                                                                                                                                                                                                                          S89°03'37"E 921.13'
                                                                                                                                                                                                                               34 legal description shown above. The description should be
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    PART
having a central angle of 08°17'10", and a chord bearing S84°55'02”E 238.98 feet; thence S80°46'28”E 578.08 feet along said right-of-way; thence Easterly along                                                            '
                                                                                                                                                                                                                         40 the
                                                                                                                                                                                                  This survey was made 3from                                                                                                                                                                               S80°46'2                           S86°03'48"E
said right-of-way 124.88 feet along a 1352.77 foot radius curve to the left, said curve having a central angle of 05°17'20.62", and a chord bearing S83°25'08”E                                                        =
                                                                                                                                                                                                  compared with the Abstract
                                                                                                                                                                                                                     P      " Eof Title or Title Policy for accuracy, easements and exceptions.                                                                                                                     8"E 578.0
                                                                                                                                                                                                                          6                           '3                                             O F M IC                                                                                                                 8'                97.62'
                                                                                                                                                                                                                                                                                       PARCEL 2
124.83 feet; thence S86°03'48”E 97.62 feet along said right-of-way to the Point of Beginning. Contains 15.22 acres. Subject to easements, restrictions and
                                                                                                                                                                                                 SURVEYOR'S9°CERTIFICATE: A
                                                                                                                                                                                                                                                   20               G                          TE
                                                                                                                                                                                                                                                                                                                HI




                                                                                                                                                                                                                                                                                             A
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Part of Se




                                                                                                                                                                                                                                                                                                                                                                                                                                                                       S02°39'48"W 545.79'



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 SHERIN
rights-of-way of record.                                                                                                                                                                                            4




                                                                                                                                                                                                                                                                                                                                                                                                                                                   325.87'
                                                                                                                                                                                                                                                      Scott




                                                                                                                                                                                                                                                                                                                        A
                                                                                                                                                                                                 I certify that theNrequirements for 1970 PA 132,AREA:




                                                                                                                                                                                                                                                                              ST
                                                                                                                                                                                                                                                     MCL  15.22 ACRES
                                                                                                                                                                                                                                                           54.213  have been met. The relative                                                                                                                                                                                                                      Michigan.




                                                                                                                                                                                                                                                                                                                         N
                                                                                                                                                                                                                       of the corners identified for thisA
                                                                                                                                                                                                              L6               NED
                                                                                                                                                                                                 positional precision                                    survey and shown on the map are                                                                                                                  L19
REMAINDER: Part of Section 34, Town 10 North, Range 16 West, City of Muskegon, Muskegon County, Michigan, described as: Beginning at the Southeast corner                                                                                                                                                                                                                                                                         L22 L23
                                                                                                                                                                                                 within the limits accepted by theL8practice
                                                                                                                                                                                                                                         L9 of professional surveying.
                                                                                                                                                                                                                                                   Hendges                                                                                                                 6                                          L20   L21
                                                                                                                                                                                                                                                                                                                                                                        L1




                                                                                                                                                                                                                                                                                                                             YOR
Block 695, Revised Plat (of 1903) of the City of Muskegon, as recorded in Liber 3 of Plats, Page 71; thence N87°34'31”W 1327.11 feet along the South line of said




                                                                                                                                                                                                                                                                           L IC EN
                                                                                                                                                                                                                                                                                                                                   L12
                                                                                                                                                                                                                                             "E                                                            L11                                                                                             L18                                                                                                      SEE PAG




                                                                                                                                                                                                                                                                                                                                                                                                                                            L2
                                                                                                                                                                                                                                                                         L5                        L10
                                                                                                                                                                                                                                        '0 36 '




                                                                                                                                                                                                                                                                                                                                                                                                                                               4
Block and Block of 696 of said Plat; thence N87°30'59”W 24.98 feet along the South line of said Block 696; thence N02°29'01”E 300.68 feet; thence N19°55'24”W                                                                                                                                  License No.




                                                                                                                                                                                                                                                                                           N
                                                                                                                                                                                                                                                                   L4                                                                                                                                     L17




                                                                                                                                                                                                                                                                                                                            VE
                                                                                                                                                                                                                                      2                        P = 33.5'                                                            L13
                                                                                                                                                                                                                                    9° .50                                                     4001047953                                                                   L15




                                                                                                                                                                                                                                                                                                                                                                                                                                                   219.92'
134.14 feet; thence N35°09'02”E 82.74 feet; thence N55°59'47”W 288.01 feet; thence S84°18'48”W 151.19 feet; thence S74°25'16”W 392.69 feet; thence                                                                                                                                                                                                     L14




                                                                                                                                                                                                                                                                              SE
                                                                                                                                                                                                                                  N4 491                                                                                                                                                                                                                                                                            SEE PAG




