City Commission Minutes 07-08-2025

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     CITY OF MUSKEGON
      CITY COMMISSION MEETING
                July 8, 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, July 8, 2025.
Pastor Dwayne Riley from Crestwood United Methodist 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
Willie German, Jr., Rachel Gorman, Katrina Kochin, and Jay Kilgo, City Manager
Jonathan Seyferth, City Attorney John Schrier, and City Clerk Ann Marie Meisch
Absent: Commissioner Destinee Keener

2025-54 HONORS, AWARDS, AND PRESENTATIONS
   A. Disability Pride Month Resolution Manager's Office
To adopt a resolution recognizing July as Disability Pride Month.
Jeffrey VanDyke explained why Disability Pride Month matters and
Commissioner Kochin read the Resolution.

Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to adopt a
resolution recognizing July as Disability Pride Month and to allow for the
displaying of the history and information on Disability Pride and disability
resources in the lobby of City Hall.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, and Kilgo
           Nays: None
MOTION PASSES

2025-55 PUBLIC HEARINGS



                                 Page 1 of 19
    A. Request to Create a New Neighborhood Enterprise Zone District at 535
       Yuba St Economic Development
Pursuant to Public Act 147 of the Michigan Public Acts of 1992 as amended,
staff has requested to create a new Neighborhood Enterprise Zone (NEZ) district
for a single-family home at 535 Yuba St.
This public hearing is being held to consider the establishment of a
Neighborhood Enterprise Zone (NEZ) district at 535 Yuba Street. Inclusion in a
NEZ district allows eligible property owners to apply for NEZ certificates, which
lower residential property taxes on newly constructed or rehabilitated homes.
Only the residential component of the proposed development at this address
would be affected by the NEZ designation.
In accordance with Public Act 147 of 1992, as amended, notice of the
proposed NEZ district was mailed to all affected local taxing jurisdictions on
June 12, 2025. Per state requirements:

    • A public hearing must be held within 45 days of the notice being sent.
    • The resolution establishing the NEZ district may not be adopted until at
      least 60 days after notice was issued

The resolution to establish the NEZ district at 535 Yuba Street is scheduled to
return to the City Commission for consideration on August 12, 2025.
State law allows up to 15% of a local government’s total land area to be
designated as NEZ districts. The City of Muskegon is currently at 13.17%. The
addition of the proposed NEZ district at 535 Yuba Street would remain within
the allowable limit.
STAFF RECOMMENDATION: I move to close the public hearing for the NEZ District
at 535 Yuba St.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.

Motion by Commissioner Kilgo, second by Commissioner Kochin, to close the
public hearing for the NEZ District at 535 Yuba Street.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and German
           Nays: None
MOTION PASSES

    B. Request to Create a New Neighborhood Enterprise Zone District at 2127
       Austin St. Economic Development




                                 Page 2 of 19
Pursuant to Public Act 147 of the Michigan Public Acts of 1992 as amended,
staff has requested to create a new Neighborhood Enterprise Zone (NEZ) district
for 2127 Austin St.
This public hearing is being held to consider the establishment of a
Neighborhood Enterprise Zone (NEZ) district at 2127 Austin St. Inclusion in a NEZ
district allows eligible property owners to apply for NEZ certificates, which lower
residential property taxes on newly constructed or rehabilitated homes. Only
the residential component of the proposed development at this address would
be affected by the NEZ designation.
In accordance with Public Act 147 of 1992, as amended, notice of the
proposed NEZ district was mailed to all affected local taxing jurisdictions on
June 12, 2025. Per state requirements:

    • A public hearing must be held within 45 days of the notice being sent.
    • The resolution establishing the NEZ district may not be adopted until at
      least 60 days after notice was issued.

The resolution to establish the NEZ district at 2127 Austin Street is scheduled to
return to the City Commission for consideration on August 12, 2025.
State law allows up to 15% of a local government’s total land area to be
designated as NEZ districts. The City of Muskegon is currently at 13.17%. The
addition of the proposed NEZ district at 2127 Austin Street would remain within
the allowable limit.
STAFF RECOMMENDATION: I move to close the public hearing for the NEZ District
at 2127 Austin St.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.

Motion by Commissioner St.Clair, second by Commissioner Kilgo, to close the
public hearing for the NEZ District at 2127 Austin St.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, German, and Gorman
           Nays: None
MOTION PASSES

    C. Request to Create a New Neighborhood Enterprise Zone District at 2262
       Austin St. Economic Development
Pursuant to Public Act 147 of the Michigan Public Acts of 1992 as amended,
staff has requested to create a new Neighborhood Enterprise Zone (NEZ) district
for 2262 Austin St.
This public hearing is being held to consider the establishment of a
Neighborhood Enterprise Zone (NEZ) district at 2262 Austin St. Inclusion in a NEZ



                                  Page 3 of 19
district allows eligible property owners to apply for NEZ certificates, which lower
residential property taxes on newly constructed or rehabilitated homes. Only
the residential component of the proposed development at this address would
be affected by the NEZ designation.
In accordance with Public Act 147 of 1992, as amended, notice of the
proposed NEZ district was mailed to all affected local taxing jurisdictions on
June 12, 2025. Per state requirements:

    • A public hearing must be held within 45 days of the notice being sent.
    • The resolution establishing the NEZ district may not be adopted until at
      least 60 days after notice was issued.

