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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 14, 2022 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS, AWARDS, AND PRESENTATIONS:
A. Juneteenth Independence Day Resolution City Commission
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Fair Housing Services Agreement Community & Neighborhood
Services
C. 1761 Clinton – House Move City Manager
D. CSX Salvage Plan City Manager
E. MDOT Agreement for Terrace Street Public Works
F. Arena Roof Lease and Power Purchase Agreement Public Works
G. City of Muskegon Housing Study and Needs Assessment Firm
Recommendation Development Services
H. Sanitation Fee Resolution Finance
I. Beach Parking – Neighboring Community Proposal City Manager
J. Request to Fly Juneteenth Flag City Clerk
□ PUBLIC HEARINGS:
A. FY 2022-2023 Budget Transmittal Finance
□ UNFINISHED BUSINESS:
Page 1 of 2
□ NEW BUSINESS:
A. Concession Agreement – B & S Bikes Public Works
B. Rezoning 930 W. Sherman Planning
C. Zoning Ordinance Amendment – Height Overlay District Planning
D. West Urban ARP Agreement Amendment Development
Services/Economic Development
E. West Urban PILOT Agreement Amendment Development
Services/Economic Development
F. Sale – 1375 James, 1284 James, 1057 Leonard, 1067 Leonard, 1077
Leonard, 1087 Leonard Planning
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
CITY OF MUSKEGON HONORING JUNETEENTH NATIONAL INDEPENDENCE DAY
RESOLUTION
WHEREAS, the United State of America formally recognized Juneteenth, celebrated on June
19, as a federal holiday with the signing of the Juneteenth National Independence Day
Act on June 17, 2021, commemorating the emancipation of enslaved African
Americans; and
WHEREAS, news of the end of slavery did not reach the frontier areas of the United States, in
particular the State of Texas and the other southwestern states, until months after the
conclusion of the Civil War, more than 2½ years after President Abraham Lincoln issued
the Emancipation Proclamation on January 1, 1863; and
WHEREAS, on June 19, 1865, Union soldiers, led by Major General Gordon Granger, arrived
in Galveston, Texas, with news that the Civil War had ended and that more than 200,000
enslaved African Americans were finally free; and
WHEREAS, African Americans who had been slaves in the Southwest celebrated June 19,
commonly known as “Juneteenth Independence Day”, as inspiration and encouragement
for future generations; and
WHEREAS, African Americans from the Southwest have continued the tradition of observing
Juneteenth Independence Day for over 150 years; and
WHEREAS, 45 States and the District of Columbia have designated Juneteenth Independence
Day as a special day of observance in recognition of the emancipation of all slaves in the
United States; and
WHEREAS, Juneteenth Independence Day celebrations have been held to honor African
American freedom while encouraging self-development and respect for all cultures; and
WHEREAS, the faith and strength of character demonstrated by former slaves and the
descendants of former slaves, along with their great many contributions to America,
remain an example for all people of the United States and around the world, regardless of
background, religion, or race; and
WHEREAS, slavery was not officially abolished until the ratification of the 13th Amendment to
the Constitution of the United States in December 1865; and
WHEREAS, over the course of its history, the United States has grown into a symbol of
democracy and freedom around the world; and
WHEREAS, Juneteenth Independence Day provides an opportunity for Muskegon residents
and all Americans to learn more about the past and to better understand the
experiences that have shaped the United States; and recognizes that the observance of
the end of slavery is part of the history and heritage of the United States of America.
NOW, THEREFORE, BE IT RESOLVED that the City Commission for the City of Muskegon
respectfully honors and acknowledges the 19th day of June as Juneteenth National
Independence Day.
The foregoing Resolution was offered by Vice Mayor Willie German, Jr. and supported by
Commissioner _____________, and same was duly passed at a general session of the City of
Muskegon City Commission, with the vote as follows:
Yeas:
Nays:
Absent:
CERTIFICATION
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 14, 2022.
By: _____________________
Kenneth D. Johnson
Mayor
By: _____________________
Ann Marie Meisch, MMC
Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 14, 2022 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the May 9, 2022 Work Session Meeting and May 10,
2022 Regular Meeting.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, May 9, 2022
5:30 p.m.
City Commission Chambers
933 Terrace Street, Muskegon, MI 49440
MINUTES
2019-41
Present: Mayor Johnson, Vice Mayor German, Commissioners Gorman, St.Clair, Hood,
and Ramsey
Absent: Commissioner Emory
eScribe Meeting Manager Software Demo
Blair MacDonald, Representative from eScribe provided a brief overview and
demonstration of the eScribe product that the City Clerk’s Office intends to enter into an
agreement with for Agenda Management software.
The core of eScribe’s end-to-end meeting management solution, Meeting Manager,
optimizes the creation of agendas, minutes, and action lists while providing a flexible
platform for adding further eScribe functionality. Meeting Manager streamlines and
automates tasks before, during, and after meetings, with unlimited customizable
templates and user-configurable workflows.
Currently the city uses manual processes to prepare and publish agendas, packets,
and minutes. The process can be very time consuming and requires multiple steps.
The eScribe product puts the responsibility for agenda items in the hand of
departments. It’s easy to edit agenda items and re-organize them with single drag-
and-drop. Pre-populating minutes during the meeting also saves time. eScribe also
offers multiple add-on modules which may be beneficial to the City at a later date.
HOME American Rescue Plan (ARP)
HUD has awarded the City of Muskegon HOME ARP funds in addition to our regular
FY2021 HOME formula allocation. These funds are to be used (one-time) to create a
significant opportunity to meet the housing and service needs of our community’s most
vulnerable population.
CNS proposes to use these funds to provide resources to youth at risk of
homelessness (under the age of 18) who are struggling to have shelter/housing, lack
of mentors and health services. Support the development of non-congregate shelter
for those identified as uncovered youth.
In addition, partnering agencies within the county of Muskegon will assist with
resources to offset immediate housing stabilization. CNS is proposing the purchase
of existing Rental Housing units within our community in order to mandate HUD
HOME rents to those identified as homeless in our community- individuals or
families assessed and counted as eligible through our Muskegon Continuum of
Care.
Lastly, these HOME funds will continue to supply the housing market with Affordable
housing choices to those who income qualify to purchase. This process is faster with
existing properties within our county and HOME allocation funds.
This item will appear on the Tuesday, May 10, 2022 Agenda for consideration.
Shoreline Drive Traffic Study
Staff solicited proposals from engineering firms to provide comprehensive traffic
engineering services related to conceptual development, design, and traffic study
completion for a pilot road diet on Shoreline Drive.
Staff is requesting to award the engineering services agreement to the highest scoring
firm (Progressive AE) Firm Score
Hubbell, Roth & Clark 745
Progressive AE 755
Staff scored the proposals using Qualifications Based Rowe PSC 735
Selection criteria to ensure we were selecting the best Spalding DeDecker 710
partner for this important project. The scoring showed
Progressive AE as the leading firm, and staff recommends contracting with them based
on their proposal and their history of service. Progressive AE has provided admirable
engineering services for the City of Muskegon in the past, including on previous traffic
engineering projects in the area in particular for the development of the Convention
Center. A summary score table is shown.
This item will appear on the Tuesday, May 10, 2022 Agenda for consideration.
Excise Tax Allocation
The City received $112,000 in marihuana excise tax revenue in 2021 and we will be
receiving $451,628 in 2022. Staff has prepared a spreadsheet that explains 2021
expenditures and proposed 2022 expenditures.
This item will appear on the Tuesday, May 10, 2022 Agenda for consideration.
3rd Quarter Reforecast
At this time staff is asking for approval of the 3rd Quarter Budget Reforecast for the
FY2021-22 budget year as presented.
The Finance Department has adjusted numerous accounts, some of the notable
changes in revenue are as follows:
We have seen a modest increase in Property Tax & Property Tax Sanitation collections
through the 3rd Quarter. Revenue projections are up over $200,000 from the original
budget.
Revenue projections from our Inspections which includes building, electrical, and
heating are down $72,000 from the original budget.
The Marihuana excise tax payment was significantly larger than expected. This year’s
payment was $451,627 compared to our first payment of $112,005. This revenue is in
our State Grant fund 101-00000-4400.
Miscellaneous & Sundry revenue 101-00000-4800 is up significantly due to a one-time
overpayment correction.
101-00000-4904 represents ARPA money coming into the General Fund.
Some of the notable changes in expenses are as follows:
The Police budget was raised by almost $400,000 primarily due to salary increases,
retirements, and comp payouts.
This 3rd Quarter reforecast reflects the $2,668,933 that the Commission approved to
transfer to the Convention Center from the General Fund.
The Central Dispatch Capital Project expenditure number has been lowered from
$1,100,000 to $289,176, this project is now complete.
Changes specific to Mercy Health Arena – revenues are projected to be up more than
$1.2 million than the original budget. However, almost $650,000 of the revenue is
coming from Carlisle’s for reimbursement of the buildout.
We had to increase revenue projections on quite a few line items for the Arena.
Water and Sewer Funds also have adjustments. The Sewer Fund had some minor
revenue increases. We are reducing Muskegon County Wastewater Treatment costs to
$5,000,000 based on the current projections. The original budgeted for 20/21 was
$6,000,000 and then was reduced to $5,500,000 in the 1st quarter.
The Water & Sewer Maintenance Depart (60559) had to have its budget increased by
$130,000 primarily due to salaries and supply costs.
We had to lower our Wholesale Water revenue projections by $400,000 and are behind
last year’s pace, this is a more realistic number.
This item will appear on the Tuesday, May 10, 2022 Agenda for consideration.
Public Comment: Public comments were received.
Adjournment: The City Commission meeting adjourned at 8:02 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 10, 2022 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, May 10, 2022.
Sister Agnes Mary, St. Michael the Archangel Catholic Church, opened the
meeting with prayer, after which the Commission and public recited the Pledge
of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Ken Johnson, Vice Mayor Willie German, Jr., Commissioners, Eric
Hood, Teresa Emory, Rachel Gorman, Rebecca St.Clair, and Michael Ramsey
Interim City Manager LeighAnn Mikesell, City Attorney John Schrier, and City
Clerk Ann Meisch.
PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received.
2022-42 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the April 11, 2022
Worksession, April 12, 2022 Regular meeting, and April 15, 2022 Special Goal
Setting meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Analysis of Impediments Community and Neighborhood Services
SUMMARY OF REQUEST: Every year, the Department of Housing and Urban
Development (HUD) reviews grantees to assess fair housing priorities and goals.
An Analysis and Impediments Study is to further Fair Housing Choice which is
required by all Community Development Block Grant recipients every 5 years.
The study will encompass a complete review of patterns of
integration/segregation, racial disparity or concentrated areas of poverty,
disparity of choice, ethical practice of lenders, policies/ordinances that create
housing needs to minority and disadvantaged citizens of the grantee’s
community.
Page 1 of 10
The cities of Muskegon, Muskegon Heights, and Norton Shores are partnering
within the county of Muskegon to accept the proposal from RKG Associates and
enter into an agreement with them to conduct an Analysis of Impediment (AI)
Study.
It is necessary to initiate an Analysis of Impediment Study to further Fair Housing
Choice within the cities of Muskegon, Muskegon Heights, and Norton Shores. The
Study will evaluate, monitor, and address any Fair Housing issues and
resolve/promote housing choice within our communities as required. The costs of
the $110,000 will be split between three municipalities.
AMOUNT REQUESTED: $36,666.67 AMOUNT BUDGETED: $40,000
FUND OR ACCOUNT: CDBG-CV
STAFF RECOMMENDATION: Authorize the CNS department to enter into
agreement with partnering cities of Muskegon Heights and Norton Shores to hire
RKG Associates to complete the Analysis of Impediments Study for the City of
Muskegon.
C. DDA Liquor License – 451 W Western Planning
SUMMARY OF REQUEST: Hissom Restaurant Group, LLC is requesting a
Downtown Development Authority On-Premise Liquor License for the building at
451 W Western Avenue. The Liquor Control Commission allows for additional
liquor licenses within Downtown Development Authority Districts under certain
conditions.
STAFF RECOMMENDATION: To approve the request for a Downtown
Development Authority On-Premise Liquor License for the building at 451 W
Western Avenue.
F. Concession Agreement – So Ridiculously Delicious Public Works
SUMMARY OF REQUEST: Staff is asking permission to enter into a contractual
agreement with Alisa Jordan of “So Ridiculously Delicious” at Reese Park. “So
Ridiculously Delicious” operated last year at the park with no issues, and Ms.
Jordan has proposed to provide the same service again this year. Fees to the
City for the concession would be $250.00 plus 5% of Gross Receipts. Staff will
confirm an updated food service license before allowing the concession to
operate this year.
STAFF RECOMMENDATION: Authorize staff to enter into a Concession
Agreement with Alisa Jordan of “So Ridiculously Delicious” at Reese park for
2022.
I. Street Vacations – Larch Avenue and Clinton Street Planning
SUMMARY OF REQUEST: Staff initiated request to vacate Larch Avenue east of
Peck Street and west of Leahy Street and to also vacate Clinton Street south of
Larch Avenue and north of Laketon Avenue. The Planning Commission
Page 2 of 10
unanimously recommended vacation of the streets at their April meeting.
STAFF RECOMMENDATION: To approve the request to vacate Larch Avenue
east of Peck Street and west of Leahy Street and also to vacate Clinton Street
south of Larch Avenue and north of Laketon Avenue.
J. Sale – 1375 James Street Planning – REMOVED PER STAFF REQUEST
K. eScribe Meeting Manager Software Clerk – REMOVED PER STAFF REQUEST
Motion by Commissioner Gorman, second by Commissioner Ramsey, to accept
the consent agenda as presented, minus item D, E, G, and H.
ROLL VOTE: Ayes: Gorman, Emory, St.Clair, Johnson, Hood, Ramsey, and
German
Nays: None
MOTION PASSES
2022-43 REMOVED FROM CONSENT AGENDA:
D. Sale – 535 Yuba Street Planning
SUMMARY OF REQUEST: City staff is seeking authorization to sell the City owned
vacant lot at 535 Yuba Street to James E. Locke, Jr. Mr. Locke would like to
purchase the City owned buildable lot at 535 Yuba Street for $2,400 (74% of the
True Cash Value of $3,200) plus half of the closing costs and the fee to register
the deed. Mr. Locke will be constructing a single-family home on the property.