                                                                                                                                                                                                                                                                                                                         R
N50°11'20”W 161.45 LINEfeet;TABLE
                             thence N08°03'48”E 91.78 feet; thenceLINE    TABLE 169.89 feet; thence N74°03'36”W
                                                                      N04°10'48”W                                 LINE TABLE
                                                                                                                          157.44 feet; thence N31°07'41”W 75.01 feet;




                                                                                                                                                                                                                                                                                                                        U
                                                                                                                                                                                                                                                                                  D
                                                                                                                                                                                                                                                                                           P                            S




                                                                                                                                                                                                                                                            I
                                                                                                                                                                                    By:                                                                                                        RO                   L
thence N14°35'17”E 132.85 feet; thence N28°58'31”E 92.95 feet; thence N17°05'18”W 156.97 feet; thence N00°31'35”W 294.74 feet; thence N06°55'15”W 504.89                                      L1                                                                                                    F E S S IO NA
feet; thence       BEARING
        LINEN49°30'48”E     66.00 feetLENGTH
                                       along the Southerly         BEARING
                                                       LINEright-of-way              LENGTH
                                                                         of Larkin Street;           LINE
                                                                                           thence N40°29'12”W     BEARING
                                                                                                                  223.68  feet alongLENGTH
                                                                                                                                     the Westerly line of Lot 34, Block 698         Scott A.
                                                                                                                                                                                          MON
                                                                                                                                                                                             Hendges Licensed
                                                                                                                                                                                                           L3 Professional Surveyor No. 4001047953                                                                                                                                                                                                                    S87°25'39"E                     MINER
of said Plat; thence N49°20'36”E 491.50 feet along the Northerly line of said Lot; thence S40°31'12”E 38.33 feet along the Easterly line of said Lot; thence
                                                                                                                                                                                                                                                   DETAIL                                                                                                                                                                                                             6.83'
                                                                                                                                                                                                                                       NED
                                                                                                                                                                                    NO SCALE
                                                                                                                                                                                          REBAR                                       L2                                                                                     NORTH
         L1 21.39
N28°42'12”E       S40°29'12"E
                     feet along the Southerly           L15
                                       149.30'line of Lot        S40°25'31"E
                                                          14 of said                  108.96' 203.96
                                                                     Block; thence N79°04'59”E        L29feet; thence   S58°44'26”E151.19'
                                                                                                                N84°18'48"E           164.81 feet; thence S80°12'31”E
280.02 feet; thence N59°48'22”E 133.68 feet; thence S83°13'19”E 277.56 feet; thence N51°27'46”E 79.82 feet; thence N68°38'12”E 57.48 feet; thence S40°25'31”E                              N5                                                            Redwater Group
                                                                                                                                                                                                     5°5                                              Scale:  1"=30'




                                                                                                                                                                   M




                                                                                                                                                                                                                                                                                                                                                                                                                                                            S02°44'40"W 1055.10'
                                                                                                                                                                                                                                                      Steve Plakmeyer




                                                                                                                                                                                                                                                                                                                                                               7/21/2021 11:47
                                                                                                                                                                                                   N00°15'40"W 1129.05'
                                                                                                      L3058.74N74°25'16"E            392.69'167.12 feet; thence
                                                                                                                                                                                                                                                                                                                                                                                 BLOCK 694
         L2 thence
108.96 feet;      N49°30'48"E
                     N45°36'13”E 155.12     feet; thenceL16
                                        66.00'                   N45°36'13"E
                                                         S82°32'22”E                  155.12'
                                                                       102.02 feet; thence  N29°20'12”E          feet; thence S70°51'29”E                                                                                 9'4              5500 Cascade Road SE
                                                                                                                                                                                                                             7"W                                                                                                                                                                                                                                                             MORTON




                                                                                                                                                                                                                                      L40
                                                                                                                                                                                                                                                                   BLOCK 697
S87°09'22”E 135.24 feet; thence N88°10'19”E 129.30 feet; thence N84°18'07”E 144.26 feet; thence S89°13'28”E 91.69 feet; thence S38°55'23”E 245.72 feet;                                                                                          Suite 200
         L3       N40°29'12"W          223.68'                                        102.02'                                                                                                                                          28 Grand Rapids, MI 49546
                                          the East line L17      S82°32'22"E               S87°25'39”EL31       S50°11'20"E          161.45'




                                                                                                                                                                 I
thence S02°39'48”W     219.92 feet along                of Block 694 of said Plat; thence                6.83 feet along said East line; thence S02°44'40”W 1055.10 feet                                                                 8      .01                                                                     www.nederveld.com • 800.222.1868




                                                                                                                                                                                                                                                                                                                                                               JV
along said East line; thence N87°41'17”W 5.50 feet along the South line of said Block; thence S02°18'43”W 1307.93 feet along the East line of said Block 695 to the                                                                              '
                                                                                                                                                                                                                                                Muskegon Country Club                                                                  Holland
         L4       S40°31'12"E           38.33'Subject toL18      N29°20'12"E                            record. S08°03'48"W
                                                                                       rights-of-way ofL32
                                                                      restrictions and 58.74'                                         91.78'                                                                                                                                                                                       347 Hoover Blvd.