The resolution to establish the NEZ district at 2262 Austin Street is scheduled to
return to the City Commission for consideration on August 12, 2025.
State law allows up to 15% of a local government’s total land area to be
designated as NEZ districts. The City of Muskegon is currently at 13.17%. The
addition of the proposed NEZ district at 2262 Austin would remain within the
allowable limit.
STAFF RECOMMENDATION: I move to close the public hearing for the NEZ District
at 2262 Austin St.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.

Motion by Commissioner German, second by Commissioner Kilgo, to close the
public hearing for the NEZ District at 2262 Austin St.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, German, Gorman, and Kochin
           Nays: None
MOTION PASSES

    D. Request to Create a New Neighborhood Enterprise Zone District at 1920,
       1930, 1940, 1950 & 1960 South Getty St. Economic Development
Pursuant to Public Act 147 of the Michigan Public Acts of 1992 as amended,
staff has requested to create a new Neighborhood Enterprise Zone (NEZ) district
for 1920, 1930, 1940, 1950 & 1960 South Getty St.
This public hearing is being held to consider the establishment of a
Neighborhood Enterprise Zone (NEZ) district at 1920, 1930, 1940, 1950 & 1960
South Getty St. Inclusion in a NEZ district allows eligible property owners to apply
for NEZ certificates, which lower residential property taxes on newly constructed
or rehabilitated homes. Only the residential component of the proposed
development at this address would be affected by the NEZ designation.
In accordance with Public Act 147 of 1992, as amended, notice of the



                                   Page 4 of 19
proposed NEZ district was mailed to all affected local taxing jurisdictions on
June 12, 2025. Per state requirements:

    • A public hearing must be held within 45 days of the notice being sent.
    • The resolution establishing the NEZ district may not be adopted until at
      least 60 days after notice was issued.

The resolution to establish the NEZ district at 1920, 1930, 1940, 1950 & 1960 South
Getty St. is scheduled to return to the City Commission for consideration on
August 12, 2025.
State law allows up to 15% of a local government’s total land area to be
designated as NEZ districts. The City of Muskegon is currently at 13.17%. The
addition of the proposed NEZ district at 1920, 1930, 1940, 1950 & 1960 South
Getty St. would remain within the allowable limit.
STAFF RECOMMENDATION: I move to close the public hearing for 1920, 1930,
1940, 1950 & 1960 South Getty St.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.

Motion by Commissioner Kochin, second by Commissioner Kilgo, to close
the public hearing for 1920, 1930, 1940, 1950 & 1960 South Getty St.
ROLL VOTE: Ayes: Johnson, Kilgo, German, Gorman, Kochin, and St.Clair
           Nays: None
MOTION PASSES

    E. Request to Create a New Neighborhood Enterprise Zone District at 2209
       Valley St. Economic Development
Pursuant to Public Act 147 of the Michigan Public Acts of 1992 as amended,
staff has requested to create a new Neighborhood Enterprise Zone (NEZ) district
for 2209 Valley St.
This public hearing is being held to consider the establishment of a
Neighborhood Enterprise Zone (NEZ) district at 2209 Valley St. Inclusion in a NEZ
district allows eligible property owners to apply for NEZ certificates, which lower
residential property taxes on newly constructed or rehabilitated homes. Only
the residential component of the proposed development at this address would
be affected by the NEZ designation.
In accordance with Public Act 147 of 1992, as amended, notice of the
proposed NEZ district was mailed to all affected local taxing jurisdictions on
June 12, 2025. Per state requirements:

    • A public hearing must be held within 45 days of the notice being sent.



                                  Page 5 of 19
    • The resolution establishing the NEZ district may not be adopted until at
      least 60 days after notice was issued.

The resolution to establish the NEZ district at 2209 Valley St. is scheduled to
return to the City Commission for consideration on August 12, 2025.
State law allows up to 15% of a local government’s total land area to be
designated as NEZ districts. The City of Muskegon is currently at 13.17%. The
addition of the proposed NEZ district at 2209 Valley St. would remain within the
allowable limit.
STAFF RECOMMENDATION: I move to close the public hearing for 2209 Valley St.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.

