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C I TY OF M US K EG O N CITY COMMISSION MEETING JUNE 22, 2021 @ 5:30 P.M. MUSKEGON CITY COMMISSION CHAMBERS 933 TERRACE STREET, MUSKEGON, MI 49440 REMOTE MEETING AGENDA □ CALL TO ORDER: □ ROLL CALL: □ HONORS/AWARDS/PRESENTATIONS: □ PUBLIC COMMENT ON AN AGENDA ITEM: □ CONSENT AGENDA: A. Approval of Minutes City Clerk B. Irish Flag at Hackley Park City Clerk C. Community Relations Committee Recommendations City Clerk D. Sale – 243 Monroe Avenue Planning E. MDOT Agreement for Musketawa Trail Connector Public Works F. City of Muskegon/Muskegon Public Schools Cost Sharing Agreement Public Works G. Traffic Control Order – Isabella & Oak Grove Traffic/Engineering H. Traffic Control Order – 2-Hour Parking Traffic/Engineering I. Michigan & Franklin Change Order #002 Public Works J. Peck Street Change Order #002 Public Works K. Equipment Purchase – Hoist DPW/Equipment L. Fire Barn Museum Exhibit Public Safety M. Request for Approvals – AgeWell Services CNS N. Assessing Contract – Muskegon County City Manager O. 4th Quarter Budget Reforecast Finance P. 1747 7th Street Rezoning Planning Page 1 of 2 □ PUBLIC HEARINGS: A. Drinking Water Project Plan Public Works B. Harbor 31 Viridian Shores Housing Development Neighborhood Enterprise Zone Hearing on Resolution Economic Development □ UNFINISHED BUSINESS: □ NEW BUSINESS: A. Alley Vacation – Holbrook/Huizenga Planning B. Amendment to Harbour Towne PUD Planning C. YEP Partnership Public Works D. Special Event Fee Waiver – Rebel Road Public Works E. Special Event Fee Waiver – Health West Public Works F. Muskegon Social Equity Program Grants Planning □ ANY OTHER BUSINESS: □ PUBLIC COMMENT: ► 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: June 8, 2021 Title: Approval of Minutes Submitted By: Ann Marie Meisch, MMC Department: City Clerk Brief Summary: To approve the minutes of the June 7, 2021 Worksession and the June 8, 2021 Regular Meeting. Detailed Summary: N/A Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: To approve the minutes. For City Clerk Use Only: Commission Action: CITY OF MUSKEGON CITY COMMISSION WORKSESSION Monday, June 7, 2021 5:30 p.m. REMOTE MEETING MINUTES 2021-54 Present: Mayor Gawron (Muskegon, MI), Vice Mayor Hood (Muskegon, MI), Commissioners Rinsema-Sybenga (Muskegon, MI), Emory (Muskegon, MI), Johnson (Muskegon, MI), Ramsey (Muskegon, MI), and German (Muskegon, MI) Access for All – CNS Department A new program for the City of Muskegon called “Access for All,” a training program that places people who successfully complete the program into apprenticeships with the trades. We have a potential opportunity to bring this program to Muskegon, but I would require funding from multiple sources to make it viable for now and for the long term. Potential success for All who are interested in having Access to trade positions to be a strong catalyst for job creation for youths in our Muskegon Country. Currently, this program is showing success on the east side of the state through a variety of funding resources: Ford Foundation, Kresge Foundation and Untied Way of Southeast Michigan. This could be an annual allocation but the first class will begin in the fall of 2022 but the selection of attendees will take place this fall/winter. Classes consist of 25 verified high school students or youth 18-22 years of age seeking opportunity for higher education in several building Trades: Excavation, Electrical, Plumbing, Mechanical, and Building. Discussion took place regarding Access for All with information being presented by Oneata Bailey, Community and Neighborhood Services Director. The Commission looks forward to seeing progress with this initiative. Transmittal of 2021-2022 Proposed Budget Recommended-FY2021-22-Budget-Mtg-5-25-21.pdf (muskegon-mi.gov) At this time staff is transmitting to the City Commission the proposed budget for fiscal year 2021-22 which starts July 1, 2021. An electronic version of the budget has been distributed to Commissioners. Additionally, the budget is available for inspection on the City’s website and at the City Clerk’s office. An overview of the proposed budget was reviewed at the May 25, 2021 regular Commission meeting and Commissioners were encouraged to send their questions to the finance department in the weeks between then and now. The June 7, 2021 work session is an opportunity for further discussion and inquiry. A public hearing on the budget will be held at the regular Commission meeting on June 8, 2021. City ordinance requires that the budget be adopted by the Commission on or before the second Commission meeting in June. Discussion took place, there will be a public hearing on the budget at the June 8, 2021 regular meeting. The Commission may adopt the budget at the next meeting (June 8, 2021) or at the June 22, 2021 meeting. The budget must be adopted on or before June 25, 2021 according to state law. GARE Presentation – LeighAnn Mikesell Staff will present information on the Government Alliance on Race and Equity and our participation in the Ottawa County learning Community of Practice. The Government Alliance on Race and Equity is a national network of government working to achieve racial equity and advance opportunities for all. We know that racial inequities exist across all indicators for success, and government played a central role in the creation and maintenance of racial inequity. GARE was developed to help governments be intentional, to strategically intervene with the goal of transforming our society. Ottawa County has invited us to participate in a learning community of practice where we commit to achieving racial equity through the power of our institution and work in partnership with other communities. No public comments were received. The City Commission Worksession meeting adjourned at 7:12 p.m. Respectfully Submitted, Ann Marie Meisch, MMC – City Clerk C I TY OF M US K EG O N CITY COMMISSION MEETING JUNE 8, 2021 @ 5:30 P.M. MUSKEGON CITY COMMISSION CHAMBERS 933 TERRACE STREET, MUSKEGON, MI 49440 REMOTE MEETING MINUTES The Regular Commission Meeting of the City of Muskegon was held electronically with the Mayor, Vice Mayor, and Commissioners participating via Zoom – a remote conferencing service, Clerk staff present at 933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, June 8, 2021. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Stephen J. Gawron (Muskegon, MI), Vice Mayor Eric Hood (Muskegon, MI), Commissioners Ken Johnson – arrived at 5:33 p.m. (Muskegon, MI), Dan Rinsema-Sybenga (Muskegon, MI), Willie German, Jr. (Muskegon, MI), Teresa Emory (Muskegon, MI), and Michael Ramsey (Muskegon, MI), City Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann Meisch. PUBLIC COMMENT ON AN AGENDA ITEM: No public comments were received. 2021-55 CONSENT AGENDA: A. Approval of Minutes City Clerk SUMMARY OF REQUEST: To approve the minutes of the May 25, 2021 Regular Meeting. STAFF RECOMMENDATION: To approve the minutes. B. Lakeshore Art Festival Grant City Clerk SUMMARY OF REQUEST: The City of Muskegon is in the process of pursuant a grant from the Michigan Council for Art and Cultural Affairs (MCACA) in the amount of $25,000 to support the 2022 Lakeshore Art Festival. Grant funds will support artists’ fees (performers and artists), art supplies for the interactive art activities, and marketing efforts to attract a diverse audience. Per the grant requirements, the funs will be matched 1:1 from the Festival budget through sponsorship dollars. STAFF RECOMMENDATION: To approve the submission of the grant Page 1 of 8 application to MCACA. D. 9th Street – Engineering Services Agreement Amendment #001 Public Works SUMMARY OF REQUEST: Staff is seeking approval of Amendment #001 to the Engineering Services Agreement with Fleis & VandenBrink related to the engineering services provided on the 9th Street sewer upgrade project. Staff is requesting approval of an amendment to the Engineering Services Agreement with Fleis & VandenBrink in the amount of $39,736.50. This request is due to a number of changed conditions and additional work that staff requested of F & V above and beyond the original scope of work. The original ESA was signed in 2018 in the amount of $203,520. The amendment covers additional work required by staff and various other agencies to obtain additional survey and permits that were not fully anticipated within the original project proposal. Additionally, several items of work became more complex between the original estimate and the final construction resulting in additional construction inspection time required to complete the oversight. The project as a whole was originally budgeted for $2,217,530 which included a construction contract value of $1,878,869.50 plus engineering and other expenses as well as a 6% ($125,520.57) contingency. The project construction contract finished at $1,913,824.24, leaving a remaining contingency of $90,565.83. With the proposed adjustment to the ESA the project is still below the overall target budget. Staff is recommending approval of the Engineering Services Agreement Amendment. AMOUNT REQUESTED: $39,736.50 AMOUNT BUDGETED: $90,565.83 = Remaining Contingency FUND OR ACCOUNT: 590-91852 STAFF RECOMMENDATION: Authorize staff to approve Amendment #001 in the amount of $39,736.50 to the Engineering Services Agreement with Fleis & VandenBrink. G. Musketawa Trail Streetlight Locations Public Works SUMMARY OF REQUEST: Staff is seeking authorization to relocate seven (7) streetlights within the Port City Industrial Park to facilitate construction of the Musketawa Trail Connector Project. Final design and alignment of the Musketawa Trail Connector project required relocation of several streetlights along Black Creek Drive, Latimer Drive and Port City Boulevard within the Industrial Park. The work is done by Consumers Energy through contract, however the cost of the relocations is the city’s responsibility. Page 2 of 8 Funding for this request is included in the proposed budget for project number 202-99118-5346 within the 21/22 fiscal year. AMOUNT REQUESTED: $35,048.00 AMOUNT BUDGETED: $650,000 FUND OR ACCOUNT: 202-99118 STAFF RECOMMENDATION: Authorize staff to contract with Consumers Energy in the amount of $35,048 for the relocation of the streetlights along Black Creek Drive, Latimer Drive and Port City Boulevard as necessary for the construction of the Musketawa Trail Connector. Motion by Commissioner Johnson, second by Commissioner Ramsey, to approve the consent agenda as presented, minus item C, E, and F. ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, and Ramsey Nays: None MOTION PASSES 2021-56 REMOVED FROM CONSENT AGENDA: C. Lakeside Social District Permit Recommendation Economic Development SUMMARY OF REQUEST: The City Commission must recommend approval of the Michigan Liquor Control Commission permits of participating licensed establishments in the Muskegon Lakeside Social District. With the establishment of the Muskegon Lakeside Social District, participating licensed establishments must receive a Social District permit from the Michigan Liquor Control Commission. The MLCC must first receive a recommendation for approval from the City Commission before granting the permits. The resolution is for Wonderland Distilling Co., 1989 Lakeshore Drive Suite B and Lakeside Food and Spirits, Inc, dba Marine Tap Room, 1983 Lakeshore Drive. Both are seeking a Social District permit from the state and seeking City Commission recommended approval. The lakeside Social District plan contains up to five potential participating licensees within the district. Other licensed establishments may file a Social District permit application in the future. STAFF RECOMMENDATION: To approve the resolution recommending Michigan Liquor Control Commission approval of Social District permits in the Muskegon Lakeside Social District and to direct the City Clerk to certify the City Commission action with MLCC. Motion by Commissioner Emory, second by Commissioner Johnson, to approve the resolution recommending Michigan Liquor Control Commission approval of Social District permits in the Muskegon Lakeside Social District and to direct the City Clerk to certify the City Commission action with MLCC. ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey, Page 3 of 8 and German Nays: None MOTION PASSES E. McCrea Field Basketball Court Public Works SUMMARY OF REQUEST: Staff is seeking authorization to award a contract in the amount of $43,265.00 to Ryerson Brothers Excavating for removal and replacement of the existing basketball court at McCrea Field. Staff solicited bids for replacement of the McCrea Field basketball court via an RFP process. The low bidder was Ryerson Brothers Excavating. Staff is further recommending that we accept the alternate bid presented for the colored concrete court. The proposed court will be constructed of concrete, similar to the courts at Seyferth Park, the alternate bidding process will utilize several different colorations of concrete to contract the out-of-bounds, three point, and foul line areas which will require less maintenance to maintain as opposed to paint in the long run. AMOUNT REQUESTED: $43,265.00 AMOUNT BUDGETED: $50,000 FUND OR ACCOUNT: 101-70751 (With CDBG Reimbursement) STAFF RECOMMENDATION: Authorize staff to contract with Ryerson Brothers Excavating in the amount of $43,265.00 for the construction of a new basketball court at McCrea Field. Motion by Commissioner German, second by Commissioner Rinsema-Sybenga, to authorize staff to contract with Ryerson Brothers Excavating in the amount of $43,265.00 for the construction of a new basketball court at McCrea Field. ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and Rinsema-Sybenga Nays: None MOTION PASSES F. Filtration Plant Communications Tower Public Works – Filtration SUMMARY OF REQUEST: Authorize staff to award the contract for procurement of the communications tower at the Water Filtration Plant. The City Commission approved the purchase of the Water Filtration Plant Communication Tower at its meeting on February 9, 2021. The original quote for tower materials was $84,618.00, and staff requested a total of $93,079.80 (an additional 10%) to account for any fluctuations in material pricing and shipping. The project manager (Maralat Communications) recommended to not purchase the tower until all regulatory requirements were completed. Page 4 of 8 Unfortunately, this process took longer than anticipated. The process is now complete, and staff is ready to purchase the tower. Staff received an updated quote from Valmont Industries for $94,050.00. Since this is $970.20 more than approved in February, staff is requesting the approval of the purchase of the communications tower for the updated amount. AMOUNT REQUESTED: $94,050.00 AMOUNT BUDGETED: $300,000 FUND OR ACCOUNT: 591-92034-5346 STAFF RECOMMENDATION: Authorize staff to approve the contract with Valmont Industries for the procurement of the communications tower in the amount of $94,050.00 Motion by Commissioner German, second by Commissioner Rinsema-Sybenga, to authorize staff to approve the contract with Valmont Industries for the procurement of the communications tower in the amount of $94,050.00 ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema- Sybenga, and Emory Nays: None MOTION PASSES 2021-57 PUBLIC HEARINGS: A. Transmittal of 2021-2022 Proposed Budget Finance SUMMARY OF REQUEST: At this time, staff is transmitting to the City Commission the proposed budget for fiscal year 2021-22 which starts July 1, 2021. 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. An overview of the proposed budget was reviewed at the May 25, 2021 regular Commission meeting and Commissioners were encouraged to send their questions to the finance department in the weeks between then and now. The June 7, 2021 work session presented an opportunity for further discussion and inquiry. A public hearing on the budget is being held at the regular Commission meeting on June 8, 2021. City ordinance requires that the budget be adopted by the Commission on or before the second Commission meeting in June. STAFF RECOMMENDATION: Approval of the proposed budget for fiscal year 2021-22. Recommended-FY2021-22-Budget-Mtg-5-25-21.pdf (muskegon-mi.gov) PUBLIC HEARING COMMENCED: No public comments were received. Motion by Vice Mayor Hood, second by Commissioner Ramsey, to close the public hearing and approve the proposed budget for fiscal year 2021-22. Page 5 of 8 ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory, and Johnson Nays: None MOTION PASSES 2021-58 NEW BUSINESS: A. Mercy Health Arena Roof Lease Public Works SUMMARY OF REQUEST: Staff is seeking authorization to enter into a lease agreement with New Energy Equity to install a solar array on the roof of the Mercy health Arena. This topic was previously discussed at the July 2020 work session meeting, and again at a meeting in April 27th to recommend a property tax exemption for the site. Staff has worked with Charthouse Energy and New Energy Equity, along with separate expert legal counsel from Miller, Canfield, Paddock and Stone to prepare the necessary documents to facilitate the installation and operation of a solar array on the roof of the Mercy Health Arena. This installation as designed should recognize substantial energy savings over the life of the system. This document allows for the lease of the roof space to New Energy Equity and have been reviewed and accepted by city retained legal counsel to be in the best interest of the city. STAFF RECOMMENDATION: Approve the Rooftop System Site Lease Agreement and authorize the City Manager to sign the agreement contingent upon approval of the personal property tax exemption by the state tax commission. Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to approve the Rooftop System Site Lease Agreement and authorize the City Manager to sign the agreement contingent upon approval of the personal property tax exemption by the state tax commission. ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson, and Gawron Nays: None MOTION PASSES B. Mercy Health Arena Power Purchase Agreement Public Works SUMMARY OF REQUEST: Staff is seeking authorization to enter into a Power Purchase Agreement with New Energy Equity to install a solar array on the roof of the Mercy Health Arena. This topic was previously discussed at the July 2020 work session meeting, and Page 6 of 8 again at a meeting on April 27, 2021 to recommend a property tax exemption for the site. Staff has worked with Charthouse Energy and New Energy Equity, along with separate expert legal counsel from Miller Canfield, Paddock and Stone to prepare the necessary documents to facilitate the installation and operation of a solar array on the roof of the Mercy health Arena. The installation as designed should recognize substantial energy savings over the life of the system. This document outlines the policies and rates the City will pay to purchase the generated solar power. There are no up-front costs to the city related to the installation of the solar array. STAFF RECOMMENDATION: Approve the Power Purchase Agreement and authorize the City Manager to sign the agreement contingent upon approval of the personal property tax exemption by the state tax commission. Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to approve the Power Purchase Agreement and authorize the City Manager to sign the agreement contingent upon approval of the personal property tax exemption by the state tax commission. ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson, Gawron, and Hood Nays: None MOTION PASSES C. Request for Proposal Approvals – YEP Programs Community & Neighborhood Services SUMMARY OF REQUEST: There is a request of proposal from sub-recipients to provide funds to Youth Empowerment Project (YEP) for work and educational experiences throughout the year. Bethan Housing Ministries dba Community enCompass: YEP Program - $20,000.00 AMOUNT REQUESTED: $20,000 AMOUNT BUDGETED: $20,000 FUND OR ACCOUNT: CDBG – 2019 STAFF RECOMMENDATION: To approve the Agreements with Bethany Housing Ministries dba Community enCompass. *Commissioner Ramsey disclosed a conflict of interest and did not vote on this item. The City Charter requires a unanimous vote of the remaining members to pass a motion where a conflict of interest is noted. Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to approve the Agreements with Bethany Housing Ministries dba Community Page 7 of 8 enCompass. ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, and Hood Nays: None MOTION PASSES PUBLIC COMMENT: No public comments were received. ADJOURNMENT: The City Commission meeting adjourned at 6:30 p.m. Respectfully Submitted, Ann Marie Meisch, MMC – City Clerk Page 8 of 8 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: June 22, 2021 Title: Irish Flag at Hackley Park Submitted By: Ann Meisch Department: City Clerk Brief Summary: Michigan Irish is seeking permission to fly the Irish Flag under the U.S. Flag on September 18, 2021 at Hackley Park when they hold their event “Hackley Hooley”. Detailed Summary: 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 request to fly the Irish Flag at Hackley Park on September 18, 2021 For City Clerk Use Only: Commission Action: Agenda Item Review Form Muskegon City Commission Commission Meeting Date: June 22, 2021 Title: Community Relations Committee Recommendations Submitted By: Ann Marie Meisch Department: Clerk Brief Summary: To accept the resignation of a member from the Historic District Commission. Detailed Summary: To accept the resignation of a member of the Historic District Commission as follows: -Resignation-Karen Panozzo-Historic District Commission-Term Expires 01/31/2022 Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: To concur with the recommendation of the Community Relations Committee and approve the resignation of Karen Panozzo from the Historic District Commission. For City Clerk Use Only: Commission Action: Agenda Item Review Form Muskegon City Commission Commission Meeting Date: June 22, 2021 Title: Sale – 243 Monroe Ave. Submitted By: Hope Griffith Department: Planning Department Brief Summary: City staff is seeking authorization to sell the City-owned home at 243 Monroe Ave. to Phillip McPherson & Richard Vanderputte-McPherson. Detailed Summary: The city constructed this house as part of the phase two of our infill housing program. Staff is recommending that the purchase agreement be approved, and 243 Monroe Ave. be sold to Phillip McPherson & Richard Vanderputte-McPherson at a cost of $182,900. Amount Requested: None. Amount Budgeted: $0 Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: Authorize the Code Coordinator to complete the sale of 243 Monroe Ave, as described in the attached purchase agreement and to have the Mayor and Clerk sign the deed. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: dotloop signature verification: dtlp.us/otV3-AlEu-3VnE WEST MICHIGAN REGIONAL PURCHASE AGREEMENT # PA-243 DATE: 05/21/2021 , (time) MLS # 71021016988 SELLING OFFICE: Keller Williams Lakeshore BROKER LIC.#: 6505353908 REALTOR® PHONE: 616-403-5109 LISTING OFFICE: West Urban Realty REALTOR® PHONE: 616-366-2459 1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days" in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference to "time" refers to local time. 2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding Real Estate Agency Relationships. The selling licensee is acting as (check one): Agent/Subagent of Seller Buyer’s Agent Dual Agent (with written, informed consent of both Buyer and Seller) Transaction Coordinator Primary Selling Agent Name: Bradley Fuzak Email: brad@fuzakgroup.com Lic.#: 6506046664 Alternate Selling Agent Name: Email: Lic.#: 3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.) Buyer has received the Seller’s Disclosure Statement, dated . Seller certifies to Buyer that the Property is currently in the same condition as Seller previously disclosed in that statement. Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement. Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by registered mail. Exceptions: Seller is exempt from the requirements of the Seller Disclosure Act. 4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached and will be an integral part of this Agreement. 5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon , County of Muskegon , Michigan, commonly known as (insert mailing address: street/city/state/zip code) 243 Monroe Ave ave, 243, Muskegon, MI 49441 with the following legal description and tax parcel ID numbers: Unit 243, Midtown 2 Condominium, a Condominium according to the Master Deed recorded in Liber 4242, Page 355, as amended, in the Office of the Muskegon County Register of Deeds, and designated as Muskegon County Condominium Subdivision Plan No. 214, together with rights in general common elements and limited common elements as set forth in said Master Deed, and amended PP# 24205379000330 . The following paragraph applies only if the Premises include unplatted land: Seller agrees to grant Buyer at closing the right to make (insert number) division(s) under Section 108(2), (3), and (4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or before , of the proposed division to create the Premises. 6. Purchase Price: Buyer offers to buy the Property for the sum of $ 182,900.00 one hundred eighty-two thousand nine hundred U.S. Dollars 7. Seller Concessions, if any: 8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.) SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below are currently available to Buyer in cash or an equally liquid equivalent. If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price. CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to obtain a Conventional type 30 (year) mortgage in the amount of 95 % of the Purchase Price bearing interest at a rate not to exceed 3.6 % per annum (rate at time of loan application), on or before the date the sale is to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to process the application, within 3 days after the Effective Date, not to impair Buyers’ credit after the date such loan if offered. Seller Buyer will agree to pay an amount not to exceed $ representing repairs required as a condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from ©Copyright, West Michigan REALTOR® Associations PM RVM FP Page 1 of 6 Rev. Date 1/2021 05/21/21 05/21/21 Buyer’s Initials 05/21/21 Seller’s Initials 12:03 PM EDT 12:49 PM EDT 3:21 PM EDT dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/otV3-AlEu-3VnE West Michigan Regional Purchase Agreement Page 2 of 6 Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent. Exceptions: SELLER FINANCING (check one of the following): CONTRACT or PURCHASE MONEY MORTGAGE In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer within 48 hours. Seller is advised to seek professional advice regarding the credit report. $ upon execution and delivery of a form (name or type of form and revision date), a copy of which is attached, wherein the balance of $ will be payable in monthly installments of $ or more including interest at % per annum, interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions: EQUITY (check one of the following): Formal Assumption or Informal Assumption Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions: OTHER: 9. Contingencies: Buyer’s obligation to consummate this transaction (check one): IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer. IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at: A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest Money Deposit. IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing of a sale or exchange of Buyer’s property located at 11738 Apple Dr., Nunica, MI 49448 on or before 07/14/2021 . Seller will have the right to continue to market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions: 10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars; detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes: All appliances as viewed on 5/21/21. but does not include: 243 Monroe Ave ave, 243, Muskegon, MI 49441 05/21/2021 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations PM RVM FP Revision Date 1/2021 05/21/21 05/21/21 Buyer’s Initials 05/21/21 Seller’s Initials 12:03 PM EDT 12:49 PM EDT 3:21 PM EDT dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/otV3-AlEu-3VnE West Michigan Regional Purchase Agreement Page 3 of 6 11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is expended through normal use. Exceptions: 12. Assessments (choose one): If the Property is subject to any assessments, Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless of any installment arrangements), except for any fees that are required to connect to public utilities. Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume and pay all other installments of such assessments. 13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all taxes billed after those addressed below. Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when property is transferred. No proration. (Choose one): Buyer Seller will pay taxes billed summer (year); Buyer Seller will pay taxes billed winter (year); Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment and prorated to the date of closing with Seller paying for January 1 through the day before closing. Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears. Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions: 14. Well/Septic: Within ten (10) days after the Effective Date, Seller will arrange for, at Seller’s expense, an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or other local governmental authority, if applicable) protocol. Seller will also follow any governmental rules regarding pumping of tanks. Where no county or government protocol is in place, Seller will arrange for, at Seller’s expense, well and septic inspections (as referenced above) by a qualified inspector, Seller will have tanks pumped, unless a qualified inspector determines, in writing, that pumping is not necessary. If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may, within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as- is. Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract, Buyer will proceed to closing according to the terms and conditions of this Agreement. Exceptions: 15. Inspections & Investigations: Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be Buyer’s responsibility and expense. In the event of VA financing, Seller will pay for the inspection for termites and other wood destroying insects. Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone. All inspections and investigations will be completed within ten (10) days after the Effective Date. If the results of Buyer’s inspections and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be 243 Monroe Ave ave, 243, Muskegon, MI 49441 05/21/2021 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations PM RVM FP Revision Date 1/2021 05/21/21 05/21/21 Buyer’s Initials 05/21/21 Seller’s Initials 12:03 PM EDT 12:49 PM EDT 3:21 PM EDT dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/otV3-AlEu-3VnE West Michigan Regional Purchase Agreement Page 4 of 6 deemed to have accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement. Buyer has waived all rights under this Inspections & Investigations paragraph. 16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector ordinances, if applicable. 17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided. If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions of this Agreement. Exceptions: 18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property and the location of improvements thereon. Buyer or Seller (check one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may, within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money Deposit. No survey. Buyer has waived all rights under this paragraph. When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements thereon. Exceptions: 19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide additional protection and benefit to the parties. Exceptions: 20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien assumed by Buyer; will all be adjusted to the date of closing. 21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than 07/14/2021 . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller will pay the entire closing fee. Exceptions: 22. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be delivered to Buyer, subject to rights of present tenants, if any. At the completion of the closing of the sale. At a.m. p.m. on the day after completion of the closing of the sale, during which time Seller will have the privilege to occupy the Property and hereby agrees to pay Buyer $ as an occupancy fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds. If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as liquidated damages $ per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller from the Property. 243 Monroe Ave ave, 243, Muskegon, MI 49441 05/21/2021 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations PM RVM FP Revision Date 1/2021 05/21/21 05/21/21 Buyer’s Initials 05/21/21 Seller’s Initials 12:03 PM EDT 12:49 PM EDT 3:21 PM EDT dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/otV3-AlEu-3VnE West Michigan Regional Purchase Agreement Page 5 of 6 If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any portion of the Property will be Seller’s responsibility and expense. On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on all utilities, and shall deliver all keys to Buyer. Exceptions: 23. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 5:00 PM (time) on 05/21/2021 (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $ 2,000 shall be submitted to Keller Williams Realty (insert name of broker, title company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller. In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation, and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement conflict with this paragraph, then the terms and conditions of the escrow agreement shall control. 24. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement separately signed by Seller. 25. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business. 26. Other Provisions: Buyer elects to upgrade countertops to granite, per review and acceptance of builder options and pricing. Buyer to have exclusive right to purchase for 10 days from the date of this contract being fully executed, and a 48 hr. first right of refusal thereafter, while they work to get their current property under contract with a buyer, per section "9. Contingencies". 27. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed by Buyer and Seller and attached to this Agreement. 28. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s) required or permitted under this Agreement may also be transmitted by facsimile or other electronic means. 29. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’ license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme to steal funds or use your identity. 243 Monroe Ave ave, 243, Muskegon, MI 49441 05/21/2021 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations PM RVM FP Revision Date 1/2021 05/21/21 05/21/21 Buyer’s Initials 05/21/21 Seller’s Initials 12:03 PM EDT 12:49 PM EDT 3:21 PM EDT dotloop verified dotloop verified dotloop verified dotloop signature verification: dtlp.us/otV3-AlEu-3VnE West Michigan Regional Purchase Agreement Page 6 of 6 30. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer. dotloop verified Phillip McPherson Buyer 1 Address X 05/21/21 12:03 PM EDT VL5W-U7QS-3MF0-OZMJ Buyer Buyer 1 Phone: (Res.) (Bus.) Phillip McPherson Philip McPherson Print name as you want it to appear on documents. dotloop verified Buyer 2 Address X Richard Vanderputte-McPherson 05/21/21 12:49 PM EDT Buyer Buyer 2 Phone: (Res.) (Bus.) Richard Vanderputte-McPherson Print name as you want it to appear on documents. 31. Seller’s Response: The above offer is approved: As written. As written except: Buyer must use transnation tile. The seller is conveying by way of Covenant Deed and will only provide a Basic Owner’s Policy. Counteroffer, if any, expires 05/21/2021 , at 9pm (time). Seller has the right to withdraw this counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance. 32. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as disclosed in the Seller’s Disclosure Statement dated (check one): Yes No. Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement prior to closing. 33. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form is available from the respective agents via the West Michigan REALTOR® Boards. 34. Listing Office Address: 255 W Western Ave Listing Broker License # 6506015435 Listing Agent Name: Mariana Murillo VanDam Listing Agent License # 35. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required below. dotloop verified X (Seller’s Signature, Date, Time): Frank Peterson 05/21/21 3:21 PM EDT XC2X-GOWY-CI1M-6CEK Frank Peterson Is Seller a U.S. Citizen? Yes No* Print name as you want it to appear on documents. X (Seller’s Signature, Date, Time): Hope Griffith Is Seller a U.S. Citizen? Yes No* Print name as you want it to appear on documents. Seller’s Address: Seller’s Phone (Res.) (Bus) * If Seller(s) is not a U.S. Citizen, there may be tax implications and Buyer and Seller are advised to seek professional advice. 36. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged. X (Buyer’s Signature, Date, Time): X (Buyer’s Signature, Date, Time): 37. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer. dotloop verified X (Seller’s Signature, Date, Time): Frank Peterson 05/21/21 3:21 PM EDT FMCD-OVRU-T2MW-LXY4 X (Seller’s Signature, Date, Time): 243 Monroe Ave ave, 243, Muskegon, MI 49441 05/21/2021 Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations PM RVM FP Revision Date 1/2021 05/21/21 05/21/21 Buyer’s Initials 05/21/21 Seller’s Initials 12:03 PM EDT 12:49 PM EDT 3:21 PM EDT dotloop verified dotloop verified dotloop verified Agenda Item Review Form Muskegon City Commission Commission Meeting Date: June 22nd, 2021 Title: MDOT Agreement for Musketawa Trail Connector Submitted By: Leo Evans Department: Public Works Brief Summary: Staff is requesting approval of the contract with MDOT for the construction of the Musketawa Trail Connector and approval of the resolution authorizing the Mayor and Clerk to sign the contract. Detailed Summary: This is the standard contract governing projects that are constructed using federal funds through MDOT. The estimated cost for the project construction is $518,6023.35 with $181,024.00 of that being federal surface transportation funding, $315,000.00 being MDNR Recreational Trails Funding and the remainder being funded through the Cities Major Street Budget in the 21/22 Budget year. Work on this trail is expected to commence in August and take approximately 8 weeks to complete. Amount Requested: $ 0 Amount Budgeted: $ 0 Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: Approve the attached contract and resolution and authorize the mayor and clerk to sign both. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: RESOLUTION __________ RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR HOT MIX ASPHALT, NON-MOTORIZED TRAIL CONSTRUCTION ALONG BLACK CREEK ROAD, LATIMER ROAD AND PORT CITY BOULEVARD FROM SOUTH OF OLTHOFF DRIVE TO KEATING AVENUE. Moved by Commissioner ________________ and supported by Commissioner ______________ the following Resolution be adopted: WHEREAS, entry by the City of Muskegon into Contract no. 21-5202 between the Michigan Department of Transportation and the City of Muskegon for the construction of a non-motorized trail to connect the Laketon Trail and the Musketawa Trail within the City is in the best interests of the City of Muskegon. RESOLVED, that entry by the City into Contract Agreement Number 21-5202 be and the same is hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for and on behalf of the City of Muskegon. Adopted this 22nd day of June, 2021. BY Stephen J. Gawron, Mayor ATTEST Ann Meisch, City Clerk CERTIFICATION This resolution was adopted at a meeting of the City Commission, held on June 22nd, 2021. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By___________________________ Ann Meisch, City Clerk NRT, TAP DA Control Section NRT 61000 Job Number 208592CON Project 21A0562 CFDA No. 20.205 (Highway Research Planning & Construction) Contract No. 21-5202 PART I THIS CONTRACT, consisting of PART I and PART II (Standard Agreement Provisions), is made by and between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT"; and the CITY OF MUSKEGON, a Michigan municipal corporation, hereinafter referred to as the "REQUESTING PARTY"; for the purpose of fixing the rights and obligations of the parties in agreeing to the following improvements, in Muskegon, Michigan, hereinafter referred to as the "PROJECT" and estimated in detail on EXHIBIT "I", dated May 26, 2021, attached hereto and made a part hereof: PART A – FEDERAL PARTICIPATION Hot mix asphalt, non-motorized trail and timber boardwalk construction along Black Creek Road, Latimer Drive and Port City Boulevard from south of Olthoff Drive to Keating Avenue; and all together with necessary related work. PART B – NO FEDERAL PARTICIPATION Underground sprinkler system restoration along the limits as described in Part A; and all together with necessary related work. WITNESSETH: WHEREAS, pursuant to Federal law, monies have been provided for the performance of transportation enhancement activities; and WHEREAS, it has been determined that the PROJECT qualifies for such funding by virtue of its direct relationship with the intermodal transportation system; and WHEREAS, the reference "FHWA" in PART I and PART II refers to the United States Department of Transportation, Federal Highway Administration; and WHEREAS, the PROJECT, or portions of the PROJECT, at the request of the REQUESTING PARTY, are being programmed with the FHWA, for implementation with the use of Federal Funds under the following Federal program(s) or funding: RECREATIONAL TRAILS PROGRAM TRANSPORTATION ALTERNATIVES PROGRAM 09/06/90 STPLSTAP.FOR 5/26/2021 1 WHEREAS, the parties hereto have reached an understanding with each other regarding the performance of the PROJECT work and desire to set forth this understanding in the form of a written contract. NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of the parties and in conformity with applicable law, it is agreed: 1. The parties hereto shall undertake and complete the PROJECT in accordance with the terms of this contract. 