                                                                                                                                                                                                                                                                                                                                                               21200779DSC.dwg
Point of Beginning. Contains 136.13 acres.               easements,                                                                                                                                                                                                                                                            Part of:
                                                                                                                                                                                                                                                                                                                                   Holland, MI 49423
                                                                                                                                                                                        DRAWN BY: WBB     DATE: 4/23/21




                                                                                                                                                                                                                                                         '
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             HARDING




                                                                                                                                                                                                                                                      7.1
                                                                                                                                                                                        REV. BY: JV       REV. DATE: 07-06-21                                                                                      Ann#:
                                                                                                                                                                                                                                                                                                                Parcel Arbor, Chicago, Columbus,
                                                                                                                                                                                                                                                                                                                         61-24-205-694-0001-00




                                                                                                               L
        L5       N28°42'12"E          21.39'          L19       S70°51'29"E         167.12'         L33       S04°10'48"E         169.89'                                                                                                                                                  3       OF    3          Grand Rapids, Indianapolis, St. Louis

                                                                                                                                                                                                                                                                                                              REMAINDER
                                                                                                                                                                                        REV.: STAKED PARCELS




                                                                                                                                                                                                                                       L39
                                                                                                                                                                                                                                       12.2




                                                                                                                                                                                                                                                 9.7'
                                                                                                                                                                                                                                            '
        L6       N40°31'12"W          177.29'         L20       S87°09'22"E         135.24'         L34       S74°03'36"E         157.44'                                                                                                                                                                                    AREA: 136.13 ACRES
                                                                                                                                                                                                          EXISTING                               6.5                        CONC 0.5' WEST OF
                                                                                                                                                                                                                                                     '




                                                                                                                                                                                                                                           L38


                                                                                                                                                                                                                                                            '
                                                                                                                                                                                                                                                                            PROPERTY LINE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             CROZIER




                                                                                                                                                                                                                                                          .74
        L7       S62°43'43"E           2.59'          L21       N88°10'19"E         129.30'         L35       S31°07'41"E          75.01'                                                                 BUILDING




                                                                                                             E
                                                                                                                                                                                                                                                      82
                                                                                                                                                                    S89°44'20"W                                                                                                                                                                                                                                                                                             N87°41'17"W 5.50'




                                                                                                                                                                                                                                            2"E
        L8       N79°04'59"E          203.96'         L22       N84°18'07"E         144.26'         L36       S14°35'17"W         132.85'




                                                                                                                                                                                                                                         9'0 7
                                                                                                                                                                                                                                      5°0 L3
                                                                                                                                                                            6.00'                                                                                          SET SPINDLE IN TREE ROOT




                                                                                                                                                                                                           N03°58'23"W
                                                                                                                                                                                                                                                   L36
        L9       S58°44'26"E          164.81'         L23       S89°13'28"E          91.69'         L37       S28°58'31"W          92.95'                                                                                                          L35                                                   O F M IC




                                                                                                                                                                                        N00°12'18"W 746.71' 236.68'
                                                                                                                                                                                                                                                                                                                  H
                                                                                                                                                                                                                                                                                                   TE                       IG




                                                          R
                                                                                                                                                                                                                                  N3
                                                                                                                                                                                                                                            L34                                                A
                                                                                                                                                                                                                                                                        BLOCKScott
                                                                                                                                                                                                                                                                               696                                                                                                                                                                                                  CUTLER




                                                                                                                                                                                                                                                                                                                              A
                                                                                                                                                                                                                                                                                     ST
        L10      S80°12'31"E          280.02'         L24       S38°55'23"E         245.72'         L38       S17°05'18"E         156.97'




                                                                                                                                                                                                                                                                                                                                 N
                                                                                                                                                                         N4 17




                                                                                                                                                                                                                                                         L33
                                                                                                                                                                                                                                                                                                         A




                                                                                                                                                                           0° .90




                                                                                                                                                                                                                                                                                                                                                                                                                                               S02°18'43"W 1307.93'
                 N59°48'22"E          133.68'                                                                                                                                                                                                                                                         Hendges




                                                                                                                                                                             49 '
        L11                                           L25      S02°29'01"W          300.68'         L39       S00°31'35"E         294.74'                                                                                                                                                                                                                                                                                                                                                                     By:




                                                                                                                                                                                                                                                                                                                                         R
                                                                                                                                                                                                                                                                                L IC E N
                                                                                                                                                                                                                                                                    L32




                                                                                                                                                                               '20


                                                        P
                                                                                                                                                                                                                                                                                                        L29




