City Commission Minutes 08-26-2025

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
            August 26, 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, August 26, 2025.
Reverend Tara Foreman from Bethany 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
Destinee Keener, Willie German, Jr., Katrina Kochin, and Jay Kilgo, City
Manager Jonathan Seyferth, City Attorney John Schrier, and City Clerk Ann
Marie Meisch
Absent: Commissioner Rachel Gorman

PUBLIC COMMENT ON AGENDA ITEMS
No public comments were made.

2025-70 CONSENT AGENDA
    A. Approval of Minutes City Clerk
To approve minutes of the August 11, 2025, Commission Worksession Meeting,
and the August 12, 2025, City Commission Meeting.
STAFF RECOMMENDATION: Approval of the minutes.
    C. Roller Purchase Public Works
Staff is requesting to purchase a roller from Michigan CAT for $74,098.90.
The Equipment Division is seeking to purchase a new roller for the Highway
Department. This roller is larger than the current roller we use for road repairs
and will allow for larger road repairs and better quality repairs. Staff used
several different rollers to determine what best fit the needs of the department
and this machine performed the best. The Highway Department budgeted
$75,000 for a new roller in the 25-26 fiscal year and this roller meets the needs


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and falls in budget at $74,098.90. Michigan CAT has offered the roller at
Sourcewell pricing, ensuring the City receives their best price. Sourcewell is a
purchasing cooperative that competitively bids contracts and items and offers
the best bid price to its members. This competitive bidding process meets the
multiple bid requirements of the City.
STAFF RECOMMENDATION: I move to authorize staff to purchase a roller from
Michigan CAT for $74,098.90.
    E. First Amendment to PILOT Agreement for Park Terrace Apartments
       Acquisition Manager's Office
The existing ownership of Park Terrace Apartments and Village at Park Terrace
Senior Apartments is seeking to sell the portfolio to new ownership. To preserve
and lengthen the affordability period, a new Contract for Housing Exemption is
required for both projects. The Commission approved this on May 27, 2025 - this
is an amendment to extend the Property Acquisition Deadline to December 1,
2025 (original date was September 1, 2025).
As noted in May, the new owners hope to put significant capital investment
into the facilities in the coming years, and in order to finance the project and
make that possible, they are requesting an updated and restated PILOT on
both Park Terrace as well as the senior living component, Village at Park
Terrace. None of the details of the agreements have changed, other than the
Acquisition Deadline, which is being extended from September 1, 2025, to
December 1, 2025. The agreement reflects a slight reduction in the PILOT rate
to 4% of annual shelter rents but establishes a Municipal Services Agreement
(MSA) Charge in a separate agreement. This is to our advantage because the
total MSA revenue stays with the City, rather than being split between the
taxing jurisdictions like the PILOT payment. This document is the contract for
housing exemption for up to 25 years, which will require adherence to MSHDA-
regulated rents per requirements in our local ordinance.
STAFF RECOMMENDATION: To approve the First Amendment to Amend and
Restated Contract for Housing Exemption, and authorize the Clerk and Mayor
to sign.
    F. First Amendment to Municipal Services Agreement Park Terrace
       Apartments Acquisition Manager's Office
The existing ownership of Park Terrace Apartments and Village at Park Terrace
Senior Apartments is seeking to sell the portfolio to new ownership. To preserve
and lengthen the affordability period, a new Municipal Services Agreement is
required for both projects. The Commission approved this on May 27, 2025 - this
is an amendment to extend the Property Acquisition Deadline to December 1,
2025 (original date was September 1, 2025).
As noted in May, the new owners hope to put significant capital investment
into the facilities in the coming years, and in order to finance the project and
make that possible, they are requesting an updated and restated Municipal