2. The term "PROJECT COST", as herein used, is hereby defined as the cost of the physical construction necessary for the completion of the PROJECT, including any other costs incurred by the DEPARTMENT as a result of this contract, except construction engineering and inspection. No charges will be made by the DEPARTMENT to the PROJECT for any inspection work or construction engineering. The costs incurred by the REQUESTING PARTY for preliminary engineering, construction engineering, construction materials testing, inspection, and right-of-way are excluded from the PROJECT COST as defined by this contract. The Michigan Department of Environment, Great Lakes, and Energy (EGLE) has informed the DEPARTMENT that it adopted new administrative rules (R 325.10101, et. seq.) which prohibit any governmental agency from connecting and/or reconnecting lead and/or galvanized service lines to existing and/or new water main. Questions regarding these administrative rules should be directed to EGLE. The cost associated with replacement of any lead and/or galvanized service lines, including but not limited to contractor claims, will be the sole responsibility of the REQUESTING PARTY. 3. The DEPARTMENT is authorized by the REQUESTING PARTY to administer on behalf of the REQUESTING PARTY all phases of the PROJECT including advertising and awarding the construction contract for the PROJECT or portions of the PROJECT. Such administration shall be in accordance with PART II, Section II of this contract. Any items of the PROJECT COST incurred by the DEPARTMENT may be charged to the PROJECT. 4. The REQUESTING PARTY, under the terms of this contract, shall: A. At no cost to the PROJECT (1) Design or cause to be designed the plans for the PROJECT. 09/06/90 STPLSTAP.FOR 5/26/2021 2 (2) Appoint a project engineer who shall be in responsible charge of the PROJECT and ensure that the plans and specifications are followed. (3) Perform or cause to be performed the construction engineering, construction materials testing, and inspection services necessary for the completion of the PROJECT. B. At least 10 days prior to any ceremony to be held in connection with the PROJECT, notify the DEPARTMENT. C. When issuing any news release or promotional material regarding the PROJECT, give the DEPARTMENT and FHWA credit for participation in the PROJECT and provide a copy of such material to the DEPARTMENT. The REQUESTING PARTY will furnish the DEPARTMENT proposed timing sequences for trunkline signals that, if any, are being made part of the improvement. No timing adjustments shall be made by the REQUESTING PARTY at any trunkline intersection, without prior issuances by the DEPARTMENT of Standard Traffic Signal Timing Permits. 5. The PROJECT COST shall be met in accordance with the following: PART A The PART A portion of the PROJECT COST shall be met in part by contributions by the Federal Government. Federal Recreational Trails Program Funds in combination with Federal Transportation Alternatives Program Funds shall be applied to the eligible items of the PROJECT COST up to the lesser of: (1) $496,024, or (2) an amount such that 88 percent, the Federal participation ratio for Federal Transportation Alternatives Program Funds combined with Federal Recreational Trails Program Funds, is not exceeded at the time of the award of the construction contract with Federal Transportation Alternatives Program Funds limited to $181,024 and Federal Recreational Trails Program Funds limited to $315,000. The balance of the PROJECT COST, after deduction of Federal Funds, shall be charged to and paid by the REQUESTING PARTY in the manner and at the times hereinafter set forth. PART B The PART B portion of the PROJECT COST is not eligible for Federal participation and shall be charged to and paid 100 percent by the REQUESTING PARTY in the manner and at the times hereinafter set forth. Any items of PROJECT COST not reimbursed by Federal Funds shall be the sole responsibility of the REQUESTING PARTY. 6. No working capital deposit will be required for this PROJECT. 09/06/90 STPLSTAP.FOR 5/26/2021 3 In order to fulfill the obligations assumed by the REQUESTING PARTY under the provisions of this contract, the REQUESTING PARTY shall make prompt payments of its share of the PROJECT COST upon receipt of progress billings from the DEPARTMENT as herein provided. All payments will be made within 30 days of receipt of billings from the DEPARTMENT. Billings to the REQUESTING PARTY will be based upon the REQUESTING PARTY'S share of the actual costs incurred less Federal Funds earned as the PROJECT progresses. 7. It is understood that the REQUESTING PARTY is responsible for the facilities constructed as the PROJECT and that said facilities may require special or unusual operation and/or maintenance. The REQUESTING PARTY certifies, by execution of this contract, that upon completion of construction and at no cost to the PROJECT or the DEPARTMENT, it will properly maintain or provide for the maintenance and operation of the PROJECT, making ample provisions each year for the performance of such maintenance work as may be required. Upon completion of the PROJECT, the REQUESTING PARTY shall accept the facilities constructed as built to specifications within the construction contract documents. On projects involving the mobility for bicyclists, the REQUESTING PARTY will enact no ordinances or regulations prohibiting the use of bicycles on the facility hereinbefore described as the PROJECT and will amend any existing restrictive ordinances in this regard so as to allow use of this facility by bicycles. No motorized vehicles shall be permitted on such facility constructed as the PROJECT except those for maintenance or emergency assistance purposes, or mobility for persons with disabilities. On projects involving the restoration of historic facilities, the REQUESTING PARTY agrees that the project will not be awarded until the owner of such facilities has an Historic Preservation Covenant, which includes an Historic Preservation Easement, or an Historic Preservation Agreement, as appropriate, with the Michigan State Historic Preservation Office in accordance with 1995 PA 60 for the purpose of ensuring that the historic property will be preserved. The REQUESTING PARTY also agrees that such facilities shall be maintained and repaired by the REQUESTING PARTY or owner, as applicable, at no cost to the DEPARTMENT or the PROJECT, in such a manner as to preserve the historical integrity of features, materials, appearance, workmanship, and environment. On projects which include landscaping, the DEPARTMENT, at PROJECT COST, agrees to perform or cause to be performed, the watering and cultivating necessary to properly establish the plantings for a period of two growing seasons, in general conformance with Section 815.03(L) of the DEPARTMENT'S Standard Specifications for Construction. The REQUESTING PARTY shall maintain all plantings following completion of said period of establishment. Failure of the REQUESTING PARTY to fulfill its responsibilities as outlined herein may disqualify the REQUESTING PARTY from future Federal aid participation in Transportation Alternatives Program projects or in other projects on roads or streets for which it has maintenance responsibility. Federal aid may be withheld until such time as deficiencies in regulations have been corrected, and the improvements constructed as the PROJECT are brought to a satisfactory condition of maintenance. 09/06/90 STPLSTAP.FOR 5/26/2021 4 8. The performance of the entire PROJECT under this contract, whether Federally funded or not, will be subject to the provisions and requirements of PART II that are applicable to a Federally funded project. In the event of any discrepancies between PART I and PART II of this contract, the provisions of PART I shall prevail. Buy America Requirements (23 CFR 635.410) shall apply to the PROJECT and will be adhered to, as applicable, by the parties hereto. 9. The REQUESTING PARTY certifies that it is not aware if and has no reason to believe that the property on which the work is to be performed under this agreement is a facility, as defined by the Michigan Natural Resources and Environmental Protection Act [(NREPA), PA 451, 1994, as amended 2012]; MCL 324.20101(1)(s). The REQUESTING PARTY also certifies that it is not a liable party pursuant to either Part 201 or Part 213 of NREPA, MCL 324.20126 et seq. and MCL 324.21323a et seq. The REQUESTING PARTY is a local unit of government that has acquired or will acquire property for the use of either a transportation corridor or public right-of-way and was not responsible for any activities causing a release or threat of release of any hazardous materials at or on the property. The REQUESTING PARTY is not a person who is liable for response activity costs, pursuant to MCL 324.20101 (vv) and (ww). 10. If, subsequent to execution of this contract, previously unknown hazardous substances are discovered within the PROJECT limits, which require environmental remediation pursuant to either state or federal law, the REQUESTING PARTY, in addition to reporting that fact to the Michigan Department of Environment, Great Lakes, and Energy, shall immediately notify the DEPARTMENT, both orally and in writing of such discovery. The DEPARTMENT shall consult with the REQUESTING PARTY to determine if it is willing to pay for the cost of remediation and, with the FHWA, to determine the eligibility, for reimbursement, of the remediation costs. The REQUESTING PARTY shall be charged for and shall pay all costs associated with such remediation, including all delay costs of the contractor for the PROJECT, in the event that remediation and delay costs are not deemed eligible by the FHWA. If the REQUESTING PARTY refuses to participate in the cost of remediation, the DEPARTMENT shall terminate the PROJECT. The parties agree that any costs or damages that the DEPARTMENT incurs as a result of such termination shall be considered a PROJECT COST. 11. If federal and/or state funds administered by the DEPARTMENT are used to pay the cost of remediating any hazardous substances discovered after the execution of this contract and if there is a reasonable likelihood of recovery, the REQUESTING PARTY, in cooperation with the Michigan Department of Environment, Great Lakes, and Energy and the DEPARTMENT, shall make a diligent effort to recover such costs from all other possible entities. If recovery is made, the DEPARTMENT shall be reimbursed from such recovery for the proportionate share of the amount paid by the FHWA and/or the DEPARTMENT and the DEPARTMENT shall credit such sums to the appropriate funding source. 09/06/90 STPLSTAP.FOR 5/26/2021 5 12. The DEPARTMENT'S sole reason for entering into this contract is to enable the REQUESTING PARTY to obtain and use funds provided by the Federal Highway Administration pursuant to Title 23 of the United States Code. Any and all approvals of, reviews of, and recommendations regarding contracts, agreements, permits, plans, specifications, or documents, of any nature, or any inspections of work by the DEPARTMENT or its agents pursuant to the terms of this contract are done to assist the REQUESTING PARTY in meeting program guidelines in order to qualify for available funds. Such approvals, reviews, inspections, and recommendations by the DEPARTMENT shall not relieve the REQUESTING PARTY of its ultimate control and shall not be construed as a warranty of their propriety or that the DEPARTMENT is assuming any liability, control, or jurisdiction. The providing of recommendations or advice by the DEPARTMENT or its agents does not relieve the REQUESTING PARTY and the local agencies, as applicable of their exclusive jurisdiction of any of their highways and responsibility under MCL 691.1402 et seq., as amended. When providing approvals, reviews and recommendations under this contract, the DEPARTMENT or its agents is performing a governmental function, as that term is defined in MCL 691.1401 et seq., as amended, which is incidental to the completion of the PROJECT. Upon completion of the PROJECT, the REQUESTING PARTY shall accept the facilities constructed as built to specifications within the contract documents. It is understood that the REQUESTING PARTY shall own the facilities and shall operate and maintain the facilities in accordance with applicable law. 13. The DEPARTMENT, by executing this contract, and rendering services pursuant to this contract, has not and does not assume jurisdiction of any REQUESTING PARTY highway for purposes of MCL 691.1402 et seq., as amended. Exclusive jurisdiction of such highway for the purposes of MCL 691.1402 et seq., as amended, rests with the REQUESTING PARTY and other local agencies having respective jurisdiction. 14. The REQUESTING PARTY shall approve all of the plans and specifications to be used on the PROJECT and shall be deemed to have approved all changes to the plans and specifications when put into effect. It is agreed that ultimate responsibility and control over the PROJECT rests with the REQUESTING PARTY and local agencies, as applicable. 15. The REQUESTING PARTY agrees that the costs reported to the DEPARTMENT for this contract will represent only those items that are properly chargeable in accordance with this contract. The REQUESTING PARTY also certifies that it has read the contract terms and has made itself aware of the applicable laws, regulations, and terms of this contract that apply to the reporting of costs incurred under the terms of this contract. 16. Each party to this contract will remain responsible for any and all claims arising out of its own acts and/or omissions during the performance of the contract, as provided by this contract or by law. In addition, this is not intended to increase or decrease either party’s liability 09/06/90 STPLSTAP.FOR 5/26/2021 6 for or immunity from tort claims. This contract is also not intended to nor will it be interpreted as giving either party a right of indemnification, either by contract or by law, for claims arising out of the performance of this contract. 17. The parties shall promptly provide comprehensive assistance and cooperation in defending and resolving any claims brought against the DEPARTMENT by the contractor, vendors or suppliers as a result of the DEPARTMENT'S award of the construction contract for the PROJECT. Costs incurred by the DEPARTMENT in defending or resolving such claims shall be considered PROJECT COSTS. 18. The DEPARTMENT shall require the contractor who is awarded the contract for the construction of the PROJECT to provide insurance in the amounts specified and in accordance with the DEPARTMENT'S current Standard Specifications for Construction and to: A. Maintain bodily injury and property damage insurance for the duration of the PROJECT. B. Provide owner's protective liability insurance naming as insureds the State of Michigan, the Michigan State Transportation Commission, the DEPARTMENT and its officials, agents and employees, the REQUESTING PARTY and any other county, county road commission, or municipality in whose jurisdiction the PROJECT is located, and their employees, for the duration of the PROJECT and to provide, upon request, copies of certificates of insurance to the insureds. It is understood that the DEPARTMENT does not assume either ownership of any portion of the PROJECT or jurisdiction of any REQUESTING PARTY highway as a result of being named as an insured on the owner's protective liability insurance policy. C. Comply with the requirements of notice of cancellation and reduction of insurance set forth in the current standard specifications for construction and to provide, upon request, copies of notices and reports prepared to those insured. 09/06/90 STPLSTAP.FOR 5/26/2021 7 19. This contract shall become binding on the parties hereto and of full force and effect upon the signing thereof by the duly authorized officials for the parties hereto and upon the adoption of the necessary resolutions approving said contract and authorizing the signatures thereto of the respective officials of the REQUESTING PARTY, a certified copy of which resolution shall be attached to this contract. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed as written below. CITY OF MUSKEGON MICHIGAN DEPARTMENT OF TRANSPORTATION By___________________________ By Title: Department Director MDOT By Title: REVIEWED By Larry Doyle at 8:45 am, 6/4/21 09/06/90 STPLSTAP.FOR 5/26/2021 8 May 26, 2021 EXHIBIT I CONTROL SECTION NRT 61000 JOB NUMBER 208592CON PROJECT 21A0(562) ESTIMATED COST CONTRACTED WORK PART A PART B TOTAL Estimated Cost $547,600 $ 10,000 $557,600 COST PARTICIPATION GRAND TOTAL ESTIMATED COST $547,600 $ 10,000 $557,600 Less Federal Funds * $481,888 $ 0 $481,888 BALANCE (REQUESTING PARTY’S SHARE) $ 65,712 $ 10,000 $ 75,712 *Federal Funds for the PROJECT are limited to an amount as described in Section 5. NO DEPOSIT 09/06/90 STPLSTAP.FOR 5/26/2021 9 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: June 22nd, 2021 Title: City of Muskegon / Muskegon Public Schools Cost Sharing Agreement Submitted By: Leo Evans Department: Public Works Brief Summary: Staff is requesting approval of a cost sharing agreement with Muskegon Public Schools related to completion of several utility relocations required to facilitate construction of the MPS High School and MPS Middle School capital projects. Detailed Summary: Staff has worked with Muskegon Public Schools to identify several city owned utility lines that required relocation to allow for capital projects to take place at the Muskegon High School Campus as well as the proposed Muskegon Middle School Campus. At the High School campus there are existing active sanitary sewer line and an existing active storm sewer line located in the vacated Jefferson Street ROW north of Southern Avenue that require removal and rerouting to allow for work at the high school site. At the proposed Middle School campus there is an existing active storm sewer line located in the vacated Clinton Avenue ROW south of Dale Avenue that requires rerouting to allow for planned work at the middle school site. Staff worked with MPS and our Engineers (Prein & Newhof) to develop a solution that could be constructed in conjunction with the ongoing work on Peck Street to eliminate the utility conflicts and allow for the MPS projects to continue without interruption. The total cost for this work is estimated at $571,627.01 ($505,127.01 Construction Contract + $66,500 Engineering). Of that total Muskegon Public Schools is responsible for $468,980.36 and the City of Muskegon would be responsible for $102,646.65 due to staff recommending an alternative routing at the High School site that better fits in with the long term management of the utility system. MPS has also reviewed this document and is agreeable to the terms. A change order to incorporate this work into the Peck Street project will be prepared at a later date and brought for consideration by this board as it relates to adding this work into the ongoing project via a change order. Amount Requested: $ 0 Amount Budgeted: $ 0 Fund(s) or Account(s): 590/591-92010 Fund(s) or Account(s): 590/591-92010 Recommended Motion: Approve the attached letter of understanding and exhibits outlining the cost sharing agreement and authorize the Mayor and Clerk to sign. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: Affirmative Action (231)724-6703 FAX (231)722-1214 Assessor/ Equalization Co. (231)724-6386 FAX (231)724-1129 Cemetery/Forestry (231)724-6783 FAX (231)724-4188 City Manager (231)724-6724 FAX (231)722-1214 Letter of Understanding Between Clerk (231)724-6705 The City of Muskegon & Muskegon Public Schools FAX (231)724-4178 Comm. & Neigh. Muskegon Public Schools is undertaking a number of capital projects on their campuses throughout Services the city. Two of those projects (High School and Middle School) require the relocation of existing (231)724-6717 FAX (231)726-2501 City of Muskegon utility facilities to allow for construction. Computer Info. Technology Muskegon Public Schools and the City of Muskegon acknowledge that the relocation of these lines is (231)724-4126 necessary to complete the planned upgrades. Further, Muskegon Public Schools and the City of FAX (231)722-4301 Muskegon acknowledge that the expense to relocate these lines in the most cost effective manner Engineering (231)724-6707 possible is the financial responsibility of Muskegon Public Schools. Lastly, Muskegon Public FAX (231)727-6904 Schools and the City of Muskegon acknowledge that the designs presented by Muskegon Public Finance Schools and included as Exhibit A and Exhibit B represent the most cost effective manner of (231)724-6713 FAX (231)726-2325 accomplishing the needed relocations. Fire Department (231)724-6795 FAX (231)724-6985 The City of Muskegon agrees to the following: Human Resources Co. (Civil Service) (231)724-6442 • To incorporate additional work into the ongoing Peck Street project (92010) outlined in the FAX (231)724-6840 attached Exhibit E (Final Plans) that will eliminate the utility conflicts on both the middle Income Tax school and high school sites during the 2021 construction season. (231)724-6770 FAX (231)724-6768 Mayor’s Office • To incorporate the work into the ongoing Peck Street project in accordance with the city (231)724-6701 purchasing policy via a change order with the total amount as outlined in the attached Exhibit FAX (231)722-1214 F (Estimated Construction Costs). Planning/Zoning (231)724-6702 FAX (231)724-6790 • To accept and amendment to the Engineering Services Agreement with Prein & Newhof to Police Department complete the engineering for this additional work as outlined in Exhibit G (Engineering (231)724-6750 FAX (231)722-5140 Amendment). Public Works (231)724-4100 FAX (231)722-4188 • To finance the cost of the work, and upon completion to invoice Muskegon Public Schools for their reasonable portion of the actual cost of the completed work. SafeBuilt (Inspections) (231)724-6715 FAX (231)728-4371 • To keep Muskegon Public Schools updated of the project status and allow for feedback and Treasurer comment from Muskegon Public Schools during the project progress. (231)724-6720 FAX (231)724-6768 • To fully vacate any remaining utility rights held by the City of Muskegon that were required Water Billing (231)724-6718 for lines to be abandoned as shown in Exhibit C (High School) and Exhibit D (Middle FAX (231)724-6768 School). Water Filtration (231)724-4106 FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 http://www.shorelinecity.com Muskegon Public Schools agrees to the following: • To turn over control of the utility relocation projects to the City of Muskegon. • To reimburse the City of Muskegon for the actual cost of the work upon completion of the work and final invoicing from the City. Muskegon Public Schools will not be responsible to reimburse for the additional block of Sanitary Sewer work on Southern between Sanford and Peck as this option was selected by the City as preferred over the original design presented by MPS. • To accept as private utilities under Muskegon Public Schools ownership any utility lines remaining in service within the vacated utility easements and right-of-ways. These lines are shown approximately in Exhibit C and Exhibit D. City of Muskegon BY Stephen J. Gawron, Mayor ATTEST Ann Meisch, City Clerk Muskegon Public Schools BY Bill O’Brien, President – Board of Education ATTEST Lynnette Marks, Secretary – Board of Education City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 http://www.shorelinecity.com 4 East Fulton Street, Suite 200 242 East Kalamazoo Avenue, Suite 200 © 2021 ALL RIGHTS RESERVED TOWERPINKSTER.COM 269.343.6633 FAX Grand Rapids, Michigan 49503 Kalamazoo, Michigan 49007-5828 PROPOSED BUILDING FFE = 626.80 PHONE PHONE 616.456.5936 FAX 269.343.6133 0' 10' 20' 40' 627 SCALE 1" =20' 627 616.456.9944 627 A RTYION IN UC IM NS TR ELR CO PR N OTF O XXXXXXXXXXXXXXXXXXXXXX 627 ISSUED FOR DATE 631 632 633 627 HIGH SCHOOL BUILDING ADDITIONS & XXXXXXXXXXXXXXXXXXXXXXXXXXXX 628 EXISTING BUILDING FFE = 629.17 RENOVATIONS 627 PROJECT TITLE XXXXXXXXXXXXXXXXXXXXXXXXXXXX EXISTING BUILDING FFE = 627.30 628 XXXXXXXXXXXXXXXXXXXX MUSKEGON PUBLIC SCHOOLS XXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXX PROPOSED BUILDING 15,115 SFT Muskegon, Michigan FFE = 627.30 REMOVE EX. SANITARY SEWER REMOVE EX. STORM PIPE OWNER XXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXX 627 GRADING, DRAINAGE & SESC PLAN EX. SAN MH February 5, 2021 RIM = 626.95 REMOVE EX. 8" SANITARY N 10" INV = 617.25 SEWER & REPLACE WITH 15" S 10" INV = 617.25 E 10" INV = 617.35 SANITARY SEWER @ 0.16%± EX. STM MH RIM = 626.00 PROP. STM MH Project Manager RIM = 626.01± N 8" INV = 619.70 S 8" INV = 619.70 REBECCA PAGE, P.E. MUSKEGON PUBLIC S 8" INV = 619.51 W 24" INV = 619.51 PROP. SAN MH SCHOOLS 66' R.O.W. LINE RIM = 626.13 E 20" INV = 620.27 S 10" INV = 618.10 Drawn by PLACE: 80 W. SOUTHERN AVE DATE 2'Ø STORM MH E 10" INV = 618.10 COLLIN DEPREKEL W 15" INV = 618.00 RIM = 626.90± HEI Project Number MUSKEGON, MICHIGAN 49442 SW 12" INV = 618.69 REMOVE EX. 18"/20" STORM EX. STM MH PROP. STM MH E 12" INV = 618.69 EX. STM MH RIM = 626.87 SEWER & REPLACE WITH 432 LF OF 36" STORM SEWER @ 0.22%± RIM = 626.01± NW 12" INV = EX INV EX. SAN MH RIM = 626.13 RIM = 626.12 N 6" INV = 620.67 (TOP WTMN) S 6" INV = 620.67 (TOP WTMN) 20-09-010PT. OF BLOCKS 395, 400, 403, 404, 421, 422 CITY OF MUSKEGON, MUSKEGON CO., MI. SW 12" INV = EX INV S 12" INV = 622.02 N 12" INV = 621.77 N 10" INV = 618.10 E 24" INV = 620.62 The Surveyor's / W 24" INV = 618.57 E 24" INV = 619.32 S 10" INV = 618.10 W 24" INV = 620.62 Engineer's liability for any E 24" INV = 618.67 W 24" INV = 619.32 E 10" INV = 618.10 and all claims, including W 10" INV = 618.10 SHEET NUMBER but not limited to those C 201 REMOVE EX. STORM MH & arising out of the REPLACE W/ 6' Ø STORM MH 18-186.65 SHEET TITLE Surveyor's / Engineer's RIM = 626.87 professional services, N 12" INV = 621.77 negligence, gross 220 Hoover Boulevard W 36" INV = 618.57 misconduct, warranties or misrepresentations shall Holland, Michigan 49423-3766 E 36" INV = 618.57 be deemed limited to an www.hollandengineering.com amount no greater than T 616-392-5938 F 616-392-2116 the service fee. 1.00 STRM-7 RIM 626.67 SW 12" CONC 622.27 NE 12" CONC 621.21 N 36" CONC. 614.99 SE 36" CONC 614.99 PLACE 732+/- LF OF 36" PLACE 535+/- LF OF 36" STRM-8 STORM SEWER @ 0.27% RIM 625.84 STORM SEWER @ 0.28% SW 10" CONC 619.04 NW 36" CONC. 614.69 S 36" CONC 614.66 CB-15 RIM 625.61 STRM-1 E 6" PVC 619.84 RIM 625.58 NW 8" CLAY 617.61 NE 8" PVC 623.58 SE 36" PLASTIC 616.59 E 10" CONC. 622.93 N/SW 36" CONC. 614.05 S 10" CONC 623.03 36" STM INV 613.00+/- E 36" CONC. 612.80 W 36" CONC. 612.88 36" STM INV 613.47+/- STRM-3 RIM 625.57 NE 8" CLAY 621.11 E 12" CONC 618.67 W/NE 36" CONC. 613.77 City of Muskegon Utility Map Date: 3/11/2021 123 13861394 36 46 '' 42 8 247 1392 10'' Jefferson 8'' 268 239 1375 1385 16 ng .« ¬.& 8 & F 1389 159 1391 1391 6'' o .& &. 165 153 24'' 1386 62 &!< Str 261 F 6'' . 1388 . & ! < ! < e 1403 < ! ! < .10'' 6'' Av 154 F 1403 F 12'' 228 .. & ! <& ! St 206 < 6'' 6t h 222 140 246 236 164 ¬ « & F F 8 200 1411 130 1413 1415 1410 19 29 24'' St F ¬ « 1412 41 6'' & . 8 6'' 170 148 F F 8 .& & . F 8 8 27'' 6'' ¬ « . & 27'' &¬ .« ¬ « 1418 ¬&. « 10'' . & F & . F ! < ! < 24'' ! < 24'' 8 1422 1423 ! < ! < . & 24'' F F 16'' . & F 1432 249 197 189 ! < F '' 20 229 ! < 1433 Peck St F 1440 247 1443 1436 1435 205 8 213 1440 F 5th St 1450 237 1441 1451 6'' 1443 1458 8'' F 1457 1449 8 8 F 238 1464 224 8 F 1465 1461 F 1472 230 216 .& & & .. 1469 F 20'' 250 1471 1470 6'' 1467 F 1480 6'' 1479 6'' 206 .& & ¬ 6'' 27'' .« 6''F 8 8 ¬!< « 80 30 38 8 ¬ 6'' < ! ! < F & . 6'' . & & 2'' . « 15'' ¬&.&. « 15'' 6 Sent: Tuesday, May 4, 2021 5:02 PM To: Tyler DeNooyer Cc: Matthew R. Hulst; Brad Kreider Subject: Hand Chipping Duct Bank pricing Good evening Tyler, We have come up with a price for the unexpected duct bank requiring hand chipping and salvaging the live phone line. That price is $10.63/LF. Our quantity for that work is 489 LF. Please let me know if you have any questions. Thank you Adam Khodl, Project Manager Kamminga and Roodvoets Inc. Phone: (616)949-0800 Ext. 140 Cell: (616)-437-6764 Fax: (616) 949-1894 1 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 6/22/2021 Title: Equipment Purchase Submitted By: Joe Buckingham Department: DPW/Equipment Brief Summary: The Equipment Division is requesting permission to purchase one (1) Set of Rotary Post Hoists from American Hoist and Lube, the lowest qualified bidder. This hoist is used for lifting our heavy trucks for service. Detailed Summary: Amount Requested: $39,265.59 Amount Budgeted: $39,265.59 Fund(s) or Account(s): Equipment fund Fund(s) or Account(s): 661-60932-5720 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: Agenda Item Review Form Muskegon City Commission Commission Meeting Date: June 22, 2021 Title: Fire Barn Museum Exhibit Submitted By: Jeffrey Lewis Department: Public Safety Brief Summary: Renewal of Yearly Long-term loan of the 1923 LaFrance Fire Engine and attached equipment in the Fire Barn Museum Exhibit Detailed Summary: Renewal of Yearly Long-term loan for Fire Barn Museum Exhibit holding the 1923 LaFrance Fire Engine and attached equipment. Renewal due June 30, 2021 expiring on June 30, 2022. Lakeshore Museum Center agrees to provide insurance coverage, (see attached). Amount Requested: $0 Amount Budgeted:$0 Fund(s) or Account(s): $0 Fund(s) or Account(s):$0 Recommended Motion: Approval of renewing the loan of the 1923 LaFrance Fire Engine and attached equipment for the upcoming year, expiring June 30, 2022 with the Lakeshore Museum Center agreeing to provide insurance coverage. Check if the following Departments need to approve the item first: Police Dept. ☐ Fire Dept. ☐ IT Dept. ☐ For City Clerk Use Only: Commission Action: Loan Agreement Incoming Loan for Exhibit Loan# 41 Name: City of Muskegon Phone: 231-724-6955 Address: 980 Jefferson Street City, State Zip: Muskegon MI 49443 Email: jeff.lewis@shorelinecity.com Start Date: Renewal 6-30-2021 End Date: Yearly review and renewal on 6-30-2022 For Use in: Fire Barn Museum Exhibit The objects listed below and on any attached sheets are on loan subject to the conditions printed on the reverse. Detailed description of items: Long-term Loan for Fire Barn Museum Exhibit 1923 LaFrance Fire Engine and attached equipment See reverse for terms and conditions. Insurance Coverage Lakeshore Museum Center agrees to provide insurance coverage, see attached documentation. The object(s) described above have been received by the Lakeshore Museum Center as a loan for exhibit, subject to the conditions on the reverse of this form. I acknowledge that I have read and agree to the conditions accompanying this form and certify that I have the authority to enter into this loan agreement. Lender Signature: _________________________________________________ Date: ____________________ 6/3/2021 LMC Representative: ______________________________________________ Date: ____________________ Returned to Lender: I acknowledge that the object(s) described above have been returned in satisfactory condition and hereby release the Lakeshore Museum Center from any further responsibility for their care. Lender Signature: _________________________________________________ Date: ____________________ LMC Representative: ______________________________________________ Date: ____________________ Lakeshore Museum Center, 430 West Clay Avenue, Muskegon, MI 49440 Phone 231.722.0278 • Fax 231.728.4119 • Email: info@lakeshoremuseum.org • www.lakeshoremuseum.org Loan Terms and Conditions Incoming Loan for Exhibit Special Terms and Conditions – 1923 LaFrance Fire Engine, Lender City of Muskegon Care and Preservation 1. The Lakeshore Museum Center (LMC) agrees to exercise reasonable care of the truck and will do what is reasonably necessary to preserve it in as good a condition as when received – with the exception of deterioration due to age and wear and tear due to approved use of truck for education and special event hands on use, and general maintenance. 2. City of Muskegon agrees to allow the LMC to keep the truck in operating condition and maintain or replace any components, including tires, brakes or other mechanical systems, as well as clean the truck. The City of Muskegon allows the LMC to do whatever maintenance is necessary to keep the truck operational without approval. However, the LMC is under no obligation to keep the truck in working condition or complete general maintenance, but will do so only as LMC budget allows. 3. City of Muskegon and Fire Department agree that the truck is available for hands on interaction with the public under the supervision of LMC staff – including but not limited to allowing the public to site in the driver’s seat, stand on running boards and other surfaces available for such use in normal operating conditions. Members of the public will not be allowed to operate the truck or be in physical contact with it while in motion. 4. City of Muskegon agrees that LMC staff or approved contractors may drive the truck – including but not limited to community events, parades, educational programming, and while performing general maintenance. 5. City of Muskegon and/or Fire Department personnel will cooperate to start engine or move vehicle outside of LMC Fire Barn Museum property for special events or the facilitate City of Muskegon/Fire Department maintenance activities. LMC requests a 30 day notice if possible before these activities occur. 6. In the event of damage to the objects while on loan, LMC will notify the Lender as soon as possible. 7. City of Muskegon/Fire Department personnel are welcome during business hours or at some other mutually agreed upon time to come onto Museum premises to service the truck, and if desired by both parties, to keep it in operating condition. 8. Any expense associated with keeping the truck in operating condition or any other work on truck, is the responsibility of the party who is pursing the maintenance. Insurance 1. LMC agrees to insure under its contents insurance policy for an amount not less than $40,000. LMC shall have no liability for destruction or diminution in value of the truck above and beyond the insurance coverage. Ownership and Lender Contact Information 1. Lender is responsible for updating address and contact information with LMC for the duration of the loan. 2. LMC may periodically renew the loan to keep current with responsible parties within City of Muskegon and Fire Department Management. Return of Loans 1. LMC will arrange for return of Loaned objects within 30 days of the End Date indicated on this Loan form. 2. Loans left unclaimed more than one year from the End Date will be considered an unrestricted gift to the Lakeshore Museum Center and will be disposed of according to LMC policies. Lenders are referred to the Michigan Disposition of Property Act and the Uniform Unclaimed Property Act as relevant statutes. 3. LMC is not required to exhibit any loaned object. If an object is not selected for exhibit LMC will arrange to return objects to Lender. Credit and Photography of Loaned Objects 1. LMC may photograph objects and the photographs may be reproduced for exhibit materials, publicity materials and relevant publications. The Lender may be identified in publications or exhibit material unless he/she requests anonymity. 2. Loaned objects may be photographed by the general public while on exhibit unless prohibited in writing by the Lender. Agenda Item Review Form Muskegon City Commission Commission Meeting Date: June 22, 2021 Title: Assessing Contract – Muskegon County Submitted By: Frank Peterson Department: City Manager Brief Summary: Approval of the Assessing Services Contract with Muskegon County. Detailed Summary: Muskegon County has been providing assessing services to the city for a number of years. The current contract expired last month. The new contract does carry a cost increase, but the costs are in line with what other communities are spending on this service. The budget approved earlier this month estimated the costs for this service at $353,308. The new cost of $413,348 represents a $60,040 increase (17%). Amount Requested: $413,348 Amount Budgeted: $353,308 Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: Amend FY 2021-22 GL Number 101-30209-5300 to $413,348 to cover the updated assessing costs, and approve the Assessing Services Agreement with Muskegon County and authorize the Mayor and City Clerk to sign. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: AGREEMENT BETWEEN THE CITY OF MUSKEGON AND MUSKEGON COUNTY BOARD OF COMMISSIONERS THIS AGREEMENT, entered into as of the 1st day of July 2021, between the City of Muskegon, a municipal corporation, by its City Commission, hereinafter referred to as “The Municipality”, and the County of Muskegon, by its Board of Commissioners, hereinafter referred to as “The County”, is as follows: PURPOSE The purpose of this Agreement is to provide for a property assessment administration program to be administered by the County Equalization Director, or designated representative, which will list, appraise, and maintain a complete set of records for all real and personal property, subject to ad valorem taxation, specific taxes, and in-lieu-of tax agreements within the Corporate limits of The Municipality pursuant to Public Act No. 160 of 1972. TERM AND TERMINATION This agreement shall commence July 1, 2021, and terminate June 30, 2026, provided that either party may terminate the Agreement on June 30 of each year upon ninety (90) days prior written notice. The notice shall be sent by certified mail to the County Equalization Director if terminated by The Municipality. The notice shall be sent by certified mail to the City Manager if terminated by the County. I. The County agrees to perform the following services and provide the materials set forth herein: A. Scope of Service - To classify and appraise, according to the constitution and laws of the State of Michigan, each parcel of real property which lies within the confines of The Municipality, and to process all assessable personal property that is in such Municipality, and use the methods prescribed by the Michigan State Tax Commission. The Equalization Department will provide an assessment roll that will equal the tentative State Equalized Values for each classification of property. The final factor will be determined by the action of The Municipality’s Board of Review and the process of state equalization as determined by the State Tax Commission. B. Qualified Staff - All County employees engaged in the performance of this Agreement shall be professional in manner and appearance and be trained in property appraisal techniques. The assessor shall be certified by the State Tax Commission, as required for The Municipality’s size and State Equalized Value. C. Equipment and Supplies - The County will provide all equipment and supplies needed for the routine performance of its duties without additional expenses, except as otherwise set forth herein. D. Maps and Records - The Municipality shall provide current land use maps, zoning maps, street/centerline maps, plats, topographical maps, sewer and water maps, and shall make available any records or data which may be of use in making the appraisal, without cost to the County. The County has implemented a GIS system in which mapping data is maintained. The GIS system is addressed in sub-point “M” of this agreement. E. Appraisal Manuals/Schedules - The current Michigan State Tax Commission Assessor’s Manuals shall be the cost schedules used in the appraisal of all properties. All cost schedules shall be indexed to reflect current costs as of Tax Day. F. Record Cards - The County will maintain the master file at a specified location. The master file shall become the property of The Municipality when delivered. G. Public Relations - Both parties recognize that good public relations are vital to the success of the assessment administration program. During the term of this Agreement, County employees shall endeavor to promote understanding and amicable relations with all members of the public. County staff will be assigned by the Equalization Director. H. Property Owner Notification and Official Statements - It shall be the responsibility of the County to notify all property owners annually of assessed and taxable values, as provided by law, whether values increase or decrease, as well as distribute personal property statements and other official forms. I. Assessment Roll - The County shall prepare the assessment roll and certify the same for The Municipality in a timely manner. J. Board of Review - County staff will advise and assist The Municipality’s Board of Review in preparing for, conducting, and implementing any changes resulting from the required meetings of the Board. K. Appeals - The County Equalization Director, or designated representative, shall represent The Municipality in all property assessment appeals and in proceedings before the Tax Tribunal concerning properties under this Agreement. The Municipality shall designate and provide the legal services for such appeals or proceedings; however, costs or expenses which may be incurred by the County in employing additional counsel, expert appraisers, or performing extraordinary specific appraisal work in connection with such appeals, proceedings, or other functions shall be paid by The Municipality provided that the Equalization Director seeks and obtains approval from The Municipality prior to incurring such costs or expenses. Additionally, should either party terminate this agreement, the County, or designated representative, shall represent The Municipality in all property assessment appeals and in proceedings filed during the existence of this agreement. 2 The fee shall be $100.00 per hour for preparation, appearance, and travel after termination of the agreement. L. Computerized Appraisals and Information Technology – The County will provide staff, equipment, and the BS&A Assessing software to maintain electronic property records using a computer assisted mass appraisal system. Assessment administration, including digital photography and sketching, as well as general business application software shall be prescribed by the County. All property information shall adhere to the requirements of the County Wide Area Network and its specifications. The records will be utilized for annual valuation updates. The County may request the assistance of designated staff of The Municipality to determine proper neighborhoods for market value determinations. The County will ensure that the assessment records reflect the property’s true cash value, assessed valuation, and taxable valuation to be utilized for any property tax calculations in conformance with applicable General Property Tax Law requirements. The computer assisted mass appraisal system and its attributes shall become the property of The Municipality upon termination of this agreement. Additionally, the County and The Municipality shall participate in an electronic building permit system that will transfer such data to the computer aided assessment administration system without modification or hesitation. The system and its attributes shall be determined by the County. M. Geographical Information Systems – The County and The Municipality may implement a geographical information system. An independent formal mutual agreement will govern this function. N. Special Assessments- Special assessment benefit analysis, roll preparation, processing, and related reports will be provided by the County when formally requested. The fee shall be $100.00 per hour. O. Records Maintenance and Access – The County agrees to maintain records with the most current information the County has available. 