                                                                                                                                                                                                                                                                                                                                    EY O
                                                                                                                                                                                                                                                                                                                                                               BLOCK 695
                                                                                                                                                                                                                                                           L3                                                                                                                                                                                                                                                 Scott A. Hendges




                                                                                                                                                                                   "W
        L12      S83°13'19"E          277.56'         L26       S19°55'24"E         134.14'         L40       S06°55'15"E         504.89'                                                                                                                      1              L30                   License No.
                                                                                                                                                                                                                                                                                                             L2
                                                                                                                                                                                                                                                                                                                8
                                                                                                                                                                                                                                                                                                    4001047953                                                                                                                                                                     PHILO




                                                                                                                                                                                                                                                                                                                                 RV
                                                                                                                                                                                                                                                                                     SE
                                                                                                                                                       KNOLLWOOBy:D                                                                                                                                                                                                                                                                                                                                           SCALE: 1" = 5




                                                                                                                                                                                                                                                                                                                              U
        L13      N51°27'46"E          79.82'          L27      S35°09'02"W           82.74'




                                                                                                                                                                                                                                                                                       D
                                                                                                                                                                                                                                  CENTERLINE                                                                            S
                                                                                                                                                                                                                                                                                               P
                                                                                                                                                                                                                                                                                                   R OSEE DETAIL ON L




                                                                                                                                                                                                                                                                                                                                 7
                                                                                                                                                                                                                                  TWO-TRACK




                                                                                                                                                                                                                                                                                                                              L2
                                                                                                                                                                                                                                                                                                       F              A
                                                                                                                                                                                                                                                                                                                 O 3N
                                                                                                                                                                                                                                                                                                         E S 2 IOF
                                                                                                               LEGEND
                                                                                                                                                                                                                                                                                                       SHEET
                                                                                                                                                                                                                                            S
                                                                                                                                                                                Scott A. Hendges Licensed Professional Surveyor No. 4001047953                                                                                               L26

                                                                                                                                                                                                                                                PARCEL 1
        L14      N68°38'12"E          57.48'          L28       S55°59'47"E         288.01'
                                                                                                                                                                                NO SCALE                                                                                                                                         NORTH
                                                                                                                                            Iron - Set 1/2" X 18" iron
                                                                                                                                                                                    N4
                                                                                                                                                                                                                                NED
                                                                                                                                                                                                                                                           AREA: 21.32 ACRES                                                                                                                                                                                                       LETART




                                                                                                                                                                                                                                                                                                                                 L25
                                                                                                                                            rebar with NED Cap
                                                                                                                                                                                      3°
                                                                                                                                                                                             51                                             Redwater Group
                                                                                                                                                                                                                                            Steve Plakmeyer                                                                                                                                                                  SE CORNER,




                                                                                                                                                                                                                                                                                                                                                                                      7/21/2021 11:47
                                                                                                                                                                                                                                                          1053.1                                                                                 24.98'
                                                                                                                                                                                                                                         5500 Cascade Road SE 4'
                                                                                                                                                                                                                                       NED
                                                                                                                                                                                                '3
                                                                                                                                            Iron - Found as noted                                             8"
                                                                                                                                                                                                                 W                                                                                                                                                                                                            BLOCK 695
                                                                                                                                                                                                                            14                   N87200
                                                                                                                                                                                                                                                Suite  °30'59"W 1078.13'                                                                                                                                                                       NED
                                                                                                                                            Asphalt                                                                            4.7       Grand Rapids, MI 49546                                                                                                          N87°34'31"W 1327.11'                                                                                                                   DRAWN BY: WBB
                                                                                                                                                                                                                                                                                                        SHERMAN BOULEVARD   www.nederveld.com • 800.222.1868                                              P = 1320'




                                                                                                                                                                                                                                                                                                                                                                                      JV
                                                                                                                                                                                                                                  0                                                                                                                                                                                                                                                                             REV. BY: JV
                                                                                                                                                                                                                                            Muskegon Country Club
                                                                                                                                                                                                                                       '
                                                                                                                                            Concrete                                                                                                                                                                                      Holland                                                                                                                                                               REV.: STAKED PA
                                                                                                                                                                                                                                                                                                                                     347 Hoover Blvd.