STAFF RECOMMENDATION: Authorize the Code Coordinator to complete the
sale of 535 Yuba Street, as described in the purchase agreement, and to have
the Mayor and Clerk sign the purchase agreement and deed.
Motion by Vice Mayor German, second by Commissioner Gorman, to authorize
the Code Coordinator to complete the sale of 535 Yuba Street, as described in
the purchase agreement, and to have the Mayor and Clerk sign the purchase
agreement and deed.
ROLL VOTE: Ayes: Emory, St.Clair, Johnson, Hood, Ramsey, German, and
Gorman
Nays: None
MOTION PASSES
E. Shoreline Drive Engineering Services Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to approve a
Professional Services Agreement with Progressive AE to provide traffic
engineering services for a pilot road diet and traffic study on Shoreline Drive.
Page 3 of 10
Staff solicited proposals from engineering firms to provide comprehensive traffic
engineering services related to conceptual development, design, and traffic
study completion for a pilot road diet on Shoreline Drive.
Staff is requesting to award the engineering services agreement to the highest
scoring firm (Progressive AE) Firm Score
Hubbell, Roth & Clark 745
Progressive AE 755
Staff scored the proposals using Rowe PSC 735
Qualifications Based Selection criteria to Spalding DeDecker 710
ensure we were selecting the best partner
for this important project. The scoring showed Progressive AE as the leading firm,
and staff recommends contracting with them based on their proposal and their
history of service. Progressive AE has provided admirable engineering services
for the City of Muskegon in the past, including on previous traffic engineering
projects in the area in particular for the development of the Convention Center.
A summary score table is shown.
AMOUNT REQUESTED: AMOUNT BUDGETED:
$49,090 $15,000 (21/22)
$100,000 (22/23 – proposed)
STAFF RECOMMENDATION: Authorize staff to sign a professional services
agreement with Progressive AE in an amount of $49,090 to provide traffic
engineering services for the development and study of the pilot road diet on
Shoreline Drive.
Motion by Vice Mayor German, second by Commissioner Gorman, to authorize
staff to sign a professional services agreement with Progressive AE in an amount
of $49,090 to provide traffic engineering services for the development and study
of the pilot road diet on Shoreline Drive.
ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, Gorman, and Emory
Nays: German
MOTION PASSES
G. Concession Agreement – Michigan Lighthouse Conservancy Public
Works
SUMMARY OF REQUEST: Staff is asking permission to enter into a 3-year
contractual agreement with Erin Vorgias of the Michigan Lighthouse
Conservancy – Muskegon Lights Branch to operate a gift shop and to support
the tour operations in the chalet at Pere Marquette Park.
Page 4 of 10
Staff is asking permission to enter into a Concession Agreement from May 10,
2022 – May 10, 2025 with Erin Vorgias of the Michigan Lighthouse Conservancy –
Muskegon Lights Branch. Ms. Vorgias has proposed to operate a gift shop and
support facility for their tour operations in the chalet at Pere Marquette Park
MLC is proposing to pay the standard $1,000 annual fee to the city for the right
to use the facility, but is asking for the standard 5% of gross receipts to be
waived to help support the capital fundraising goals of the 501c3 organization
as they work to secure funds for need repairs at the lights.
STAFF RECOMMENDATION: Authorize staff to enter into a 3-year Concession
Agreement with Erin Vorgias of the Michigan Lighthouse Conservancy for use of
the chalet at Pere Marquette Park.
1st Motion - Motion by Commissioner Emory, second by Vice Mayor German, to
authorize staff to enter into a 3-year Concession Agreement with Erin Vorgias of
the Michigan Lighthouse Conservancy for use of the chalet at Pere Marquette
Park and to waive the Annual Fee as well as the percentage of gross receipts.
2nd Motion - Motion by Commissioner Hood, second by Commissioner Ramsey,
to table this item until May 24, 2022.
ROLL VOTE: Ayes: Hood, Ramsey, German, Gorman, Emory, St.Clair, and
Johnson
Nays: None
MOTION PASSES
H. Sale – 523 Yuba Street Planning
SUMMARY OF REQUEST: City staff is seeking authorization to amend the City
Commission approved purchase agreement from the April 12, 2022, meeting to
add one additional City owned vacant lot to Stephens Homes and Investments
LLC purchase.
Stephens Homes and Investments LLC will be constructing one single family
home on this additional lot owned by the City of Muskegon. The property is
zoned R-1 (Single Family Residential). This will be sold for 75% of the True Cash
Value (TCV) per policy. The selling price for this lot will be $2,400. The property is
located in the Brownfield Development area. This property will be added to the
other nine following the requirement that a home will also be constructed within
twenty-four (24) months.
STAFF RECOMMENDATION: Authorize the Code Coordinator to work with the
developer and complete the sale of this additional city owned buildable lot as
described and to have the Mayor and Clerk sign the deed.
Motion by Vice Mayor German, second by Commissioner St.Clair, to authorize
the Code Coordinator to work with the developer and complete the sale of this
additional City owned buildable lot as described and to have the Mayor and
Page 5 of 10
Clerk sign the deed.
ROLL VOTE: Ayes: Ramsey, German, Gorman, Emory, St.Clair, Johnson, and
Hood
Nays: None
MOTION PASSES
2022-44 PUBLIC HEARINGS:
A. Commercial Rehabilitation Certificate – 130 E Apple Avenue Planning
SUMMARY OF REQUEST: Pursuant to Public Act 210 of 2005, as amended, The
Forrest Group of West Michigan LLC has requested the issuance of a
Commercial Rehabilitation Certificate at 130 E. Apple Avenue.
The Certificate will freeze the taxable value of the building and exempt the new
real property investment from local taxes. The school operating tax and the
State Education Tax (SET) are still levied on the new investment. Land and
personal property cannot be abated under this act. The City Commission
approved the creation of the Commercial Rehabilitation District at its March 8
meeting. The estimated cost of rehabilitation is $300,000. The tax incentive
committee has recommended an abatement duration of three (3) years.
STAFF RECOMMENDATION: To approve the issuance of a Commercial
Rehabilitation Certificate at 130 E Apple Avenue for a duration of three (3)
years.
PUBLIC HEARING COMMENCED: No public comments received.
Motion by Commissioner Ramsey, second by Commissioner Hood, to close the
public hearing and approve the issuance of a Commercial Rehabilitation
Certificate at 130 E Apple Avenue for a duration of five (5) years.
ROLL VOTE: Ayes: German, Gorman, Emory, St.Clair, Johnson, Hood, and
Ramsey
Nays: None
MOTION PASSES
B. HOME American Rescue Plan (ARP) Hearing Community and
Neighborhood Services
SUMMARY OF REQUEST: HUD has awarded the City of Muskegon HOME ARP
funds in addition to our regular FY2021 HOME formula allocation. These funds are
to be used (one-time) to create a significant opportunity to meet the housing
and service needs of our community’s most vulnerable population.
CNS proposes to use these funds to provide resources to youth at risk of
homelessness (under the age of 18) who are struggling to have shelter/housing,
lack of mentors and health services. Support the development of non-
Page 6 of 10
congregate shelter for those identified as uncovered youth.
In addition, partnering agencies within the county of Muskegon will assist with
resources to offset immediate housing stabilization. CNS is proposing the
purchase of existing Rental Housing units within our community in order to
mandate HUD HOME rents to those identified as homeless in our community-
individuals or families assessed and counted as eligible through our Muskegon
Continuum of Care.
Lastly, these HOME funds will continue to supply the housing market with
Affordable housing choices to those who income qualify to purchase. This
process is faster with existing properties within our county and HOME allocation
funds.
AMOUNT REQUESTED: $1,035,512.50 AMOUNT BUDGETED: $1,218,250.00
FUND OR ACCOUNT: HOME ARP
STAFF RECOMMENDATION: Authorize CNS to submit the proposed project(s)
selections itemized within this request: Youth Services and Employment,
Affordable Rental and Homeownership Housing opportunities.
PUBLIC HEARING COMMENCED:
Rachel Zaragoza with MAISD, homeless youth coordinator for our region of the
state, spoke in support of providing funds for homeless students.
Nicole Darcy, homeless liaison with Muskegon Public Schools, spoke in support of
providing support of providing funds for homeless students.
Chauncey Williams, representing Muskegon Public Schools as the K-12 Career
and College facilitator, spoke in favor of a program supporting homeless
students.
Diane Foster, 135 Ottawa, spoke in favor of the program and thinks we should
increase the age limit to 18.
LaShonda Young, 11886 Heights Ravenna Road, spoke about her experience
and in support of a program to support homeless youth.
Brenda Frierson-Grider, 1081 Green, spoke about her person experience and
supports a program for homeless youth.
Motion by Commissioner Ramsey, second by Commissioner St.Clair, to close the
public hearing and authorize CNS to submit the proposed project(s) selections
itemized within this request: Youth Services and Employment, Affordable Rental
and Homeownership Housing opportunities.
ROLL VOTE: Ayes: Gorman, Emory, St.Clair, Johnson, Hood, Ramsey, and
German
Nays: None
Page 7 of 10
MOTION PASSES
2022-45 NEW BUSINESS:
A. Housing Board of Appeals Demolitions Public Safety
1969 Kinsey Street
2123 Henry Street (Garage only)
SUMMARY OF REQUEST: The Housing Board of Appeals approved the demolition
of 1969 Kinsey and 2123 Henry Street (garage only).
This is to request that the City Commission concur with the finding of the Housing
Board of Appeals that the structures located at 1969 Kinsey and 2123 Henry
Street (garage only), are unsafe, substandard, a public nuisance a that they be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder or staff may issue infraction tickets to the
owner, agent, or responsible party if they do not demolish the structure.
FUND OR ACCOUNT: 101-80387-5356
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals to
demolish 1969 Kinsey and 2123 Henry Street (garage only) and approval from
commission to accept bids on this demolition.
First Motion - Motion by Commissioner Ramsey, second by Commissioner
Gorman, to concur with the Housing Board of Appeals to demolish 1969 Kinsey
and approval from the City Commission to accept bids on this demolition.
ROLL VOTE: Ayes: Emory, St.Clair, Johnson, Hood, Ramsey, German, and
Gorman
Nays: None
MOTION PASSES
Second Motion - Motion by Commissioner Ramsey, second by Commissioner
Hood, to concur with the Housing Board of Appeals to demolish 2123 Henry
(garage only) and approval from the City Commission to accept bids on this
demolition.
ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, German, Gorman, and
Emory
Nays: None
MOTION PASSES
B. 3rd Quarter Reforecast Finance
SUMMARY OF REQUEST: At this time staff is asking for approval of the 3rd Quarter
Page 8 of 10
Budget Reforecast for FY 2021-22 budget year as presented.
The Finance Department has adjusted numerous accounts, some of the notable
changes in revenue are as follows:
We have seen a modest increase in Property Tax & Property Tax Sanitation
collections through the 3rd Quarter. Revenue projections are up over $200,000
from the original budget.
Revenue projections from our Inspections which includes building, electrical,
and heating are down $72,000 from the original budget.
The Marihuana excise tax payment was significantly larger than expected. This
year’s payment was $451,627 compared to our first payment of $112,005. This
revenue is in our State Grant fund 101-00000-4400.
Miscellaneous & Sundry revenue 101-00000-4800 is up significantly due to a one-
time overpayment correction.
101-00000-4904 represents ARPA money coming into the General Fund.
Some of the notable changes in expenses are as follows:
The Police budget was raised by almost $400,000 primarily due to salary
increases, retirements, and comp payouts.
This 3rd Quarter reforecast reflects the $2,668,933 that the Commission approved
to transfer to the Convention Center from the General Fund.
The Central Dispatch Capital Project expenditure number has been lowered
from $1,100,000 to $289,176, this project is now complete.
Changes specific to Mercy Health Arena – revenues are projected to be up
more than $1.2 million than the original budget. However, almost $650,000 of the
revenue is coming from Carlisle’s for reimbursement of the buildout.
We had to increase revenue projections on quite a few line items for the Arena.
Water and Sewer Funds also have adjustments. The Sewer Fund had some minor
revenue increases. We are reducing Muskegon County Wastewater Treatment
costs to $5,000,000 based on the current projections. The original budgeted for
20/21 was $6,000,000 and then was reduced to $5,500,000 in the 1st quarter.
The Water & Sewer Maintenance Depart (60559) had to have its budget
increased by $130,000 primarily due to salaries and supply costs.
We had to lower our Wholesale Water revenue projections by $400,000 and are
behind last year’s pace, this is a more realistic number.
STAFF RECOMMENDATION: To approve the 3rd Quarter FY2021-22 Budget
Reforecast as presented.
Motion by Commissioner Ramsey, second by Commissioner Emory, to approve
the 3rd Quarter FY2021-22 Budget Reforecast as presented.
Page 9 of 10
ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, German, Gorman, and
Emory
Nays: None
MOTION PASSES
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were
received.
ADJOURNMENT: The City Commission meeting adjourned at 7:35 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
Page 10 of 10
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: Title: Fair Housing Services Agreement
June 14, 2022
Submitted By: Oneata Bailey Department: CNS
Brief Summary: The cities of Muskegon, Muskegon Heights and Norton Shores are currently in
agreement with the Fair Housing Center of West Michigan(FHCWM) that ends June 30, 2022. The
work that is performed by FHCWM is vital to show that we are furthering further fair housing initiatives
in our community/region.
The proposed agreement will continue to offer education, testing, trainings and reports of each
community’s practice and inquiries received of fair housing complaints. The 3 –year agreement will
begin July 1, 2022 and expire June 20, 2025.
Please see proposed agreement and attachment.
Amount Requested: $28,620.00 Amount Budgeted: $182,578.00
Fund(s) or Account(s): CDBG Fund(s) or Account(s): FY22 CDBG
Recommended Motion: To approve the partnership agreement with FHCWM for the
furtherance of fair housing in Muskegon.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
=
FAIR HOUSING SERVICES AGREEMENT 2022-2025
Fair Housing Center of West Michigan
Fair Housing Center of West Michigan (hereinafter the “FHCWM”), a Michigan non-profit
corporation with its principal offices located at 20 Hall Street SE, Grand Rapids, MI 49507, hereby
proposes to provide fair housing services to the Cities of Muskegon, Muskegon Heights and Norton
Shores (hereinafter the “Cities”). FHCWM and the Cities may collectively be called the “Parties”.