1. All changes in property ownership will be recorded in the assessment records within 30 days of being filed with the Muskegon County Register of Deeds unless incomplete property documentation prevents timely recording. In these cases, the Equalization Department will strive to get complete, accurate ownership information recorded as quickly as practical. 2. City staff will be afforded full access to assessment records (including photographs). P. Pursuant to Public Act 453 of 1976, neither party shall discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, weight, or 3 marital status. Breach of this covenant may be regarded as a material breach of the contract. II. The County will perform all the above services for The Municipality, subject to costs and expenses set forth, under the terms and conditions below: A. Annual Fees - For each year of this agreement the annual fee shall be calculated in the following manner: The initial period shall be from July 1, 2021, to June 30, 2022, and the fee shall be $413,348. The base Annual Fee of $413,348 shall be subject to a 2 percent (2%) increase effective July 1, 2022, and annually on this date for every year thereafter. This annual fee does not include the cost associated with a full re-inspection. A re-inspection fee can be negotiated between the County Equalization Director and if staff field reviews determine this to be necessary. Additionally, this re- inspection may be required by the State following an Audit of Minimum Assessing Requirements (AMAR). B. Payments - The Municipality shall remit the annual fee in equal quarterly payments commencing July 1 of each year of this agreement. C. Relationship of the Parties – The parties acknowledge that the agreement between the County and The Municipality is one of an independent contractor. Neither of the parties should represent that an employment relationship is created or exists with regard to the employees of the other. This independent contractor relationship shall be given its full scope and intent including without limitation as it pertains to liability, wages, benefits, and taxation. III. Miscellaneous A. Section Headings – The headings of the sections shall be solely for convenience of reference and shall not affect the meaning, construction, or effect hereof. B. Severability – If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal, or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. C. Entire Agreement and Amendment – In conjunction with matters considered herein, this Agreement contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties, or undertakings by any of the parties, either oral or written, of any character or nature hereafter binding except as set forth herein. This Agreement may be altered, amended, or modified only by an instrument in writing, executed by the 4 parties to this Agreement, and by no other means. Each party waives their future right to claim, contest, or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreements, course of conduct, waiver, or estoppel. D. Successors and Assigns – All representations, covenants and warranties set forth in this Agreement by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, it successors and assigns. E. Terms and Conditions – The terms and conditions used in this Agreement shall be given their common and ordinary definition and will not be construed against either party. F. Execution of Counterparts – This Agreement may be executed in any number of counterparts and each such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed, shall together constitute one and the same instrument. 5 ACKNOWLEDGEMENTS City of Muskegon: By: Stephen Gawron Its: Mayor By: Ann Marie Meisch Its: City Clerk Approved as to Form: ____________________________________ John C. Schrier, City Attorney County of Muskegon: By: ________________________________ Robert Scolnik Its: Chairman Board of Commissioners By: ________________________________ Nancy A. Waters Its: County Clerk Approved as to Form: ____________________________________ Michael D. Homier, Corporate Counsel 6 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: June 22, 2021 Title: 4th Quarter Budget Reforecast Submitted By: Ken Grant Department: Finance Brief Summary: At this time staff is asking for approval of the 4th Quarter Budget Reforecast for the FY2020-21 budget year. Detailed Summary: Staff has prepared the 4th Quarter Budget Reforecast a memo outlining some of the highlights is attached. Amount Requested: n/a Amount Budgeted: n/a Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To approve the 4th Quarter FY2020-21 Budget Reforecast as presented. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: Memo To: City Commissioners From: Finance Director Date: 6/16/2021 Re: FY2020-21 4th Quarter Budget Reforecast Highlights of 4th Quarter Budget Reforecast: General Fund Income Tax collections have been better than projected for the 4th Quarter. The Income Tax Revenue has been adjusted up to $8,650,000. Income tax revenue projections were originally budgeted for $7,750,000 this year. We expected a drastic decrease in revenue due to the pandemic. Despite the 4th Quarter adjustment, Income Tax Revenue will be down approximately $500,000 from the previous fiscal year. Income Tax Penalty & Interest revenue has been adjusted up another $20,000 based on collections thru mid-June. The Contributions Department budget has been increased by $152,490. Last month the Commission approved a $100,000 contribution towards the YMCA Child Care Services. We are requesting a $25,000 contribution towards the DEI Taskforce and a $25,000 contribution towards the Hubert Massey Mural for the fourth quarter. Debt Service expenses have been increased to reflect the interest paid to our 2020 Capital Improvement Bonds. The transfer to the Mercy Health Arena Fund has been increased from $650,000 to $700,000 to reflect additional costs. Mercy Health Arena Fund. Mercy Health will receive an additional $50,000 transfer from the General Fund. For Expenditures $30,000 will go to Contractual Services and $20,000 will go to supplies. Page 1 BUDGET REPORT FOR CITY OF MUSKEGON GENERAL FUND FY2021-22 BUDGET GL NUMBER 2018-19 2019-20 2020-21 2020-21 JUNE 30, 2020 JUNE 30, 2021 2020-21 AND ACTIVITY ACTIVITY ORIGINAL AMENDED ACTUAL ACTUAL 4th QUARTER BUDGET CLASSIFICATION DESCRIPTION BUDGET BUDGET EXPENSES EXPENSE REFORECAST ESTIMATED REVENUES Dept 00000 101-00000-4100 PROPERTY TAX 5,264,060 5,460,339 5,668,983 5,660,071 5,460,339 5,056,874 5,660,071 101-00000-4102 IN LIEU OF TAX 133,642 132,023 84,587 84,587 132,023 - 84,587 101-00000-4103 IFT/CFT TAX 106,297 128,212 76,468 76,468 128,212 200,546 76,468 101-00000-4104 PROPERTY TAX SANITATION 1,564,050 1,618,369 1,686,077 1,678,946 1,618,369 1,505,689 1,678,946 101-00000-4140 INCOME TAX 8,691,673 9,137,714 7,750,000 7,750,000 9,137,714 9,002,587 8,650,000 101-00000-4161 SPECIAL ASSESSMENTS 340,016 294,908 211,000 211,000 294,908 234,366 211,000 101-00000-4202 BUSINESS LICENSES & PERMITS 52,345 42,520 75,000 42,000 42,520 41,485 42,000 101-00000-4203 LIQUOR LICENSES & TAX REBATE 49,877 46,412 45,000 45,000 46,412 44,223 45,000 101-00000-4204 CABLE TV LICENSES OR FEES 380,343 361,405 370,000 370,000 361,405 280,574 370,000 101-00000-4205 HOUSING LICENSES (840) - - - - (325) - 101-00000-4206 INSPECTION FEE - 1,759 - - 1,759 (794) - 101-00000-4207 CEMETERY-BURIAL PERMITS 68,275 76,615 80,000 80,000 76,615 69,885 80,000 101-00000-4208 BUILDING PERMITS 933,745 911,057 1,100,000 705,000 911,057 659,709 705,000 101-00000-4209 ELECTRICAL PERMITS 169,690 172,531 196,000 196,000 172,531 186,065 196,000 101-00000-4210 PLUMBING PERMITS 102,101 103,139 95,000 95,000 103,139 94,841 95,000 101-00000-4211 HEATING PERMITS 137,826 144,730 143,500 143,500 144,730 130,875 143,500 101-00000-4213 RENTAL PROPERTY REGISTRATION 350,760 335,448 381,000 350,000 335,448 346,395 350,000 101-00000-4215 CNS INSPECTIONS 735 350 350 - 101-00000-4217 SHORT TERM RENTALS - 4,390 9,000 3,000 4,390 21,010 3,000 101-00000-4221 VACANT BUILDING FEE 72,665 60,570 40,000 3,500 60,570 6,100 3,500 101-00000-4224 TEMPORARY LIQUOR LICENSE 5,590 3,145 5,000 5,000 3,145 980 5,000 101-00000-4230 MARIHUANA FACILITIES LICENSE 115,700 143,300 90,000 100,000 143,300 177,000 100,000 101-00000-4300 FEDERAL GRANTS 57,894 147,191 40,000 1,646,586 147,191 1,606,542 1,646,586 101-00000-4400 STATE GRANTS 31,675 16,174 26,000 116,004 16,174 131,223 116,004 101-00000-4405 STATE REPLACEMENT REV FOR PPT 831,164 897,416 750,000 825,000 897,416 902,501 825,000 101-00000-4502 STATE SALES TAX CONSTITUTIONAL 2,844,903 3,336,275 2,929,011 3,146,075 3,336,275 2,326,138 3,146,075 101-00000-4503 STATE CVTRS/EVIP PAYMENTS 1,426,535 781,660 1,201,807 1,201,807 781,660 781,660 1,201,807 101-00000-4601 CITY SERVICE FOR ENTERPRISE FUNDS 482,292 482,292 482,290 482,290 482,292 442,101 482,290 101-00000-4603 TAX COLLECTION FEE 340,217 350,742 327,000 327,000 350,742 328,629 327,000 101-00000-4604 GARBAGE COLLECTION 49,671 49,763 41,000 49,000 49,763 28,638 49,000 101-00000-4606 ADMINISTRATION FEES 310,000 310,000 310,000 310,000 310,000 284,167 310,000 101-00000-4607 REIMBURSEMENT ELECTIONS 13,455 50,142 - - 50,142 75 - 101-00000-4608 INDIRECT COST ALLOCATION 1,114,735 1,066,967 1,302,797 1,302,797 1,066,967 1,172,041 1,302,797 101-00000-4609 PROCUREMENT CARD REBATE 50,381 57,361 48,000 48,000 57,361 63,880 48,000 101-00000-4611 SPECIAL EVENTS REIMBURSEMENT 26,505 61,625 15,000 - 61,625 (37,804) - 101-00000-4612 CEMETERY SALE OF LOTS 30,259 28,440 25,000 30,000 28,440 41,030 30,000 101-00000-4613 HARBOR TOWN DOCKOMINIUMS - - - - 101-00000-4614 REIMBURSEMENT LOT CLEAN UP 461 - 2,000 2,000 - - 2,000 101-00000-4615 POLICE DEPARTMENT INCOME 113,244 98,926 105,500 105,500 98,926 101,770 105,500 101-00000-4617 FIRE DEPARTMENT INCOME 3,006 811 3,500 6,500 811 5,822 6,500 101-00000-4619 MISC. SALES AND SERVICES 17,436 21,286 22,000 22,000 21,286 7,761 22,000 101-00000-4620 FIRE PROTECTION-STATE PROP 81,766 173,718 173,718 119,574 173,718 119,574 119,574 101-00000-4621 ZONING & ENCROACHMENT FEES 13,970 12,155 15,000 18,000 12,155 16,380 18,000 101-00000-4622 MISC. CLERK FEES 5,432 1,329 5,000 750 1,329 1,382 750 101-00000-4623 TOWNSHIP ELECCTRICAL INSPECTIONS - - - 101-00000-4624 TAX ABATEMENT APPLICATION FEES 3,802 8,890 6,000 1,000 8,890 1,435 1,000 101-00000-4625 MISC. TREAS. FEES 69,964 49,722 55,000 12,000 49,722 16,075 12,000 101-00000-4631 REIMBURSEMENT SCHOOL OFFICER 22,802 16,962 23,500 23,500 16,962 21,503 23,500 101-00000-4633 OBSOLETE PROPERTY FEES 4,000 2,000 - - 2,000 - - 101-00000-4634 PASSPORTS 82,662 63,520 40,000 2,000 63,520 4,200 2,000 101-00000-4635 START UP CHARGE/REFUSE 6,771 6,327 7,000 8,000 6,327 10,069 8,000 101-00000-4636 REFUSE BAG & BULK SALES 33,516 23,497 30,000 30,000 23,497 32,908 30,000 101-00000-4637 APPLIANCE STICKER 75 75 100 100 75 29 100 101-00000-4638 MISC. SALES CHARGE/REFUSE 159,010 257,044 318,000 318,000 257,044 302,252 318,000 101-00000-4642 LIEN LOOK UPS 14,325 17,455 12,000 12,000 17,455 16,400 12,000 101-00000-4643 SOCCER 200 - - - - - 101-00000-4644 DOWNTOWN PARKING - 1,650 - 50 1,650 800 50 101-00000-4648 FALSE ALARM FEES/POLICE 10,365 6,780 7,000 7,000 6,780 5,625 7,000 101-00000-4649 CEMETERY-MISC. INCOME 14,547 16,383 16,000 25,000 16,383 33,214 25,000 101-00000-4650 DOWNTOWN SOCIAL DISTRICT - - - 4,231 - 5,681 4,231 101-00000-4651 REIMBURSEMENT LOT MOWING 1,067 124 5,000 5,000 124 - 5,000 101-00000-4652 MUSK HEIGHTS ZONING 10,465 5,670 11,000 9,000 5,670 6,055 9,000 101-00000-4654 FIRE RESPONSE FEE 11,500 870 6,000 6,000 870 7,480 6,000 101-00000-4655 PAID BEACH PARKING 146,821 200,000 500,000 146,821 423,273 500,000 101-00000-4656 SITE PLAN REVIEW 6,900 7,600 6,500 6,000 7,600 8,700 6,000 101-00000-4657 COLUMBARIUM NICHE 900 - - 900 - 900 900 101-00000-4658 IMPOUND FEES 39,470 38,293 37,000 40,000 38,293 43,392 40,000 101-00000-4659 CODE ENFORCEMENT LABOR 30,323 25,990 30,000 30,000 25,990 24,504 30,000 101-00000-4660 MISC RECREATION INCOME 10,829 6,984 4,500 13,500 6,984 13,350 13,500 101-00000-4661 LEASE GREAT LAKES NAVAL MEMORIAL - - 15,000 - - - - 101-00000-4665 LEASE BILLBOARDS 6,800 6,800 6,800 6,800 6,800 2,000 6,800 101-00000-4666 SNOW PLOWING -DOWNTOWN BID 68,500 48,500 68,750 68,750 48,500 24,050 68,750 101-00000-4669 SMITH RYERSON 13,643 5,302 12,000 6,000 5,302 9,818 6,000 101-00000-4670 PICNIC SHELTER 19,322 4,877 22,000 10,000 4,877 11,543 10,000 101-00000-4671 MCGRAFT PARK 96,084 44,637 97,000 55,000 44,637 46,448 55,000 101-00000-4672 SAFEBUILT LOT MOWING 5,108 1,685 5,000 6,000 1,685 5,536 6,000 101-00000-4673 RENTAL - CENTRAL DISPATCH 45,292 56,772 54,000 96,319 56,772 92,481 96,319 101-00000-4674 RENTAL - CITY HALL 15,000 24,783 15,000 15,000 24,783 29,060 15,000 101-00000-4676 SAFEBUILT - TRASH PICKUP 3,938 2,702 2,500 4,000 2,702 3,799 4,000 101-00000-4677 RENT - - 6,000 - - - - 101-00000-4678 PLANNING DEPT ENFORCEMENT 100 - 1,000 - - - - 101-00000-4679 CODE ENFORCEMENT ADMIN 26,191 27,179 30,000 30,000 27,179 22,571 30,000 101-00000-4690 KITCHEN 242 RENTAL - 400 - - 400 - - 101-00000-4701 INCOME TAX-PENALTY & INTEREST 207,424 201,614 200,000 260,000 201,614 277,358 280,000 101-00000-4702 DELINQUENT FEES 16,790 18,123 20,000 20,000 18,123 14,613 20,000 101-00000-4704 PENALTIES/INTEREST/FINES 7,681 7,991 5,000 11,000 7,991 11,264 11,000 101-00000-4706 LATE FEE ON INVOICES OVER 45 DAYS 3,835 3,015 6,000 6,000 3,015 4,090 6,000 101-00000-4708 LATE FEE ON RENTAL REGISTRATION 13,995 13,233 7,500 7,500 13,233 13,930 7,500 101-00000-4751 CIVIL INFRACTIONS 30,776 21,978 15,000 15,000 21,978 16,267 15,000 101-00000-4754 TRAFFIC FINES & FEES 57,782 76,543 55,000 140,000 76,543 144,618 140,000 101-00000-4755 COURT FEES 137,732 83,061 120,000 90,000 83,061 85,289 90,000 101-00000-4758 CRITICAL DUNE FEES 1,100 15,700 - 3,000 15,700 3,700 3,000 BUDGET REPORT FOR CITY OF MUSKEGON GENERAL FUND FY2021-22 BUDGET GL NUMBER 2018-19 2019-20 2020-21 2020-21 JUNE 30, 2020 JUNE 30, 2021 2020-21 AND ACTIVITY ACTIVITY ORIGINAL AMENDED ACTUAL ACTUAL 4th QUARTER BUDGET CLASSIFICATION DESCRIPTION BUDGET BUDGET EXPENSES EXPENSE REFORECAST 101-00000-4800 MISC. & SUNDRY 26,751 6,284 12,000 12,000 6,284 8,095 12,000 101-00000-4802 REIMB:DEMOS AND BOARD-UPS 79,956 6,941 45,000 45,000 6,941 10,997 45,000 101-00000-4803 CDBG PROGRAM REIMBURSEMENTS 252,901 475,892 503,967 416,984 475,892 - 416,984 101-00000-4805 CONTRIBUTIONS 2,046 4,075 20,000 8,000 4,075 43,203 8,000 101-00000-4806 BIKE/PROPERTY AUCTIONS-POLICE - 28,818 1,000 1,000 28,818 385 1,000 101-00000-4811 FISHERMANS LANDING REIMBURSEMENT - 24,842 17,500 17,500 24,842 23,706 17,500 101-00000-4814 PROMOTIONAL PRODUCTS 3,856 219 14,500 1,000 219 10 1,000 101-00000-4816 MARIHUANA STREETSCAPING DONATIONS 57,000 58,225 57,000 101-00000-4818 RECOVERY OF BAD DEBT 5,829 4,555 1,000 2,500 4,555 2,997 2,500 101-00000-4820 LOCAL MARIHUANA SOCIAL EQUITY DONATIONS 2,500 1,250 2,500 101-00000-4821 CONTRIBUTIONS/GRANTS - 17,327 - 433,580 17,327 433,580 433,580 101-00000-4823 CONTRIBUTIONS - DISC GOLF COURSE IMPROVE - 825 - 2,300 825 2,300 2,300 101-00000-4825 CONTRIBUTIONS - VETERAN'S PARK MAINT - 16,811 18,500 18,500 16,811 12,904 18,500 101-00000-4828 DONATION - POLICE DEPT 3,420 - - - - - 101-00000-4829 COMMUNITY FOUNDATION GRANT - MCGRAFT PAR 9,892 9,982 10,000 10,000 9,982 10,144 10,000 101-00000-4841 GRANT: COMMUNITY FOUNDATION 15,000 - - 25,534 - - 25,534 101-00000-4902 OP. TRANS FROM SPECIAL REVENUE 162,000 180,000 175,000 200,000 180,000 - 200,000 101-00000-4903 OP. TRANS FROM DEBT SERVICE 40,000 40,000 50,000 50,000 40,000 45,833 50,000 101-00000-4904 OP. TRANS FROM CAPITAL PROJECTS 5,989 - - 225,000 - 225,000 101-00000-4961 BOND PROCEEDS - - - 5,983,399 - 7,068,674 5,983,399 101-00000-4970 INTEREST INCOME 108,155 153,092 100,000 100,000 153,092 93,074 100,000 101-00000-4971 GAIN ON INVESTMENT 344,122 193,005 - (100,000) 193,005 (94,621) (100,000) 101-00000-4980 SALE OF FIXED ASSETS - - - - - - Totals for dept 00000 - 28,754,049 29,653,430 28,477,855 36,773,402 29,653,430 35,898,628 37,693,402 TOTAL ESTIMATED REVENUES 28,754,049 29,653,430 28,477,855 36,773,402 29,653,430 35,898,628 37,693,402 EXPENDITURES Dept 10101 - CITY COMMISSION 5100 SALARIES & BENEFITS 72,017 76,738 77,042 77,000 76,738 72,670 77,000 5200 SUPPLIES 434 9,539 600 150 9,539 9,671 10,000 5300 CONTRACTUAL SERVICES 7,216 416 1,000 500 416 1,366 1,500 5400 OTHER EXPENSES 3,561 3,580 4,000 5,500 3,580 4,947 5,500 5700 CAPITAL OUTLAYS 5,665 3,626 3,000 600 3,626 648 600 Totals for dept 10101 - CITY COMMISSION 88,892 93,898 85,642 83,750 93,898 89,302 94,600 Dept 10102 - CITY PROMOTIONS & PUBLIC RELATIONS 5200 SUPPLIES 9,113 8,393 8,000 8,000 8,393 6,808 8,000 5300 CONTRACTUAL SERVICES 72,473 83,916 50,000 50,000 83,916 48,213 50,000 5400 OTHER EXPENSES 304 100 - - 100 55 - Totals for dept 10102 - CITY PROMOTIONS & PUBLIC RELATIONS 81,890 92,409 58,000 58,000 92,409 55,076 58,000 Dept 10145 - CITY ATTORNEY 5200 SUPPLIES - 945 - - 945 959 - 5300 CONTRACTUAL SERVICES 345,538 372,974 380,000 380,000 372,974 366,194 380,000 Totals for dept 10145 - CITY ATTORNEY 345,538 373,919 380,000 380,000 373,919 367,153 380,000 Dept 10172 - CITY MANAGER 5100 SALARIES & BENEFITS 353,450 402,026 412,310 400,000 402,026 377,847 400,000 5200 SUPPLIES 4,452 5,256 4,500 4,500 5,256 4,921 5,500 5300 CONTRACTUAL SERVICES 16,336 13,455 15,000 15,000 13,455 10,259 13,500 5400 OTHER EXPENSES 5,581 8,952 9,000 5,000 8,952 5,147 6,000 5700 CAPITAL OUTLAYS - 2,850 1,200 2,600 2,850 2,620 2,800 Totals for dept 10172 - CITY MANAGER 379,819 432,538 442,010 427,100 432,538 400,793 427,800 Dept 10875 - CONTRIBUTIONS 5100 SALARIES & BENEFITS - 84,897 - - 84,897 - - 5300 CONTRACTUAL SERVICES 384,968 301,882 425,363 415,510 301,882 442,923 568,000 5400 OTHER EXPENSES - - - - - - - Totals for dept 10875 - CONTRIBUTIONS 384,968 386,779 425,363 415,510 386,779 442,923 568,000 Dept 10891 - CONTINGENCY 5400 OTHER EXPENSES (10,326) 31,272 100,000 100,000 31,272 - 100,000 Totals for dept 10891 - CONTINGENCY (10,326) 31,272 100,000 100,000 31,272 - 100,000 Dept 20215 - CITY CLERK 5100 SALARIES & BENEFITS 437,884 513,996 532,396 508,500 513,996 469,142 508,500 5200 SUPPLIES 46,571 70,665 55,410 52,000 70,665 47,215 52,000 5300 CONTRACTUAL SERVICES 45,716 30,395 22,321 20,000 30,395 9,068 20,000 5400 OTHER EXPENSES 6,638 3,401 10,175 3,500 3,401 2,396 3,500 5700 CAPITAL OUTLAYS 5,439 3,282 2,500 1,500 3,282 1,021 1,500 Totals for dept 20215 - CITY CLERK 542,248 621,739 622,802 585,500 621,739 528,842 585,500 Dept 20220 - EMPLOYEE RELATIONS (formerly CIVIL SERVICE) 5100 SALARIES & BENEFITS 58,350 78,045 83,437 77,600 78,045 72,345 77,600 5200 SUPPLIES 2,253 366 1,000 500 366 313 500 5300 CONTRACTUAL SERVICES 118,895 133,652 130,000 150,000 133,652 123,033 150,000 5400 OTHER EXPENSES 15,778 10,582 10,000 6,000 10,582 5,531 6,000 5700 CAPITAL OUTLAYS - - - 2,000 - - 2,000 Totals for dept 20220 - EMPLOYEE RELATIONS 195,275 222,645 224,437 236,100 222,645 201,221 236,100 Dept 20228 - AFFIRMATIVE ACTION 5100 SALARIES & BENEFITS - - - - - - 5200 SUPPLIES - - - - - - 5300 CONTRACTUAL SERVICES - - - - - - 5400 OTHER EXPENSES 1,750 22 - - 22 - 5700 CAPITAL OUTLAYS 28 - - - - - Totals for dept 20228 - AFFIRMATIVE ACTION 1,778 22 - - 22 - - Dept 30202 - FINANCE ADMINSTRATION 5100 SALARIES & BENEFITS 471,394 497,850 554,541 519,000 497,850 466,557 519,000 5200 SUPPLIES 2,570 7,033 4,000 3,000 7,033 2,589 3,000 5300 CONTRACTUAL SERVICES 95,770 77,157 76,294 95,000 77,157 105,952 120,000 5400 OTHER EXPENSES 930 121 706 - 121 8 - 5700 CAPITAL OUTLAYS 141 5,601 5,000 5,000 5,601 5,177 5,000 Totals for dept 30202 - FINANCE ADMINSTRATION 570,805 587,761 640,541 622,000 587,761 580,283 647,000 BUDGET REPORT FOR CITY OF MUSKEGON GENERAL FUND FY2021-22 BUDGET GL NUMBER 2018-19 2019-20 2020-21 2020-21 JUNE 30, 2020 JUNE 30, 2021 2020-21 AND ACTIVITY ACTIVITY ORIGINAL AMENDED ACTUAL ACTUAL 4th QUARTER BUDGET CLASSIFICATION DESCRIPTION BUDGET BUDGET EXPENSES EXPENSE REFORECAST Dept 30203 - PENSION ADMINISTRATION 5100 SALARIES & BENEFITS 2,267,000 - 2,009,896 2,267,000 Totals for dept 30203 - PENSION ADMINISTRATION - - - 2,267,000 - 2,009,896 2,267,000 Dept 30205 - INCOME TAX 5100 SALARIES & BENEFITS 262,850 243,103 289,720 273,837 243,103 250,829 273,837 5200 SUPPLIES 11,650 14,160 13,500 14,000 14,160 13,852 14,000 5300 CONTRACTUAL SERVICES 84,372 103,250 91,000 95,000 103,250 104,848 120,000 5400 OTHER EXPENSES 512 513 1,000 1,000 513 45 1,000 5700 CAPITAL OUTLAYS 3,210 2,948 5,000 5,000 2,948 4,308 5,000 Totals for dept 30205 - INCOME TAX 362,595 363,974 400,220 388,837 363,974 373,882 413,837 Dept 30209 - CITY ASSESSOR 