                                                                                                                                                                                                                                                                                                                                                                                      21200779DSC.dwg
                                                                                                                                                                                                                                                                                                                                     Holland, MI 49423
                                                                                                                                            Existing Building                     DRAWN BY: WBB     DATE: 4/23/21
                                                                                                                                                                                  REV. BY: JV       REV. DATE: 07-06-21                                                                                                   Ann Arbor, Chicago, Columbus,
                                                                                                                                                                                  REV.: STAKED PARCELS                                                                                     2       OF    3              Grand Rapids, Indianapolis, St. Louis



                                                                                                                                 PRELIMINARY PLANNED UNIT DEVELOPMENT


              Last Revised - May 23, 2022
Owner: Muskegon Club Property LLC
5500 Cascade Road SE Suite 200
Grand Rapids, MI 49546

Narrative: Muskegon Country Club was established in 1908 and has been highly regarded for over a century as one
of the best golf courses in the country. The course was acquired by the RedWater Collection in 2021. RedWater is
a highly successful owner/operator of 8 golf courses, 10 restaurants, including the soon-to-open Lake Bluff Grille at
Muskegon Country Club. They also own 6 fitness centers, golf simulators, and event venues for weddings,
receptions, corporate and social events, fundraisers, galas, holiday parties, etc. RedWater has a long history of
creating exceptional golf, food service and event spaces in West Michigan. Their ownership/management
successes suggest a bright and healthy future for this iconic property.

Major changes are occurring within the building to improve the restaurant, event areas, etc. These changes will
focus the east side of the clubhouse for members and their guests. Members will use the drive in the NE corner of
the site and will enter the on the east side of the building. The new Lake Bluff Grille will use the building entrance
on the west side. Event visitors will enter the building on the south side. Restaurant and event guests will park in
the west parking lot and will use the west driveway off Cottage Grove.

The plan includes the potential for up to 11 short-term rental cottages west of the clubhouse. These cottages
would allow for local and out-of-town club members, event guests, etc. to stay on-site for golf, weddings,
corporate events, etc. In addition, the plan identifies an area on the ridge north of the driving range that
accommodates up to 14 residential dwelling units with a spectacular view of Muskegon Lake. The plan allows for a
limited range of building types from detached single-family to 4-plex townhomes. These units will be market-
driven and may likely be built concurrent with improvements at Windward Pointe (SAPPI).

The current vision for the area near the clubhouse includes an increased number of parking spaces to serve the
increased golf membership and restaurant/event space use, as well as parking for the new short-term rental
cottages. Based on RedWater’s experience with similar uses at other sites, the 211 existing parking spaces are
increased 40% to 295 spaces. Because a significant amount of the existing parking is angled (very inefficient), 84
new spaces are achieved with only 15% additional paved area.

The combined benefit of these improvements will enhance and ensure the future of the historic Muskegon
Country Club and its contribution to the quality-of-life in the greater area, including employment opportunities and
economic benefits to the City of Muskegon.
Owner: Muskegon Club Property LLC
5500 Cascade Road SE Suite 200
Grand Rapids, MI 49546

Narrative: Muskegon Country Club was established in 1908 and has been highly regarded for over a century as one
of the best golf courses in the country. The course was acquired by the RedWater Collection in 2021. RedWater is
a highly successful owner/operator of 8 golf courses, 10 restaurants, including the soon-to-open Lake Bluff Grille at
Muskegon Country Club. They also own 6 fitness centers, golf simulators, and event venues for weddings,
receptions, corporate and social events, fundraisers, galas, holiday parties, etc. RedWater has a long history of
creating exceptional golf, food service and event spaces in West Michigan. Their ownership/management
successes suggest a bright and healthy future for this iconic property.

RedWater understands that its golf club members (and many others) are often interested in living on or near their
golf courses. As such, they have identified the vacant land at the SW corner of the Muskegon Country Club (corner
of Sherman Boulevard and Beach Street) as an opportunity for home sites on a beautiful bluff overlooking the
course. Lakeside Dunes Site Condominium will be a special project on a special property.

This 13.8 acre parcel is about a 10 minute walk (1/2 mile) from the clubhouse and is also only a 7-8 minute walk
from Kruse Park and the Lake Michigan beach, making it uniquely attractive for both lake and golf. North and east
of the site is the Muskegon Country Club, west is existing detached residential and Lake Michigan, south is the City
of Norton Shores. The property is a beautiful wooded dune (not critical dune) and much of the woods will remain.

The current R1 Zoning allows for 100+ homes at the 6,000 SF minimum lot size. Lakeside Dunes has a total of only
39 home sites – 60% less than allowed. Also, the zoning code requires that 15% of the property be dedicated as
common open space with 1/3 of it as ‘usable open space’. Our plan provided 33% open space (twice what is
required). 100% of our open space is usable, heavily wooded and includes dedicated trails and access towards
Lake Michigan. This greatly reduced density and greatly increased protection of wooded open space (beyond code
requirements) offers significant benefit regarding reduced traffic, reduced utility use, less need for public services,
increased protection of natural resources, etc. The plan also benefits the City of Muskegon regarding fiscal impact
from added property taxes related to high-quality golf course housing and increased income tax related to the new
owners. This development will also benefit the area by further demonstrating the ability of Muskegon to
successfully compete with other communities in the higher-end housing market. An important benefit that will
ripple into the future.

