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CITY OF MUSKEGON
CITY COMMISSION MEETING
March 11, 2025 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
☐ CALL TO ORDER:
☐ PRAYER:
☐ PLEDGE OF ALLEGIANCE:
☐ ROLL CALL:
☐ HONORS, AWARDS, AND PRESENTATIONS:
☐ PUBLIC HEARINGS:
A. Recommendation of Annual Renewal of Liquor Licenses City Clerk
B. Act 425 Shared Jurisdiction Agreement with Fruitport Township Economic
Development
☐ FEDERAL/STATE/COUNTY OFFICIALS UPDATE:
☐ PUBLIC COMMENT ON AGENDA ITEMS:
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. CivicPlus 311 SeeClickFix Contract Public Works
C. Fireworks Display Permit for Boys & Girls Club of the Muskegon
Lakeshore City Clerk
D. Metro Act permit extension, KEPS Technologies DPW- Engineering
E. Amendment to the zoning ordinance - Cottage Court Developments -
Second Read Planning
F. Amendment to the zoning ordinance - Accessory Commercial Units -
Second Read Planning
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G. Western Market User Fees Updates Economic Development
H. 2025 Pavement Marking Program Public Works
I. Road Maintenance Materials, Aggregates, and Concrete Public Works
J. Campbell Field Park Playground Addition DPW- Parks
K. Consent for the transfer of deed restrictions on 1275 Dudley Economic
Development
L. Concur with CRC Recommendation to make Appointments to the Local
Development Finance Authority City Clerk
☐ UNFINISHED BUSINESS:
☐ NEW BUSINESS:
A. Nelson House Purchase and Redevelopment Agreement Conditions of
Sale Planning
☐ ANY OTHER BUSINESS:
☐ GENERAL PUBLIC COMMENT:
► Reminder: Individuals who would like to address the City Commission shall do the following: ►Fill out a
request to speak form attached to the agenda or located in the back of the room. ► Submit the form to
the City Clerk. ► Be recognized by the Chair. ► Step forward to the microphone. ► State name. ►Limit of
3 minutes to address the Commission.
☐ CLOSED SESSION:
☐ ADJOURNMENT:
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF
MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
To give comment on a live-streamed meeting the city will provide a call-in telephone
number to the public to be able to call and give comment. For a public meeting that is
not live-streamed, and which a citizen would like to watch and give comment, they
must contact the City Clerk’s Office with at least a two-business day notice. The
participant will then receive a zoom link which will allow them to watch live and give
comment. Contact information is below. For more details, please visit:
www.shorelinecity.com
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such
as signers for the hearing impaired and audio tapes of printed materials being
considered at the meeting, to individuals with disabilities who want to attend the
meeting with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with
disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or by calling the following:
Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705.
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clerk@shorelinecity.com
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 11, 2025 Title: Recommendation of Annual Renewal of
Liquor Licenses
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
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.
Detailed Summary & Background:
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.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Adopt the resolution.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
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Communication
Legal Review
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RESOLUTION RECOMMENDING STATE WITHHOLD
RENEWAL OF LIQUOR LICENSES FOR CODE
VIOLATIONS
Resolution No. 2025-
THE CITY COMMISSION OF THE CITY OF MUSKEGON DO RESOLVE, that
whereas, the following business establishments in the City of Muskegon have liquor
licenses and are found to be in violation of Article V, Section 50-146 and 50-147 of the
Code of Ordinances of the City of Muskegon:
Dollar General, 1367 E. Apple, Muskegon, MI 49442
Dollar General, 2160 Henry, Muskegon, MI 49441
Dollar General, 381 E. Laketon, Muskegon, MI 49442
AND WHEREAS, a hearing was held on March 11, 2025, before the City Commission to
allow such licensees an opportunity to refute the determination of the City Commission
that such establishments are in non-compliance with the City Code of Ordinances and
renewal of their liquor licenses should not be recommended by the City Commission; and
WHEREAS, an affidavit of mailing of Notices of Hearing and Notification of Non-
Compliance to City Standards to the licensees has been filed;
NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of
Muskegon hereby recommends that these liquor licenses not be approved for renewal,
and a copy of this Resolution be sent to the State Liquor Control Commission. If any of
these establishments come into compliance by March 20, 2025, they will be removed
from this Resolution.