5100 SALARIES & BENEFITS 1,988 2,520 4,000 4,000 2,520 1,069 4,000 5200 SUPPLIES - 226 - - 226 39 - 5300 CONTRACTUAL SERVICES 333,771 255,412 345,000 345,000 255,412 347,646 345,000 5400 OTHER EXPENSES 219 80 - - 80 - - Totals for dept 30209 - CITY ASSESSOR 335,977 258,238 349,000 349,000 258,238 348,753 349,000 Dept 30248 - INFORMATION SYSTEMS ADMINISTRATION 5100 SALARIES & BENEFITS 376,186 422,268 423,926 431,963 422,268 399,156 431,963 5200 SUPPLIES 133 1,248 1,000 1,000 1,248 906 1,000 5300 CONTRACTUAL SERVICES 32,422 44,128 34,000 34,000 44,128 40,852 44,000 5400 OTHER EXPENSES 2,789 868 12,000 1,000 868 860 1,000 5700 CAPITAL OUTLAYS 138,987 67,441 60,000 60,000 67,441 34,663 50,000 Totals for dept 30248 - INFORMATION SYSTEMS ADMINISTRATION 550,516 535,954 530,926 527,963 535,954 476,437 527,963 Dept 30253 - CITY TREASURER 5100 SALARIES & BENEFITS 391,308 417,573 441,223 441,377 417,573 380,854 441,377 5200 SUPPLIES 71,090 69,755 80,000 80,000 69,755 65,201 80,000 5300 CONTRACTUAL SERVICES 97,390 99,666 100,000 110,000 99,666 110,861 111,000 5400 OTHER EXPENSES 1,326 550 2,000 2,000 550 893 2,000 5700 CAPITAL OUTLAYS 348 1,634 2,600 3,000 1,634 2,864 3,000 Totals for dept 30253 - CITY TREASURER 561,463 589,178 625,823 636,377 589,178 560,673 637,377 Dept 30805 - L C WALKER ADMINISTRATION 5300 CONTRACTUAL SERVICES 13,510 23,654 - - 23,654 13,386 5700 CAPITAL OUTLAYS - - - - - - 5900 OTHER FINANCING USES - - - - - - Totals for dept 30805 - L C WALKER ADMINISTRATION 13,510 23,654 - - 23,654 13,386 - Dept 30851 - INSURANCE SERVICES 5300 CONTRACTUAL SERVICES 292,037 340,189 360,000 363,180 340,189 363,180 363,180 Totals for dept 30851 - INSURANCE SERVICES 292,037 340,189 360,000 363,180 340,189 363,180 363,180 Dept 30906 - DEBT SERVICE 5300 CONTRACTUAL SERVICES 750 750 - - 750 750 - 5900 OTHER FINANCING USES 230,101 450,061 445,100 445,100 450,061 541,914 545,000 Totals for dept 30906 - DEBT SERVICE 230,851 450,811 445,100 445,100 450,811 542,664 545,000 Dept 30999 - TRANSFERS TO OTHER FUNDS 5900 OTHER FINANCING USES 1,121,486 1,492,500 740,000 1,505,000 1,492,500 408,008 1,555,000 Totals for dept 30999 - TRANSFERS TO OTHER FUNDS 1,121,486 1,492,500 740,000 1,505,000 1,492,500 408,008 1,555,000 Dept 40301 - POLICE DEPARTMENT 5100 SALARIES & BENEFITS 8,773,682 9,234,308 9,612,485 8,493,263 9,234,308 8,012,542 8,493,263 5200 SUPPLIES 87,822 122,765 95,000 140,000 122,765 141,540 145,000 5300 CONTRACTUAL SERVICES 956,037 988,267 1,001,205 1,001,205 988,267 1,002,180 1,003,000 5400 OTHER EXPENSES 37,764 19,583 24,000 20,000 19,583 11,074 20,000 5700 CAPITAL OUTLAYS 10,501 80,737 34,000 34,000 80,737 28,171 34,000 Totals for dept 40301 - POLICE DEPARTMENT 9,865,805 10,445,659 10,766,690 9,688,468 10,445,659 9,195,506 9,695,263 Dept 40333 - POLICE DRUG FORFEITURES 101-40333-5350 POLICE INVESTIGATIONS - - - - - - Totals for dept 40333 - POLICE DRUG FORFEITURES - - - - - - - Dept 50336 - FIRE DEPARTMENT 5100 SALARIES & BENEFITS 3,516,367 3,805,443 2,862,645 2,600,500 3,805,443 2,199,066 2,600,500 5200 SUPPLIES 220,595 277,979 164,200 168,000 277,979 171,141 175,000 5300 CONTRACTUAL SERVICES 141,520 133,856 205,715 205,715 133,856 118,235 205,715 5400 OTHER EXPENSES 15,264 5,599 22,400 22,400 5,599 10,229 22,400 5700 CAPITAL OUTLAYS 22,039 63,472 30,800 120,000 63,472 111,479 120,000 Totals for dept 50336 - FIRE DEPARTMENT 3,915,785 4,286,349 3,285,760 3,116,615 4,286,349 2,610,150 3,123,615 Dept 50338 - NEW CENTRAL FIRE STATION 5200 SUPPLIES - - - - - 3,267 - 5300 CONTRACTUAL SERVICES 73,263 67,524 75,000 75,000 67,524 59,250 75,000 5700 CAPITAL OUTLAYS - - - - - Totals for dept 50338 - NEW CENTRAL FIRE STATION 73,263 67,524 75,000 75,000 67,524 62,517 75,000 Dept 50387 - BUILDING CODE INSPECTIONS AND ENFORCEMENT 5100 SALARIES & BENEFITS 167,963 168,764 178,210 163,815 168,764 147,180 163,815 5200 SUPPLIES 14,874 19,137 20,000 20,000 19,137 9,546 20,000 5300 CONTRACTUAL SERVICES 2,041,765 1,808,797 2,151,050 1,800,000 1,808,797 1,429,399 1,800,000 5400 OTHER EXPENSES 145 22 100 100 22 - 100 5700 CAPITAL OUTLAYS - - - - - - Totals for dept 50387 - CODE INSPECTIONS AND ENFORCEMENT 2,224,747 1,996,720 2,349,360 1,983,915 1,996,720 1,586,124 1,983,915 Dept 60265 - CITY HALL MAINTENANCE 5100 SALARIES & BENEFITS 50,431 79,304 78,652 80,000 79,304 74,740 80,000 5200 SUPPLIES 18,705 26,582 29,700 29,700 26,582 16,704 29,700 5300 CONTRACTUAL SERVICES 187,145 157,936 165,550 165,550 157,936 147,983 165,550 5400 OTHER EXPENSES - 142 500 500 142 - 500 5700 CAPITAL OUTLAYS 60,587 45,424 21,000 40,000 45,424 28,875 40,000 Totals for dept 60265 - CITY HALL MAINTENANCE 316,868 309,388 295,402 315,750 309,388 268,302 315,750 Dept 60446 - HIGHWAY NONCHARGEABLE BUDGET REPORT FOR CITY OF MUSKEGON GENERAL FUND FY2021-22 BUDGET GL NUMBER 2018-19 2019-20 2020-21 2020-21 JUNE 30, 2020 JUNE 30, 2021 2020-21 AND ACTIVITY ACTIVITY ORIGINAL AMENDED ACTUAL ACTUAL 4th QUARTER BUDGET CLASSIFICATION DESCRIPTION BUDGET BUDGET EXPENSES EXPENSE REFORECAST 5100 SALARIES & BENEFITS 35,053 25,321 37,939 37,542 25,321 28,506 37,542 5200 SUPPLIES 13,422 15,599 8,600 10,100 15,599 7,300 10,100 5300 CONTRACTUAL SERVICES 24,741 40,129 45,000 38,000 40,129 44,574 50,000 Totals for dept 60446 - HIGHWAY NONCHARGEABLE 73,216 81,049 91,539 85,642 81,049 80,380 97,642 Dept 60448 - STREET LIGHTING 5200 SUPPLIES - - - - - 5300 CONTRACTUAL SERVICES 551,818 390,116 350,000 350,000 390,116 327,263 350,000 Totals for dept 60448 - STREET LIGHTING 551,818 390,116 350,000 350,000 390,116 327,263 350,000 Dept 60523 - SANITATION 5100 SALARIES & BENEFITS 43,718 43,066 37,799 37,262 43,066 31,512 37,262 5200 SUPPLIES 307 - - - - - 5300 CONTRACTUAL SERVICES 2,063,521 2,172,962 2,230,000 2,230,000 2,172,962 1,758,831 2,230,000 Totals for dept 60523 - SANITATION 2,107,545 2,216,029 2,267,799 2,267,262 2,216,029 1,790,343 2,267,262 Dept 60550 - STORM WATER MANAGEMENT 5300 CONTRACTUAL SERVICES 4,000 13,340 14,000 14,000 13,340 4,000 14,000 5400 OTHER EXPENSES - - - - Totals for dept 60550 - STORM WATER MANAGEMENT 4,000 13,340 14,000 14,000 13,340 4,000 14,000 Dept 60707 - SENIOR CITIZEN TRANSIT 5100 SALARIES & BENEFITS - - - - - - Totals for dept 60707 - SENIOR CITIZEN TRANSIT - - - - - - - Dept 70276 - CEMETERIES 5100 SALARIES & BENEFITS 85,902 127,486 192,964 164,000 127,486 141,094 164,000 5200 SUPPLIES 9,999 11,603 11,550 14,050 11,603 11,657 14,050 5300 CONTRACTUAL SERVICES 323,226 248,546 274,883 274,883 248,546 129,119 274,883 5400 OTHER EXPENSES 229 481 500 500 481 298 500 5700 CAPITAL OUTLAYS 20,775 41,751 19,000 19,000 41,751 19,121 20,000 Totals for dept 70276 - CEMETERIES 440,130 429,867 498,897 472,433 429,867 301,289 473,433 Dept 70357 - GRAFFITI REMOVAL 5100 SALARIES & BENEFITS - - - - - - - 5200 SUPPLIES - - - - - - - 5300 CONTRACTUAL SERVICES - - - - - - - Totals for dept 70357 - GRAFFITI REMOVAL - - - - - - - Dept 70585 - PARKING OPERATIONS 5100 SALARIES & BENEFITS - 12,141 - 10,000 12,141 12,866 14,000 5200 SUPPLIES - 244 - 200 244 236 200 5300 CONTRACTUAL SERVICES 2,393 17,532 - 72,000 17,532 66,464 72,000 5700 CAPITAL OUTLAYS - 606 - 606 17 Totals for dept 70585 - PARKING OPERATIONS 2,393 30,524 - 82,200 30,524 79,583 86,200 Dept 70628 - SOCIAL DISTRICT 5100 SALARIES & BENEFITS - - - - - - - 5200 SUPPLIES - - - - - - - 5300 CONTRACTUAL SERVICES - - - - - 639 - 5700 CAPITAL OUTLAYS - - - - - - - Totals for dept 70628 - SOCIAL DISTRICT - - - - - 639 - Dept 70751 - PARKS MAINTENANCE 5100 SALARIES & BENEFITS 606,774 723,674 712,937 640,500 723,674 625,437 640,500 5200 SUPPLIES 161,874 139,958 162,515 154,841 139,958 119,734 154,841 5300 CONTRACTUAL SERVICES 866,264 859,656 867,148 915,063 859,656 642,848 915,063 5400 OTHER EXPENSES 672 1,192 1,400 1,000 1,192 364 1,000 5700 CAPITAL OUTLAYS 40,639 148,963 88,600 88,600 148,963 29,008 88,600 Totals for dept 70751 - PARKS MAINTENANCE 1,676,222 1,873,443 1,832,600 1,800,004 1,873,443 1,417,392 1,800,004 Dept 70757 - MC GRAFT PARK 5100 SALARIES & BENEFITS 52,478 3,599 23,075 23,075 3,599 26,193 28,000 5200 SUPPLIES 8,821 131 2,900 5,000 131 6,735 7,500 5300 CONTRACTUAL SERVICES 72,274 14,558 47,000 44,600 14,558 36,436 44,600 5700 CAPITAL OUTLAYS - - 50,000 50,000 - 38,266 50,000 Totals for dept 70757 - MC GRAFT PARK 133,573 18,288 122,975 122,675 18,288 107,630 130,100 Dept 70771 - FORESTRY 5200 SUPPLIES - - - - - 616 - 5200 SUPPLIES 92 656 - 5,000 656 536 1,000 5300 CONTRACTUAL SERVICES - - - 50,000 - 54,975 60,000 Totals for dept 70771 - FORESTRY 92 656 - 55,000 656 56,127 61,000 Dept 70775 - GENERAL RECREATION 5200 SUPPLIES - - - - - - 5300 CONTRACTUAL SERVICES 12,050 1,928 - - 1,928 (39) Totals for dept 70775 - GENERAL RECREATION 12,050 1,928 - - 1,928 (39) - Dept 70805 - MERCY ARENA 5200 SUPPLIES - - - - 5300 CONTRACTUAL SERVICES - 396 - - 396 (2,588) 5700 CAPITAL OUTLAYS - - - - Totals for dept 70805 - MERCY ARENA - 396 - - 396 (2,588) - Dept 70863 -FAMERS & FLEA MARKET 5100 SALARIES & BENEFITS 139 170 - - 170 82 5200 SUPPLIES - - - - - 5300 CONTRACTUAL SERVICES 72 34 - - 34 17 5400 OTHER EXPENSES - - - - - 5700 CAPITAL OUTLAYS - - - - - Totals for dept 70863 - FARMERS AND FLEA MARKET 210 204 - - 204 99 - Dept 80387 - NEIGHBORHOOD & CONSTRUCTION SERVICES 5100 SALARIES & BENEFITS - - - - - 5200 SUPPLIES - - - - - 5300 CONTRACTUAL SERVICES - 7,226 - - 7,226 62 5400 OTHER EXPENSES - 187 - - 187 BUDGET REPORT FOR CITY OF MUSKEGON GENERAL FUND FY2021-22 BUDGET GL NUMBER 2018-19 2019-20 2020-21 2020-21 JUNE 30, 2020 JUNE 30, 2021 2020-21 AND ACTIVITY ACTIVITY ORIGINAL AMENDED ACTUAL ACTUAL 4th QUARTER BUDGET CLASSIFICATION DESCRIPTION BUDGET BUDGET EXPENSES EXPENSE REFORECAST 5700 CAPITAL OUTLAYS - - - - - Totals for dept 80387 - NEIGHBORHOOD & CONSTRUCTION SERVICES - 7,413 - - 7,413 62 - Dept 80400 - PLANNING 5100 SALARIES & BENEFITS 293,098 330,621 318,682 339,000 330,621 317,198 339,000 5200 SUPPLIES 3,796 8,267 4,525 9,100 8,267 25,184 30,000 5300 CONTRACTUAL SERVICES 55,665 29,593 74,050 55,000 29,593 73,821 80,000 5400 OTHER EXPENSES 6,426 16,843 23,000 16,000 16,843 12,667 16,000 5700 CAPITAL OUTLAYS 17,693 19,643 21,000 15,000 19,643 12,809 15,000 Totals for dept 80400 - PLANNING 376,679 404,968 441,257 434,100 404,968 441,680 480,000 Dept 80699 - ECONOMIC DEVELOPMENT 5300 CONTRACTUAL SERVICES - 720 - - 720 - - Totals for dept 80699 - ECONOMIC DEVELOPMENT - 720 - - 720 - - Dept 91116 - ADA PROJECT 2011-2012 5100 SALARIES & BENEFITS - 6,059 5200 SUPPLIES 3,796 - - - 3,468 - 5300 CONTRACTUAL SERVICES 2,394 - 50,000 50,000 - 29,349 50,000 Totals for dept 91116 - ADA PROJECT 2011-2012 6,190 - 50,000 50,000 - 38,877 50,000 Dept 91508 - LED CONVERSION DOWNTOWN 5300 CONTRACTUAL SERVICES 514,089 636,001 - - 636,001 - - Totals for dept 91508 - LED CONVERSION DOWNTOWN 514,089 636,001 - - 636,001 - - Dept 91805 - CITY HALL ROOF REPAIR 2018 5700 CAPITAL OUTLAYS 25,518 - - - - - - Totals for dept 91805 - CITY HALL ROOF REPAIR 2018 25,518 - - - - - - Dept 91814 - MCGRAFT PARK - RESURFACING PARKING LOT A 5300 CONTRACTUAL SERVICES 128,389 - - - - - - Totals for dept 91814 - MCGRAFT PARK - RESURFACING PARKING LOT A 128,389 - - - - - - Dept 91816 - IRRIGATION SYSTEMS , CITY HALL AND OTHER 5300 CONTRACTUAL SERVICES 21,248 - - - - - - Totals for dept 91816 - IRRIGATION SYSTEMS , CITY HALL AND OTHER 21,248 - - - - - - Dept 91827 - IMPROVEMENT AT SMITH RYERSON 5300 CONTRACTUAL SERVICES 7,284 117,123 - - 117,123 - - Totals for dept 91827 - IMPROVEMENT AT SMITH RYERSON 7,284 117,123 - - 117,123 - - Dept 91829 - ROOF REPLACEMENT MAUSOLEUM 5300 CONTRACTUAL SERVICES 102,561 - - - - - - Totals for dept 91829- ROOF REPLACEMENT MAUSOLEUM 102,561 - - - - - - Dept 91921 - CITY HALL BOILERS, LED LIGHTING & BATHROOM UPGRADES 5300 CONTRACTUAL SERVICES - 6,420 - - 6,420 - - Dept 91921 - CITY HALL BOILERS, LED LIGHTING & BATHROOM UPGRADES - 6,420 - - 6,420 - - Dept 92012 - LAKESHORE TRAIL REPAIRS 5300 CONTRACTUAL SERVICES - 11,195 - - 11,195 - - Totals for dept 92012 - LAKESHORE TRAIL REPAIRS - 11,195 - - 11,195 - - DEPT 92019 - CITY HALL LED, BOILER, AND MISC 5300 CONTRACTUAL SERVICES - - - - - 19,358 - 5700 CAPITAL OUTLAYS - 11,660 - 35,000 11,660 280 35,000 Totals for dept 92019 - CITY HALL LED, BOILER, AND MISC - 11,660 - 35,000 11,660 19,638 35,000 Dept 92025 - MENTAL HEALTH GRANT 2019 5700 CAPITAL OUTLAYS - 3,966 - - 3,966 - - Totals for dept 92025 - MENTAL HEALTH GRANT 2019 - 3,966 - - 3,966 - - Dept 92038 - NEW DOOR SYSTEM AT CITY HALL 5700 CAPITAL OUTLAYS - - - 14,000 - 13,824 14,000 Totals for dept 92038 - NEW DOOR SYSTEM AT CITY HALL - - - 14,000 - 13,824 14,000 Dept 92041 - BEACHWOOD/BLUFFTON BIKE RACK 5300 CONTRACTUAL SERVICES - - - 25,534 - 25,435 25,534 Totals for dept 92041 - BEACHWOOD/BLUFFTON BIKE RACK - - - 25,534 - 25,435 25,534 Dept 92042 - CTCL ELECTION GRANT 5100 SALARIES & BENEFITS - - 52,784 - 5200 SUPPLIES - - 5,665 - 5300 CONTRACTUAL SERVICES - - 128,730 - 5700 CAPITAL OUTLAYS - - - 433,580 - 222,254 433,580 Totals for dept 92042 - CTCL ELECTION GRANT - - - 433,580 - 409,432 433,580 Dept 92043 - AAMODT PARK PLAYGROUND/PAVILLON 5300 CONTRACTUAL SERVICES - - - 130,000 - 96,439 130,000 Totals for dept 92043 - AAMODT PARK - - - 130,000 - 96,439 130,000 Dept 92045 - MAUSOLEUM 5300 CONTRACTUAL SERVICES - - - 30,258 - 28,793 30,258 Totals for dept 92045 - MAUSOLEUM - - - 30,258 - 28,793 30,258 Dept 92047 - CAPITAL IMPROVEMENT BONDS 2020 5300 CONTRACTUAL SERVICES - - - 655,026 - 55,026 655,026 Totals for dept 92047 - CAPITAL IMPROVEMENT BONDS 2020 - - - 655,026 - 55,026 655,026 Dept 92048 - CENTRAL DISPATCH PROJECT 5700 CAPITAL OUTLAYS - - - 2,500,000 - 2,346,087 2,500,000 Totals for dept 92048 - CENTRAL DISPATCH PROJECT - - - 2,500,000 - 2,346,087 2,500,000 Dept 92049 - ARENA ROOF HVAC PAYOFF 5300 CONTRACTUAL SERVICES - - - 2,073,373 - 2,073,373 2,073,373 Totals for dept 92049 - ARENA ROOF HVAC PAYOFF - - - 2,073,373 - 2,073,373 2,073,373 Dept 92050 - JAG GRANT 2020 BUDGET REPORT FOR CITY OF MUSKEGON GENERAL FUND FY2021-22 BUDGET GL NUMBER 2018-19 2019-20 2020-21 2020-21 JUNE 30, 2020 JUNE 30, 2021 2020-21 AND ACTIVITY ACTIVITY ORIGINAL AMENDED ACTUAL ACTUAL 4th QUARTER BUDGET CLASSIFICATION DESCRIPTION BUDGET BUDGET EXPENSES EXPENSE REFORECAST 5300 LEGAL FEES - - - 17,866 - 5,000 17,866 Totals for dept 92050 - JAG GRANT 2020 - - - 17,866 - 5,000 17,866 Dept 92101 - POLICE BODY CAMERAS 5300 CONTRACTUAL SERVICES - - - 490,000 - 227,967 490,000 Totals for dept 92101 - POLICE BODY CAMERAS - - - 490,000 - 227,967 490,000 Dept 92105 - MENTAL HEALTH GRANT 2020 5300 CONTRACTUAL SERVICES - - - 22,189 - 18,225 22,189 Totals for dept 92105 - MENTAL HEALTH BALANCE 2020 - - - 22,189 - 18,225 22,189 Dept 92106 - BEACH STREET EXPANDED PARKING 5300 CONTRACTUAL SERVICES - - - 30,000 - 29,226 30,000 Totals for dept 92106 - BEACH STREET EXPANDED PARKING - - - 30,000 - 29,226 30,000 Dept 92108 - SCBA REPLACEMENT 5700 CONTRACTUAL SERVICES - - - 233,620 - 233,620 233,620 Totals for dept 92108 - SCBA REPLACMENT - - - 233,620 - 233,620 233,620 Dept 94027 5300 CONTRACTUAL SERVICES - 360 - - 360 - - Totals for dept 94027 - 360 - - 360 - - Dept 99152 - DOJ JAG GRANT MUSKEGON HEIGHTS 5300 CONTRACTUAL SERVICES 14,929 - - 12,290 - 12,515 12,290 Totals for dept 99152 - DOJ JAG GRANT MUSKEGON HEIGHTS 14,929 - - 12,290 - 12,515 12,290 TOTAL EXPENDITURES 28,643,929.83 30,258,785.74 28,871,143.00 37,006,217.00 30,258,786.18 31,722,408.92 37,461,277.00 NET OF REVENUES/EXPENDITURES - FUND 101 110,119 (605,356) (393,288) (232,815) (605,357) 4,176,219 232,125 BEGINNING FUND BALANCE 6,687,516 6,797,635 6,192,279 6,192,279 6,797,635 6,192,279 6,192,279 ENDING FUND BALANCE 6,797,635 6,192,279 5,798,992 5,959,464 6,192,279 10,368,498 6,424,404 BUDGET REPORT FOR CITY OF MUSKEGON ADDITIONAL DETAIL GENERAL FUND Original Budget 4th Quarter Agency Actual FY2018‐19 Actual 2019 FY2020‐21 Actual 6/15/21 Reforecast Muskegon Area Transit (MATS) 99,512 99,512 99,513 95,612 130,979 Neighborhood Association Grants 125,947 66,684 150,000 126,890 150,000 YMCA ‐ ‐ 100,000 100,000 Boys & Girls Club 30,000 80,000 100,000 77,681 77,681 Muskegon Public Schools Youth Recreation 20,000 20,000 20,000 20,000 20,000 Port City Football 5,000 5,000 5,000 ‐ ‐ Muskegon Area First 45,660 10,000 ‐ ‐ ‐ Veterans Memorial Day Costs 10,163 5,335 7,000 ‐ 7,000 Downtown Muskegon Now 37,500 ‐ ‐ ‐ ‐ West Michigan Lake Hawks 5,400 4,500 4,500 ‐ ‐ Lakeside Business District 2,500 ‐ 2,500 3,750 5,000 Latinos Working for the Future 1,000 1,000 ‐ ‐ community Encompass 3rd Street Mural 6,000 6,000 ‐ 6,000 Cogic Community Center 250 250 ‐ 250 211 Service 2,500 2,500 2,500 2,500 2,500 Harmony Park ‐ Rotary 10,000 10,000 Muskegon Museum of Art Expansion 25,000 Community Foundation DEI Taskforce 25,000 Public Art Hubert Massey Mural 25,000 MLK Diversity Program 1,100 1,100 ‐ 1,100 Muskegon Area Loabor Management (MALMC) ‐ 1,000 ‐ 1,000 Black Business Expo 2,490 2,490 Steelhead Scuplture ‐ 4,000 4,000 Support to Outside Agencies 384,182 301,881 425,363 442,923 568,000 Original Budget Actual Thru 3rd Quarter Fund Actual 2018‐19 Actual 2019‐20 2020‐21 3/31/2021 Reforecast Major Street Fund 250,000 ‐ Local Street Fund ‐ 250,000 100,000 100,000 Farmers Market Fund 35,000 45,000 55,000 105,000 Mercy Health Arena Fund 475,000 800,000 235,000 700,000 LDFA Debt Service Fund ( Smartzone) 360,000 360,000 350,000 111,275 350,000 DDA Debt Service Fund ‐ ‐ ‐ ‐ Public Improvement Fund 50,000 Tree Replacement Fund 7,500 State Grants Fund 10,000 Community Development Block Grant Fund Public Service Building 200,000 Engineering Services Fund ‐ 20,000 ‐ 50,000 General Insurance Fund 1,120,000 1,492,500 740,000 111,275 1,555,000 BUDGET REPORT FOR CITY OF MUSKEGON SPECIAL REVENUE FUNDS 4TH QUARTER REFORECAST 2020-21 BUDGET GL NUMBER 2018-19 2019-20 2020-21 2020-21 March 31 2020 March 31 2021 2020-21 AND ACTIVITY ACTIVITY ORIGINAL AMENDED ACTUAL ACTUAL 4th QUARTER BUDGET CLASSIFICATION DESCRIPTION BUDGET BUDGET EXPENSE EXPENSES REFORECAST Fund 254 - MERCY HEALTH ARENA ESTIMATED REVENUES Dept 00000 254-00000-4400 STATE GRANT - - - 40,000 - - - 254-00000-4610 ANNEX REVENUE 69,620 69,552 70,000 60,000 19,824 (6,607) - 254-00000-4619 MISC. SALES AND SERVICES 38,608 10,949 10,000 1,000 3,949 239 250 254-00000-4639 RAD DADS 89,808 142,683 50,000 100,000 25,000 15,000 145,000 254-00000-4640 TICKET SURCHARGE - 31,589 35,000 7,500 31,589 2,229 7,500 254-00000-4643 VIP COMPENSATION 10,054 7,500 1,500 5,703 - - 254-00000-4646 CONCESSIONS FOOD 90 74,207 85,000 25,000 70,035 14,397 35,000 254-00000-4647 MERCHANDISE - ARENA 40,197 22,945 42,000 4,000 22,454 - 1,500 254-00000-4651 REIMBURSEMENT 330 3,112 - - 3,112 (59,810) - 254-00000-4665 ADVERTISING REVENUE 62,000 106,000 124,000 124,000 6,000 6,000 106,000 254-00000-4666 PARKING LOT RENTAL - WESTERN AVENUE 21,360 24,103 24,000 4,000 24,103 5,005 10,000 254-00000-4667 PARKING LOT RENTAL 17,663 10,902 12,000 12,000 10,902 335 500 254-00000-4677 RENT 259,325 143,976 215,000 202,278 94,500 70,780 133,226 254-00000-4691 ARENA EVENT REVENUE 104,660 179,191 230,000 25,000 178,909 30,866 90,000 254-00000-4692 ARENA MAINTENANCE CHARGE - 762 - - 142 - 254-00000-4695 SHOP RENTAL 702 - 1,000 - - - - 254-00000-4696 CONCESSION NON ALCHOLIC 220,197 49,138 60,000 22,000 48,678 6,404 18,000 254-00000-4697 ALCOHOLIC BEVERAGE 204,799 119,539 180,000 30,000 117,469 18,934 40,000 254-00000-4698 FLOOR/ICE HOCKEY RENTAL 175,797 190,825 170,000 190,000 135,746 165,023 200,000 254-00000-4699 THIRD PARTY SALES/FOOD HUB - 40,010 45,000 3,000 40,010 - - 254-00000-4800 MISC. & SUNDRY 3,305 5,978 4,000 4,000 5,184 5,515 5,700 254-00000-4801 CASH OVER/SHORT 9 - - - 254-00000-4802 REIMB: SERVICES RENDERED 1,500 10,665 - 15,000 9,750 11,900 11,900 254-00000-4805 CONTRIBUTIONS 4,100 6,250 - - 6,250 4,868 - 254-00000-4808 SALE OF PROPERTY AND EQUIPMENT - - - - 254-00000-4901 OP. TRANS FROM GENERAL FUND 476,486 800,000 235,000 550,000 - - 700,000 254-00000-4904 OP. TRANS FROM CAPITAL PROJECTS - - - 40,000 254-00000-4970 INTEREST INCOME - - - - Totals for dept 00000 - 1,790,556 2,052,428 1,599,500 1,420,278 859,310 291,077 1,544,576 TOTAL ESTIMATED REVENUES 1,790,556 2,052,428 1,599,500 1,420,278 859,310 291,077 1,544,576 EXPENDITURES Dept 70805 - MERCY HEALTH ARENA 5100 SALARIES AND BENEFITS 66,081 164,833 196,843 385,881 128,968 227,344 385,881 5200 SUPPLIES 354,884 301,725 225,000 225,000 285,089 179,667 245,000 5300 CONTRACTUAL SERVICES 1,310,152 1,322,263 1,090,000 670,000 1,179,947 457,564 700,000 5400 OTHER EXPENSES - 9,420 - 20,750 2,180 34,810 35,000 5700 CAPITAL OUTLAYS 74,579 246,686 50,000 100,000 182,370 164,673 125,000 Totals for dept 70805 - L C WALKER ARENA 1,805,697 2,044,927 1,561,843 1,401,631 1,778,554 1,064,058 1,490,881 Dept 90135 - ANNEX REPAIR 5700 CAPITAL OUTLAYS - - - - Totals for dept 90135 - ANNEX REPAIR - - - - - - - Dept 92039 - LOCKER ROOM IMPROVEMENTS ARENA 5300 CONTRACTUAL SERVICES - - 10,930 15,821 10,930 Totals for dept 92039 - LOCKER ROOM IMPROVEMENTS ARENA - - - 10,930 - 15,821 10,930 Dept 93015 5300 CONTRACTUAL SERVICES - 2,595 Totals for dept 93015 - 2,595 - - - - - TOTAL EXPENDITURES 1,805,697 2,047,522 1,561,843 1,412,561 1,778,554 1,079,879 1,501,811 NET OF REVENUES/EXPENDITURES - FUND 254 (15,141) 4,906 37,657 7,717 (919,244) (788,802) 42,765 BEGINNING FUND BALANCE 43,252 28,112 33,018 33,018 33,018 33,018 28,112 ENDING FUND BALANCE 28,112 33,018 70,675 40,735 (886,226) (755,784) 70,877 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 4/22/21 Title: Rezoning of 1747 7th St Submitted By: Mike Franzak Department: Planning Brief Summary: Request to rezone the property at 1747 7th St from I-2, General Industrial to B-4, General Business, by Muskegon Rescue Mission. Detailed Summary: The Planning Commission unanimously voted in favor of recommending approval of the rezoning to the City Commission. Amount Requested: Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To approve the request to rezone the property at 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 property measures 1.2 acres and has frontage on 7th St and Park St. 2. The Muskegon Rescue Mission is requesting a rezoning to B-4, General Business, in order to develop the property as a center for social services, childcare and training. 