Street access to the home sites generally parallels the existing ridge line with entrances on Beach Street and
Sherman Boulevard. For traffic reasons the Beach Street drive is located at the intersection of Beach and
Knollwood Court. The Sherman Boulevard drive is located at the crest of the hill allowing clear sightlines from both
directions. Sidewalks are provided on both sides of the private street creating a very walkable neighborhood. The
plan also includes a mail kiosk, walking trails and golf cart paths, all contributing to the increased quality-of-life in
the neighborhood.

The Lakeside Dunes Site Condominium is an opportunity for Muskegon to attract 39 residents (mostly new) to a
quality neighborhood with connection to Muskegon Country Club and Lake Michigan, including beautiful sunsets
and golf. We look forward to starting as soon as possible.
                                                                                                                                                                                                                      5252 Clyde Park, S.W. Grand Rapids, MI 49509
                                                                                                   PUD DESCRIPTION:                                                                                                   Phone: (616) 531-3660www.exxelengineering.com

                                                                                                   Part of Blocks 695 & 696 of the Revised Plat (of 1903) of the City of Muskegon, as recorded in Liber 3 of Plats,
                                                                                                   Page 71, being part of Section 34, Town 10 North, Range 16 West, City of Muskegon, Muskegon County,
                                                                                                   Michigan, described as: Commencing at the Southeast corner of said Block 695; thence N87°34'31"W 1292.86
                                                                                                   feet along the South line of said Block 695 to the Point of Beginning; thence N87°34'31"W 34.25 feet; thence
                                                                                                   N87°30'59"W 1078.13 feet along the south line of said Block 696; thence N43°51'38"W 144.70 feet; thence
                                                                                                   N00°12'18"W 721.28 feet along the west line of said Block 696; thence N89°47'42"E 93.78 feet; thence
                                                                                                   Southeasterly 69.59 feet along the arc of a 75.00 foot radius curve to the right, the chord of which bears
                                                                                                   S63°37'26"E 67.12 feet; thence S37°02'34"E 81.87 feet; thence Southeasterly 185.42 feet along the arc of a
                                                                                                   233.00 foot radius curve to the right, the chord of which bears S14°14'41"E 180.57 feet; thence S08°33'12"W
                                                                                                   15.84 feet; thence S47°46'43"E 153.53 feet; thence Southeasterly 174.41 feet along the arc of a 167.00 foot
                                                                                                   radius curve to the left, the chord of which bears S77°41'51"E 166.59 feet; thence Northeasterly 161.08 feet
                                                                                                   along the arc of a 883.00 foot radius curve to the right, the chord of which bears N77°36'35"E 160.86 feet;
                                                                                                   thence N82°50'08"E 220.11 feet; thence Southeasterly 222.17 feet along the arc of a 208.00 foot radius curve
                                                                                                   to the right, the chord of which bears S66°33'55"E 211.76 feet; thence S35°57'57"E 71.11 feet; thence
                                                                                                   S54°02'03"W 100.00 feet; thence S35°57'57"E 200.39 feet; thence Southeasterly 158.31 feet along the arc of a
                                                                                                   233.00 foot radius curve to the right, the chord of which bears S16°30'04"E 155.28 feet to the Point of
                                                                                                   Beginning. Parcel contains 13.79 acres.




                                                                                      PUD PARCEL
                                                                                      13.79 AC.
P:\Projects\2022\221160\Drawings\221160.dwg, TOPO-1, 5/25/2022 3:29:52 PM, mdeweerd
                                                                                                   GOLF COURSE



                                                                                                                                                                                                                                                       5252 Clyde Park, S.W. Grand Rapids, MI 49509
                                                                                                                                                                                                                                                       Phone: (616) 531-3660www.exxelengineering.com




                                                                                                        1



                                                                                      OPEN SPACE                  2
                                                                                      AREA
                                                                                      0.24 AC.
                                                                                                                       3




                                                                                                                            4                                           GOLF COURSE




                                                                                                                            5




                                                                                                                                     6

                                                                                                                                              7                                                          17
                                                                                                                                                                                                    16             18
                                                                                                                                                                                               15
                                                                                                                                                                                         14                                              GOLF COURSE
                                                                                                                                                   8                             13
                                                                                                             39                                                         12                                                    19
                                                                                                                                                       9           11
                                                                                                                                                             10
                                                                                                                  38                                                                                                                20

                                                                                                                       37


                                                                                                                                36

                                                                                                                                                                                                    26        25
                                                                                                                                         35                                                    27
                                                                                                                                                                                        28
                                                                                                                                                                                29
                                                                                                                                                  34                    30                                         24
                                                                                                                                                       33
                                                                                                                                                            32    31


                                                                                                                                                                                                                        23


                                                                                                                                                                                                                             22
                                                                                                                                                                             OPEN SPACE AREA
                                                                                                                                                                             4.8 AC.
P:\Projects\2022\221160\Drawings\221160.dwg, SDP-2, 5/26/2022 10:08:59 AM, mdeweerd