Motion by Vice Mayor St.Clair, second by Commissioner Kochin, to close the
public hearing for 2209 Valley St.
ROLL VOTE: Ayes: Kilgo, German, Gorman, Kochin, St.Clair, and Johnson
           Nays: None
MOTION PASSES

    F. Request to Create a New Neighborhood Enterprise Zone District at 2247
       Valley St. Economic Development
Pursuant to Public Act 147 of the Michigan Public Acts of 1992 as amended,
staff has requested to create a new Neighborhood Enterprise Zone (NEZ) district
for 2247 Valley St.
This public hearing is being held to consider the establishment of a
Neighborhood Enterprise Zone (NEZ) district at 2247 Valley St. Inclusion in a NEZ
district allows eligible property owners to apply for NEZ certificates, which lower
residential property taxes on newly constructed or rehabilitated homes. Only
the residential component of the proposed development at this address would
be affected by the NEZ designation.
In accordance with Public Act 147 of 1992, as amended, notice of the
proposed NEZ district was mailed to all affected local taxing jurisdictions on
June 12, 2025. Per state requirements:

    • A public hearing must be held within 45 days of the notice being sent.
    • The resolution establishing the NEZ district may not be adopted until at
      least 60 days after notice was issued.

The resolution to establish the NEZ district at 2247 Valley St. is scheduled to
return to the City Commission for consideration on August 12, 2025.




                                   Page 6 of 19
State law allows up to 15% of a local government’s total land area to be
designated as NEZ districts. The City of Muskegon is currently at 13.17%. The
addition of the proposed NEZ district at 2247 Valley St. would remain within the
allowable limit.
STAFF RECOMMENDATION: I move to close the public hearing for 2247 Valley St.
The Public Hearing opened to hear and consider any comments from the
public. Comments were made from Pastor Dwayne Riley.

Motion by Commissioner German, second by Vice Mayor St.Clair, to close the
public hearing for 2247 Valley St.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, and Kilgo
           Nays: None
MOTION PASSES

    G. Request to Create a New Neighborhood Enterprise Zone District at 2155
       Continental St. Economic Development
Pursuant to Public Act 147 of the Michigan Public Acts of 1992 as amended,
staff has requested to create a new Neighborhood Enterprise Zone (NEZ) district
for 2155 Continental St.
This public hearing is being held to consider the establishment of a
Neighborhood Enterprise Zone (NEZ) district at 2155 Continental St. Inclusion in a
NEZ district allows eligible property owners to apply for NEZ certificates, which
lower residential property taxes on newly constructed or rehabilitated homes.
Only the residential component of the proposed development at this address
would be affected by the NEZ designation.
In accordance with Public Act 147 of 1992, as amended, notice of the
proposed NEZ district was mailed to all affected local taxing jurisdictions on
June 12, 2025. Per state requirements:

    • A public hearing must be held within 45 days of the notice being sent.
    • The resolution establishing the NEZ district may not be adopted until at
      least 60 days after notice was issued.

The resolution to establish the NEZ district at 2155 Continental St. is scheduled to
return to the City Commission for consideration on August 12, 2025.
State law allows up to 15% of a local government’s total land area to be
designated as NEZ districts. The City of Muskegon is currently at 13.17%. The
addition of the proposed NEZ district at 2247 Valley St. would remain within the
allowable limit.




                                   Page 7 of 19
STAFF RECOMMENDATION: I move to close the public hearing at 2155
Continental St.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.

Motion by Commissioner Kochin, second by Commissioner Kilgo, to close the
public hearing at 2155 Continental St.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, and Kilgo
           Nays: None
MOTION PASSES

FEDERAL/STATE/COUNTY OFFICIALS UPDATE
No comments were received.

PUBLIC COMMENT ON AGENDA ITEMS
No public comments were received.

2025-56 CONSENT AGENDA
    A. Approval of Minutes City Clerk
To approve minutes of the June 24, 2025, City Commission Meeting.
STAFF RECOMMENDATION: Approval of the minutes.
    B. Purchase of Tax Auction Properties Planning
Purchase of vacant lots and one house from the County Treasurer.
Prior to the August 1st, 2025, Tax Auction, the City has the opportunity to express
interest in vacant land and houses to the County Treasurer. There is 1 address
(1764 Manz) with a home on it, that will be developed by the CNS Department
with HOME funds and sold to buyers at or below the 80% AMI. There are 5
vacant lots (872 E Forest, 1642 Dyson, 181 Irwin, 1500 Park, and 771 McLaughlin)
that will be used to help further infill housing goals. All properties purchased will
be for public purposes. Three properties were removed from the original list of
properties (240 Mason, 436 Catawba, and 159 W Larch). These properties' cost
was originally $11,355.87. Notice was given today (7/8/25) that an Intent to
Claim was filed with the County Treasurer's office by previous owners, raising
the total cost of these three addresses to $166,800. When an Intent to Claim is
filed, the minimum purchase amount is changed to fair market value, or double
the SEV.
STAFF RECOMMENDATION: Authorize the Code Coordinator to proceed with
the purchase of the addresses in the letter of intent from the Muskegon County
Treasurer Tax Auction, 8/1/2025.