3. The property is adjacent to the Rescue Missions shelter at 400 W Laketon Ave. 4. Notice was sent to applicants within 300 feet of the property. At the time of this writing, staff had not received any comments from the public. Zoning Map Aerial Map CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. An ordinance to amend the zoning map of the City to provide for a zone change for 1747 7th St from I-2, General Industrial to B-4, General Business THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: The zoning map of the City of Muskegon is hereby amended to change the zoning for 1747 7th St from I-2, General Industrial to B-4, General Business. CITY OF MUSKEGON REVISED PLAT OF 1903 PART OF BLKS 450 460 & LARCH AVE VAC COM AT NE COR BLK 460 TH N 45.95 FT TH W 186.7 FT TH N 64.3 FT TH W 13.25 FT TH N 2.15 FT TH W 148.72 FT TO W LINE BLK 450 AT A PT 303.27 FT S OF NW COR SAID BLK TH S TO N LINE GT R/W TH SELY ALONG SAID R/W TO E LINE BLK 460 TH N TO BEG This ordinance adopted: Ayes: Nayes: Adoption Date: Effective Date: First Reading: Second Reading: CITY OF MUSKEGON By: __________________________ Ann Meisch, MMC City Clerk CERTIFICATE (Rezoning 1747 7th from I-2 to B-4) 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 22nd day of June, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as required thereby. DATED: ___________________, 2021 ________________________________ 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 June 22, 2021, the City Commission of the City of Muskegon adopted an ordinance amending the zoning map to provide for the change of zoning for 1747 7th from I-2 to B-4: CITY OF MUSKEGON REVISED PLAT OF 1903 PART OF BLKS 450 460 & LARCH AVE VAC COM AT NE COR BLK 460 TH N 45.95 FT TH W 186.7 FT TH N 64.3 FT TH W 13.25 FT TH N 2.15 FT TH W 148.72 FT TO W LINE BLK 450 AT A PT 303.27 FT S OF NW COR SAID BLK TH S TO N LINE GT R/W TH SELY ALONG SAID R/W TO E LINE BLK 460 TH N TO BEG 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 ____________________, 2021 CITY OF MUSKEGON By ___________________________ Ann Meisch, MMC City Clerk --------------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: June 22nd, 2021 Title: Public Hearing – Drinking Water Project Plan Submitted By: Leo Evans Department: Public Works Brief Summary: To host a public hearing relative to the updated City of Muskegon Project Plan for Drinking Water upgrades. The plan highlights the next few years of improvement projects. Detailed Summary: Staff contracted with Prein & Newhof to complete a required update to our previous project plan which is required to maintain eligibility for Drinking Water Revolving Fund (SRF) financing and grants. These programs are used to finance a relatively large portion of our water and sewer work in recent years including projects on Peck Street and Amity Avenue that are currently underway. This plan represents and update to the previously published 2019 plan which includes a continuation of many of the project identified in that plan, as well as a shift in future focus to include substantial investments towards lead service line replacements within the city. The project plan is currently available on the City website for review. Prein & Newhof will offer a short presentation of the project plan and public comment on the plan is encouraged. Amount Requested: $0 Amount Budgeted: $0 Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: Close the Public Hearing, approve the drinking water system project plan, and authorize the Mayor and Clerk to sign a resolution in support of the plan. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: A RESOLUTION ADOPTING A FINAL PROJECT PLAN FOR WATER SYSTEM IMPROVEMENTS AND DESIGNATING AN AUTHORIZED PROJECT REPRESENTATIVE WHEREAS, the City of Muskegon recognizes the need to make improvements to its existing water supply and distribution system; and WHEREAS, the City of Muskegon authorized Prein&Newhof to prepare a Project Plan, which recommends improvements to provide a more reliable and resilient water supply and distribution system including replacement of aging or undersized water mains, replacement of lead service lines, which can cause elevated lead concentrations in homes, and replacement or rehabilitation of aging components of the Water Filtration Plant and pumping stations; and WHEREAS, said Project Plan was presented at a Public Hearing held on June 22, 2021 and all public comments at the hearing or written comments submitted during the public comment period have been considered and addressed. NOW THEREFORE BE IT RESOLVED, that the City of Muskegon formally adopts said Project Plan and agrees to implement the selected FY 2022 projects based on the selected alternatives for those projects. BE IT FURTHER RESOLVED, that the Director of Public Works, a position currently held by Leo Evans, is designated as the authorized representative for all activities associated with the project referenced above, including the submittal of said Project Plan as the first step in applying to the State of Michigan for a Drinking Water Revolving Fund Loan to assist in the implementation of the selected alternative. Yeas: Nays: I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on June 22, 2021. BY: Ann Meisch, City Clerk ______________________________________________________________________________ Signature Date (EQP 3530 REV 01/2015) Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 6/22/2021 Title: Harbor 31 Viridian Shores Housing Development Neighborhood Enterprise Zone Hearing and Resolution Submitted By: Jake Eckholm Department: Economic Development Brief Summary: The development team at Harbor 31 has requested that the City of Muskegon create a Neighborhood Enterprise Zone around certain parcels at the Harbor 31development site intended for owner-occupied housing units. Detailed Summary: The developers have planned a multi-phase, multi-use buildout for the Harbor 31 site which includes single family detached residential as well as owner-occupied townhomes. In order to make these homes marketable due to the large amount of environmental mitigation required, the developer has requested that an NEZ district be created so that future buyers can request Neighborhood Enterprise Zone certificates for their respective home builds. The process laid out in the attached resolution will comply with Public Act 147 of 1992 (NEZ Act) so that the City properly notices taxing jurisdictions and holds the required public hearing in the time frames as stipulated. The hearing has been properly noticed and taxing jurisdictions duly informed. The hearing tonight and subsequent resolution, if passed, will create a district wherein owners of lots may request NEZ certificates as incentive for new residential construction. Amount Requested: $0 Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: Motion to approve the Resolution creating the Neighborhood Enterprise Zone for the Viridian Shores Development at Harbor 31 as presented. For City Clerk Use Only: Commission Action: City of Muskegon Muskegon County, Michigan RESOLUTION NO. __________ A Resolution approving a Neighborhood Enterprise Zone at Harbor 31 The City Commission of the City of Muskegon hereby resolves: 1. Public Act 147 of the Michigan Public Acts of 1992, MCL 207.771, et seq., the Neighborhood Enterprise Zone Act, provides for the establishment of Neighborhood Enterprise Zones exemption from ad valorem property taxes and levy of a specific property tax in lieu thereof on structures which qualify for certificates under the Act. 2. The City of Muskegon meets all the criteria set forth in Section 2 (d) (i) of the Act and therefore meets the distress criteria of the Act. 3. The City Commission hereby finds that the designation of areas within the City’s Neighborhood Enterprise Zones is consistent with the Master Plan of the City and with the City’s Neighborhood Preservation and Economic Development Goals. 4. The City has adopted a statement of its goals, objectives and policies relative to the maintenance, preservation, improvement, and development of housing for all persons regardless of income level living within the proposed Neighborhood Enterprise Zones. 5. That the City Commission desires to take advantage of the Neighborhood Enterprise Zone Act and recognizes the requirement that the designations of Neighborhood Enterprise Zones be approved by resolution adopted by it. Further the City recognizes and acknowledges that public notice and a prior public hearing have been accomplished. 6. The City Commission has adopted an amendment to its Housing Maintenance Code requiring that no sale of a property subject to a Neighborhood Enterprise Zone certificate may be finalized until compliance with local construction or safety codes has been accomplished. NOW THERFORE BE IT RESOLVED that the following area is approved as a Neighborhood Enterprise Zone for new facilities as defined within the Neighborhood Enterprise Zone Act, and as allowed in accordance with section 3 (2) of the Act: [The description for the new facility zone are attached as Exhibit A] This resolution passed. Ayes___________________________________________________________________ ________________________________________________________________________ Nays___________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ CITY OF MUSKEGON By___________________________ Ann Meisch, City Clerk CERTIFICATE This resolution was adopted at a meeting of the City Commission, held on ___________, 2021. The meeting was properly held and noticed pursuant to the Open meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By___________________________ Ann Meisch, City Clerk EXHIBIT A (Site Plan Attached) Agenda Item Review Form Muskegon City Commission Commission Meeting Date: June 22, 2021 Title: Alley Vacation – Holbrook/Huizenga Submitted By: Mike Franzak Department: Planning Brief Summary: Request to vacate the alley north of Holbrook Ave and east of Huizenga St, by Newkirk Electric Associates. Detailed Summary: The Planning Commission unanimously recommended vacation of the alley as requested with the condition that the applicant screen the existing storage areas with a wooden privacy fence and remove all barbed wire. Amount Requested: Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To (approve/deny) the request to vacate the alley north of Holbrook Ave and east of Huizenga St. 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. This alley exists only on paper and does not function for traffic. 2. The applicant owns both properties that are separated by the alley. 3. The applicant is requesting to vacate the alley in order to expand outdoor operations. 4. The area is zoned for industrial and is part of the Medendorp Industrial Park. 5. Some of the outdoor storage areas are causing blight, visible from Laketon Ave, Roberts St and Keating Ave. Aerial Map STAFF RECOMMENDATION Staff recommends approval of the request, contingent upon the applicant screening storage areas with a wooden privacy fence. It also appears that barbed wire, which is not allowed, has been installed on some of the newer fences. CITY OF MUSKEGON RESOLUTION No.______________ RESOLUTION TO VACATE A PUBLIC ALLEY WHEREAS, a petition has been received to vacate the alley north of Holbrook Ave and east of Huizenga St; and WHEREAS, the Planning Commission held a public hearing on June 10, 2021 to consider the petition and subsequently recommended the vacation; and WHEREAS, due notice had been given of said hearing as well as the June 22, 2021 City Commission meeting to consider the recommendation of the Planning Commission; NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the public interest to vacate the alley north of Holbrook Ave and east of Huizenga St; and BE IT FURTHER RESOLVED that the City Commission does hereby declare the said alley vacated and discontinued provided, however, that this action on the part of the City Commission shall not operate so as to conflict with any fire access or the utility rights heretofore acquired by the City or by any public service utility in the City of Muskegon, operating in, over and upon said portion of street hereby vacated, and it is hereby expressly declared that any such rights shall remain in full force and effect; BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall restore the disturbed area to the grade and paving in existence at the time of vacation. The City shall not be responsible to replace special planting, landscaping, fences or any structure. No structure shall be placed in the vacated street which, in the sole judgment of the City, will interfere with the repair or maintenance of utilities in the easement, public or private. Adopted this 22nd day of June 2021. Ayes: Nays: Absent: By: Stephen J. Gawron, Mayor Attest: Ann Meisch, MMC, City Clerk CERTIFICATE (Vacation of the alley north of Holbrook Ave and east of Huizenga St) I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular meeting held on June 22, 2021. ______________________________ Ann Meisch, MMC Clerk, City of Muskegon Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 6/22/21 Title: Amendment to Harbour Towne PUD Submitted By: Mike Franzak Department: Planning Brief Summary: Request for an amendment to the Harbour Towne Planned Unit Development to allow for a storage container to be placed at 3505 Marina View Point (Dockers). Detailed Summary: A motion to recommend denial of the request was passed by the Planning Commission by a 5-2 vote. Amount Requested: Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: Request for an amendment to the Harbour Towne Planned Unit Development to allow for a storage container to be placed at 3505 Marina View Point. 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 Hearing, Case 2021-18: Request for an amendment to the Harbour Towne Planned Unit Development to allow for a storage container to be placed at 3505 Marina View Point (Dockers). SUMMARY 1. The property is part of the Harbour Towne Planned Unit Development (PUD). 2. A storage building was not part of the original PUD, so it requires an amendment to the PUD. 3. The container is currently located on site and was being used temporarily during construction. The applicant is now in need for permanent storage for the restaurant facility. The applicant is proposing to paint the container and add murals to it as well. 4. The container is larger than 200 sf (320 sf), so the Inspections Department would require a building permit for it to become a permanent structure. 5. Notice was sent to applicants within 300 feet of the property. At the time of this writing, staff had received one comment from Chris and Beth Cok, 1466 W Harbour Towne Cir who are opposed to a container and would prefer similar construction materials as used in the restaurant building. 6. Please see the enclosed site plan and rendering. Current Picture of Container. Trailer to be Removed. CITY OF MUSKEGON RESOLUTION #2021- RESOLUTION TO AMEND THE PLANNED UNIT DEVELOPMENT FOR HARBOUR TOWNE WHEREAS, a petition to amend the Planned Unit Development at 3505 Marina Point View 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 proposed amendment is to allow a storage container to be placed at Dockers Restaurant, 3505 Marina Point View; and NOW, THEREFORE, BE IT RESOLVED that the amendment to the final Planned Unit Development is hereby approved. Adopted this 22nd day of June 2021 Ayes: Nays: Absent: By: Stephen J. Gawron Mayor Attest: Ann Meisch Clerk, City of Muskegon CERTIFICATE (Amendment to PUD at 3505 Marina Point View) 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 22nd day of June, 2021, 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: ___________________, 2021. _______________________________________ Ann Meisch Clerk, City of Muskegon Case 2021-18: 3505 Marina View Point I am a condo owner at 3710 Channel View Point. My driveway and entrance to my condo is in full view of the parking lot for Dockers. We have been facing this very green container for the last few years at the east end of the parking lot along with the garbage bins that are rarely kept up or clean. I have no problem with a storage unit placed there, but should be hidden by fence or some barrier that would be representative of the buildings around it so that we don’t have to look at the mess that’s there now every time we come home or leave my condo. Dockers is open approximately 4 months a year. The containers and garbage area is in full view for 12 months a year. It seems to me that the city would be very concerned about the looks that all people coming in and leaving the restaurant (4 months) as well as all residents on Channel View Point (12 months) and Marina View Point (12 months) have to endure. Now this area is an eyesore and it’s the 1st thing people see when coming into the establishment and/or our condos. We need to keep the lakefront property in the best shape possible for all visitors coming to our city whether neighbors or visitors. There is only one Lake Shore. Please make this area a pleasing site rather than the mess it looks now. Thank you Ken Bandstra Dear Mike, We are writing this letter to share the perspective of Harbour Towne Condominium Association (HTCA) related to the recent petition for an amendment (Case# 2021-18) to the Lakeshore Recreational Planned Unit Development by Dockers Restaurant to allow a shipping container to be placed at 3505 Marina View Point. Our Association is not taking a specific position on this petition, however we are requesting that certain stipulations be included in any and all future amendments. Those stipulations include the following: Any permanent structures have an exterior appearance consistent with the color and architecture of the existing Harbour Towne structures surrounding Dockers Restaurant. Permanent structures be maintained and landscaped to enhance the appearance of the surrounding area. Dumpster lids and the gates of the trash enclosure be kept closed to prevent nuisance animal related issues and street view visibility. Outdoor storage of used, seasonal or other nonbusiness related items such as truck toppers, old tables and chairs be prohibited. Adequate parking spaces be aligned to the restaurant’s capacity limits to allow for all patrons to park in designated parking spots and not on landscaped or dune scaped areas. HTCA spends considerable monies each year to maintain the appearance of our buildings and surrounding landscape. The natural look of our community and our location continues to keep us one of the most desired condominium communities on the lakeshore. We continue to attract new residents and returning residents to the City of Muskegon. Having a seasonal restaurant within a short walk of our homes is a positive attribute of our community and we support Dockers Restaurant’s continued success. We are asking for the City of Muskegon and the Planning Commission to include the above stipulations as part of all future amendments to the Harbour Towne LR-PUD to maintain the appearance and desirability of our development. Sincerely, Harbour Towne Condominium Association Board of Directors Barb Vukits President Agenda Item Review Form Muskegon City Commission Commission Meeting Date: June 22nd, 2021 Title: YEP Partnership Submitted By: Leo Evans Department: Public Works Brief Summary: Staff is seeking authorization to enter into an agreement with Community Encompass through their YEP (Youth Empowerment Program) to provide seasonal staffing services within the City. Detailed Summary: Staff has struggled to hire an adequate number of seasonal staff to provide the expected level of services throughout the city. Staff anticipated a need to hire approximately 30-35 seasonal workers within DPW to provide services primarily within the Parks and Cemetery Departments throughout the peak tourist seasons in 2021. To date we have been able to fill approximately 15 of those vacancies through our current contractual relationship with GoodTemps. As such staff reached out to Community Encompass to see if there would be a possibility through the YEP program for Community Encompass to provide crew(s) of workers that could be utilized to perform seasonal duties that would normally be provided through GoodTemps staff. Community Encompass was able to meet that commitment as outlined in the attached agreement which would see approximately 10-12 kids employed through Community Encompass working for the City of Muskegon in a seasonal capacity. Workers in this program are generally high school aged students that do not meet the age requirements to be employed for the city through GoodTemps. The employees in these positions would be assigned to light duties including mowing, weed whipping, trash collection within the social district, bathroom cleaning, and other low-risk duties that would not involve the use of heavy equipment or the operation of City vehicles. YEP Crews would consist of 3-4 workers and a crew supervisor. The crew supervisor would be responsible to work in partnership with City DPW staff to identify and prioritize tasks throughout the work week. Community Encompass would invoice the city for the labor expenses + markup in the same manner that is done by GoodTemps. Community Encompass will provide supervision and transportation for the workers. City will provide equipment and supplies for use by the crews. The cost of this program is already contained within the Contractual Services line items of multiple city budgets and would not represent a cost increase to the city rather the cost would be deferred away from expenses related to employing staff through GoodTemps. If fully utilized staff estimates the value of this contract at approximately $100,000. City staff supports this partnership as a way to help us achieve our proper staffing levels for the summer season and maintain the expected level of service within the City. This program can also serve as an introduction for students in the YEP program to learn about potential career paths within the City and help us address the longer term systemic issues we have obtaining qualified applicants for many of our positions. Amount Requested: $100,000 Amount Budgeted: $100,000 Fund(s) or Account(s): Fund(s) or Account(s): 101-70276/70751-5346 101-70276/70751-5346 (Cemeteries & Parks) (Cemeteries & Parks) Recommended Motion: Authorize staff to enter into the attached agreement with Community Encompass to provide seasonal workers through their YEP program. 