View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
CITY COMMISSION MEETING
March 11, 2025 @ 5:30 PM
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, March 11, 2025.
Pastor Michael McGee from Spring Street Missionary Baptist Church, opened
the meeting with prayer, after which the Commission and public recited the
Pledge of Allegiance to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Rebecca St. Clair, Commissioners
Rachel Gorman, Katrina Kochin (arrived at 5:39 p.m.), Jay Kilgo, Destinee
Keener (arrived at 5:40 p.m.), and Willie German, Jr., City Manager Jonathan
Seyferth, City Attorney John Schrier, and City Clerk Ann Marie Meisch
2025-20 PUBLIC HEARINGS
A. Recommendation of Annual Renewal of Liquor Licenses City Clerk
To adopt a resolution recommending the State withhold renewal of those liquor
license establishments who are in violation of Section 50-146 and 50-147 of the
Code of Ordinances for the City of Muskegon.
These establishments have been found to be in non-compliance with the City
Code of Ordinances and renewal of their liquor licenses should not be
recommended by the City Commission. If any of these establishments come
into compliance by March 20, 2025, they will be removed from this resolution,
and recommendation for their renewal will be forwarded to the Liquor Control
Commission.
STAFF RECOMMENDATION: Adopt the resolution.
The public hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Kilgo, second by Commissioner Gorman, to adopt the
resolution.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, German, and Gorman
Page 1 of 11
Nays: None
MOTION PASSES
B. Act 425 Shared Jurisdiction Agreement with Fruitport
Township Economic Development
A portion of the former West Shore Correctional Facility site that we have been
infilling as an addition to the Port City Industrial Park sits in Fruitport Township. We
are proposing a legal agreement that is available for cities per Act 425 which
will allow both parties to collect a portion of their millage rates, thereby making
development of the site in the City's interest.
For several years we have focused on attracting businesses to the areas of the
industrial park expansion that were already in our corporate limits. Now that we
have programmed all of that property it is time to get the remaining 28 acres of
the site under our jurisdictional control. The Act 425 Agreement is the most
common avenue for two municipal bodies to work out a deal for shared taxes
and jurisdictional authority without having to go through the expensive and
often contentious annexation process.
The agreement sets the terms, which allows for Fruitport to collect 3.5 mills, and
the City of Muskegon to collect the balance of our 12.85 mills less the Fruitport
share. It also dictates that we split the burden of any tax abatement on the site,
and allows the city to assess its local income tax.
STAFF RECOMMENDATION: Motion to Approve the Act 425 Agreement with
Fruitport Township as presented and to authorize the Mayor and Clerk to sign.
The public hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Keener, second by Commissioner Kochin, to approve
the Act 425 Agreement with Fruitport Township as presented and to authorize
the Mayor and Clerk to sign.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Gorman, Kochin, and
St.Clair
Nays: None
MOTION PASSES
PUBLIC COMMENT ON AGENDA ITEMS
No public comments were made
2025-21 CONSENT AGENDA
Page 2 of 11
A. Approval of Minutes City Clerk
Approve minutes of the February 25, 2025, City Commission Meeting.
STAFF RECOMMENDATION: Approval of the minutes.
B. CivicPlus 311 SeeClickFix Contract Public Works
City staff request approval of the CivicPlus SeeClickFix contract for continued
use of the resident request and issue reporting system to improve city services
and community engagement.
SeeClickFix is a platform designed to allow residents to report non-emergency
issues (such as potholes, overgrown grass, and park maintenance) directly to
the city for resolution. It provides a simple interface for residents to submit
requests, track progress, and provide feedback, fostering improved city
services and transparency.
Important Dates:
• One-year Contract Signed: June 24, 2024
• Contract Renewal: June 25, 2025
• 60-Day Notice Period Date: April 26, 2025
• Commission Worksession Presentation: March 10, 2025
• Requested Approval of Contract at City Commission Meeting: March 11,
2025
STAFF RECOMMENDATION: To authorize staff to enter into a multiyear contract
with CivicPlus for SeeClickFix Request, Marketplace App Annual, and
SeeClickFix Connector for Cartegraph OMS, subject to the renewal terms.
C. Fireworks Display Permit for Boys & Girls Club of the Muskegon
Lakeshore City Clerk
Pyrotecnico Fireworks, Inc. is requesting approval of a fireworks display permit
for Saturday, May 17, 2025, at Heritage Landing. The Fire Marshall will inspect
the fireworks on the day of the event.
STAFF RECOMMENDATION: Approve the fireworks display permit for Pyrotecnico
Fireworks, Inc., contingent upon inspection of the fireworks.