                                   Page 8 of 19
    D. Adoption of the Muskegon County Hazard Mitigation Plan Public Safety
Staff seeks the adoption of the Muskegon County Hazard Mitigation Plan and
approval of the corresponding resolution of support.
Muskegon County Emergency Management completed the Muskegon County
Hazard Mitigation Plan (HMP) 2024-2029 Edition. The document was prepared in
accordance with the Disaster Mitigation Act of 2000 to identify and assess the
County’s risk and vulnerabilities to hazards, and to outline strategies and
options for minimizing the damage and impact of future disasters.
The HMP is a required document in order for local agencies to pursue state and
federal grant funding.
The County is requesting the City's adoption of a resolution in support of the
HMP.
The document can be accessed at -
https://co.muskegon.mi.us/1973/Emergency-Management
STAFF RECOMMENDATION: I move to adopt the Muskegon County Hazard
Mitigation Plan and authorize the Mayor and Clerk to sign the resolution.
    F. Sale of 1783 Smith Planning
Staff is seeking authorization to sell the City-owned vacant lot at 1783 Smith to
B&L Properties #1 LLC (Brian Tierman).
B&L Properties #1 LLC (Brian Tierman) would like to purchase the City-owned
buildable lot at 1783 Smith for $2,775 (75% of the True Cash Value of $3,700) plus
half of the closing costs, and the fee to register the deed. Brian Tierman, an
adjacent property owner and local business owner, will be constructing a
duplex on the property. The lot dimensions are 45' x 125.5' (5,647.5 sq ft),
meeting the requirements for a duplex build.
STAFF RECOMMENDATION: Authorize staff to sell the City-owned vacant lot at
1783 Smith to B&L Properties #1 LLC (Brian Tierman).
    I. Certification of MERS Representatives Finance
Assigning Delegates for MERS Conference.
The MERS plan document provides that "the governing body for each
municipality shall certify the names of (2) delegates to the Annual
Meeting. One delegate shall be a member who is an officer of the
municipality appointed by the governing body of the municipality. The other
delegate shall be a member who is not an officer of the municipality, elected
by the municipal officers/employees of the municipality."
The City's employee units previously agreed to a rotating system (based on the
date of joining MERS) to select one official employee representative. This year,
the official employee representative attending the MERS conference will be
Scott Hepworth from Police Command.
The Officer Delegate will be Jessica Rabe, Assistant Finance Director, this year.
STAFF RECOMMENDATION: To approve Jessica Rabe (Assistant Finance Director)



                                  Page 9 of 19
as designated delegate to MERS Conference and to make Scott Hepworth
employee representative.
    K. MML Workers' Compensation Fund Board Ballot Manager's Office
As a member of the Michigan Municipal League's (MML) Worker's
Compensation Fund, the City of Muskegon votes for the fund's board members.
The recommended slate of four candidates can be found on the page
following the memo.
As a member of the Michigan Municipal League's (MML) Worker's
Compensation Fund, the City of Muskegon votes for the fund's board members.
The Commission must approve a slate of up to four candidates. The
recommended slate of candidates include the following individuals:

    •   Brian Boggs, City Councilmember, City of Durand
    •   Maureen Donker, Mayor, City of Midland
    •   Craig Stolsonburg, Village Manager, Village of Middleville
    •   Deborah Stuart, City Manager, Mason City

STAFF RECOMMENDATION: To approve the MML Workers' Compensation Fund
Board of Trustees slate as presented and authorize the City Manager to sign.

    L. Rezoning of 62 Irwin Ave from Neighborhood Residential (R) to Low-
       Density Multiple Family Residential (RM-1). (SECOND
       READING) Planning
Request to rezone the property at 62 Irwin Ave from R, Neighborhood
Residential to RM-1, Low-Density Multiple Family Residential. The Planning
Commission unanimously (6-0, 3 members absent) recommended approval of
the request.
The property is zoned R-1, Neighborhood Residential. The parcel measures
13,200 sq ft, and the vacant church on-site measures 2,583 sq ft. The applicant
would like to convert the former church building into residential units. The
current zoning would allow up to a duplex, but the building is large enough to
host more units. A rezoning to RM-1 would allow up to 16 units per acre, which
would be four units on this property, assuming each unit would meet the
necessary size requirements. With RM-1 zoning, the applicant would also have
the option to apply for a special use permit for a single-room occupancy
building, which he is also considering.
The parcels to the west along Peck Street are also zoned RM-1. However, staff
have been holding focus group discussions with these business owners about
the possibility of rezoning the district to form-based code. Initial discussions were
very positive and well-received. Even if these parcels were to be rezoned away
from RM-1, the rezoning of 62 Irwin should still be considered for a rezoning to
this designation, and staff do not believe this would be considered a spot zone.