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 CONTRACT FOR TEMPORARY STAFFING SERVICES This Agreement is effective on the 1st day of June 2021upon execution between City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street, Muskegon, MI 49443 (“City”) and Community enCompass, of 1105 Terrace Street, Muskegon, MI 49444 (“Contractor”) with reference to the following facts: Background A. City requested to have Community enCompass partner with the Public Works Department to maintain the parks and cemeteries throughout the city, but primarily within the McLaughlin and Nelson neighborhoods. B. Contractor agreed to provide 10-15 youth with 1 supervisor per team of 4-5 students. to support the public works department in maintaining the parks and cemeteries. NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: This Agreement constitutes the Agreement between the parties and is the sole document involved in providing the services listed. In the event that there are inconsistencies within the Agreement, the Contractor shall immediately notify the City, in writing, for a determination, interpretation, clarification and/or prioritization of the inconsistencies. 1. Services. Contractor shall provide the following services . Mowing and Trimming at the following locations: a. City to list property names or a description of the area boundaries for Formatted: Indent: Left: 1.36", Hanging: 0.2", the workto be determined locations within the City, but primarily Numbered + Level: 3 + Numbering Style: a, b, c, … + focused within the Nelson and McLaughlin neighborhoods. Start at: 1 + Alignment: Left + Aligned at: -0.43" + Indent at: 0.07", Tab stops: 1.56", Left + Not at 1.58" Formatted: Font color: Red •b. Other additional light maintenance and cleaning services as mutually agreed upon, but similar in nature to work performed by City Seasonal Staff. a.c. During the months of June – August, the contractor will provide up to 36 hours of labor per week per employee. During Community enCompass Temporary Staffing Service Agreement 6/1/21 – 10/31/21 September and October, the contractor will provide a reduced workforce to support leaf disposal. The employees are students and will not have as much availability in the fall. 2. Equipment. The City shall supply all the lawn and safety equipment mandated for employees while on assignment with the City. Examples of this equipment includes lawn mowers, gas for the lawn mowers, trimmers, line for the string trimers, rakes as well as any maintenance required on the equipment 3. Expenses. Contractor shall be responsible to pay for all expenses incurred by Contractor related to the performance of its duties under this Agreement. 4. Contract Billing. City agrees to pay Contractor, in full consideration for the complete performance of Contractor’s obligations under this Agreement: a. Youth will be paid at a rate of $12/hour b. Supervisors will be paid at a rate of $15/hour c. For all positions, contractor will bill a markup of 37.5% to cover taxes, insurance and administrative costs. 5. Payment. Contractor shall submit detailed invoices on a weekly basis for the prior week’s services. Payments according to this agreement are invoiced and paid on a weekly basis. Requests for payment shall be submitted on a detailed invoice to the City weekly for the previous week. The City agrees that payment shall be due on NET 14 day terms. 6. Specific Reservations. City reserves the right to discontinue its use of temporary employees from contractor as it determines appropriate. 7. Terms and Termination. This Agreement shall be effective beginning June 1, 2021on the date of execution, and shall remain in full force and at the same terms through October 31, 2021, with an option to renew for an additional term, if mutually agreed upon by both parties as memorialized in a written and signed agreement. 8. Commencement and Damages. a. Commencement. Contractor shall commence performance under this Agreement upon its execution. The City shall notify Contractor of any violation of the Agreement. It shall be the duty of Contractor to remedy a Contractor violation. Failure to perform pursuant to this Agreement for a period in excess of five (5) consecutive scheduled, working days, or failure for a similar period, to perform in the manner required, and provided such failure is not a result of war, insurrection, riots, or acts of God, the City may, at its option and after written notice to Contractor, utilize any or all of Contractor’s equipment used in performance of this Agreement until such time the matter is Community enCompass Temporary Staffing Service Agreement 6/1/21 – 10/31/21 resolved and the Contractor is performing under the terms of the Agreement. b. Appeal. The City’s determination regarding damages shall be final and binding on both parties, unless appealed, in writing to the City Manager or his designee within ten (10) working days after notice. The City Manager or his designee shall grant Contractor an informal hearing upon such request. The decision of the City Manager shall be final and binding. 9. Insurance and Indemnity. a. City Insurance Requirement. The contractor, and any and all of their subcontractors, shall not commence work under this contract until they have obtained the insurance required under this paragraph, and shall keep such insurance in force during the entire life of this contract. All coverage shall be with insurance companies licensed and admitted to do business in the State of Michigan and acceptable to City of Muskegon. The requirements below should not be interpreted to limit the liability of the Contractor. All deductibles and SIRs are the responsibility of the Contractor. b. Worker’s Compensation Insurance, including Employers’ Liability Coverage, in accordance with all applicable statutes of the State of Michigan. c. Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $1,000,000 per occurrence and aggregate. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent, if not already included; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable. d. Automobile Liability, including Michigan No-Fault Coverages, with limits of liability not less than $1,000,000 per occurrence combined single limit for Bodily Injury, and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. e. Additional Insured: Commercial General Liability and Automobile Liability, as described above, shall include an endorsement stating the following shall be Additional Insureds: The City of Muskegon, all elected and appointed officials, all employees and volunteers, agents, all boards, commissions, and/or authorities and board members, including employees and volunteers thereof. It is understood and agreed by naming the City of Muskegon as additional insured, coverage afforded is considered to be primary and any other insurance the City of Muskegon may have in effect shall be considered secondary and/or excess. f. Cancellation Notice: Worker’s Compensation Insurance, Commercial General Liability Insurance, and Automobile Liability Insurance, as described above, shall be endorsed to state the following: It is understood and agreed Thirty (30) days, Ten (10) days for non-payment of premium, Advance Written Notice of Cancellation, Non-Renewal, Reduction, and/or Material Change shall be sent to: (City of Muskegon, FINANCE & ADMINISTRATIVE SERVICES DIRECTOR, 933 Terrace St, PO Box 536, Community enCompass Temporary Staffing Service Agreement 6/1/21 – 10/31/21 Muskegon, Michigan 49443-0536). g. Proof of Insurance Coverage. Contractor shall provide the City at the time the contracts are returned for execution, certificates and policies endorsing the City as additional insured as listed below: i. Two (2) copies of Certificates of Insurance for Workers’ Compensation Insurance, if applicable; ii. Two (2) copies of Certificate of Insurance for Commercial General Liability Insurance; and iii. If so requested, Certified Copies of all policies mentioned above will be furnished. h. If any of the above coverages expire during the term of this contract, Contractor shall deliver renewal certificates and/or policies to City at least ten (10) days prior to the expiration date. 10. Income Tax Withholding. Contractor shall withhold income taxes from each employee, and pay such tax in accordance with the City of Muskegon Income Tax Ordinance and all applicable laws associated with that ordinance. Contractor shall require the same from each subcontractor, consultant or vendor used in the performance of his duties and obligations in this Agreement. City reserves the right to withhold payments otherwise due to Contractor to assure compliance with this Agreement or to cure such noncompliance. 11. General Provisions. a. Notices. Any notice that either party may give or is required to give under this Agreement shall be in writing, specify the position, department and location assigned, and, if mailed, shall be effective on the day it is delivered to the other party at the other party’s address set forth in this Agreement or at any other address that the other party provides in writing. Notices given in person are effective on the day they are given. b. Governing Law. This Agreement is executed in accordance with, shall be governed by, and construed and interpreted in accordance with, the laws of the State of Michigan. c. Assignment or Delegation. Neither party shall assign all nor any portion of its rights nor obligations contained in this Agreement without express prior written approval of the other party, which approval may be withheld in the other party’s sole discretion. d. Entire Agreement. This Agreement and the documents specified in section 1 shall constitute the entire agreement, and shall supersede any other Agreements, written or oral, that may have been made or entered into, by, and between the parties with respect to the subject matter of this Agreement, and shall not be modified or amended except in a subsequent writing signed by the party against whom enforcement is sought. Community enCompass Temporary Staffing Service Agreement 6/1/21 – 10/31/21 e. Binding Effect. This Agreement shall be binding upon, and to the benefit of, and be enforceable by, the parties and their respective legal representatives, permitted successors, and assigns. f. Waiver. City may waive all or any portion of damages without prejudicing its rights under this Agreement. g. Severability. Should any one or more of the provisions of this Agreement be determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of this agreement shall not in any way be impaired or affected. h. Venue. The parties agree that, for purposes of any dispute in connection with this Agreement, the Muskegon County District or Circuit Court shall have exclusive personal and subject matter jurisdiction and venue. i. Survival. All representations, warranties, and covenants in this Agreement shall survive the signing of this Agreement. City and Contractor have executed this Agreement on the date written next to their signatures to be effective according to the term(s) stated in this document. City- Date: ,2021 CITY OF MUSKEGON By: Stephen P. Gawron Mayor And: Ann Marie Meisch, MMC City Clerk Contractor- Date: ,2021 By: Kimi George Executive Director Community enCompass Community enCompass Temporary Staffing Service Agreement 6/1/21 – 10/31/21 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: June 22, 2021 Title: Special Event Fee Waiver-Rebel Road Submitted By: Leo Evans Department: Public Works Brief Summary: Child Abuse Council is seeking a Special Event Fee Waiver for Rebel Road on July 16-18, 2021. Detailed Summary: Rebel Road is moving to Hackley Park this year. They are asking their City fees be waived for 2021. Gathering an estimated cost for their event is difficult as it has multiple variables and their special event application has “possibly” written next to some equipment requests. The minimum estimated cost of their event is $9,700 ($1500 Hackley Park use fee for 3 days, $7,200 in Police Staff time (4 officers, $60/hr, total of 30 hours), and at least $1,000 in DPW fees (estimated costs for barricades and hydrant use; would be different if picnic tables are used.)) Due to Rebel Road not being on Hackley Park this year and the likelihood of motorcycles still parking on Western Ave, City staff will still need to: close Western Ave from Jefferson to 7th, provide Police Staff, extra Social District security personnel, portable restrooms, picnic tables, extra trash cans, staff to empty trash cans, rent a dumpster, etc. The estimated cost of the closing and maintenance of Western Ave is $27,590 ($16,200 in Police Staff time (9 officers, $60/hr, 30 hours), $1,140 in extra security personnel (2 staff members, $19/hr, 30 hours), $2,500 for portable restrooms, $7,000 in DPW fees (barricading streets, moving picnic tables, 2 staff members during the event to handle trash), and $750 for dumpster rental and emptying during the event. Staff has increasing the social district sticker cost for this event and charging food trucks to be able to park on Western Ave to help the restaurants with the volume. This being the first year with the social district, we are unable to determine an estimated revenue at this time. Amount Requested: Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To approve the request in part from the Child Abuse Council and waive up to $5,000 in Special Event Fees for Rebel Road. 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: June 22, 2021 Title: Special Event Fee Waiver-Health West Submitted By: Leo Evans Department: Public Works Brief Summary: Health West is seeking a Special Event Fee Waiver for their free community health and wellness resource fair on August 19, 2021. Detailed Summary: Health West is holding a free community health and wellness resource fair that includes a pre-packed lunch, exhibitor booths, live music, kids’ activities, and giveaways. They are asking their City fees be waived for 2021. Based on the needs of their event, the estimated cost of their event is $600 ($500 Hackley Park user fee and $100 application fee.) Amount Requested: Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: Approve/approve in part/deny the request from Health West to waive $600 in special event fees for their health and wellness resource fair. 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: 6/22/21 Title: Muskegon Social Equity Program Grants/Loans Submitted By: Mike Franzak Department: Planning Brief Summary: Request to approve the proposed grants/loans as part of the Muskegon Social Equity Program Detailed Summary: Amount Requested: Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To approve the proposed grants/loans as part of the Muskegon Social Equity Program Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: MSEP Grants/Loans Educational/Training Scholarship Eligibility: Applicants must be residents of the City and have had a previous low-level marihuana conviction to be eligible. Applicants may receive up to $5,000 in educational scholarships. The educational costs (i.e. tuition, job skills training) will be paid with grant funds upon completion of courses/training. Applicants must have filed a Free Application Federal Student Aid and received eligible federal aid, this scholarship will cover any remaining balance. The applicant must pass the course to be eligible for reimbursement. Business Start-Up Grant Eligibility: Applicants must have had a previous low-level marihuana conviction to be eligible. Applicants may receive up to $5,000 in assistance towards soft costs (i.e. business plan development, architecture fees, engineered drawings, formative business documents, business training courses, etc.) associated with opening a business in the City. The grant will be paid by reimbursement after the applicant provides receipt of payment for the soft costs. Business Loan Eligibility: Applicants must be residents of the City and have had a previous low-level marihuana conviction to be eligible. Applicants may receive interest-free gap loans up to $25,000 to supplement traditional financing with a third party. All loans must be paid back within 60 months. Marihuana Equipment Grant Eligibility: Applicants must have had a previous low-level marihuana conviction or be designated as a social equity applicant by the State of Michigan to be eligible. Applicants may receive up to $10,000 in assistance towards equipment (i.e. growing equipment, office needs) necessary to operate a marihuana facility in the City. The grant will be paid by reimbursement after the applicant provides receipt of payment for the equipment and after the equipment is installed in an approved marihuana location. Marihuana License Grant Eligibility: Applicants must be residents of the City and designated as a social equity applicant by the State of Michigan. Applicants may receive up to $10,000 in assistance for the fees associated with obtaining a local or state marihuana license. For local application fees, a credit will be given to the applicant, waiving the $5,000 application fee (fee waived for first year only). For State license fees, the grant will be paid by reimbursement after the applicant provides receipt of payment for the State application fee. * To be designated as a social equity applicant by the State of Michigan, an individual must meet one of the following criteria: • Residency – Residency in a disproportionately impacted community for at least 5 cumulative years within the past 10 years. • Marihuana Conviction – Conviction of a marihuana related offense. • Caregiver Status – Registration as a primary caregiver under the Michigan Medical Marihuana Act. Muskegon Social Equity Program Grant & Loan Application Contact Information Applicant Name: Address: Phone Number: Email: Select one of the following programs and provide the information requested. Educational/Training Scholarship Describe your previous low-level marihuana conviction (including date of conviction): Name of College/University/Training Program: Course/Training Title Credit Cost of Tuition Begin Date End Date Hours Total Cost: Amount of Federal Aid: Total Cost after Federal Aid applied: Business Start-Up Grant Describe your previous low-level marihuana conviction (including date of conviction): Describe your proposed business (including proposed location): Describe the soft costs associated with opening your proposed business for which you seek to be reimbursed. Item: Cost: Total Cost: Business Start-Up Loan Describe your previous low-level marihuana conviction (including date of conviction): Describe your proposed business (including proposed location): Amount of Loan Requested (not to exceed $25,000): Duration of Loan Requested (not to exceed 60 months): Describe the need for funding and how the loan will be used: This loan must be used in conjunction with traditional financing. Describe what other methods of financing are being used to fund the project. Marihuana Equipment Grant Describe your previous low-level marihuana conviction (including date of conviction) or provide your designation as a social equity applicant by the State of Michigan: Describe your proposed business (including proposed location): Grant Amount Requested (not to exceed $10,000): Describe the need for funding and how the grant will be used: Equipment Item: Cost Total Cost: Marihuana License Grant Describe your previous low-level marihuana conviction (including date of conviction) or provide your designation as a social equity applicant by the State of Michigan: Describe your proposed business (including proposed location): Grant Amount Requested (not to exceed $10,000): Describe the need for funding and how the grant will be used:
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