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Services Agreement (MSA) on both Park Terrace as well as the senior living
component, Village at Park Terrace. None of the details of the agreements
have changed, other than the Acquisition Deadline, which is being extended
from September 1, 2025, to December 1, 2025. The agreement establishes a
new Municipal Services Agreement (MSA) of 2% of the annual shelter rent. This
is to our advantage because the total MSA revenue stays with the City, rather
than being split between the taxing jurisdictions like the PILOT payment. This
document is the contract for housing exemption for up to 25 years, which will
require adherence to MSHDA-regulated rents per requirements in our local
ordinance.
STAFF RECOMMENDATION: To approve the First Amendment to the Municipal
Services agreement for Park Terrace Apartments as presented and to authorize
the Clerk and Mayor to sign.
    G. First Amendment to the PILOT Agreement for Village at Park Terrace
       Acquisition Manager's Office
The existing ownership of Village at Park Terrace Senior Apartments and Park
Terrace Apartments is seeking to sell the portfolio to new ownership. To preserve
and lengthen the affordability period, a new Contract for Housing Exemption is
required for both projects. The Commission approved this on May 27, 2025 - this
is an amendment to extend the Property Acquisition Deadline to December 1,
2025 (original date was September 1, 2025).
As noted in May, the new owners plan to invest significantly in the facilities over
the coming years. To finance this project, they are requesting an updated and
restated PILOT for both the senior living components, Village at Park Terrace
and Park Terrace. None of the details of the agreements have changed, other
than the Acquisition Deadline, which is being extended from September 1,
2025, to December 1, 2025. The agreement reflects a slight reduction in the
PILOT rate to 4% of annual shelter rents but establishes a Municipal Services
Agreement (MSA) Charge in a separate agreement. This is to our advantage
because the total MSA revenue stays with the City, rather than being split
between the taxing jurisdictions like the PILOT payment. This document is the
contract for housing exemption for up to 25 years, which will require adherence
to MSHDA-regulated rents per requirements in our local ordinance.
STAFF RECOMMENDATION: To approve the First Amendment to Amend and
Restated Contract for Housing Exemption, and authorize the Clerk and Mayor
to sign.
    H. First Amendment to Municipal Services Agreement for Village at Park
       Terrace Acquisition Manager's Office
The existing ownership of Village at Park Terrace Senior Apartments and Park
Terrace Apartments is seeking to sell the portfolio to new ownership. To preserve
and lengthen the affordability period, a new Municipal Services Agreement is
required for both projects. The Commission approved this on May 27, 2025 - this


                                   Page 3 of 7
is an amendment to extend the Property Acquisition Deadline to December 1,
2025 (original date was September 1, 2025).
As noted in May, the new owners hope to put significant capital investment
into the facilities in the coming years, and in order to finance the project and
make that possible, they are requesting an updated and restated Municipal
Services Agreement (MSA) on both at the senior living component, Village at
Park Terrace and Park Terrace Apartments. None of the details of the
agreements have changed, other than the Acquisition Deadline, which is
being extended from September 1, 2025, to December 1, 2025. The agreement
establishes a new Municipal Services Agreement (MSA) of 2% of the annual
shelter rent. This is to our advantage because the total MSA revenue stays with
the City, rather than being split between the taxing jurisdictions like the PILOT
payment. This document is the contract for housing exemption for up to 25
years, which will require adherence to MSHDA-regulated rents per requirements
in our local ordinance.
STAFF RECOMMENDATION: To approve the First Amendment to the Municipal
Services agreement for Village at Park Terrace as presented and to authorize
the Clerk and Mayor to sign.
    I. Amendment to the Planned Unit Development (PUD) at Harbour Towne -
       Changes to the Restaurant at 3505 Marina View Point. Planning
Request for an amendment to the PUD to install coolers, build a compactor
enclosure, relocate and expand the outside bar, and add a fenced-in smoking
area, at 3505 Marina View Point (Dockers).
The restaurant (formerly Dockers) is located within the Harbour Towne PUD. Any
changes to the footprint of the building require an amendment to the PUD.
The site plan includes the following changes to the PUD:
- An additional cooler/freezer area will be added near the NE corner of the
property.
- The outdoor tiki bar will be slightly increased in size (to 480 sf) and will also be
slightly realigned to fit within the property line.
- A fence will be installed and will be used for an outdoor smoking area for
patrons.
- The existing dumpster and enclosure will be removed and be replaced with a
slightly larger trash compactor and enclosure (12' x 40').
Notice was sent to all properties within 300 feet. Staff did not receive any
comments from the public.
Staff Recommendation
Staff recommend approval of the PUD amendment with the condition that the
trash compactor area be screened with a stockade fence or masonry wall of
at least five feet tall.
Planning Commission Recommendation
The Planning Commission unanimously recommended in favor of the request
with the condition that the trash compactor area be screened with a stockade


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fence or masonry wall of at least five feet tall.
STAFF RECOMMENDATION: I move to approve the request to amend the
Planned Unit Development at Harbour Towne with the condition that the trash
compactor area be screened with a stockade fence or masonry wall of at
least five feet tall. (REQUIRES SECOND READING)

Motion by Commissioner Keener, second by Commissioner Kochin, to adopt
the Consent Agenda as presented minus items B and D.
ROLL VOTE: Ayes: German, Kochin, St.Clair, Johnson, Kilgo, and Keener
           Nays: None
MOTION PASSES