                                  Page 10 of 19
The Master Plan specifically talks about being flexible with the zoning of former
civic buildings and allowing more density in their redevelopment.
Notice was sent to all properties within 300 feet of this parcel. At the time of this
writing, staff had not received any comments from the public.
STAFF RECOMMENDATION: I move to approve the request to rezone the
property at 62 Irwin Ave from R, Neighborhood Residential to RM-1, Low-Density
Multiple Family Residential.
    M. Rezoning of 1188 Lakeshore Dr from Lakefront Recreation (LR) to Form
       Based Code, Urban Residential (FBC, UR). (SECOND READING) Planning
Request to rezone the property at 1188 Lakeshore Dr from Lakefront Recreation
(LR) to Form Based Code, Urban Residential (FBC-UR). The Planning Commission
unanimously (6-0, 3 members absent) recommended approval of the request.
This vacant lot measures 1.6 acres and is zoned LR, Lakefront Recreation. It is
located between the Lakeshore Yacht Harbour marina and Adelaide Point
and is owned by Cole's Quality Foods. The applicant is considering purchasing
the property and would like to build a single-family house to live in. The LR
zoning designation does not allow for housing. The lot does not have frontage
on a street, but the applicant is working with Lakeshore Yacht Harbour to
obtain an easement from the southern end of this lot to W. Western Ave.
The applicant is requesting to rezone the property to Form Based Code, Urban
Residential, which would allow up to a duplex and an accessory dwelling unit,
in terms of density. However, he is only planning on developing one single-
family house. Much of the lot is unusable for construction as it lies below the
ordinary high watermark, and there is also a large slope in the building footprint
area. Utilities will need to be installed underneath the former railroad ROW, and
the applicant will be responsible for obtaining easements from CSX. A driveway
will also need to be installed at the end of the cul-de-sac and across the bike
path. A permit from the City Engineering Department will be required.
The future land use map in the Master Plan identifies this parcel as "Lakeshore,"
which is described as "Mixed-use development and recreational, water-related
activities located along the Muskegon Lake shoreline. The large lot sizes,
uniquely shaped parcels, and wide range of permitted uses, Planned Unit
Developments (PUD) are common in this land use category."
A site plan is not required for a rezoning request, but one has been provided to
show how the development would work. The applicant has worked with city
staff to create a driveway that would be placed in a way to minimize conflict
with the bike path.
STAFF RECOMMENDATION: I move to approve the request to rezone the
property at 1188 Lakeshore Dr from Lakefront Recreation to Form Based Code,
Urban Residential.
    P. Water Supply System Bonds Series 2025 Finance




                                   Page 11 of 19
Ordinance authorizing the issuance of a Water Supply Junior Lien Revenue
Bond Series 2025.
The bonds are expected to be sold to the Michigan Finance Authority and
payable in 20 annual principal installments at an interest rate of 2.0%. Bond
closing is scheduled for August 28th.
Estimated Principal Forgiveness has yet to be determined.
STAFF RECOMMENDATION:
To authorize the issuance of Water Sewer Supply System Bonds, Series 2025 for
an amount not to exceed $15,000,000.00
   Q. Marshall Water Tower Improvements Project Public Works
Authorize the award of the Marshall Water Tower Improvements Project to 7
Brothers Painting, and authorize the Clerk to sign the resolution.
Our engineering consultant Prein & Newhof solicited bids for Marshall Water
Tower Improvements Project including painting of the interior and adding a
mixer. This project was introduced to the Commission at an earlier Commission
meeting when the engineering work was awarded. It was also included in our
DWRF Project Plans in June of 2021.
The low bidder, Seven Brothers Painting has completed similar projects and is
recommended by staff and Prein & Newhof. Their bid of $2,553,952.00 is below
the engineers estimate. This project is financed through the sale of bonds in
partnership with the State of Michigan Lean Water and Drinking Water
Revolving Funds. The State of Michigan programs offer grants and principal
forgiveness for portions of the project. We anticipate that when bonds are sold
later this summer, we will be offered grants and forgiveness worth 20% of the
water system cost. A portion of the project will be financed and added to the
water and sewer debt fees. Staff will estimate the debt fees associated with
this project once grants and bonds are finalized.
STAFF RECOMMENDATION: I move to approve award of the Marshall Water
Tower Improvements Project to Seven Brothers Painting, and authorize the Clerk
to sign the resolution.
   R. DWSRF FY 2025 - Lead Service Line Replacement Public Works
Authorize the award of the Lead Service Line Replacements Project (LSLR) to
the low bidder, Gustafson HDD, LLC, and authorize the Clerk to sign the
resolution.
Our engineering consultant Prein & Newhof solicited bids for Lead Service line
replacement within portions of the Nims and Marsh Field area
neighborhoods. This project was introduced to the Commission at an earlier
meeting when the engineering work was awarded. It was also included in our
DWRF Project Plans in May of 2024.
Gustafson HDD, LLC was the low bidder with a bid of $7,188,070.00 which was
well below the engineer's estimate. Therefore, Prein & Newhof worked with the
state and identified additional lead service lines that could be added to the