D. Metro Act permit extension, KEPS Technologies DPW- Engineering
Staff requests approval of the included five-year Metro Act permit extension
requested by KEPS Technologies Inc, dba ACD.net.
KEPS Technologies, Inc dba ACD.net currently holds a Metro Act permit with
the City of Muskegon. That agreement expired on 2/10/2025. ACD.net has
requested a five-year extension, to the date of 2/10/2030.
Page 3 of 11
STAFF RECOMMENDATION: I move to approve the five-year Metro Act permit
extension requested by KEPS Technologies Inc, dba ACD.net and authorize the
DPW Director to sign.
E. Amendment to the zoning ordinance - Cottage Court Developments -
Second Read Planning
Staff-initiated request to amend Section 400 and Articles II and XX of the zoning
ordinance to create regulations that allow for cottage court developments.
• A cottage court development is a type of housing design that typically
consists of a cluster of small, single-story homes or cottages arranged
around a shared central courtyard or green space. This design is often
used to create a community-oriented environment, where the homes
are in close proximity to each other, and the shared space fosters social
interaction and a sense of belonging.
• Some key features of a cottage court development include:
o Central Courtyard: The homes are typically arranged around a
shared outdoor space, such as a garden, lawn, or courtyard,
creating a more communal feel.
o Small-Scale Homes: The individual units, often referred to as
cottages, are generally smaller in size and designed to be more
affordable or efficient.
o Pedestrian-Friendly: These developments are often designed with
pedestrians in mind, with pathways connecting the homes and the
central shared space.
o Sense of Community: Because of the proximity and shared spaces,
cottage courts are intended to encourage neighborly interaction,
fostering a tight-knit community.
• The type of density proposed in these types of developments is similar to
the density allowed in the recent zoning reform amendments.
• The zoning amendments proposed would do the following:
o Create a definition for Cottage Court Developments.
o Create a section in the zoning ordinance under General Provisions
that regulates Cottage Court Developments.
o Allows Cottage Court Developments as a use by right (under
certain conditions) in the following zoning districts: R, FBC-NE, FBC-
UR, LFBC-LMR, and LFBC-LR.
The Planning Commission unanimously (7-0, 2 members absent) recommended
approval of the ordinance amendments.
STAFF RECOMMENDATION: I move to approve the request to amend Section
400 and Articles II and XX of the zoning ordinance to create regulations that
allow for cottage court developments as proposed.
Page 4 of 11
F. Amendment to the zoning ordinance - Accessory Commercial Units -
Second Read Planning
Staff-initiated request to amend Section 400 and Articles II and XX of the zoning
ordinance to create regulations that allow for accessory commercial units.
• An "accessory commercial unit" (ACU) is a small commercial space, like
a retail store or office, that is attached to or built on the same property as
a residential dwelling, essentially acting as a secondary business space
within a residential neighborhood, similar to how an accessory dwelling
unit (ADU) is a secondary living space on a residential lot.
• ACUs are often seen as a way to bring local businesses closer to residents
and increase neighborhood vibrancy without significantly altering the
character of the area.
• The Future Land Use Map created during the Master Plan process,
includes “community node” areas where higher densities and uses
should be considered.
• The Master Plan recommends uses such as these in the following sections
of the document:
o Housing & Neighborhoods: Goal 3: Create walkable community
nodes within a short distance of all residents. Identify existing or
potential community nodes in each city neighborhood to serve as
a strong center(s) from which the neighborhood can orient itself
and build upon. Update land use regulations to permit better
integration of different land uses at identified community nodes.
• Economic Development: Goal 2: Create viable commercial corridors
and community nodes. Simplify zoning regulations to permit flexibility in
business types. The zoning amendments proposed would do the
following:
o Create a definition for Accessory Commercial Unit.
o Create an Accessory Commercial Unit Overlay District. ACUs would
only be allowed within these boundaries and under these
guidelines.
The Planning Commission unanimously (7-0, 2 members absent) recommended
approval of the ordinance amendment.
STAFF RECOMMENDATION: I move to approve the request to amend Section
400 and Articles II and XX of the zoning ordinance to create regulations that
allow for accessory commercial units as presented.
H. 2025 Pavement Marking Program Public Works
Staff is requesting approval of a contract with Michigan Pavement Markings,
LLC in the amount of $33,300.
Muskegon County typically receives bids annually for pavement marking work
Page 5 of 11
throughout the county and also for various individual communities within the
county. DPW provided the county with approximate quantities for various
items of work including all the "usual" line-type markings. In addition, the county
also received bid prices for "special" such as turn arrows, crosswalks, stop bars,
etc.
Based on the estimated quantities and prices received, DPW is anticipating an
approximate annual amount of $33,300 which is comparable to amounts in
past years. This includes the prices directly provided by Michigan Pavement
Markings, a 10% contingency since these items are difficult to quantify exactly,
and $3,000 in funds for the "special" markings as needed.