2025-71 ITEMS REMOVED FROM THE CONSENT AGENDA
    B. Sale of 561 Catherine Planning
Staff is seeking authorization to sell the City-owned vacant lot at 561 Catherine
to Habitat for Humanity of Kent County.
Habitat for Humanity of Kent County would like to purchase the City-owned
buildable lot at 561 Catherine 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. The lot
will be split into three 44' x 132' lots. Habitat for Humanity of Kent County will be
constructing a single-family home on each of the properties. The homes will be
sold to home-buyers at or below the 80% AMI. The sale price of each home is
estimated to fall between $165,000 and $185,000. Please note, the buyers have
requested that their timeline to commence construction be stated in the
purchase agreement as “by April 30, 2026” instead of the standard 60 days,
due to concern about meeting the deadline with it almost being September.
STAFF RECOMMENDATION: Authorize staff to sell the City-owned vacant lot at
561 Catherine to Habitat for Humanity of Kent County.

Motion by Commissioner German, second by Commissioner Kochin, to
authorize staff to sell the City-owned vacant lot at 561 Catherine to Habitat for
Humanity of Kent County.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, and German
           Nays: None
MOTION PASSES

    D. Ordinance Amendment: Curfew (SECOND READING) Public Safety
The Police Department recommends changing the City of Muskegon's Curfew
Ordinance definition of any minor under the age of 16 years of age or younger



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to under the age of 17 years of age or younger. This will follow suit with the
State of Michigan's change of the definition of juvenile from 17 to 18 to ensure
17-year-olds are protected under the curfew ordinance.
In 2021, in accordance with the Michigan Juvenile Justice Reform Act of 2018,
the definition of juvenile changed from age 17 and under to 18 and under in
MCL Section 712A.1. The Police Department recommends changing the City of
Muskegon's Curfew Ordinance definition of any minor under the age of 16
years of age or younger to under the age of 17 years of age or younger. This
will follow suit with the State of Michigan's change of the definition of juvenile to
ensure 17-year-olds are protected under the curfew ordinance.
STAFF RECOMMENDATION: I move to change Chapter 54, Article VII, Section 54-
241 of the Code of Ordinances from any minor 16 years of age or younger to
any minor 17 years of age or younger.

Motion by Commissioner German, second by Commissioner Keener, to
change Chapter 54, Article VII, Section 54-241 of the Code of Ordinances from
any minor 16 years of age or younger to any minor 17 years of age or younger.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, and German
           Nays: None
MOTION PASSES

ANY OTHER BUSINESS
City Clerk Ann Marie Meisch asked that the October 28th City Commission
Meeting be cancelled because it is during early voting. Also, the November
11th City Commission Meeting falls on Veterans Day so we will have a
Worksession/City Commission Meeting on November 10th. Commission were in
agreement.
Commissioner German stated he is on the Equal Opportunity Committee. They
make sure there is fair representation for everyone who may encounter some
type of issue, discrimination or harassment and there is a vacancy on the
Board. He was asked to look into the lack of contracts with minority businesses.
He also stated that the Citizens Police Review Board has concrerns with lack of
autonomy and he wanted to bring this to the Commission’s attention.
Commissioner Keener received numerous calls and emails about Fisherman’s
Landing broadcast on Fox and WZZM. There is a meeting on Thursday,
September 4th at 10:00 a.m. and 6:00 p.m. at Fisherman’s Landing pavilion.
Vice Mayor St.Clair stated that today is Women’s Equality Day. It is the 105th
anniversary of women receiving the right to vote in the United States.
Commissioner Kochin announced this weekend our very first Board Game
Convention is coming to town at the Convention Center, August 30th and 31st.
The Milwaukee Clipper will be having a Labor Day party at 6:00 p.m. on
Sunday, August 31st.


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Commissioner Keener stated that the vacant seat on the Equal Opportunity
Committee is in her ward. Please fill out an application.
Commissioner Kilgo stated there is a local Muskegon County resident who has
worked very hard to bring the comedy scene to the City of Muskegon.
Laughter on the Lakeshore Fest is this week on Friday and Saturday.
Mayor Johnson stated Labor Day is coming up. There is a parade at 11:00 a.m.
followed by a gathering at Hackley Park.

GENERAL PUBLIC COMMENT
Public comments received.

ADJOURNMENT
The City Commission meeting adjourned at 6:10 p.m.




                                    Respectfully Submitted,



                                    Ann Marie Meisch, MMC City Clerk




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