I. PURPOSE
The purpose of these services is to decrease impediments to housing choice and to promote open,
diverse communities based on the provisions of the federal Fair Housing Act and relevant state and local
fair housing laws.
II. TERM
The FHCWM proposes to provide the services during the three-year period that begins on July 1, 2022
and ends on June 30, 2025, as outlined below.
III. AGREEMENT ACTIVITIES AND DEFINITIONS
A. Education and Outreach. The FHCWM will conduct an ongoing community outreach program
throughout the Cities to educate housing consumers, professionals and the general public
concerning fair housing. The FHCWM will complete a minimum of 15 hours of education and
outreach activities per year throughout the Cities.
i. As part of a comprehensive, regional program, the FHCWM will disseminate fair housing
information to housing consumers and housing/human service agencies in order to educate
about housing rights and to increase awareness and reporting of discriminatory practices.
ii. The FHCWM will also provide fair housing information to sales, rental, and lending
professionals in order to encourage their voluntary compliance with federal, state and local
fair housing laws.
iii. The FHCWM will disseminate materials on a community-wide basis in order to promote
understanding of fair housing and the benefits thereof, and to increase general public
awareness regarding equal access to housing opportunity. Such services will include the
provision of formal fair housing training upon request.
iv. The FHCWM will also provide technical assistance to the staff of the Cities in response to
any and all questions regarding unlawful housing discrimination or fair housing practices.
B. Complaint Investigation.
i. The FHCWM will receive, review, investigate and process all real and potential complaints
of unlawful housing discrimination involving people and/or properties located within the
Cities which the FHCWM may receive from residents of any of the Cities, a person wishing
to reside in any of the Cities, or any other source during the Term defined in this proposal.
ii. The FHCWM may independently initiate and implement systemic investigations, market
reviews, case development, management and conciliation in order to detect and remove
barriers to equal housing opportunity.
iii. In the absence of, or in addition to, an individual complainant, the FHCWM will initiate
enforcement action in those cases where evidence of potential discrimination exists, as
deemed necessary and appropriate at the sole discretion of the FHCWM.
C. Housing Tests. Testing is an investigative tool used to gather evidence. Testing is one way to
determine whether all housing consumers are being afforded the same information, service,
treatment, and access without regard to the characteristics protected by fair housing laws.
i. The FHCWM will conduct fair housing testing throughout the Term for the purpose of
obtaining credible and objective information about housing practices. This may include
Page 1 of 3
FAIR HOUSING SERVICES AGREEMENT 2022-2025
Fair Housing Center of West Michigan
testing in the areas of sales, rental, advertising, insurance, appraisal and/or financing of
housing, as deemed necessary and appropriate at the sole discretion of the FHCWM.
ii. The FHCWM will conduct a minimum of 15 fair housing test parts (at least 4 test parts per
City) per year involving people and/or property within any of the Cities.
iii. The fair housing tests will be based upon bona fide complaints, conducted on a survey basis,
or completed as part of a systemic investigation, with a focus on complaint-based testing.
iv. All housing testing will be conducted by trained testers according to generally-accepted
housing testing methodology.
v. In the absence of, or in addition to, an individual complainant, the FHCWM will initiate
enforcement action in those cases where evidence of potential discrimination exists, as
deemed necessary and appropriate at the sole discretion of the FHCWM.
D. Investigative Focus on Sales and Lending Discrimination. Based upon the results of the
investigative focus on sales and lending discrimination under previous contracts between the
parties, the FHCWM will continue to place an investigative emphasis on racial steering and
lending discrimination.
i. The FHCWM will build upon the investigations and analysis conducted under previous
contracts between the parties.
ii. The FHCWM’s investigative focus will include but not be limited to the activities of market
research, review of available data, follow up on HMDA analysis already conducted, analysis
of additional HMDA data, sales testing and lending testing.
iii. All housing testing will be conducted by trained testers according to generally-accepted
housing testing methodology.
iv. The FHCWM will initiate enforcement action in those cases where evidence of potential
discrimination exists, as deemed necessary and appropriate at the sole discretion of the
FHCWM.
IV. REPORTING
The FHCWM will provide each municipality with program performance reports which contain
information regarding the activities carried out and the results of those activities. Reports will be
submitted bi-annually, within 15 days after the conclusion of each six-month reporting period. The
FHCWM will forward the reports to each of the municipalities by January 15, 2023, July 15, 2023,
January 15, 2024, July 15, 2024, January 15, 2025 and July 15, 2025. The complaint and testing
activities will be reported by municipality.
IV. COMPENSATION
For the performance of the activities under this Agreement, the Cities hereby agree to pay the FHCWM
the total amount of $54,000.00 (FIFTY-FOUR THOUSAND DOLLARS) throughout the three-year
Term of the contract per the schedule in Attachment A. The total amounts are subject to change if
funding sources substantially diminish or increase from HUD and/or other funding sources arise to
substantially cover the Muskegon County area. However, such modifications must be proposed at least
30 days prior to their effective date, mutually agreed upon by all parties, and incorporated into written
amendments to this contract. Under no circumstances will compensation be reduced for work or
services provided pursuant to this Contract that have been performed in a timely and satisfactory
manner.
Page 2 of 3
FAIR HOUSING SERVICES AGREEMENT 2022-2025
Fair Housing Center of West Michigan
V. CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT
The persons signing this Agreement on behalf of the Cities, County and FHCWM hereto certify by said
signatures that they are duly authorized to sign this Agreement.
VI. APPROVAL AND SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above
written.
CITY OF MUSKEGON
By: Date:
CITY OF MUSKEGON HEIGHTS
By: Date:
CITY OF NORTON SHORES
By: Date:
FAIR HOUSING CENTER OF WEST MICHIGAN
By: Date:
Nancy Haynes, Executive Director
Page 3 of 3
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 14, 2021 Title: 1761 Clinton House Move
Submitted By: LeighAnn Mikesell Department: City Manager
Brief Summary: City staff was approached by the Muskegon Public School District with a proposal
to obtain the house located at 1761 Clinton Street on the campus for the new middle school and
move the home to a city owned vacant lot in an adjacent neighborhood. Staff is seeking approval
of the attached agreement and bill of sale.
Detailed Summary: The home was purchased by the school district, and the former owner has
moved. Staff have reviewed the structure and found it to be worth salvaging. A vacant lot at 1728
Terrace Street in the McLaughlin neighborhood was selected to minimize moving costs and keep
the home in a location that serves the neighborhood and school district. Estimated costs to move
and renovate the house are $173,000, and it is anticipated that the completed house will sell for
$180,000. The project will be included in our scattered site brownfield program and contribute to
the TIF capture funding other projects where the purchase price was less than the cost of
construction.
Amount Requested: $173,000 Amount Budgeted: $173,000 in FY 22/23
Fund(s) or Account(s): Public Improvement Fund(s) or Account(s): Public Improvement
Recommended Motion: to approve the agreement and bill of sale, authorize the mayor and clerk to
sign both and to authorize the city manager to expend up to $173,000 to move and renovate the
home.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
[DRAFT 5/20/22]
HOUSE REMOVAL AND RELOCATION AGREEMENT
This Agreement is made effective ______________, 2022, by Muskegon Public Schools
(formerly the School District of the City of Muskegon and the Public Schools of the City of Muskegon), a
Michigan general powers school district organized and operating under the Revised School Code, MCL
380.1, et seq., as amended, whose address is 1458 5th Street, Muskegon, Michigan 49441 (“MPS”), and
the City of Muskegon, a Michigan municipal corporation, whose address is 933 Terrace Street,
Muskegon, Michigan 49440 (“City”), (individually, a “Party” and collectively, the “Parties”) with
reference to the following facts:
Background
A. MPS owns the real property located at 1761 Clinton Street, Muskegon, Michigan 49442,
and as legally described on the attached Exhibit A (the “Premises”). A vacant residential structure sits on
the Premises (the “House”).
B. The Parties have agreed to collaborate to remove and relocate the House from its current
location on the Premises to another location within the City of Muskegon (the “Project”).
C. The Parties wish to enter into this Agreement to define the rights and responsibilities
regarding the Project.
Therefore, for good and valuable consideration, the Parties agree as follows:
1. House Removal and Relocation; Purchase Price. MPS and City acknowledge and
agree to City’s proposed removal and relocation of the House from its current location on the Premises to
another location determined by City. The purchase price for the House shall be $100.00, which City shall
pay to MPS promptly following the full execution of this Agreement.
2. Obligation to Remove. Following full execution of this Agreement, City and City’s
agents and contractors shall have the right to enter the Premises and the House in order to remove the
House and any contents within the House as of the date of this Agreement. City shall be solely
responsible for all costs and liability associated with or related to the removal and relocation of the House.
It shall be MPS’s sole responsibility to restore the condition of the Premises following City’s removal of
the House. City agrees that the House shall be removed on or before ____________, 2022.
3. Utility Obligations. Prior to transfer of ownership of the House, the Parties shall
reasonably cooperate to ensure all utilities have been disconnected at the exterior of the House. It shall be
the responsibility of City, or City’s agents or contractors, to disconnect any wiring or plumbing within the
House to isolate the House from the basement and/or foundation and to work in consultation with the
applicable utility providers to coordinate other logistical issues related to the removal of the House.
4. Removal Notice. City shall provide MPS with at least three (3) days’ notice of the date
on which City plans to remove the House from the Premises.
5. Permits for Moving House. City shall, at its own expense, obtain all required licenses
and permits for moving and relocating the House.
6. Insurance. City shall obtain and maintain commercial liability insurance to protect
against loss or damage during the removal process. City shall require any contractor it engages to
1
[DRAFT 5/20/22]
perform the removal to obtain and maintain the same coverage. Limits of liability shall be at least
$1,000,000 per occurrence and each such policy shall name MPS as an additional insured.
7. Transfer of Ownership. In exchange for City’s obligation to relocate the House
pursuant to the terms of this Agreement, MPS agrees to execute a bill of sale transferring ownership of
the House and its contents to City, a copy of which is attached and incorporated herein as Exhibit B.
8. General Provisions.
a. Governing Law. This Agreement will be governed by and interpreted in
accordance with the laws of the state of Michigan.
b. Entire Agreement. This Agreement constitutes the entire agreement between the
parties and supersedes all prior agreements and understandings, both written and oral, with respect to the
subject matter hereof.
c. Amendment. This Agreement shall not be amended or modified except in a
writing signed by the Parties hereto.
d. Severability. If any provision of this Agreement or its application to any person
or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement shall not
be affected, and each provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
e. Counterparts. This Agreement may be executed in counterparts, and each set of
duly delivered identical counterparts which includes all signatories shall be deemed to be one original
document.
MPS – Muskegon Public Schools CITY – City of Muskegon
By: By:
Name: Matthew T. Cortez Name: Ken Johnson
Title: Superintendent Title: Mayor
Date: __________________ Date: __________________
By:
Name: Ann Meisch
Title: City Clerk
Date: __________________
2
[DRAFT 5/20/22]
EXHIBIT A
Legal Descriptions
The following premises situated in the City of Muskegon, County of Muskegon, State of Michigan:
Lot 9, Block 301 of the Revised Plat (of 1903) of the City of Muskegon, as recorded in Liber 3 of Plats,
Page 71, Muskegon County Records.
Parcel No.: 61-24-205-301-0009-00
Commonly known as: 1761 Clinton Street
[DRAFT 5/20/22]
EXHIBIT B
Bill of Sale
(see attached)
BILL OF SALE
Muskegon Public Schools (formerly the School District of the City of Muskegon and the Public
Schools of the City of Muskegon), a Michigan general powers school district organized and operating
under the Revised School Code, MCL 380.1, et seq., as amended, whose address is 1458 5th Street,
Muskegon, Michigan 49441 (“Seller”), for the purchase price of $100.00, transfers and assigns to the
City of Muskegon, a Michigan municipal corporation, whose address is 933 Terrace Street
(“Buyer”), the residential building on the real property located at 1761 Clinton Street, Muskegon,
Michigan 49442 (the “House”).
1. Seller represents and warrants that (a) Seller has the full right to sell and transfer the
House, and (b) to the best of Seller’s knowledge, title to the House is clear and unencumbered.
2. Buyer represents and warrants that Buyer has had the opportunity to inspect the
House and that it is being purchased in its “AS IS”, “WHERE IS” condition. Buyer waives and
releases Seller from all claims, actions, or damages related to or arising from Seller’s ownership of
the House. No implied warranties of habitability, quality, condition, fitness for a particular purpose,
or any other implied warranties shall operate between Seller and Buyer, and Buyer expressly waives
any and all such implied warranties. Buyer is responsible for all taxes and assessments that come
due with regard to the House after the date of this Bill of Sale.
The parties have executed this bill of sale effective ______________, 2022.
MPS – Muskegon Public Schools CITY – City of Muskegon
By: By:
Name: Matthew T. Cortez Name: Ken Johnson
Title: Superintendent Title: Mayor
Date: __________________ Date: __________________
By:
Name: Ann Meisch
Title: City Clerk
Date: __________________
Google
Image capture: Oct 2019 © 2022 Google
Street View - Oct 2019
1728 Terrace St
Imagery ©2022 Google, Imagery ©2022 Maxar Technologies, Map data ©2022 100 ft
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 14, 2022 Title: CSX Salvage Plan
Submitted By: LeighAnn Mikesell Department: City Manager
Brief Summary: Staff is seeking approval to proceed with a cost share for developing a salvage
plan for the removal of the CSXT owned track.
Detailed Summary: CSXT is hiring a consultant to assist them in developing permitting materials
necessary for the removal of the track. Items needed for the plan include a wetland and waterway
delineation report, an MDEQ joint permit application, and a health and safety plan. The costs for
this salvage plan work are higher than CSXT anticipated, and the city is being asked to share in
the expense.