STAFF RECOMMENDATION: I move to authorize staff to enter into a three-year
contract with Michigan Pavement Markings in a first-year amount of $33,300.00
for pavement marking work within the City of Muskegon as directed by the
Muskegon Department of Public Works.
I. Road Maintenance Materials, Aggregates, and Concrete Public Works
Staff requests authorization to purchase road maintenance materials,
aggregates, and ready-mixed concrete from selected bidders.
Bids were solicited for road maintenance materials, aggregates, and ready-
mixed concrete for purchase in 2025. Purchases will be made from the
recommended bidders highlighted in yellow on the attached bid tabs.
Purchases are contingent upon product availability, timely deliveries, and
prices as quoted.
STAFF RECOMMENDATION: I move to approve purchases of road maintenance
materials, aggregates, and ready-mixed concrete for 2025 from the selected
bidders as shown within budgeted amounts.
L. Concur with CRC Recommendation to make Appointments to the Local
Development Finance Authority City Clerk
To concur with Community Relations Committee recommendation to
reappoint Matthew Cortez and appoint Catherine Emery to the Local
Development Finance Authority as the Muskegon Public School District
Representatives.
STAFF RECOMMENDATION: To appoint Matthew Cortez and Catherine Emery to
the Local Development Finance Authority as the Muskegon Public School
District Representatives.
Motion by Commissioner Keener, second by Commissioner German, to
approve the Consent Agenda as presented minus items G, J, and K.
Page 6 of 11
ROLL VOTE: Ayes: Kilgo, Keener, German, Gorman, Kochin, St.Clair, and
Johnson
Nays: None
MOTION PASSES
2025-22 ITEMS REMOVED FROM THE CONSENT AGENDA
G. Western Market User Fees Updates Economic Development
The Economic Development Department is requesting an update to the
Western Market User Fees.
The Economic Development Department is requesting an update to the
Western Market User Fees. An initial presentation on these proposed updates
was provided to the City Commission at the March 10, 2025, Worksession.
In 2024, adjustments were made to better accommodate vendors and ensure
the long-term sustainability of the Western Market. To further streamline
operations and account for rising maintenance costs, we are proposing the
following updates:
• Eliminating air conditioning and additional electricity fees
• Introducing common area maintenance (CAM) fees to help cover
public space upkeep, utilities, and restroom facilities
Fee Schedule Comparison:
2024/2025 Previous User Fees:
• Extra Electricity: $75
• Air Conditioning: $300
2025 Proposed User Fees:
• Extra Electricity: $75
• Air Conditioning: $300
• Chalet Rental Fees:
o 90 sq. ft. – $1,450 (3+ years: $1,750)
o 120 sq. ft. – $1,925 (3+ years: $2,325)
o 150 sq. ft. – $2,350 (3+ years: $2,825)
• Common Area Maintenance (CAM) Fees: $52.94/month
The Economic Development Department seeks Commission approval to
update the Western Market User Fees as outlined above.
STAFF RECOMMENDATION: I move to approve the changes in Western Market
Page 7 of 11
User Fees by eliminating the air conditioning and extra electricity fees and
adding the CAM fees.
Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to approve
the changes in Western Market User Fees by eliminating the air conditioning
and extra electricity fees and adding the CAM fees.
ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, Johnson, and
Kilgo
Nays: None
MOTION PASSES
J. Campbell Field Park Playground Addition DPW- Parks
Staff requests approval of the Sinclair Recreation proposal for a GameTime
playground installation at Campbell Field Park for $110,000.
In January, the Parks & Recreation Department posted a bid document to
solicit proposals for a Campbell Field Park playground addition. The additional
playground amenity was deemed a big priority for this park through the master
planning process. Residents wanted more activities for older kids, as the small
play system currently at Campbell is only for ages 2-5.
We received several proposals at the target cost of $110,000, and staff
recommends selecting Sinclair Recreation's proposal for a GameTime system
for $110,000. Game Time playgrounds are robust and easy to repair, and
Sinclair has proven themselves to be very easy to work with and
professional. This was budgeted and planned through our master planning
process and capital improvement plan, and this very playground is what was
used to create the graphics shown in the Campbell Field Master Planning
documents.
Sinclair Recreation - $110,000
WeBuildFun - $109,732
Midwest Recreation - $105,838
Kinetic Recreation - $109,516
Snider Recreation - $109,856
Great Lakes Recreation - $110,000
STAFF RECOMMENDATION: To authorize staff to contract with Sinclair Recreation
in the amount of $110,000 for a new playground and installation at Campbell
Field Park.