                                Page 12 of 19
contract. Staff is requesting approval of a pre-award change order in the
amount of $2,330,863.28 in addition to the low bid amount of $7,188,070.00 to
bring the total contract amount to $9,518,933.28 which will allow the city to
take full advantage of bonding and principal forgiveness being offered to us
through the state and replace an additional 320 lead service lines within the
City.
Gustafson HDD, LLC has previously performed this type of work well within the
City of Muskegon and is currently working on a similar project here in the City of
Muskegon that is also overseen by Prein & Newhof.
STAFF RECOMMENDATION: To approve the award of the 2025 Lead Service Line
Replacement Contract to Gustafson, HDD,LLC, contingent upon successful
financial arrangements with the DWRF program, and authorize the Clerk to sign
the resolution.
    S. DWSRF FY 2025 - Butler & Catherine Avenue Reconstruction Project
       Award Public Works
Award the DWSRF FY-25 Butler & Catherine Avenue Reconstruction Project to
Kamminga & Roodvoets in the low bid amount of $3,604,621.50.
Our engineering consultant Prein & Newhof solicited bids for the Reconstruction
of Butler and Catherine Avenue Project.The project was introduced to the
Commission at a previous meeting when the engineering work was awarded
and was also included in our DWSRF Project Plans in May of 2024.
The Low bidder, Kamminga & Roodvoets, has performed similar projects for the
City including most recently the Wilcox-Thompson Utility Improvements and
Street Reconstruction Project, and is recommended by staff and Prein &
Newhof. Their bid of $3,604,621.50 is below the engineer's estimate.
This project is financed through the sale of bonds in partnership with the State
of Michigan Drinking Water Revolving Funds. The State of Michigan programs
offer grants and principal forgiveness for portions of the project. We anticipate
that when bonds are sold later this summer, we will be offered forgiveness
worth approx. 20% of the water system cost. For this project, that amount is
estimated at $2,797,000. The remainder of the project will be financed with a
2.00% interest rate for 20 years.
The portion of the project that will be financed will be added to the water debt
fees which will be calculated when the bond sale is complete.
STAFF RECOMMENDATION: I move to approve award of the Butler and
Catherine Reconstruction Project to Kamminga & Roodvoets contingent upon
successful financial arrangements with the DWSRF program, and authorize the
Clerk to sign the resolution.

Motion by Commissioner Kilgo, second by Commissioner German, to adopt the
Consent Agenda as presented minus items C, E, G, H, J, N, and O.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and German


                                 Page 13 of 19
             Nays: None
MOTION PASSES

2025-57 ITEMS REMOVED FROM THE CONSENT AGENDA
    C. City Support Emergency Operations Plan Public Safety
Staff seeks adoption of the City's updated Support Emergency Operations Plan.
Public Safety staff seek the adoption of an updated City-specific Support
Emergency Operations Plan (EOP) which describes how the City will handle
emergency situations in cooperation with the County and MSP Emergency
Management agencies. The scope of the Support EOP is limited to severe
weather events, as other areas of emergency management responsibility will
remain with the County of Muskegon’s Emergency Manager. The goal is to
coordinate emergency response efforts, before, during and after, and respond
to any emergency, and describe response procedures. The Support EOP does
not contain specific instructions as to how each department will respond to an
emergency; these can be found in the Plan annexes. This Plan will assist staff in
accomplishing our primary responsibilities of protecting lives and property.
STAFF RECOMMENDATION: I move to adopt the updated City's Support
Emergency Operations Plan.

Motion by Commissioner Kochin, second by Commissioner Kilgo, to adopt the
updated City's Support Emergency Operations Plan.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, German, and Gorman
           Nays: None
MOTION PASSES

    E. Sale of 617, 625, 635, 638, and 644 Oak Planning
Staff is seeking authorization to sell the City-owned vacant lots at 617, 625, 635,
638, and 644 Oak to Sjaarda Homes and Properties LLC (Derek Sjaarda).
Sjaarda Homes and Properties LLC (Derek Sjaarda) would like to purchase the
City-owned buildable lots at 617, 625, 635, 638, and 644 Oak for $15,150 (75% of
the True Cash Value of $20,200) plus half of the closing costs, and the fee to
register the deed. Sjaarda Homes and Properties LLC (Derek Sjaarda) will be
constructing a duplex on each property.
STAFF RECOMMENDATION: Authorize staff to sell the City-owned vacant lots at
617, 625, 635, 638, and 644 Oak to Sjaarda Homes and Properties LLC (Derek
Sjaarda).