Amount Requested: $28,000 Amount Budgeted: $2 million
Fund(s) or Account(s): State/Federal Grants Fund(s) or Account(s): N/A
Recommended Motion: move to authorize expenditures not to exceed $28,000 for consultant fees
associated with the removal of the CSXT owned track.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Mr. Coley J. Campbell, PG Arcadis of Michigan, LLC
Senior Manager Environmental & Property Management 28550 Cabot Drive
CSX Real Estate Department Suite 500
500 Water St. J180
Jacksonville, Florida 32202 Novi
Michigan 48377
Phone: 248 994 2240
Subject: Work Order Request www.arcadis.com
CGC Line Abandonment - Muskegon, Michigan
CSXT Project No. R000204266
Our Ref: Pending
Date: May 9, 2022
Dear Mr. Campbell,
Arcadis of Michigan, LLC. (Arcadis) has prepared this summary Work Order (WO) request to cover estimated
consulting and engineering costs for permitting activities as it pertains to the abandonment 3.81 +/- miles of the
CGCS Line located in Muskegon, Michigan. The abandonment will only include the removal of the existing
railroad ties and rail. Bridges, culverts, and other infrastructure will remain in place. This WO includes the
following main tasks, anticipated to be completed in 2022:
1. Desktop analysis and data collection with Wetland Delineation Reporting;
2. MDEQ Joint Permit application and submission. Coordination with CSX for permitting;
Scope of Work
The proposed scope of work includes the permitting and coordination support for the abandonment of the CGCS
line in Muskegon, MI. Based on the background information provide to date the permits identified for the project
are below:
1. A local Soil Erosion and Sedimentation Control permit, under Part 91, Soil Erosion and Sedimentation
Control, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA),
being sections 324.9101 et seq of the Michigan Compiled Laws (MCL). 15K
2. A permit under Part 301, Inland Lakes and Streams, of NREPA, MCL 324.30101 et seq.
3. A permit under Part 303, Wetlands Protection, of NREPA, MCL 324.30301 et seq.
4. A permit under Part 353, Sand Dunes Protection and Management, of NREPA, MCL 324.35301 et seq..
Task 1 – Desktop Review and Data Collection with Wetland Delineation Reporting
Arcadis staff will collect the appropriate database information required for submission to regulatory agencies for
wetland and/or stream determinations. Data collection and review and necessary to develop a preliminary
understanding of what conditions will be encountered during the process and means and methods for the
abandonment.
Arcadis will prepare a surface water delineation report that follows the appropriate guidance documents from the
USACE. This report will include all desktop data and analysis, wetland/upland determination forms, any photos
obtained via desktop review, and offer an opinion as to the regulated nature of any identified resources. This
report will be suitable for submission with any permitting materials.
Use or disclosure of information contained on this sheet is subject to the restriction and disclaimer located on the signature page of this document.
1/8
Mr. Coley J. Campbell, PG
CSX Real Estate Department
May 9, 2022
Task 2 - MDEQ Joint Permit Application Submission
Arcadis will prepare all the information needed to comply with a Soil and Erosion and Sedimentation Control
(SESC) permit as required by Michigan Department of Environmental Quality (MDEQ). The SESC will follow the
procedures of the most recent edition of the Department of Technology, Management & Budget (DTMB) Soil
Erosion and Sedimentation Control Guidebook.
Arcadis will prepare all the information needed to comply with Part 301, Inland Lakes and Streams, of NREPA,
MCL 324.30101 et seq., Part 303, Wetlands Protection, of NREPA, MCL 324.30301 et seq., and Part 353, Sand
Dunes Protection and Management, of NREPA, MCL 324.35301 et seq.. Part 301, 303, and 353 of NREPA, MCL
324 will all be prepared and submitted on one application through the MiWaters Portal. The deliverables prepared
in Task 2 will be a component of this application. Arcadis will rely on the Client to assist with any planning and
impact volume calculations.
Once the Joint Permit Application (JPA) is determined administratively complete by the MDEQ, they will begin a
technical review of the JPA. Arcadis will respond to and address any correction requests from the MDEQ and
provide additional information as required. With the new online JPA submission, correction requests are all
administered through the online MiWaters Portal. MDEQ allows for up to 60 days for review with no public notice
and up to 90 days if public notice is required. The review clock is stopped each time there is a correction request.
Arcadis assumes no public notice will be required and one set of correction requests will be required.
The cost provided is the estimated cost to prepare and submit the identified permits. During the review of the
permits, the agencies may request additional field surveys or agencies consultations. Cost associated with the
following studies or consultations are not included in this proposal:
5. Cultural field surveys or Section 106 consultation
6. Rare, Threatened or Endangered species surveys or consultations
The abandonment process will be handled by CSX, Transportation Inc. in its entirety. This is inclusive of any
Environmental or Historic Reports as required in Title 49 Code of Federal Regulations Parts 1105.7, 1105.8, and
1105.9. The local municipality indicated they will only require a Right Of Way permit to be filed with the City for the
abandonment. This permit is for notification purposes with no fee associated with it. This is not included in the
scope of services listed above.
HEALTH AND SAFETY
Arcadis will prepare a Health and Safety Plan (HASP) in accordance with Occupational Safety and Health
Administration (OSHA) requirements as specified in Code of Federal Regulations (CFR) Title 40 Part 1910.120.
The HASP will be evaluated and amended as site conditions change to ensure proper protection.
Arcadis will comply with CSXT Safety Protocol by completing the required training within ISNetworld prior to
entering CSXT property. In addition, Arcadis will comply with the CFR Title 49 Subsection 214 for Railroad
Workplace Safety, which states any person working within 4 feet of the active track or has the ability to foul the
track must complete annual Roadway Worker Training. Arcadis respects and will comply with CSXT’s increased
safety requirement and extend the work zone required for Roadway Worker Training to 25 feet of an active track.
As stated in CFR Title 49 Subsection 214.343(d), each employer of roadway workers shall maintain written or
electronic records of each roadway worker qualification in effect. Therefore, Arcadis shall maintain records at the
local offices ready for CSXT inspection.
www.arcadis.com 2/8
2022 WO MI Muskegon R204266 050922.docx
Mr. Coley J. Campbell, PG
CSX Real Estate Department
May 9, 2022
COST SUMMARY
The total Arcadis estimated cost for these tasks is $55,928. Project charges will be in accordance with the terms
of the contract between Arcadis and CSXT dated August 26, 2019 and subsequent addenda.
This cost summary is based on permit preparation and coordination only. No design or survey costs are included
for the project.
Project charges are summarized as follows:
• Arcadis Contract with CSXT $55,928
If this scope of work is acceptable, please indicate with your authorization to commence work by accepting the
attached work order for $55,928 (Arcadis’ scope of work) on the CSX PSEWeb site.
Arcadis appreciates the opportunity to provide environmental services for this project. If you have any questions
regarding this request, please do not hesitate to call me directly.
Sincerely,
Arcadis of Michigan, LLC
Emily Yessick
Certified Project Manager
Email: emily.yessick@arcadis.com
Enc. Contract Request Form
CSXT Appendix A
This proposal and its contents shall not be duplicated, used or disclosed — in whole or in part — for any purpose other than to evaluate the proposal. This proposal is
not intended to be binding or form the terms of a contract. The scope and price of this proposal will be superseded by the contract. If this proposal is accepted and a
contract is awarded to Arcadis as a result of — or in connection with — the submission of this proposal, Arcadis and/or the client shall have the right to make
appropriate revisions of its terms, including scope and price, for purposes of the contract. Further, client shall have the right to duplicate, use or disclose the data
contained in this proposal only to the extent provided in the resulting contract.
www.arcadis.com
2022 WO MI Muskegon R204266 050922.docx
3/8
Contract Request Form Project Location: Muskegon, MI
Work/Change Order No.: ENV Pending CSXT Project Name: CGC Line Abandonment
Arcadis Project No.: Pending CSXT Project No.: R0204266
General Description: CGCS Abandonment
Reason for Performing Work: Assist CSX with permitting for abandonment of CGCS line
Task Description Start Date End Date
1 Desktop analysis, data collection and Weland Delineation Reporting 6/1/2022 7/31/2022
2 MDEGLE JPA and Submission 6/1/2022 10/31/2022
Task Cost Estimate by Task and Labor Category (hrs) cost per category
Expert Program Prof Prof Prof Sr Tech Tech Support
Senior PM PM II PM
Services Manager Services III Services II Services I Services Services Services
Task Total ($)
($196/hr) ($162/hr) ($157/hr) ($143/hr) ($139/hr) ($122/hr) ($107/hr) ($99/hr) ($90/hr) ($77/hr) ($65/hr)
1 0 0 20 0 24 50 25 0 0 0 24 $16,811.00
2 0 0 72 16 24 132 35 0 0 0 36 $39,117.00
Subtotal $55,928.00
Subcontract Expenses billed through Arcadis including 5% markup $0.00
Arcadis Reimbursable Expenses including 2% markup $0.00
Arcadis WORK/CHANGE ORDER TOTAL $55,928.00
CSXT Direct Pay Subcontract Expenses $0.00
CSXT Direct Pay Lab Expenses $0.00
PROJECT TOTAL $55,928.00
Proposed ARCADIS Personnel by Labor Category
Labor Category Name(s)
Expert Services
Program Manager
Senior PM Ley, Devuono
PM II Yessick
PM Sidari
Prof Services III Graves, Nielsen, Steckel
Prof Services II Morse
Prof Services I
Sr Tech Services
Tech Services
Support Services
Refer to: Proposal Dated 05/06/2022; ARCADIS
APPENDIX A
DATE: 5/9/2022 CSXT PROJECT NO. R000204266
CSXT PROJECT NAME ABD RAIL RTT MI
Arcadis U.S., Inc. (“Consultant”) agrees to perform and complete the following work (“Work”) for
CSX TRANSPORTATION, INC. (“Company”) at the ABD RAIL RTT MI in Muskegon, MI in
accordance with the terms and conditions of the Master Agreement for Environmental Services
(“Agreement”) dated August 26, 2019, and addenda all of which terms and conditions are incorporated
herein by reference:
As requested by Mr. Coley Campbell, CSXT Project Manager, Consultant will perform
Preparation of permitting documents as detailed in the Consultant’s proposal dated
May 9, 2022.
For performance of the Work under this Work Order, the Company shall pay Consultant in the
following amount and manner: Based on Consultant's Schedule of Fees and Charges (“Schedule”), a
copy of which is attached as Appendix B to the Agreement, up to an amount not-to exceed $55,928 and
after receipt of an acceptable progress invoice and written status report. Invoices shall be rendered in
accordance with the Schedule, which shall not be changed without the prior written consent of the
Company. Company agrees not to unreasonably delay the processing of Contractor's invoice. Questions
on invoices shall be brought to the attention of the Consultant’s Project Manager promptly.
Consultant agrees to promptly commence the work and to complete it by December 31, 2022.
APPENDIX A
The Company and Consultant shall each designate a Project Manager to consent, approve and
otherwise act on behalf of the designating party under this Work Order.
Work Orders and Change Orders submitted through the CSX PSEWeb Web site will not be returned to
the Consultant with a signature from the CSX Project Manager. The Consultant will receive a
confirmation email from the CSX Project Manager that is automatically generated by PSEWeb. The Work
Orders and Change Orders are considered executed by CSX when the Consultant or their Company
PSEWeb Administrator receives an email from the CSX Project Manager automatically generated by
PSEWeb. This email will include the Project Number, Contract Number, Contract Amount, and Contract
Description.
For: CSX Transportation, Inc. Arcadis U.S., Inc.
Project Manager: Coley Campbell, PG Emily Yessick
Sr. Manager Environmental &
Title: Property Management Certified Project Manager
Address: 500 Water St.; J-180 1301 Riverplace Blvd., Suite 700
City/State/Zip Jacksonville, FL 32202 Jacksonville, FL 32207
Telephone: 904-279-3923 904-721-2991
Fax. No: 904-245-2273 904-396-4152
CONSULTANT SIGNATURE:
NAME/TITLE: Emily Yessick, Certified Project Manager
DATE: May 9, 2022
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 14, 2022 Title: MDOT Agreement for Terrace Street
Submitted By: Leo Evans Department: Public Works
Brief Summary: Staff is requesting approval of the contract with MDOT for the reconstruction of
Terrace Street from Apple Avenue to Shoreline Drive, and approval of the resolution authorizing
the Mayor and Clerk to sign the contract.
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 $1,509,000 with
$764,904 of that being federal surface transportation funding, $88,593 being federal highway
infrastructure program COVID funds, and the remainder being funded through the City’s Major
Street Budget in the FY23 Budget year.
Work is expected to begin in August and take approximately 15 weeks to complete.
Amount Requested: $744,503 (FY23) Amount Budgeted: $946,503 (FY23)
Fund(s) or Account(s): 202 (Major Streets) Fund(s) or Account(s): 202 (Major Streets)
Recommended Motion:
Approve the attached contract and resolution 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:
RESOLUTION __________
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR HOT MIX ASPHALT ROAD RECONSTRUCTION OF TERRACE
STREET FROM APPLE AVENUE (M-46) TO SHORELINE DRIVE (US-31BR).
Moved by Commissioner ________________ and supported by Commissioner
______________ the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 22-5194 between the
Michigan Department of Transportation and the City of Muskegon for the
reconstruction of Terrace Street from Apple Avenue (M-46) to Shoreline Drive
(US-31BR) within the City is in the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 22-5194 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 14th day of June, 2022.
BY
Kenneth D. Johnson, Mayor
ATTEST
Ann Meisch, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
June 14th, 2022. 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
STP DA
Control Section STUL 61000
Job Number 205376CON
Project 22A0518
CFDA No. 20.205 (Highway Research
Planning & Construction)
Contract No. 22-5194
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 2, 2022, attached hereto and made a part hereof:
PART A – FEDERAL PARTICIPATION
Hot mix asphalt reconstruction and traffic signal work along Terrace Street from Apple
Avenue (M-46) to Shoreline Drive (Business Route US-31), including pavement
removal, grading, paving, storm sewer, concrete curb and gutter, sidewalk and curb
ramps, permanent signing and pavement markings; and all together with necessary
related work.
PART B – NO FEDERAL PARTICIPATION
Concrete sidewalk, electrical conduit, water main stub and water service 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
certain improvements on public roads; 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:
HIGHWAY INFRASTRUCTURE PROGRAM COVID
SURFACE TRANSPORTATION PROGRAM
09/06/90 STPLS.FOR 5/2/22 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 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 Michigan Department of Environment, Great Lakes, and Energy. 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, at no cost to the PROJECT or to the
DEPARTMENT, shall:
A. Design or cause to be designed the plans for the PROJECT.
B. Appoint a project engineer who shall be in responsible charge of the
PROJECT and ensure that the plans and specifications are followed.
09/06/90 STPLS.FOR 5/2/22 2
C. Perform or cause to be performed the construction engineering,
construction materials testing, and inspection services necessary for the
completion of the PROJECT.