Approved and adopted this 11th day of March, 2025.
AYES:
NAYS:
By:_________________________________
Ann Marie Cummings, MMC
City Clerk
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2025 Non-Compliance List
APPLICATION BUSINESS TREASURER/
Name ADDRESS INSPECTION AND FEE REGISTERED INCOME TAX POLICE
1367 E. APPLE AVE.
DOLLAR GENERAL #7763 MUSKEGON, MI 49442 X
2160 HENRY STREET
DOLLAR GENERAL #14337 MUSKEGON, MI 49441 X
381 E. LAKETON AVE.
DOLLAR GENERAL #24748 MUSKEGON, MI 49442 X
X - Not in compliance
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 11, 2025 Title: Act 425 Shared Jurisdiction Agreement with
Fruitport Township
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
A portion of the former West Shore Correctional Facility site that we have been infilling as an
addition 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.
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.
Detailed Summary & Background:
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 attached 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 it's local income tax.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Progress toward completion of ongoing economic development projects
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
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NA Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
General Fund Yes No N/A
Recommended Motion:
Motion to Approve the Act 425 Agreement with Fruitport Township as presented and to authorize the
Mayor and Clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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CONTRACT FOR CONDITIONAL TRANSFER OF JURISDICTION
Fruitport Charter Township
City of Muskegon
THIS CONTRACT, dated March 11, 2025, between the FRUITPORT CHARTER
TOWNSHIP, located at 5685 Airline Road, Fruitport, Michigan (“Fruitport”) and the CITY OF
MUSKEGON, 933 Terrace Street, Muskegon, Michigan (“Muskegon”) (collectively the
“parties”), is entered into by the parties on the following terms:
Recitals:
A. An economic development project, as defined in Act 425 of the Public Acts of
1984 of the State of Michigan (“the Act”), being MCL Section 124.21 et. seq., has commenced
on property in Muskegon and additional development is proposed on certain property located in
Fruitport and Muskegon and containing the corporate boundary between the parties. The
property to be transferred into the corporate boundaries of Muskegon is presently in Fruitport
and owned by Muskegon (the “Transferred Area”).
B. The parties have considered in formulating this Contract the following factors
which they deem relevant to the economic development project and their decision to enter into
this Contract:
(1) Composition of the population; population density; land area and land
uses; assessed valuation; topography, natural boundaries, and drainage basins; and the
past and probable future growth, including population increase and business, commercial
and industrial development in the area to be transferred. Comparative data for the
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transferring local unit and the portion of the local unit remaining after transfer of the
property shall be considered.
(2) The need for organized community services; the present cost and
adequacy of governmental services in the area to be transferred; the probable future needs
for services; the practicability of supplying such services in the area to be transferred; the
probable effect of the proposed transfer and of alternative courses of action on the cost
and adequacy of services in the area to be transferred and on the remaining portion of the
local unit from which the area will be transferred; the probable change in taxes and tax
rates in the area to be transferred in relation to the benefits expected to accrue from the
transfer; and the financial ability of the local unit responsible for services in the area to
provide and maintain those services.
(3) The general effect upon the local units of the proposed action; and the
relationship of the proposed action to any established city, village, township, county, or
regional land use plan.
C. The parties have determined that the economic development project qualifies
under the Act as the type of project, which is eligible for the conditional transfer contemplated
by this Contract.
THEREFORE, THE PARTIES AGREE:
1. Transferred Area. The Transferred Area, which is the subject of this conditional
transfer Contract, is described in Exhibit A.
2. Transfer Of Jurisdiction. Fruitport hereby transfers and Muskegon consents to
the transfer of governmental jurisdiction from Fruitport to Muskegon of the Transferred Area for
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the term of this Contract. The Transferred Area shall, for all purposes, be within the jurisdiction
of Muskegon.