                                  Page 14 of 19
Motion by Commissioner German, second by Commissioner Kilgo, to authorize
staff to sell the City-owned vacant lots at 617, 625, 635, 638, and 644 Oak to
Sjaarda Homes and Properties LLC (Derek Sjaarda).
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, German, Gorman, and Kochin
           Nays: None
MOTION PASSES

    G. Annual Action Plan Budget 2025 Community & Neighborhood Services
The budgets for both CDBG and HOME funds are for your review and consent.
The Annual Action Plan Budgets are presented to the Commission for approval
based on the Department of Housing and Urban Development (HUD)
appropriations for FY2024. The Community Planning and Development (CPD)
office-funded programs are Community Development Block Grant (CDBG)
and HOME investment Partnerships (HOME) and the allocations total
$1,178,377.76 for eligible programs administered by the office of Community
and Neighborhood Services.
STAFF RECOMMENDATION: To approve the 2024 Annual Action Plan Budgets for
CDBG and HOME Programs.

Motion by Commissioner German, second by Commissioner Kochin, to
approve the 2024 Annual Action Plan Budgets for CDBG and HOME Programs.

ROLL VOTE: Ayes: Johnson, Kilgo, German, Gorman, Kochin, and St.Clair
           Nays: None
MOTION PASSES

    H. Sale of 802 & 818 Wood Planning
Staff is seeking authorization to sell the City-owned vacant lots at 802 & 818
Wood to Jeffrey Vos, Infrastructure C & E.
Jeffrey Vos, Infrastructure C & E, would like to purchase the City-owned
buildable lots at 802 & 818 Wood for $7,500 (75% of the True Cash Value of
$10,000) plus half of the closing costs, and the fee to register the deed. Jeffrey
Vos, Infrastructure C & E, will be constructing seven (7) single-family homes on
the site. The parcels will be combined and split into seven separate parcels.
STAFF RECOMMENDATION: Authorize staff to sell the City-owned vacant lots at
802 & 818 Wood to Jeffrey Vos, Infrastructure C & E.




                                  Page 15 of 19
Motion by Commissioner German, second by Commissioner Kilgo, to authorize
staff to sell the City-owned vacant lots at 802 & 818 Wood to Jeffrey Vos,
Infrastructure C & E.
ROLL VOTE: Ayes: Kilgo, Gorman, Kochin, St.Clair, and Johnson
           Nays: German
MOTION PASSES

    J. Burning Foot Camping DPW- Parks and Recreation
The Burning Foot event organizers are requesting approval to allow camping at
Pere Marquette and Margaret Drake Elliott on August 23, 2025, and amend the
camping fee to 10% of the camping revenue instead of $20 per tent.
Burning Foot is returning to Pere Marquette on August 23, 2025. In the past,
camping was allowed south of the bathhouse and some RVs at Margaret
Drake Elliott Park. There could be up to 300 tent sites and 30 RV campsites.
Current policy states that approval must be given by the City Commission to
have camping at an event.
Policy also states the City Commission may opt to collect a percentage of
camping revenue for larger events in lieu of $20 per night per camper or tent.
Historically, this event had a fee of 10% of camping revenue instead of $20/site.
The event charges $70 per tent site and $200 per RV site. Therefore, if 10% of
camping revenue is used for the fee, the city cost would be $7 per tent site and
$20 per RV site. If all sites were reserved, event fee camping revenue at $20/site
would be $6,600 versus $2,700 at 10% of camping revenue. Burning Foot is also
charged a Pere Marquette use fee for the space and all vehicles must have a
parking pass.
STAFF RECOMMENDATION: To authorize camping at Burning Foot at Pere
Marquette and Margaret Drake Elliott on August 23, 2025, and accept 10% of
their camping revenue as a fee to the City.

Motion by Commissioner Kochin, second by Commissioner Kilgo, to authorize
camping at Burning Foot at Pere Marquette and Margaret Drake Elliott on
August 23, 2025, and accept 10% of their camping revenue as a fee to the City.
ROLL VOTE: Ayes: German, Gorman, St.Clair, Johnson, and Kilgo
           Nays: Kochin
MOTION PASSES

    N. Beach Concession Application - Shady Lay-Days Beach Chair and
       Umbrella Rentals DPW- Parks




                                 Page 16 of 19
The Parks Department has received an application from Shady Lay-Days to
provide beach chair & umbrella rentals at Pere Marquette Park. The benefit for
the City of Muskegon would be additional revenue as the concession policy
states that vendors at this location would pay $1,000 + 5% of gross receipts. This
would also allow visitors the convenience of renting a comfortable chair and
umbrella during their time at the beach. Hours and frequency are to be
determined, but this service will be offered on weekends and would use
Indiana Ave. to house a trailer and has requested the use of an ATV to haul the
equipment.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with
Shady Lay-Days for concession services at Pere Marquette Park.