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
Federal Surface Transportation Funds in combination with Federal Surface
Transportation Flex Funds and Federal Highway Infrastructure Program COVID
Funds shall be applied to the eligible items of the PART A portion of the
PROJECT COST. Federal Highway Infrastructure Program COVID Funds shall
be applied to the eligible items of the PART A portion of the PROJECT COST up
to the lesser of: (1) $88,593, or (2) an amount such that 100 percent, the
established Federal participation ratio for such funds, for the PROJECT is not
exceeded. Federal Surface Transportation Funds and Federal Surface
Transportation Flex Funds shall then be applied to the eligible items of the PART
A portion of the PROJECT COST up to the lesser of: (1) $764,904, or (2) an
amount such that 81.85 percent, the normal Federal participation ratio for such
funds, for the PART A portion of the PROJECT is not exceeded at the time of the
award of the construction contract with Federal Surface Transportation Funds
limited to $560,276, and used first.. The balance of the PART A portion 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 will be the sole
responsibility of the REQUESTING PARTY.
6. No working capital deposit will be required for this PROJECT.
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
09/06/90 STPLS.FOR 5/2/22 3
PARTY'S share of the actual costs incurred less Federal Funds earned as the PROJECT
progresses.
7. At such time as traffic volumes and safety requirements warrant, the
REQUESTING PARTY will cause to be enacted and enforced such ordinances as may be
necessary to prohibit parking in the traveled roadway throughout the limits of the PROJECT.
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
09/06/90 STPLS.FOR 5/2/22 4
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.
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 or its
agents shall not relieve the REQUESTING PARTY and the local agencies, as applicable, of their
ultimate control and shall not be construed as a warranty of their propriety or that the
DEPARTMENT or its agents 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 the highway 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 all applicable Federal and State laws and regulations, including, but not limited
to, Title II of the Americans with Disabilities Act (ADA), 42 USC 12131 et seq., and its
associated regulations and standards, and DEPARTMENT Road and Bridge Standard Plans and
the Standard Specifications for Construction.
13. The DEPARTMENT, by executing this contract, and rendering services pursuant
to this contract, has not and does not assume jurisdiction of the highway, described as the
PROJECT 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.
09/06/90 STPLS.FOR 5/2/22 5
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
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 jurisdiction of the highway described as
the PROJECT 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 STPLS.FOR 5/2/22 6
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 7:14 am, 5/16/22
09/06/90 STPLS.FOR 5/2/22 7
May 2, 2022
EXHIBIT I
CONTROL SECTION STUL 61000
JOB NUMBER 205376CON
PROJECT 22A0518
ESTIMATED COST
CONTRACTED WORK
PART A PART B TOTAL
Estimated Cost $1,509,000 $ 89,000 $1,598,000
COST PARTICIPATION
GRAND TOTAL ESTIMATED COST $1,509,000 $ 89,000 $1,598,000
Less Federal Funds* $ 853,497 $ 0 $ 853,497
BALANCE (REQUESTING PARTY'S SHARE) $ 655,503 $ 89,000 $ 744,503
*Federal Funds for the PROJECT are limited to an amount as described in Section 5.
NO DEPOSIT
09/06/90 STPLS.FOR 5/2/22 8
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 14th, 2022 Title: Arena Roof Lease & Power Purchase
Agreement
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking to void the previously approved (June 8th, 2021) Rooftop System Site Lease
Agreement and Power Purchase Agreement with New Energy Equity related to the installation of a
solar array on the roof of the Trinity Health Arena.
Detailed Summary:
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. The roof lease and the power purchase
agreement were approved by the Commission at their June 8th, 2021 meeting.
Since that time New Energy Equity has not signed and returned those agreements and staff is
recommended that the agreements be voided by the City Commission.
New Energy Equity has been unable to sign the agreements due to complications with the governing
tax laws. State laws are unclear and the County Assessor has taken the position that the investment
should be taxed for County purposes. Payment for the taxes was not factored into the pro forma for
the development and negates any savings that could be realized from the installation. Staff,
Charthouse Energy and New Energy Equity remain committed to finding a route forward for this project
when there is an opportunity for it to be done in a way that is financially viable.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
Void the previously approved Rooftop System Site Lease Agreement and void the Power Purchase
Agreement that were previously approved at the June 8th, 2021 Commission Meeting.
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: 6/14/2022 Title: City of Muskegon Housing Study and
Needs Assessment Firm Recommendation
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: Staff disseminated the Commission-endorsed Housing Study and Needs
Assessment RFP to qualified firms credited by MSHDA, and received two proposals. Staff has
reviewed the proposals and is prepared to recommend contracting with Bowen National Research
to conduct this important work.
Detailed Summary:
As we scale our efforts to deliver more housing units to combat the nationwide housing shortage,
we require more and higher quality data to direct these efforts. There has not been a formal study
compiled for our market since 2016, and our neighboring areas such as Ottawa County and the
greater Grand Rapids area have recently commissioned similar studies, which have had great
effect in their efforts to infill housing units of all types. After the April 12th City Commission Meeting,
staff sent the RFP to the 7 firms on MSHDA’s “Approved Market Analyst” list as well as one firm
that has been contracted by CNS to conduct our Analysis of Impediments study. That firm, RKG
Associates, and one other, Bowen National Research submitted proposals for your consideration.
Both clearly carefully read the RFP document and tailored their proposed services to our needs.
Both firms also propose using very qualified teams and similar methodology to deliver the product,
so staff’s recommendation comes down to price and relevant experience. RKG was the higher
priced proposal at $74,500, while the price from Bowen for equivalent services was $33,500, with
optional add-ons exceeding the requested scope that total an additional $12,600. Additionally,
Bowen conducted Ottawa County and the City of Grand Rapids/Kent County needs assessment,
and demonstrated more experience in our region. Some of the add-ons Bowen offered may prove
beneficial following additional conversation with the vendor, and so staff is recommending the City
Commission approve Bowen National Research’s proposal not-to-exceed $46,100.
Amount Requested: $46,100 Amount Budgeted: $50,000
Fund(s) or Account(s): 101-80400-5300 Fund(s) or Account(s):101-80400-5300
Recommended Motion: Motion to allow staff to contract with Bowen National Research to conduct
a 5-Year Housing Study and Needs Assessment for an amount not-to-exceed $46,100.
For City Clerk Use Only:
Commission Action:
PROPOSAL
MUSKEGON, MICHIGAN
HOUSING MARKET STUDY
& ANALYSIS
Prepared For:
City of Muskegon
933 Terrace St.
Muskegon, MI 49440
DATE: 5/6/2022
155 E. Columbus Street, Suite 220
Pickerington, Ohio 43147
(614) 833-9300
www.bowennational.com
May 6, 2022
City of Muskegon
933 Terrace St.
Muskegon, MI 49440
To Whom it May Concern:
We are pleased to submit a proposal to prepare a Housing Market Study and Analysis of Muskegon,
Michigan. This analysis will assist elected officials, government staff, stakeholders, and community
members in developing a meaningful sense of the housing market and to understand key housing issues
and how they impact the city. It will also serve as a guide for planning and policy decisions. Our firm has
reviewed the request for proposal and understands the work elements being requested.
Housing Needs Assessment Experience - Bowen National Research has significant experience in
conducting housing needs assessments with a similar scope of work as the subject RFP on a city, county
and statewide level. We were selected to complete the majority of these projects through an
RFP/interview process and all studies were completed on time and within budget. Specifically, since 2018
we have completed Housing Needs Assessments in Ottawa County, Grand Rapids and Ann Arbor,
Michigan.
Ability to Customize Studies - Our firm has experience in working with local entities like yours and has
customized our analyses to meet their specific needs. Therefore, we will structure our research and
analysis to correspond to the specific needs of your community.
Qualified and Nationally Recognized – Our firm is accredited by the National Council of Housing Market
Analysts (NCHMA), an organization that sets market study standards for housing studies. Our President,
Patrick Bowen, serves as a Trustee to NCHMA, assuring our studies meet the highest standards.
Thank you for giving us the opportunity to present this proposal to you. We believe we can be an asset to
your community. We hope we have the opportunity to work together.
Respectfully,
Patrick M. Bowen
President (Primary Contact & Project Manager)
Bowen National Research
155 E. Columbus S.t, Ste. 220, Pickerington, OH 43147
patrickb@bowennational.com | 614-833-9300
BOWEN NATIONAL RESEARCH 1
Organizational Information
Bowen National Research
155 East Columbus Street, Suite 220
Pickerington, Ohio 43147
All work will be performed from the company’s Columbus office.
Bowen National Research is a Limited Liability Corporation operated by its sole owner, Patrick Bowen.
No subcontractors will be utilized in completion of this analysis.
Statement of Experience
Bowen National Research is located at 155 East Columbus Street, Suite 220 in Pickerington, Ohio, a suburb
of Columbus. The company has no other office locations. Established in 2010, Bowen National Research
employs over 25 people, all highly trained and experienced in real estate research and analysis. Our firm
conducts more than 500 studies each year for a variety of real estate development alternatives. Our
primary area of focus involves the research and analysis of residential development. Our firm prides itself
on its client communications, ability to manage multiple small and large-scale projects at one time, and
commitment to meeting all client deadlines. Below is a brief summary of our areas of experience and
knowledge.
Bowen National Research’s Market Feasibility Services
City/County/Statewide Housing Needs Assessments Tribal Housing
Low-Income Housing Tax Credit/Tax Credit Bond Farm Labor Housing
Government-Subsidized Student Housing
Market-Rate For-Sale Housing
HUD Section 8, 202, 232, 811, 221(d)(3) & (d)(4) Senior Living Alternatives
USDA RD 515 & 514/516 Retail/Office/Commercial Space
Michigan Experience
Bowen National Research has completed more than 300 market studies in the state of Michigan since
2010, eight (8) of which were for projects in Muskegon County. The majority of these projects were site-
specific and for the purpose of securing Tax Credit financing through the Michigan State Housing and
Development Authority (MSHDA), for which our firm is an approved market analyst. Additionally, we have
completed Michigan housing needs assessments in Ottawa County (2018 and 2021), Grand Rapids (2020)
and Ann Arbor (2020).
BOWEN NATIONAL RESEARCH 2
Bowen National Research has significant experience in conducting Housing Needs Assessments (HNAs) on
a city, county and statewide level. While our firm has completed more than 50 HNAs, recent projects with
similar work elements as outlined in the RFP are summarized below.
Housing Needs Assessment Experience
Ottawa County, MI (2018)
Client: HOUSING NEXT
Current Contact: Mr. Ryan Kilpatrick – (616) 430-8015 | ryank@housingnext.org
Scope: This countywide housing needs assessment encompassed Ottawa County as a whole, while also providing five separate
submarket analyses of specific areas in the county. The study provided an assessment of existing housing conditions, demographics
and market demands with an assessment of present and future unmet housing demand (5-year estimates). We also identified data on
current housing types and trends, including rental housing, for-sale housing and senior care facilities. Finally, we provided data related
to the conditions, challenges and opportunities in the local housing market while also providing recommendations and strategies for
meeting the housing needs of area residents.
Fee: $29,000 (On Budget) | Timeline: 7 Months (On Time)
Grand Rapids, MI (2020)
Client: Grand Rapids Area Chamber of Commerce, 250 Monroe Ave., NW, Suite 150, Grand Rapids, MI 49503
Current Contact: Rick Baker – (616) 771-0336 | rick@grandrapids.org
Scope: This housing needs assessment focused on the city of Grand Rapids and Kent County, Michigan, while also providing
supplemental analysis and housing recommendations for various, distinctive submarkets within the city and county. The study provided
an assessment of existing housing conditions, demographics and market demands with an evaluation of present and future unmet
housing demand (5-year estimates). We identified data on current housing types and trends, including rental housing and for-sale
housing. Additionally, we provided an overview of public transportation, crime, and an evaluation of student housing and enrollment
relative to higher education institutions in the immediate area. Finally, we provided data related to the conditions, challenges and
opportunities in the local housing market while also providing recommendations and strategies for meeting the housing needs of area
residents.
Fee: $50,900 (On Budget) | Timeline: 7 Months (On Time)
Ann Arbor, MI (2020)
Client: Smith Group, Inc., 201 Depot St., 2nd Floor, Ann Abor, MI 48104
Current Contact: Michael Johnson – (734) 669-2728| michael.johnson@smithgroup.com
Scope: Bowen National Research completed a Housing Needs Assessment that evaluated the rental housing needs for the downtown
area of Ann Arbor, Michigan, with additional analysis provided for the surrounding areas of Ann Arbor and Washtenaw County. The
study was intended to identify the level of need for affordable rental housing for low-income households. The study provided an
assessment of existing housing conditions, demographics and market demands with an assessment of present and future unmet rental
housing demand (5-year estimates). We identified data on current housing types and trends, including rental housing and off-campus
student rental housing. Additional data regarding student enrollment and on-campus student housing (University of Michigan) was
evaluated. We assessed the development opportunities of seven pre-selected sites based on factors such as proximity to community
services, public transportation, and crime and our firm conducted online surveys and interviews of local stakeholders to gather
community input. Finally, we provided data related to the conditions, challenges and opportunities in the local housing market while
also providing recommendations and strategies for meeting the housing needs of area residents.
Fee: $20,000 (On Budget) | Timeline: 4 Months (On Time)
New Hanover County, NC (2020)
Client: New Hanover County Finance Department, 230 Government Center Drive, Suite 165, Wilmington, NC 28403
Current Contact: Rachel LaCoe – (910) 798-7442| rlacoe@nhcgov.com
Scope: Bowen National Research was commissioned to complete a Housing Needs Assessment for the county, with some emphasis
placed on the city limits of Wilmington. The study provided an assessment of existing housing conditions, demographics and market
demands with an assessment of present and future unmet housing demand (5-year estimates). We also identified data on current
housing types and trends, including rental housing, for-sale housing and senior care facilities. Finally, we provided data related to the
conditions, challenges and opportunities in the local housing market while also providing recommendations and strategies for meeting
the housing needs of area residents.