3. Services. The said transfer of jurisdiction shall include the transfer of all
governmental powers. Muskegon shall provide all public services to the Transferred Area in
connection with its exercise of jurisdiction, except any services provided by other local units of
government per mutual aid or automatic aid agreements. Muskegon and Fruitport emphasize the
following:
3.1 The Transferred Area is zoned M-1 Commercial-Industrial Park.
Muskegon shall have jurisdiction over zoning of and shall have the authority to rezone the
Transferred Area.
3.2 The Transferred Area shall receive services on the same basis and for the
same fees and to the same extent as Muskegon provides within its legal limits. The rates,
fees and charges, if any, for all such services shall be as established by Muskegon.
3.3 Muskegon will provide water and sanitary sewer services on the same
basis and for the same fees and to the same extent as other property located within
Muskegon.
3.4 The Transferred Area shall be within the legal limits and jurisdiction of
Muskegon for purposes of special assessments.
3.5 Any natural persons residing within the Transferred Area shall be
entitled to vote on the same basis as all other natural persons residing within Muskegon.
4. Term. This Contract shall terminate at 11:59 p.m. on December 31, 2074.
However, no later than January 1, 2074 Muskegon and Fruitport shall commence negotiating, in
good faith, an extension of this Contract for an additional 50 years. Termination prior to the
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conclusion of the term shall occur only for cause as set forth below. Upon expiration of the said
term, including any extension, or termination of this Contract for cause pursuant to Paragraph
9.1, jurisdiction over the transferred area shall revert to Fruitport.
5. Approval of Contract. Each legislative body shall hold a public hearing
pursuant to Section 4 of the Act. In the event either legislative body adopts a resolution calling
for a referendum on the transfer, pursuant to Section 5 of the Act, the other party may
immediately rescind its offer to enter into the Contract by written notice. In the event petitions
are filed under Section 5 of the Act, for referendum, the parties shall each have the same right of
rescission.
Upon execution of this Contract, Muskegon shall provide an original of this
Contract to the County Clerk of Muskegon County and to the Michigan Secretary of State. This
Contract shall become effective on the last date as of which all Parties as shown below have
signed this Agreement (“Effective Date”).
Muskegon and Fruitport understand and agree that there may be the need to file
additional documents to give full effect and to fully implement this Contract. If requested by one
party, the other party shall cooperate in the preparation and execution of any requested
documents.
6. Sharing of Taxes and Revenues. In connection with the levying of taxes,
regardless of the type of tax, the City shall pay to Fruitport a payment in lieu of taxes as follows:
6.1. Real and Personal Property Tax. To the extent that any property within
the Transferred Area is tax exempt from ad valorem real or personal property taxes, as
opposed to having an abatement, Fruitport shall receive no monies for that property.
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For Tax Year 2025, Fruitport has levied its tax on the Transferred Area. Fruitport
shall collect and keep such amounts, regardless of when and how collected. Fruitport
shall timely provide assessment data for the Transferred Area to Muskegon.
For tax year 2026 and thereafter, Muskegon shall levy and collect ad valorem
taxes on the Transferred Area and shall issue tax bills for the Transferred Area to that
effect. Muskegon shall return to Fruitport an amount equal to 3.5 mills times the taxable
value of the Transferred Area. Payments shall be made on or about March 31, 2026 and
March 31 in all subsequent Tax Years.
If after the March 31 payment from Muskegon to Fruitport is made and
Muskegon is for any reason required to refund all or a portion of those taxes to the
property owner, the County of Muskegon, or others, Fruitport shall promptly repay to
Muskegon Fruitport’s pro rata share of any such tax refund and interest due on the tax
refund or Muskegon may deduct the amount from future payments by Muskegon to
Fruitport, in Muskegon’s sole discretion.
Muskegon shall be entitled to retain any other ad valorem real or personal
property, any industrial facilities taxes, payment in lieu of taxes, and any other taxes or
fees from and against the Transferred Area, above the 3.5 mills to be paid by Muskegon
to Fruitport.