Motion by Commissioner Kochin, second by Commissioner German, to
authorize staff to enter into an agreement with Shady Lay-Days for concession
services at Pere Marquette Park.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, and Kilgo
           Nays: None
MOTION PASSES

    O. Water & Sewer Rate Changes 2025 Public Works
Staff requests adoption of the two resolutions setting water and sewer rates for
the fiscal year from July 1, 2025 to June 30, 2026.
At the February Legislative Policy Committee meeting staff presented a
synopsis of the water system finances, including that the water system has
made significant progress toward solvency but remains in debt to other City
funds by about $330,000 at the close of the 23-24 fiscal year.
Staff is recommending no changes to the sewer rate, except for the updated
debt service fee as described below. Staff recommends a 10% increase in the
water commodity rate from $2.27 per unit to $2.50 per unit, and recommends
the updated debt service fee described below.
This is the third year of the debt service fee, and the second time it will be
updated on an annual basis. This fee, when combined from all accounts,
represents the total amount of debt paid in the prior fiscal year (for example,
the fee proposed at this time will reimburse the system for the debt paid in the
fiscal year ending June 30, 2024). Each year, staff will make an accounting of
the amount of debt paid by each of the systems and will present adjustments
to the fee for consideration by the Commission. This will more directly tie the
projects the City performs to the amount of the water bill, and will allow the fee
to be reduced as certain bonds or other debts fall off of the system books.
The fee is distributed on a meter equivalency basis, meaning a typical
residential account will pay the fee at a rate of “one,” while commercial and



                                 Page 17 of 19
industrial accounts will pay the fee at a potentially higher rate depending on
the size of their water meter. Irrigation accounts will not pay the fee, assuming
they are tied to a domestic water account at the same address. A breakdown
of the meter equivalency calculations using factors from the American Water
Works Association (AWWA) is available. The water system paid $1,192,364 in
debt payments for the fiscal year ending June 30, 2024, and the sewer system
paid $425,188 for the same period. Using the chart, the fee will be $5.98 per
month for a residential account on the water system, and $2.13 per month for a
residential account on the sewer system. This represents a $0.15 increase in the
combined debt service fees compared to the current fees.
City Code states that the City Commission sets the water and sewer rates by
resolution. The resolutions will establish the rates and fees described herein,
effective July 1, 2025.
STAFF RECOMMENDATION: Adoption of the two resolutions setting water and
sewer rates for the fiscal year from July 1, 2025, to June 30, 2026.

Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to adopt the
two resolutions setting water and sewer rates for the fiscal year from July 1,
2025, to June 30, 2026.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and German
           Nays: None
MOTION PASSES


2025-58 NEW BUSINESS
    A. CRC Appointments and Resignation City Clerk
Appoint a citizen to the Local Officer's Compensation Commission with an
expiring term of January 31, 2032, accept the resignation of Thomas DeVoogd
from the District Library Board, and accept the recommendation from the
Board to appoint Brad Hastings for the remainder of the term expiring June 30,
2026.
We currently have one opening and one application. The application is Philip
Hickman who currently serves on the Equal Opportunity Committee. We also
ask that the board accept the resignation of Thomas DeVoogd and consider
the application for Brad Hastings to the District Library Board.
STAFF RECOMMENDATION: Appoint a citizen to the Local Officer's
Compensation Commission with an expiring term of January 31, 2032, accept
the resignation of Thomas DeVoogd, and appoint Brad Hastings to the District
Library Board with a term ending June 30, 2026.




                                 Page 18 of 19
Motion by Vice Mayor St.Clair, second by Commissioner Kilgo, to accept the
resignation of Thomas DeVoogd, and appoint Brad Hastings to the District
Library Board with a term ending June 30, 2026.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, German, and Gorman
           Nays: None
MOTION PASSES

ANY OTHER BUSINESS
Commissioner German stated that he has concerns with all the development
that has been going on reference property lines. Make sure we do everything
we can to make sure everyone is satisfied.
Mayor Johnson stated Senior Power Produce started today at the Muskegon
Farmers Market and continues every Tuesday until money runs out.
Summer Youth Evening Rec. Program, Path Finders is leading it and it is being
held at Charles Hackley Middle School, Monday-Thursday through August 7,
from 5:00 p.m. to 9:00 p.m., for ages 8-20.
City Manager Jonathan Seyferth announced that those who were unable to
attend the Shoreline Trails and Greenway Meeting last month can go online
and complete the survey. Deputy City Manager LeighAnn Mikesell will be
attending the July 22nd Meeting.
Commissioner Kochin announced the Pop-Up Party is at Campbell Field,
Wednesday, July 9th from 4:00 p.m. to 5:30 p.m.; and Street Performers will be in
Lakeside, Thursday, July 10th 6:00 p.m. to 8:00 p.m.
Mayor Johnson announced that the Food Trucks will be at the Muskegon
Farmers Market, Wednesday, July 9th from 5:00 p.m. to 8:00 p.m.

GENERAL PUBLIC COMMENT
Public comments received.


ADJOURNMENT
The City Commission meeting adjourned at 8:55 p.m.




                                       Respectfully Submitted,



                                       Ann Marie Meisch, MMC City Clerk




                                 Page 19 of 19

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