Motion by Vice Mayor St.Clair, second by Commissioner Kochin, to authorize
staff to contract with Sinclair Recreation in the amount of $110,000 for a new
playground and installation at Campbell Field Park.
Page 8 of 11
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, Kilgo, and
Keener
Nays: None
MOTION PASSES
K. Consent for the transfer of deed restrictions on 1275 Dudley Economic
Development
Lawrence Baker purchased the vacant lot at 1275 Dudley from the City of
Muskegon in 2005, and has not built on it. He is requesting permission to sell it to
a buyer who plans to build 2 homes on the lot, rather than the City of
Muskegon reclaiming the lot through reverter clauses in the deed restrictions.
The buyer has agreed to comply with our existing lot sale infill policy, including
placing reverter clauses to the City in the new deed.
In 2005, Lawrence Baker purchased the vacant lot from the City of Muskegon
for $11,000 with the intention of building a custom home on the site. The buyer
did not move forward, and the City never exercised its reverter on the lot. Mr.
Baker has remained tax current, and now has a buyer in Joanna Gergely. Mrs.
Gergely and her family vacation in West Michigan and are interested in
building a home on the lot for themselves, and then splitting it and building
another for sale home. Mrs. Gergely has agreed to include the same deed
restrictions that our current lot sale policy dictates, and to have both homes
built within the timeline laid out in the policy. This is an efficient option for staff
and the attorney's office, avoiding the need to revert the lot and then resell it.
STAFF RECOMMENDATION: Motion to waive the City's reversionary interest in the
deed for 1275 Dudley Ave., contingent on and simultaneous with the execution
of a new deed by Mr. Baker that includes identical reversionary language to
ensure the property will revert to the City if the conditions in the reversionary
language are not satisfied.
Motion by Commissioner Kilgo, second by Commissioner German, to waive the
City's reversionary interest in the deed for 1275 Dudley Ave., contingent on and
simultaneous with the execution of a new deed by Mr. Baker that includes
identical reversionary language to ensure the property will revert to the City if
the conditions in the reversionary language are not satisfied.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Keener, and German
Nays: Kilgo
MOTION PASSES
2025-23 NEW BUSINESS
Page 9 of 11
A. Nelson House Purchase and Redevelopment Agreement Conditions of
Sale Planning
Following direction from the City Commission at the January Worksession, staff
has revised the conditions for the purchase and redevelopment of the Nelson
House and is proposing to begin the process of listing the house with a realtor.
Initial approval of the Purchase and Redevelopment Request for Bids was
granted by the City Commission at their September 9th, 2024 meeting. No bids
were received for the Nelson House at the close of the bid period in November
2024, and following further direction from the Commission, staff is proposing a
number of changes to the conditions to broaden interest in the house. These
changes include:
• Retaining the requirement for owner-occupancy in perpetuity but
removing the restriction to single family occupancy to allow for a total
unit count that complies with local zoning regulations (up to four units).
• Setting a reserve price of ______________ based on the average of a
series of Comparative Market Analysis for the house in its present
condition.
• Waiving the City's water and sewer connection fees for the future buyer.
• Extending the project completion timeline from 12 months to 24 months.
• Extending the start date for exterior work from 90 days to 120 days after
closing, and for interior work from 150 days to 180 days after closing.
Staff is also proposing to formally list the Nelson House with a realtor. To date,
the house has only been made available for purchase directly from the City of
Muskegon via last year’s bid proposal process, and listing through a realtor is
anticipated to increase the pool of potential buyers.
Lastly, staff will be gathering estimates for roof replacement, publishing a
request for bids for the same, and returning at a later date to seek approval of
a selected contractor to complete the work. This work will also involve
addressing any identified structural deficiencies within the existing roof framing.
STAFF RECOMMENDATION: I move to approve the changes to the Nelson House
Purchase and Redevelopment Conditions of Sale and authorize staff to begin
the process of listing the house with a realtor.
Motion by Commissioner Keener, second by Commissioner Kilgo, to approve
the changes to the Nelson House Purchase and Redevelopment Conditions of
Sale and authorize staff to begin the process of listing the house with a realtor.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, German, and
Gorman
Nays: None
MOTION PASSES
Page 10 of 11
ANY OTHER BUSINESS
Mayor Johnson stated that Saturday, March 15th, at 11:00 a.m., is the 12th
Annual St. Patrick’s Day Parade.
GENERAL PUBLIC COMMENT
Public comments received.
Motion by Commissioner Keener, second by Commissioner Kilgo, to suspend
the rules of the Commission.
Motion and second withdrawn.
ADJOURNMENT
The City Commission meeting adjourned at 7:15 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC
City Clerk
Page 11 of 11
Sign up for City of Muskegon Emails