6.2 Tax Abatements. Muskegon may, in its sole discretion, grant tax
abatements to any development in the Transferred Area. To the extent that Muskegon
grants one or more tax abatements, the tax abatement shall be shared by Muskegon and
Fruitport equally (i.e. the percentage reduction granted by Muskegon shall apply equally
to the tax receipts of both Muskegon and Fruitport and from the transferred area).
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6.3 Local Income Tax. Muskegon shall impose and collect a local income
tax on businesses located in the Transferred Area, natural persons working in the
Transferred Area, and residents of the Transferred Area. Muskegon shall retain all
revenue generated by the Muskegon income tax.
6.4 Revenue. All other revenues of whatever nature, State shared revenues
from taxation of any kind, special assessments, fees, charges, or other monies attributable
to the Transferred Area shall inure to the benefit of Muskegon.
7. Muskegon Commitments. Muskegon shall cooperate with Fruitport to seek and
secure available funding, from whatever source, to defray the cost associated with the
improvement in the Transferred Area.
8. Commitments and Representations by Fruitport.
8.1 Representations Concerning Transferred Property. Fruitport covenants
and represents that it has not pledged any revenue from or anticipates any revenue from the
Transferred Area to meet any Fruitport obligations or any obligations of any entity that it created
or controls, other than as provided in this Contract. Fruitport represents and covenants that there
are no special assessments that have been levied against the Transferred Area. Fruitport
represents that no entity is collecting any tax increment revenues from the Transferred Area.
8.2 Fruitport agrees to provide to Muskegon copies of all its records as to
property taxation, planning and zoning, and all other municipal matters which pertain to the
Transferred Area.
8.3 Fruitport certifies to Muskegon that there are no Fruitport employees
whose employment terms are or will be affected by this Contract, and no provision need be made
for such employees.
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9. Termination for Cause; Annexation; Detachment.
9.1 Prior to the conclusion of the term of this Contract, termination may
occur for failure of either party to perform as required by this Contract. In the event either party
determines to invoke its right to terminate the Contract, it shall serve, by first class mail, a notice
of intent to terminate, setting forth the reasons therefor. Upon receipt of the said notice, the other
party shall have a period of one hundred eighty (180) days to cure any claimed violation of the
Contract and thereby avoid termination. In the event of termination before the conclusion of the
term of this Contract, the Transferred Area shall be returned to Fruitport and its jurisdiction.
9.2 Prior to the conclusion of the term of this Contract, including any
extension, Muskegon and its employees acting in their official capacities shall not, without prior
written consent of Fruitport following action by its Township Board, initiate, maintain,
encourage, sponsor or otherwise participate in any efforts to annex property from Fruitport’s
jurisdiction. If a property owner initiates any such action, Muskegon and its employees acting in
their official capacities shall maintain a neutral stance with regard to any such actions.
9.3 Prior to the conclusion of the term of this Contract, including any
extension, neither Fruitport, nor any employees acting in their official capacities shall, without
Muskegon’s prior written consent following action by its City Commission, initiate, maintain,
encourage, sponsor or otherwise participate in any efforts to detach property from Muskegon’s
jurisdiction. If a property owner initiates any such action, Fruitport and its officers and
employees acting in their official capacities shall maintain a neutral stance with regard to any
such actions.
10. Liability. Fruitport shall be responsible for any claims relating to municipal
jurisdiction and operations in the Transferred Area occurring prior to the Effective Date of this
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Contract, regardless of when the claim is made. Muskegon shall assume all liabilities for
municipal jurisdiction and operations in the Transferred Area occurring on or after the Effective
Date of this Contract.
12. Governing Law. This Contract shall be construed and enforced in accordance
with the laws of the State of Michigan applicable to contracts made and to be performed within
the State of Michigan.
13. No Third Party Beneficiary. This Contract shall benefit only the parties to this
Contract, and not any third party.
14. Counterparts. This Contract may be executed in one or more counterparts.
Notwithstanding such execution all such counterparts shall constitute one and the same Contract.
(remainder of this page is intentionally left blank)
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IN WITNESS WHEREOF, the parties have executed this Contract.