Fee: $34,000 (On Budget) | Timeline: 6 Months (On Time)
BOWEN NATIONAL RESEARCH 3
Evansville, IN (2014-2022)
Client: Evansville Department of Metropolitan Development, 1 NW MLK Jr. Blvd, Evansville, IN 47708
Current Contact: Mr. Kelley Coures - (812) 436-7806 | kcoures@evansville.in.gov
Scope: Bowen National Research was retained by the Evansville Department of Metropolitan Development to prepare a housing needs
assessment encompassing the city of Evansville, with emphasis on Qualified Census Tracts (QCT’s). The study provided an assessment
of existing housing conditions, demographics and market demands with an assessment of present and future unmet housing demand
(5-year estimates). We also identified data on current housing types and trends within the city limits and specific to QCT’s, with
additional consideration given to the housing demands and availability of the surrounding areas of Vanderburgh County and the MSA.
This included projections of future demographics and any changes in housing trends. The study identified vacant parcels and buildings
as potential sites for residential development and provided strategies and priorities for the town to consider that would support
identified housing needs. This study was used to assist in the city's consolidated plan. Additionally, in 2015-2021 our firm was asked to
complete subsequent updates to the original report, with a full housing needs assessment update completed in February 2020.
Fee: $29,900 (On Budget) | Timeline: 4 Months (On Time)
Each of these assessments were written by the firm's President, Patrick Bowen, and all research was
conducted by Mr. Bowen and other key staff members. All of our reports have been prepared within the
timeline required (if not before) and within the proposed budget. In addition, Bowen National Research
continues to serve in a consulting capacity for the majority of these projects.
BOWEN NATIONAL RESEARCH 4
A full listing of housing needs assessments completed by our firm since 2018 is included in the table below.
Housing Needs Assessment Experience
Location Client Completion Year
Dublin, GA City of Dublin Purchasing Departments 2018
Evansville, IN City of Evansville, IN - Department of Metropolitan Development 2018
Beaufort County, SC Beaufort County 2018
Burke County, NC Burke County Board of REALTORS 2018
Ottawa County, MI HOUSING NEXT 2018
Bowling Green, KY City of Bowling Green Kentucky 2019
Evansville, IN City of Evansville, IN - Department of Metropolitan Development 2019
Zanesville, OH City of Zanesville Department of Community Development 2019
Buncombe County, NC City of Asheville Community and Economic Development Department 2019
Cleveland County, NC Cleveland County Government 2019
Frankstown Twp., PA Woda Cooper Companies, Inc. 2019
Taylor County, WV Taylor County Development Authority 2019
Lac Courte Oreilles Reservation, WI Lac Courte Oreilles Ojibwa Community College 2019
Owensboro, KY City of Owensboro 2019
Asheville, NC City of Asheville Community and Economic Development Department 2020
Evansville, IN City of Evansville, IN - Department of Metropolitan Development 2020
Youngstown, OH Youngstown Neighborhood Development Corporation (YNDC) 2020
Richlands, VA Town of Richlands, Virginia 2020
Elkin, NC Elkin Economic Development Department 2020
Grand Rapids, MI Grand Rapids Area Chamber of Commerce 2020
Morgantown, WV City of Morgantown 2020
Erwin, TN Unicoi County Economic Development Board 2020
Ferrum, VA County of Franklin (Virginia) 2020
Charleston, WV Charleston Area Alliance 2020
Wilkes County, NC Wilkes Economic Development Corporation 2020
Oxford, OH City of Oxford - Community Development Department 2020
New Hanover County, NC New Hanover County Finance Department 2020
Ann Arbor, MI Smith Group, Inc. 2020
Austin, IN Austin Redevelopment Commission 2020
Evansville, IN City of Evansville, IN - Department of Metropolitan Development 2021
Giddings, TX Giddings Economic Development Corporation 2021
Georgetown County, SC Georgetown County 2021
Western North Carolina (18 Counties) Dogwood Health Trust 2021
Carteret County, NC Carteret County Economic Development Foundation 2021
Ottawa County, MI HOUSING NEXT 2021
Dayton, OH Miami Valley Nonprofit Housing Collaborative 2021
High Country, NC (4 Counties) NC REALTORS 2022
Evansville, IN City of Evansville, IN - Department of Metropolitan Development 2022
Rutherfordton, NC Town of Rutherfordton In Process
Spindale, NC Town of Spindale In Process
Barren County, KY The Barren Economic Authority In Process
Kirksville, MO City of Kirksville In Process
Wood County, WV Wood County Development Authority In Process
Cherokee County, NC Economic and Workforce Development, Tri-County Community College In Process
Rowan County, KY Morehead-Rowan County Economic Development Council In Process
Yancey County, NC Yancey County Government In Process
Ottawa County, MI Senior Housing Needs HOUSING NEXT In Process
Avery County, NC Avery County Government In Process
BOWEN NATIONAL RESEARCH 5
Project Team
Patrick Bowen, President of Bowen National Research, has conducted numerous housing
needs assessments and provided consulting services to city, county and state
development entities as it relates to residential development, including affordable and
market rate housing, for both rental and for-sale housing, and retail development
opportunities. He has also prepared and supervised thousands of market feasibility
studies for all types of real estate products, including housing, retail, office, industrial and
mixed-use developments, since 1996. Mr. Bowen has worked closely with many state and
federal housing agencies to assist them with their market study guidelines. Mr. Bowen has
his bachelor’s degree in legal administration (with emphasis on business and law) from the University of
West Florida and currently serves as a Trustee of the National Council of Housing Market Analysts
(NCHMA). Mr. Bowen has served as the lead author/analyst of more than 50 housing needs assessments
since 2010.
The following individuals will provide research and analysis assistance and have been involved with
previous housing needs assessments completed by our firm in some capacity:
Christopher Bunch, Market Analyst, has more than a decade of experience in conducting both site-specific
market feasibility studies and broader housing needs assessments. He has conducted on-site market
research of a variety of housing product, conducted stakeholder interviews and completed specialized
research on housing market attributes including the impact of military personnel, heirs and estates and
other unique factors that impact housing needs.
Desireé Johnson is the Director of Operations for Bowen National Research. Ms. Johnson is responsible
for all client relations, the procurement of work contracts, and the overall supervision and day-to-day
operations of the company. Ms. Johnson also coordinates and oversees research staff and activities. She
has been involved in the real estate market research industry since 2006. Ms. Johnson has an Associate
of Applied Science in Office Administration from Columbus State Community College.
Jody LaCava, Research Specialist, has nearly a decade of real estate research experience. She has
extensive experience in surveying a variety of housing alternatives, including rental, for-sale, and senior
housing. She has experience in conducting on-site research of real estate, evaluating existing housing
properties, conducting interviews, and evaluating community services. She has been involved in industry
leading case studies, door-to-door resident surveys and special needs housing research.
Pat McDavid, Research Specialist, has conducted housing research for housing needs assessments
completed throughout the country. Additionally, he is experienced in analyzing demographic and
economic data in rural, suburban and metropolitan communities. Mr. McDavid has been a part of the
development of market strategies, operational and fiscal performance analysis, and commercial,
industrial and government (local, state, and federal) client consultation within the construction and
manufacturing industries. He holds a bachelor’s degree in Secondary Earth Science from Western
Governors University.
In-House Researchers – Bowen National Research employs a staff of in-house researchers who are
experienced in the surveying and evaluation of all rental and for-sale housing types, as well as in
conducting interviews and surveys with city officials, economic development offices and chambers of
commerce, housing authorities and residents.
No sub-consultants or subcontractors will be utilized throughout this research and analysis.
BOWEN NATIONAL RESEARCH 6
Resources
Bowen National Research incorporates comprehensive data collection and processing systems and
combines them with state-of-the-art data analysis tools. The following summarizes the resources that will
be allocated to this assignment:
Call Center – In addition to market analysts assigned to this project, our firm possesses a call center
with several highly trained and experienced real estate researchers that will conduct interviews,
surveys and other relevant research.
Housing Supply Database – Our firm has developed a customized database that stores and processes
housing supply data that Bowen staff collects.
Geographic Information System – We use GIS information via ARC GIS to process, analyze and present
data related to economics, demographics and housing supply.
Program Management System – Our firm has developed a customized Project Management System
to manage each Housing Needs Assessment, enabling our firm to allocate resources, track progress
and coordinate research and analysis tasks.
BOWEN NATIONAL RESEARCH 7
Work Plan
Bowen National Research begins each assignment with a kick-off conference call/virtual meeting. The
purpose of this call is to ensure that all parties involved agree with the scope of work. This also allows our
firm to request any specific assistance from the client.
The following steps outline our proposal to conduct this analysis for Muskegon, Michigan. Our firm is
willing to customize its research and analysis to meet the client’s specific needs.
STUDY AREA DELINEATION:
The foundation of the analysis is the establishment of the Study Areas. The Study Areas are the geographic
areas from which demographic and economic factors influence housing needs. For the purpose of this
analysis, the Primary Study Area (PSA) will be the boundaries of the city of Muskegon. We may also define
a Secondary Study Area (SSA) that may encompass the boundaries of Muskegon County. In addition to
the PSA and possible SSA, we will establish submarkets for the city’s 14 identified neighborhoods. We will
work with the client to define the SSA and submarket boundaries.
EVALUATION OF DEMOGRAPHICS, ECONOMICS AND HOUSING
A socio-economic profile will be created for each study area, as data is available. The profile will provide
in-depth details about the market area, including population and household characteristics, development
characteristics, economic characteristics, current housing stock, and the housing market conditions.
Sources used for this portion of the study will include U.S. Census, ESRI, local auditor/assessor, interviews
with local officials and other experts, and in-house and “on the ground” field research by Bowen National
Research.
Population and Household Characteristics
We will identify the current population and household profiles within the study area including, at a
minimum, the concentration and population density of low-, middle- and high-income areas. The
following population and household characteristics will be analyzed and displayed for the study area for
2000, 2010, 2022, and 2027. We will include 10- to 20-year demographic projections for selected data
sets that will be used in our Housing Gap Estimates.
Population counts and density
Household demographic characteristics
o Age levels, household types, changes in household size, special needs populations, race/ethnicity
Socioeconomic aspects
o Education levels, housing tenure, households by income range, and median household/family
income and poverty statistics
Mobility/migration patterns
o Data and analysis of county-level migration, both in- and out-migration
o Migration population profiles (geography, age, income, etc.)
o Impact the current housing stock may or may not have on household demographic and
socioeconomic household characteristics
BOWEN NATIONAL RESEARCH 8
Economic Characteristics and Trends
We will evaluate numerous economic characteristics and trends for the county as a whole. These data
sets include the following employment by occupation/job sector, wages by occupation, identification of
top individual employers and assessment of potential changes, unemployment rates, total employment,
in-place employment and employee mobility patterns.
We will use the preceding economic metrics to determine how economic conditions and trends are
impacting the demand for housing. Interviews with local employers and economic development
representatives will be conducted to obtain insight on local employment trends and potential changes
(expansions or layoffs) in the employment base. An analysis of the location of major employment centers,
availability to public transit and a drive-time analysis will be provided to determine how employment and
transportation may influence housing market conditions and demand.
HOUSING SUPPLY ANALYSIS
Secondary Housing Data
Housing stock characteristics will be analyzed and displayed for the Study Areas (based on U.S. Census
data and ACS data), including housing tenure (renter-occupied vs. owner-occupied), vacancy rates by
tenure, age of housing, types of housing supply (single-family, duplex, multifamily, etc.), general housing
condition (based on evaluation of substandard housing conditions cited in U.S. Census), housing values,
rent levels, building permit data and cost burdened households. This data will be used to supplement the
on-site housing data we will collect, as described below.
Housing Market Conditions
Bowen National Research will utilize in-house research and “boots on the ground” research approach to
collect housing data within the study areas. Detailed maps of all housing types identified will be provided.
Multifamily Rental Housing: We will identify multifamily rental housing properties, including
government-subsidized and affordable Tax Credit properties, as well as market-rate properties
(generally with more than 10 units at a single location). An in-person field survey will be completed
for the study area and will be used to measure the overall strength of the rental market. This in-person
survey also allows our firm to conduct a visual exterior inspection of each property to rate its overall
condition and neighborhood location. Detailed data will be collected including rental rates, subsidy
types, vacancy rates, amenities, year built, utility responsibility, Housing Choice Voucher holders, etc.
We will also identify housing developments that are at-risk of losing rent subsidies and expiring use
restrictions for Low-Income Housing Tax Credit developments.
Non-Conventional Rentals: Through online resources such as Craigslist and area property
management websites, we will inventory available non-conventional rental properties, such as
duplexes, single-family homes, mobile homes, units over storefronts, etc. This inventory will be
limited to only what can be identified as “available for-rent” at the time of our analysis and will not
include a comprehensive list of all such units that are currently rented/occupied. However, secondary
data will be presented and evaluated to assess certain attributes (such as rents, age, size, etc.) of non-
conventional rentals.
Vacation/Short-Term Rentals: We will identify advertised vacation rentals (single-family homes,
condos, cottages, etc.) and obtain typical lease rates. We will compare historical trends to determine
if such rentals are becoming more frequent and how this may be impacting the permanent housing
stock. We will also interview local real estate professionals and/or vacation rental agencies to obtain
anecdotal comments regarding persons who may be choosing to move into their vacation/second
homes full-time. Using published secondary data sources (ACS, Air BnB), we will also compare
BOWEN NATIONAL RESEARCH 9
historical counts of seasonal/vacation homes in the market to determine the degree to which such
rentals impact the market and how this has changed over time.
For-Sale Housing: We will obtain for-sale home data for the market from sources such as Multiple
Listing Services, Realtor.com, local tax assessor, and other sources. Data will be collected and
analyzed for both historical sales (typically from 2019 to current) and available for-sale housing
alternatives. We will evaluate product by price point, bedroom type, year built, days on market, and
location.
Senior Care Housing: Identification and survey of senior care housing, including independent living,
assisted living and nursing care facilities. Information collected will include total beds, occupancy,
waiting list and base monthly rates.
Development Pipeline & Building Permits: Building statistics will be evaluated and interviews with
officials familiar with the residential development pipeline will be interviewed. The research will
describe the likelihood of construction, timing of the project, and its impact on the market.
SPECIAL NEEDS ANALYSIS
We will provide an overview of up to three special needs populations (e.g. homeless, veterans, disabled,
etc.) that includes information on the designated population, housing provided for this population,
financial assistance provided, etc. We will finalize the selected populations with the client prior to
commencement of work.