                                                                                                                                                                                                                                   21
                                                                                                                                                                               GENERAL STORM SEWER NOTES

                                                                                                                                                                               YARD DRAINS
                                                                                                                                                                               1. ALL 2' DIA. YARD DRAINS (YD) SHALL HAVE 2' DEEP SUMPS. USE EJ
                                                                                                                                                                                  #6121 GRATE ONLY.
                                                                                                                                                                               2. ALL 4' DIA. YARD DRAINS (YD) SHALL HAVE 2' DEEP SUMPS. USE EJ
                                                                                                                                                                                  #1046 CASTING WITH TYPE M1 GRATE.

                                                                                                                                                                               CATCH BASINS
                                                                                                                                                                               1. ALL 4' DIA. CATCH BASINS (CB) WITHIN STREET VALLEY GUTTER
                                                                                                                                                                                  LABELED "DBL" SHALL HAVE 2' SUMPS AND USE EJ #7030 CASTING
                                                                                                                                                                                  WITH TYPE M2 GRATE AND TYPE T3 BACK.                                  5252 Clyde Park, S.W. Grand Rapids, MI 49509
                                                                                                                                                                               2. ALL 4' DIA. CATCH BASINS (CB) WITHIN BLACKTOP VALLEY GUTTER           Phone: (616) 531-3660www.exxelengineering.com
                                                                                                                                                                                  SHALL HAVE 2' SUMPS AND USE EJ #7065 CASTING WITH TYPE M1
                                                                                                                                                                                  GRATE.
                                                                                                                                                                               3. ALL 4' DIA. CATCH BASINS (CB) WITHIN 2' CONC. ROLLED CURB AND
                                                                                                                                                                                  GUTTER SHALL HAVE 2' SUMPS AND USE EJ #7065 CASTING WITH
                                                                                                                                                                                  TYPE M1 GRATE.

                                                                                                                                                                               MATERIAL TYPE
                                                                                                                                                                               1. FOOTING DRAIN LEAD SHALL BE PVC SCH. 40
                                                                                                                                                                               2. ALL STORM LABELED "STORM SEWER" SHALL BE SMOOTH-LINED
                                                                                                                                                                                  CORRUGATED PLASTIC PIPE (SLCPP), (ADS N-12, HANCOR Hi-Q OR
                                                                                                                                                                                  APPROVED EQUAL)

                                                                                                                                                                               OTHER
                                                                                                                                                                               1. ALL 6" - 10" (SLCPP) PIPE SHALL HAVE A SILT TIGHT COUPLER.
                                                                                                                                                                               2. ALL 12" - 30" (SLCPP) PIPE SHALL HAVE A SILT TIGHT, SURE-LOCK
                                                                                                                                                                                  TYPE COUPLER.
                                                                                                                                                                               3. ALL MANHOLES SHALL HAVE NO SUMP UNLESS OTHERWISE NOTED
                                                                                                                                                                                  AND SHALL USE EJ #1120 CASTING WITH TYPE B COVER.




                                                                                      1


                                                                                               2



                                                                                                    3




                                                                                                         4




                                                                                                         5




                                                                                                                  6

                                                                                                                           7                                                             17
                                                                                                                                                                          16                                    18
                                                                                                                                                                     15
                                                                                                                                                                14
                                                                                                                                8                          13
                                                                                          39                                                         12                                                                                  19
                                                                                                                                    9           11
                                                                                                                                          10
                                                                                               38                                                                                                                                                  20

                                                                                                    37


                                                                                                             36

                                                                                                                                                                          26                  25
                                                                                                                      35                                             27
                                                                                                                                                                28
                                                                                                                                                          29
                                                                                                                               34                    30                                                        24
                                                                                                                                    33
                                                                                                                                         32    31


                                                                                                                                                                                                                        23


                                                                                                                                                                                                                                      22
P:\Projects\2022\221160\Drawings\221160.dwg, UTIL-3, 5/25/2022 3:29:18 PM, mdeweerd




                                                                                                                                                                                                                                                  21
                                                                                                                                                                                        ”
                                                                                                                                                                                                                      5252 Clyde Park, S.W. Grand Rapids, MI 49509
                                                                                                                                                                                                                      Phone: (616) 531-3660www.exxelengineering.com




                                                                                                                                                                                                 ”




                                                                                     1


                                                                                              2



                                                                                                   3




                                                                                                        4




                                                                                                        5




                                                                                                                 6

                                                                                                                          7                                                   17
                                                                                                                                                                         16                 18
                                                                                                                                                                    15
                                                                                                                                                               14
                                                                                                                               8                          13
                                                                                         39                                                         12                                                     19
                                                                                                                                   9           11
                                                                                                                                         10
                                                                                              38                                                                                                                 20