Signed in the presence of:
CITY OF MUSKEGON
____________________________ By_________________________________
Ken Johnson, Its Mayor
____________________________ and________________________________
Ann Marie Meisch, Its Clerk
Dated: _____________________________
TOWNSHIP OF FRUITPORT
____________________________ By_________________________________
Todd Dunham, Its Supervisor
____________________________ and________________________________
Andrea Anderson, Its Clerk
Dated: _____________________________
4892-6466-0687 v4 [60864-232]
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EXHIBIT A
TRANSFERRED AREA
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 11, 2025 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
Approve minutes of the February 25, 2025, City Commission Meeting.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Approval of the minutes.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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CITY OF MUSKEGON
CITY COMMISSION MEETING
February 25, 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, February 25,
2025. Pastor Duane Bennett from the Mount Zion Church of God in Christ,
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, and Jay Kilgo, City Manager Jonathan
Seyferth, City Attorney John Schrier, and Deputy City Clerk Linda Potter
Absent: Commissioners Katrina Kochin and Destinee Keener
2025-15 PUBLIC HEARINGS
A. Public Hearing-Brownfield Plan Amendment, Muskegon-Central Park,
LLC (Krimson Exploratory Fund, LLC) 1700 Oak Ave. Economic
Development
Muskegon-Central Park, LLC (Krimson Exploratory Fund, LLC) is requesting the
approval of their brownfield plan amendment for the site located at 1700 Oak
Ave. The Brownfield Plan Amendment will help facilitate the redevelopment of
the former Muskegon General Hospital site, located at 1700 Oak Avenue. This
amendment will enable the use of Tax Increment Financing (TIF) to reimburse
Muskegon-Central Park, LLC (Krimson Exploratory Fund, LLC) for eligible
environmental and site redevelopment activities, supporting the creation of
new affordable housing units.
The former Muskegon General Hospital has remained vacant and blighted,
posing environmental and safety concerns for the surrounding neighborhood.
The proposed redevelopment project by Muskegon-Central Park, LLC (Krimson
Exploratory Fund, LLC) aims to demolish the obsolete hospital structure and
construct six new, three-story multifamily residential buildings. These buildings
will provide 144 new rental housing units, designed as affordable workforce
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housing for individuals and families earning between 69-77% of Muskegon
County’s Area Median Income (AMI). The total project investment is estimated
at $21,532,385.
Eligible Activities: The plan covers a wide range of eligible activities necessary
for site redevelopment, including:
• Demolition of the former hospital building- $1,417,375
• Asbestos abatement and removal of other hazardous materials- $621,000
• Site preparation activities, such as grading, clearing, and utility work-
$934,835
• Public infrastructure improvements, including road, sidewalk, and utility
upgrades to support the new development- $2,273,090
• Gap financing assistance to close the housing affordability gap, ensuring
the project’s financial viability- $3,500,000
• Brownfield Plan/Work Preparation- $25,000
• Brownfield Plan/Work Plan Implementation- $30,000
Tax Increment Financing (TIF): The plan allows for the capture of new local and
state tax increment revenues generated by the redevelopment to reimburse
the developer for eligible costs. The total cost of eligible activities is estimated
at $8,801,300. Authority administrative costs are anticipated to be $674,440. The
capture of TIR for the Local Brownfield Revolving Fund (LBRF) is estimated to be
$1,924,857.
• Local Tax Capture: $4,373,700
• State Tax Capture: $4,427,600
The reimbursement period is anticipated to last until 2048, with collection of TIF
revenues beginning in 2026.
Project Timeline:
• Demolition and Site Preparation: Early 2025
• Construction Start: Mid-2025
• Completion of Construction: Late 2026
• TIF Revenue Collection: Beginning in 2026
• Developer Reimbursement Period: 2026-2048
Affordable Housing Impact: The project will provide 144 rental units, addressing
approximately 25% of the city’s projected rental housing needs for individuals
and families earning 51%-80% AMI by 2027.
Community and Economic Benefits:
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• Elimination of a longstanding blighted and hazardous structure,
improving neighborhood safety.