STAKEHOLDER SURVEYS
While numerous methods are available to collect input from community stakeholders, including focus
groups, our firm has had significant success in collecting input from online surveys. These surveys will
provide valuable insight into the area housing market, analyzing current market conditions and
perceptions, barriers to development and development alternatives in the area. Stakeholders will be
asked for input on what housing products should be a priority for the area. We will incorporate the results
of the interviews into our recommendations for future housing needs. The client will need to assist in
providing a list of potential stakeholders that we can interview. We will also enable the client to review
and contribute to the stakeholder survey instrument.
Individuals to be interviewed will include, but not be limited to:
Housing authority representatives Neighborhood organizations
Government officials Major employers
Economic development officials Rental property managers
Chambers of Commerce representatives Real estate agents
Realtor associations Social service providers
Lenders/financial services Local housing developers
DEVELOPMENT COSTS/GOVERNMENT REGULATIONS
An overview of typical residential development costs, availability of land/buildings (adaptive reuse),
government regulation, and other common barriers will be provided. Analysis will be done with use of
published secondary data sources, review of online resources, and interviews.
BOWEN NATIONAL RESEARCH 10
HOUSING DEMAND (GAP ANALYSIS)
Based on the existing housing stock within the study area and current demographics, a housing gap
analysis will be completed for the PSA and will be shown for a five-year projection period and possibly
additional dates in the future. The gap analysis will determine whether a deficit or surplus of housing units
exists for households at various income bands for rental and for-sale. As requested in the RFP, the income
stratifications to be utilized in this analysis will include households broken out by the following Area
Median Household Incomes (AMHI): up to 30%, 31%-60%, 61%-80%, 81%-100%, 101%-120% and 121%
and higher. The demand analysis will consider existing current household estimates, household growth
projections by income and tenure, additional units required for a balanced market, replacement of
substandard housing and account for potential commuter support.
CONCLUSIONS/RECOMMENDATIONS
We will provide the following recommendations/strategies:
We will provide a summary of the market’s overall housing market needs, including priorities for the
types of housing in greatest need. We will provide a quantitative summary of the different types of
rental and for-sale housing by rent/price point and corresponding household income levels that are
needed. Development considerations associated with geography, amenities and other design
elements will be discussed. This analysis will enable the client to understand their greatest housing
needs and allow them to begin to structure policies and/or establish incentives to support targeted
housing product.
We will outline various best practices/strategies, such as policies, programs, priorities and incentives
that will encourage and direct the development and preservation of various product types (e.g.,
affordable and market-rate), housing tenures and market segments (family and senior). This may
include modification of current policies and incentives in place in the market and/or the introduction
of new policies and incentives.
If requested, we can provide recommendations and strategies for possible partnerships for housing
development to meet local housing needs and methods to reach such organizations.
The report and conclusions will provide government entities, area housing professionals, and other
interested stakeholders with the base of knowledge to make informed strategic decisions on housing
priorities and plans.
BOWEN NATIONAL RESEARCH 11
Optional Services
There are various add-on services that may benefit the client as part of this assessment. Below is a list
summarizing these services. The cost for each of these services is included in the Fee Schedule section of
this proposal.
Evaluation of Community Services: We will include an inventory of key community services within
the community (e.g. schools, shopping, medical, public safety, and employment opportunities) to
determine how the abundance or lack of such services may impact housing decisions within the
community. We will also include a map of notable identified services in the study areas.
Residential Development Opportunities: Identification of vacant land and buildings of a certain size
that could potentially support residential development. Profiles of each property will be provided and
include location, type of property (building or land), size (square feet or acreage), zoning, etc.
Crime Analysis: Collection of local crime data and conclusions as to how higher concentration of crime
impacts current housing and future housing development.
Resident Survey: An online survey can be conducted to solicit input from area residents on current
housing characteristics and issues, along with input on housing preferences and needs. Bowen will
work with the client to advertise and promote the survey in an effort to create awareness and
participation in the survey.
Residential Blight/Housing Conditions: We will identify blighted structures and assess overall
conditions of existing housing structures (both occupied and vacant) within selected incorporated
areas of the county through a review of city code violations and tax delinquencies (if available), and
an on-site windshield survey which involves a representative of Bowen National Research driving the
area and documenting housing conditions (e.g. noting roof, siding, windows, doors, etc. housing
conditions). All identified properties will be mapped.
Utilization of City Staff
Bowen National Research may request that city staff provide information on local economic development
activity, housing projects in the development pipeline, links and/or copies to previous reports completed,
and coordination of surveys for various proposed work elements.
BOWEN NATIONAL RESEARCH 12
Schedule
Our firm proposes to complete this assignment within approximately six (6) months of contract execution.
Based on information provided in the RFP, below is an estimated timeline of research tasks and
deliverables.
Research Task Timeline
Kick Off Call June
In-house research and phone surveys
Rental Housing
MLS Data/For-Sale Housing June 2022 – September 2022
Non-Conventional Rentals/Short-Term Rentals
Senior Care Housing
Collection of Secondary Data
Demographic Trends
Economic Trends September – October 2022
Migration/Commuter Data
Building Permits
“On the Ground” Field Research
October 2022
Photographs/Quality Ratings of Housing
Community Input Surveys (online) August – October 2022
Compilation/Data Entry of Data October – November 2022
Development Costs/Government Regulations July – September 2022
Special Needs Research July – September 2022
Analysis of All Data October – December 2022
Submit Draft for Review December 2022
Finalize Draft After Client Review/Comment
1 In-Person Meeting/Presentation After Client Review/Comment/Issue of Final Report
As outlined in the Work Plan, we have proposed various optional work elements. Should any of these
work elements be selected, the following table outlines the proposed work schedule of these elements:
Optional Work Elements
Research Task Timeline
Evaluation of Community Services September – October 2022
Residential Development Opportunities September – October 2022
Crime Analysis October 2022
Resident Survey August-October 2022
Residential Blight/Housing Conditions September – October 2022
Deliverables
Deliverables for the analysis will include:
Monthly progress reports in writing.
Preliminary draft of the report in PDF format.
Final copy of the report as a searchable PDF document plus 1 unbound color copy and 4 bound color
copies
1 in-person meeting/presentation at the conclusion of the analysis. Additional in-person meetings
and/or presentations can be conducted for an additional to-be-negotiated fee.
BOWEN NATIONAL RESEARCH 13
Cost Proposal
The fee for the Housing Needs Assessment will not exceed $33,500 excluding optional services. This fee
is all-inclusive and includes all out-of-pocket expenses. Bowen National Research will be responsible for
any overages.
Staffing/Task Fee Schedule
Position Hours/Number Hourly Rate Total
Head Analyst (Analysis/Report Writing/1 In-Person Presentation) 80 $125 $10,000
Field Analyst (Including Travel) 120 $75 $9,000
In-House Research/Phone Surveys 160 $30 $4,800
GIS Staff: Demographics, Economic, GIS/Mapping 80 $50 $4,000
Production/Data Entry 80 $30 $2,400
Color-Copies 5 $30 $150
Profit - - $3,150
Total 525 - $33,500
It is our preference that the client pays 25% of the total cost at the time of contract execution, 50% at the
time of draft completion, and the final 25% at the time of receipt of the final report. These terms are
negotiable.
Requested Payment Schedule
Contract Execution (25%)
Draft Completion (50%)
Final Draft Completion (25%)
We anticipate additional discussions with the client, which may modify or refine objectives or alter the
scope of work. This might impact the time schedule, final cost analysis, and the delivery date of the final
report.
City-wide optional work elements and their associated fees are outlined in the following table.
Optional Work Elements
Work Element Fee
Evaluation of Community Services ☐ $1,900
Residential Development Opportunities ☐ $2,900
Crime Analysis ☐ $900
Resident Survey ☐ $4,000
Residential Blight/Housing Conditions ☐ $2,900
BOWEN NATIONAL RESEARCH 14
MBE/WBE Enterprise
Bowen National Research is not a Minority or Women Business Enterprise. All work will be performed by
employees of Bowen National Research.
It is the policy of Bowen National Research to ensure equal employment opportunity without
discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity
or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic
protected by law. Bowen National Research prohibits any such discrimination or harassment.
BOWEN NATIONAL RESEARCH 15
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 14, 2022 Title: Sanitation Fee Resolution
Submitted By: Kenneth Grant Department: Finance
Brief Summary: The FY2022-23 budget calls for the Sanitation Fee to be increased from $2.50 per
month to $3.50 per month, this resolution established the Sanitation Fee for FY 2022-23.
Detailed Summary: To adopt the resolution to continue charging a sanitation fee of $3.50 per
month to cover the shortfall between the sanitation charges and the millage collected for sanitation.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To adopt the Sanitation Fee Resolution for FY2022-23.
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
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO.______________
At a regular meeting of the City Commission of Muskegon, Michigan, held at the City
Commission Chambers on June 14, 2022.
RECTITALS
After reviewing the cost to provide sanitation services for the residents of the City of Muskegon,
the City Commission has determined that the funds generated from the 3 mills dedicated to
sanitation currently does not cover the costs to provide the service at its current level.
THERE, THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLVES:
1. Effective July 1, 2022, a monthly service $3.50 will be charged to all residential utility
billings. This increase fee is will cover the inflationary cost in fuel, labor costs, and the
additional customers using the recycling program.
2. This rate increase will in effect July 1, 2022 and will be re-evaluated every fiscal year.
The above changes to be effective as noted above
This resolution adopted:
YEAS:
NAY:
CITY OF MUSKEGON
By: __________________________________
Ann Marie Meisch, MMC, City Clerk
CERTIFICATION
This resolution was adopted at a regular meeting of the City commission, held on June 14, 2022.
The meeting was properly held and noticed pursuant to Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1967.
CITY OF MUSKEGON
By: ________________________________
Ann Marie Meisch, MMC
City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 6/14/2022 Title: Beach Parking Neighboring
Community Proposal
Submitted By: LeighAnn Mikesell Department: City Manager
Brief Summary:
Staff are seeking approval of a proposal to offer discounted parking passes to neighboring CDBG
entitlement communities.
Detailed Summary:
Last year, a proposal was made to neighboring communities that allowed them to offer discounted
beach parking passes to their residents if the community participated with Muskegon on the
discount. The City Manager for Muskegon Heights disagreed with the proposal, and the city
instead provided a number of free parking passes to the City of Muskegon Heights. At the time,
commissioners and staff offered the passes in an effort to assist our low income neighbors and
provide them time to develop a program to aid their own residents. The new proposal offers
discounted passes and phases out the program over the next 2 years.
Amount Requested: None Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the proposal to offer discounted parking passes to neighboring
CDBG entitlement communities.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Beach Parking Pass Proposal for Neighboring Communities
2022 Beach Season
In an effort to aid our lower income neighbors, staff is proposing the following program for the CDBG
entitlement communities of Muskegon Heights and Norton Shores.
2022 Season
Muskegon to provide a maximum number of discounted passes to each community based upon the
population making less than 50% AMI – 1 pass per 50 households meeting this criterion
Passes will be sold to the community at a 50% discount
The municipality must provide Muskegon a report showing how passes were distributed to low income
residents
2023 Season
Muskegon to provide a maximum number of discounted passes to each community based upon the
population making below 50% AMI – 1 pass per 75 households meeting this criterion
Passes will be sold to the community at a 25% discount
The municipality must provide Muskegon a report showing how passes were distributed to low income
residents
2024 Season and Beyond
Program is phased out, and no free passes are provided by Muskegon
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 14, 2022 Title: Request to Fly the Juneteenth Flag
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: Juneteenth honors the end to slavery in the United States and is
considered the longest-running African American holiday. On June 17, 2021, it officially
became a federal holiday . This is to request that the City of Muskegon fly the
Juneteenth Flag from June 17 through June 20, 2022.
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 request.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 14, 2022 Title: Transmittal of 2022-23 Proposed
Budget
Submitted By: Ken Grant Department: Finance
Brief Summary: At this time staff is transmitting to the City Commission the proposed budget for
fiscal year 2022-23 which starts July 1, 2022. Both hardcopy and electronic versions of the budget
have been distributed to Commissioners. Additionally, the budget is available for inspection on the
City’s website and at the City Clerk’s office.
The proposed budget was reviewed in detail with staff at the June 13, 2022 work session. A public
hearing on the budget was held at the regular Commission meeting on June 14, 2022. City
ordinance requires that the budget be adopted by the Commission on or before the second
Commission meeting in June.