                                                                                                   37


                                                                                                            36

                                                                                                                                                                         26        25
                                                                                                                     35                                             27
                                                                                                                                                               28
                                                                                                                                                         29
                                                                                                                              34                    30                                      24
                                                                                                                                   33
                                                                                                                                        32    31


                                                                                                                                                                                                     23


                                                                                                                                                                                                          22
P:\Projects\2022\221160\Drawings\221160.dwg, GRD-4, 5/25/2022 3:29:02 PM, mdeweerd




                                                                                                                                                                                                                21
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: July 12, 2022                Title: Amendment to the PUD at 1148 &
                                                      1204 W Western Ave (Adelaide Point)

Submitted By: Mike Franzak                            Department: Planning


Brief Summary: Request to amend the final Planned Unit Development at 1148 & 1204 W Western Ave
(Adelaide Point).


Detailed Summary: The proposed amended plan includes the addition of a new street (Adelaide Ave)
and proposes to turn Adelaide Circle into a one-way street with angled parking.
The proposed amended plan also removes building R5 (condominium) and splits buildings B1 and
B3 (east side of development) into two separate buildings instead of one (identified as B2 on
original plan). The buildings between Adelaide Ave and W Western Ave continue to change as the
developer researches storage needs, but this area will remain warehousing/boat storage.
The Planning Commission unanimously recommended in favor of approving the amended PUD
with the conditions that Adelaide Blvd is moved to the east and will be a shared drive with
Hartshorn Village (exact location to be determined) and an updated plan is approved by staff.

Amount Requested:                                    Amount Budgeted:

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

Recommended Motion: To approve the request to amend the final Planned Unit Development at
1148 & 1204 W Western Ave.


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


For City Clerk Use Only:
Commission Action:
                    PLANNING COMMISSION STAFF REPORT EXCERPT
                                            June 16, 2022

Hearing, Case 2022-14: Request to amend the Planned Unit Development at 1148 and 1204 W Western
Ave.

SUMMARY

   1. The PUD was approved on 9/28/21 and includes a waterfront community with condominiums,
      apartments, marina, marina services, commissary facilities, boat storage, public waterfront trails,
      restaurant, retail, light industrial, general business, storage yards and warehousing.
   2. The proposed amended plan includes the addition of a new street (Adelaide Ave) and proposes to
      turn Adelaide Circle into a one-way street with angled parking.
   3. The proposed amended plan also removes building R5 (condominium) and splits buildings B1 and
      B3 (east side of development) into two separate buildings instead of one (identified as B2 on
      original plan). The buildings between Adelaide Ave and W Western Ave continue to change as
      the developer researches storage needs, but this area will remain warehousing/boat storage.
   4. The Hartshorn Village PUD was recently amended to show Adelaide Blvd located halfway on the
      Hartshorn Village PUD and halfway on the Adelaide Point PUD. This plan does not depict that,
      but the developer is willing to amend the plans to accommodate.

                               Original PUD Plans Approved 9-16-21
                                       CITY OF MUSKEGON
                                       RESOLUTION #2022-
           RESOLUTION TO AMEND THE FINAL PLANNED UNIT DEVELOPMENT FOR
                      1148 & 1204 WESTERN AVE (ADELAIDE POINT)


WHEREAS, a petition to amend the Planned Unit Development at 1148 & 1204 W Western Ave has been
received; and,

WHEREAS, proper notice was given by mail and publication and public hearings were held by the City
Planning Commission and by the City Commission to consider said petition, during which all interested persons
were given an opportunity to be heard in accordance with provisions of the Zoning Ordinance and State Law;
and

WHEREAS, the Planning Commission and staff have recommended approval of the Final Planned Unit
Development and associated site plan with the condition that Adelaide Blvd is moved to the east and will be
a shared drive with Hartshorn Village (exact location to be determined) and an updated plan is approved
by staff ; and

NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the Planning Commission be
accepted and the amendment to the final Planned Unit Development is hereby approved with the following
condition: Adelaide Blvd is moved to the east and will be a shared drive with Hartshorn Village (exact
location to be determined) and an updated plan is approved by staff.

Adopted this 12th day of July 2022

       Ayes:

       Nays:

       Absent:

                                              By:
                                                    Ken Johnson
                                                    Mayor

                                              Attest:
                                                        Ann Meisch
                                                        Clerk, City of Muskegon
                                              CERTIFICATE
                                (Final PUD at 1148 & 1204 W Western Ave)

         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 a resolution adopted by the City
Commission of the City of Muskegon, at a regular meeting of the City Commission on the 12th day of July,
2022, 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 Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required thereby.

DATED: ___________________, 2022.              _______________________________________
                                               Ann Meisch
                                               Clerk, City of Muskegon

Top of Page


New Agenda Notifications

* indicates required