https://www.muskegon-mi.gov/cresources/combined-report-for-commissioners.pdf
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: Approval of the proposed budget for fiscal year 2022-23.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
RESOLUTION OF APPROPRIATION
2022-23 BUDGET
WHEREAS, the City Manager has submitted a proposed Budget for 2022-23 in accordance
with City Ordinance and Michigan Public Act 621 of 1978 known as the "Uniform Budgeting and
Accounting Act"; and,
WHEREAS, the 2022-23 proposed Budget has been reviewed by the City Commission
following a public hearing for which due notice was given; NOW, THEREFORE, BE IT RESOLVED
that the Budget for the City of Muskegon for the fiscal year beginning July 1, 2022 is hereby
determined and adopted as follows:
GENERAL FUND
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
101-10101 City Commission $125,960.00
101-10102 City Promotions & Public Relations $76,000.00
101-10145 City Attorney $420,000.00
101-10172 City Manager $579,296.00
101-10875 Support to Outside Agencies $535,285.00
101-10891 Contingency and Bad Debt Expense $47,500.00
101-20215 City Clerk & Elections $705,904.00
101-20220 Employee Relations $231,240.00
101-30202 Finance Administration $647,662.00
101-30203 Pension Administration $3,393,940.00
101-30205 Income Tax Administration $429,054.00
101-30209 Assessing Services $416,026.00
101-30248 Information Systems Administration $629,530.00
101-30253 City Treasurer $596,842.00
101-30851 Insurance Premiums $407,941.00
101-30906 Debt Retirement $1,069,246.00
101-30999 Transfers to Other Funds $1,075,000.00
101-40301 Police $10,360,165.00
101-50336 Fire $3,376,725.00
101-50338 Central Fire Station $92,500.00
101-50387 Building Code Inspections and Enforcement $1,940,504.00
101-60265 City Hall Maintenance $354,542.00
101-60446 Community Event Support/Downtown BID $141,851.00
101-60448 Streetlighting $350,000.00
101-60523 Sanitation $2,378,589.00
101-60550 Stormwater Management $28,500.00
101-70276 Cemeteries Maintenance $601,550.00
101-70585 Parking Operations $308,320.00
101-70628 Social District $70,636.00
101-70751 Parks Maintenance $2,319,983.00
101-70757 McGraft Park Maintenance $159,344.00
101-70771 Forestry $73,625.00
101-80400 Planning, Zoning and Economic Development $572,331.00
101-90000 Major Capital Improvements $3,653,000.00
Grand Total General Fund Appropriations
$38,168,591.00
OTHER BUDGETED FUNDS
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
202,204 Major Streets and State Trunklines 5,848,269
203 Local Streets 1,648,052
264 Criminal Forfeitures 12,000
BE IT FURTHER RESOLVED that the revenues and other financing sources (including use of
prior year balances) for Fiscal Year 2022-23 are estimated as follows:
GENERAL FUND
FUND/ACTIVITY NAME AMOUNT
Taxes $ 17,957,022
Licenses and Permits 2,426,000
Federal Grants 250,000
State Grants 1,360,000
State Shared Revenue 4,803,553
Charges for Sales & Services 5,735,719
Interest & Operating Transfers 667,100
Fines & Fees 817,444
Other Revenue 4,205,000
Total General Fund Revenue
Appropriations $38,221,838
OTHER BUDGETED FUNDS
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
202,204 Major Streets and State Trunklines 6,079,497
203 Local Streets 1,593,500
264 Criminal Forfeitures 5,020
BE IT FURTHER RESOLVED that the operating expense projections for the following non-budget
funds are hereby approved:
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
305 TIFA Debt Service $50,000
394 Downtown Development Authority Debt 721,233
290 Local Finance Development Authority Debt 282,300
295 Brownfield Redevelopment Authority (Betten) 21,000
296 Brownfield Redevelopment Authority (Former Mall) 275,000
298 Brownfield Redevelopment Authority (Terrace Point) 278,443
252 Farmers Market & Kitchen 242 336,392
254 Trinity Health Arena 2,123,301
404 Public Improvement Fund 426,500
482 State Grants Fund 2,099,203
590 Sewer 11,371,947
591 Water 14,357,965
594 Marina/Launch Ramp 394,687
661 Equipment 3,748,446
642 Public Service Building 2,197,650
643 Engineering Services Fund 760,207
677 General Insurance Fund 5,297,984
BE IT FURTHER RESOLVED, that there is hereby appropriated for said fiscal year the several
amounts set forth above which, pursuant to the "Uniform Budget and Accounting Act", define the
City of Muskegon's appropriation centers, and
BE IT FURTHER RESOLVED, that the City Manager is hereby empowered to transfer
appropriations within appropriation centers, and
BE IT FURTHER RESOLVED, that there is hereby levied a general tax as herein fixed on each
dollar of taxable valuation for the purposes herein outlined, said levy to be applied on all taxable
real and personal property in the City of Muskegon as set forth in the assessment roll dated May
2022:
PURPOSE MILLAGE (MILLS)
General Operating 9.7880
Sanitation Service 2.9364
Promotion .0727
Total 12.7971
At a meeting of the City Commission of the City of Muskegon, on the _____ Day of June , the
foregoing resolution was moved for adoption by__________________. Commissioner
___________________ supported the motion.
Resolution declared adopted.
_________________________________ __________________________________
Mayor City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 14, 2022 Title: Concession Agreement – B&S Bikes
Submitted By: Dan VanderHeide Department: Public Works
Brief Summary:
Staff is asking permission to enter into a contractual agreement with Benny Edwards of “B&S
Bikes” at the restroom building in Pere Marquette Park for a bike rental concession.
Detailed Summary:
Staff is asking permission to enter into a Concession Agreement for 2022 with Benny Edwards of
“B&S Bikes” at the restroom building in Pere Marquette Park for a bike rental concession. Mr.
Edwards’ proposal is included, and shows the specific location for the bikes, the style of bike and
rental station Mr. Edwards owns and proposes, and other details.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion
Authorize staff to enter into a Concession Agreement with Benny Edwards of “B&S Bikes” at the
restroom building in Pere Marquette Park for a bike rental concession for 2022.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Dan VanderHeide
From: Benny Edwards
Sent: Saturday, May 21, 2022 1:42 AM
To: Dan VanderHeide
Subject: B&S Bikes LLC
Information retaining to the conversation we had on 05/20/2022 below. Please see
attached photo for more information.
—————————
My name is Benny Edwards(22) born and raised in Muskegon, Mi. I am starting a
bike share business named B&S Bikes LLC, and I’m looking to work with Muskegon. I
am interested in placing the bike docks in front of the Pierre Marquette restroom
building. A bike share program is when the Bike system allow customers to borrow a
bike from a battery powered dock and return it to a dock belonging to B&S Bikes. The
user enters payment information through the Movatic app, and the system unlocks a
bike. The user returns the bike by placing it in the dock, which locks it in place.
Hours of operation have not been determined. Looking forward to working with the
county to determine adequate hours.
‐‐
Benny B. Edwards
WARNING: This email originated outside of the City of Muskegon email system!
DO NOT CLICK links if the sender is unknown.
NEVER provide your User ID or Password.
1
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 14, 2022 Title: Rezoning 930 W Sherman Blvd
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to rezone the property at 930 W Sherman Blvd from B-2, Convenience
and Comparison Business to B-4, General Business, by 930 Sherman, LLC
Detailed Summary: The Planning Commission unanimously recommended approval of the
rezoning.
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 930 W Sherman Blvd
from B-2, Convenience and Comparison Business to B-4, General Business
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 2022-11: Request to rezone the property at 930 W Sherman Blvd from B-2, Convenience
and Comparison Business to B-4, General Business, by 930 Sherman, LLC.
SUMMARY
1. The property is zoned B-2 Convenience and Comparison Business. The applicant is requesting to
rezone it to B-4, General Business in order to apply for a special use permit to build and operate a
mini storage facility.
2. The property measures 4.1 acres and hosts a 2,500 sf building.
3. There are two other mini-storage facilities located just to the west. Phase two of construction is
underway at the facility located to the east of the Bat-N-Club. That development reserved the out-
lot fronting Sherman Blvd for commercial development and located the storage in the back,
accessible by an easement.
4. Notice was sent to everyone within 300 feet of this property. At the time of this writing, staff had
not received any comments from the public.
Aerial Map
Zoning 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 930 W Sherman Blvd from B-2 to
B-4
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 930 W Sherman Blvd from B-2 to
B-4.
CITY OF MUSKEGON SEC 36 T10N R17W PRT SE 1/4 SE 1/4 COM @ SE COR SD SEC TH W ALG S LN 670.70
FT TO E LN FOR POB TH N 00D 33M W 850.70 FT TH W 220 FT TH S 00D 33M E 850.90 FT TO S LN SD SEC TH
E 220 FT TO POB EXC S 33 FT FOR RD
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
CERTIFICATE (Rezoning 930 W Sherman Blvd from B-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 14th day of June 2022, at which meeting a quorum was
present and remained throughout, and that the original of said ordinance is on file in the records of the City of
Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full
compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept
and will be or have been made available as required thereby.
DATED: ___________________, 2022 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on June 14, 2022, the City Commission of the City of Muskegon adopted an ordinance
amending the zoning map to provide for the change of zoning for 930 W Sherman Blvd from B-2 to B-4:
CITY OF MUSKEGON SEC 36 T10N R17W PRT SE 1/4 SE 1/4 COM @ SE COR SD SEC TH W ALG S LN 670.70
FT TO E LN FOR POB TH N 00D 33M W 850.70 FT TH W 220 FT TH S 00D 33M E 850.90 FT TO S LN SD SEC TH
E 220 FT TO POB EXC S 33 FT FOR RD
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall,
933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2022 CITY OF MUSKEGON
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 14, 2022 Title: Zoning Ordinance Amendment - Height
Overlay District
Submitted By: Mike Franzak Department: Planning
Brief Summary: Staff initiated request to amend Section 404 of the zoning ordinance to create a height
overlay district that would allow certain principal structures near or on Nelson St to be built up to three
stories or 45 feet in height.
Detailed Summary: The Planning Commission unanimously voted to deny the request.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To deny the request to amend Section 404 of the zoning ordinance to
create a height overlay district that would allow certain principal structures near or on Nelson St to
be built up to three stories or 45 feet in height.
Planning Commission Excerpt
Hearing, Case 2022-13: Staff initiated request to amend Section 404 of the zoning ordinance to create a height
overlay district that would allow certain principal structures near or on Nelson St to be built up to three stories
or 45 feet in height.
SUMMARY
1. The Imagine Muskegon Lake plan identified certain areas that may benefit from allowing increased
height maximums for residential properties.
2. One area identified was along Lakeshore Drive, overlooking Muskegon Lake. This was addressed in a
2020 ordinance amendment with the creation of the Lakeside Form Based Code, which allows three-
story homes in certain areas.
3. The other location identified was along Nelson St in the Beachwood/Bluffton neighborhood.
4. Single-family homes in most areas of the city are restricted to two stories (35 feet) in height. Staff is
proposing to allow up to three stories (45 feet) in height within the proposed “Height Overlay District.”
5. Most of the proposed “Height Overlay District” is zoned R-1 and a small portion is zoned R-2. The
setback requirements would remain the same. Please see the “Area and Bulk Requirements” chart
below.
6. Please see the information on the following pages that depicts the proposed area and the information
contained in the Imagine Muskegon Lake plan.
7. Notification of the proposed ordinance amendment was sent to all properties depicted on the “Notice
Map.”
Imagine Muskegon Lake Plan Excerpt
Proposed Overlay District Boundaries
Notice Map
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 404 of the zoning ordinance to create a height overlay district that would allow
certain principal structures near or on Nelson St to be built up to three stories or 45 feet in height.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
A height overlay district that would allow certain principal structures near or on Nelson St to be built up to
three stories or 45 feet in height.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 14th day of June 2022, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2020. __________________________________________
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 14, 2022, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 404 of the zoning ordinance to create a height overlay district that would
allow certain principal structures near or on Nelson St to be built up to three stories or 45 feet in height
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk
in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2022. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 6/14/22 Title: ARP Agreement Amendment West
Urban
Submitted By: Jake Eckholm Department: Dev. Svcs/Economic Dev.
Brief Summary: Staff is seeking approval of the listed amendments to West Urban Properties
Development Agreement for the ARP Infill Housing Program.
Detailed Summary: West Urban Properties was selected as one of four contractors for the ARPA-
funded infill housing program. The goal of the program is to continue in-filling vacant lots in our core
neighborhoods while ensuring the housing units are offered in a more-affordable manner.
Two of the four awardees have had to decline their agreements for various reasons, leaving $1.15
million of the commission-approved funds unallocated to a builder. West Urban Properties initially
was not assigned specific lots in their agreement, which has proven a difficulty when attempting to
implement the project as there are other smaller scale builders interested in lots to build homes on
as well. With no defined legal right to any buildable lots for this program by virtue of an exhibit to the
ARP Agreement, staff are left in a difficult position when more than one builder wants a specific lot.
To that end, West Urban also has an infill housing agreement through the city to build rental housing
units in residential neighborhoods, which contains an exhibit with some lots, though not enough to
fulfill the builder’s obligations to build 100 homes. In that exhibit, the builder and city inadvertently
selected lots that builders on the east side of the city had been interested in for some time to infill
owner occupied housing. West Urban, the interested builders, and the city have been working
together very effectively to correct these implementation issues, and to make space for other builders
in their own neighborhoods.
We have mutually agreed that it makes sense to amend both agreements, adding an exhibit of lots
to West Urban’s ARP agreement and increasing their allocation by $1.15 million to ensure that we
continue to infill lots on schedule, while removing the desired lots by the smaller builders on the rental
construction agreement side. This item is in tandem with the other contract amendment on the
agenda and staff only recommends passing this one if there is support for the other.
Amount Requested: $1.15 million reallocation Amount Budgeted: $1.15 million
Fund(s) or Account(s): Federal ARPA Fund(s) or Account(s): Federal ARPA
Allocation Allocation
Recommended Motion: Motion to approve the amdendments to the West Urban ARP Agreement
by increasing the infill housing allocation by $1.15 million dollars, including the lot list exhibit as
presented and authorize the Mayor and Clerk to sign.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 6/14/22 Title: PILOT Agreement Amendment West
Urban
Submitted By: Jake Eckholm Department: Dev. Svcs/Economic Dev.
Brief Summary: Staff is seeking approval of the listed amendments to West Urban Properties
Development Agreement for the PILOT Infill Housing Program.
Detailed Summary: The City has previously entered into an agreement with West Urban Properties
to construct 100 homes for rental and potential owner-occupied stock in our residential
neighborhoods. Some of the lots in the exhibit have been requested by other builders for some time
and were inadvertently included in this agreement. We have worked out an agreement with West
Urban for them to remove these lots from their development agreement by increasing their ARP
agreement allotment, and by working with them to identify lots to add to the PILOT with clear title to
ensure that they can fulfill their obligations in this agreement.
This item proposes to remove 266 Meeking, 270 Meeking, 280 Meeking, 290 Meeking, 1057
Leonard, 1067 Leonard, 1077 Leonard, and 1087 Leonard from the approved PILOT Agreement,
and add 2043 Dowd, 2051 Dowd, 2065 Dowd, and 2075 Dowd. Staff will return with additional lots
to add to this agreement exhibit as we clear title and assess buildability.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Motion to approve the amendments to the West Urban PILOT Agreement
as presented and authorize the Mayor and Clerk to sign.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 14, 2022 Title: Sale – 1375 James, 1284 James, 1057
Leonard, 1067 Leonard, 1077 Leonard,
1087 Leonard
Submitted By: Jake Eckholm Department: Planning Department
Brief Summary: City staff is seeking authorization to sell five of the City owned vacant lot to
Lawrence Baker.
Detailed Summary: Lawrence Baker will be constructing two single family homes on the lot owned
by the City of Muskegon. The property is zoned R-1 (Single Family Residential). The lots will be
sold for 75% of the True Cash Value (TCV) per policy. The property is in the Brownfield
Development area. The homes will be constructed within eighteen (18) months.
Amount Requested: None. Amount Budgeted: $0
Fund(s) or Account(s): Public Improvement Fund(s) or Account(s): N/A
Recommended Motion: Authorize the Code Coordinator to work with the developer and complete
the sale of the vacant lots to build two single family homes on the City owned buildable lots as
described and to have the Mayor and Clerk sign the purchase agreement and deed.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
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