• Creation of new jobs during both the construction and operational
phases.
• Increase in property tax revenues to support public services.
• Revitalization of the Oak Avenue corridor, encouraging further private
investment in the area.
The developer intends to apply for a PA 210 (Commercial Rehabilitation
Exemption Certificate. If the developer is approved, the taxable value of the
property will be frozen during the duration of the certificate (1-10 years).
The Brownfield Redevelopment Authority approved this Brownfield Plan
Amendment on February 10th during their scheduled monthly meeting and
recommended moving it forward for final approval by the City Commission.
STAFF RECOMMENDATION: I move to close the Public Hearing and approve the
Brownfield Plan Amendment for the redevelopment project located at 1700
Oak Ave. and authorize the Mayor and City Clerk to sign the resolution.
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 German, to close the
Public Hearing and approve the Brownfield Plan Amendment for the
redevelopment project located at 1700 Oak Ave. and authorize the Mayor and
City Clerk to sign the resolution.
ROLL VOTE: Ayes: German, Gorman, St.Clair, Johnson, and Kilgo
Nays: None
MOTION PASSES
PUBLIC COMMENT ON AGENDA ITEMS
Public comments received.
2025-16 CONSENT AGENDA
A. Approval of Minutes City Clerk
Approve minutes of the February 10, 2025, Commission Worksession Meeting
and the February 11, 2025, City Commission Meeting.
STAFF RECOMMENDATION: Approval of the minutes.
B. City of Muskegon 4th of July Fireworks Agreement DPW- Parks
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City of Muskegon 4th of July Fireworks Agreement with Pyrotecnico for a
$40,000 fireworks show at Heritage Landing.
Staff is requesting authorization to enter into an agreement with Pyrotecnico
Fireworks for $40,000 for the annual fireworks show in Muskegon, and approval
of the fireworks display permit for Pyrotecnico contingent upon inspection of
the fireworks and approval of the insurance. The annual Fireworks contract of
$40,000 will be scheduled for July 4, 2025. The agreement is of the standard
form with Pyrotecnico that the City has entered into for the past several years.
The show this year is being planned at Heritage Landing out of concern for
public safety. We plan to have a DJ start at 8:30 p.m. and the fireworks to set
off at 10:30 p.m.
STAFF RECOMMENDATION: I move to authorize staff to enter into an agreement
with Pyrotecnico Fireworks for $40,000 for the annual fireworks show in
Muskegon, and approval of the fireworks display permit for Pyrotecnico.
D. Use Agreement - Muskegon YMCA DPW- Parks
Staff is requesting approval of an agreement with the Muskegon YMCA for use
of city facilities.
The Muskegon YMCA has requested to run various community programs at
Smith-Ryerson and McGraft Parks. This agreement will cover all programs
through August 2025.
Specific summer 2025 programs have yet to be finalized, but will be similar to
programs run in 2024. For context, last year, the YMCA hosted a full-day
summer camp at McGraft Park, with a weekly average of 50 kids. The goal for
summer 2025 would be to replicate that success in other parts of the city, Smith-
Ryerson, for example, and to bring new types of programs.
Costs are primarily covered by the YMCA, with any City contributions being a
part of the approved Recreation Department budget and following the
purchasing policy.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with
Muskegon YMCA for use of City facilities.
E. Sale of 1325 Terrace Planning
Staff is requesting approval of a Purchase Agreement for 1325 Terrace. 1325
Terrace was constructed through an agreement with Dave Dusendang to
construct infill housing with ARPA funding. The offer is for $155,200, which is
above the listing price of $149,900; with no seller concessions. The offer
includes a $5,000 appliance package and a $300 commission, totaling
$155,200.
STAFF RECOMMENDATION: To approve the Purchase Agreement for 1325
Terrace.
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H. Muskegon Police Department Renovations Public Safety-Police
Staff is seeking to authorize the award of a construction contract for the
renovation of the first floor of the police department.
The police department is seeking to remodel the entire department as a multi-
year capital improvement project. FY 24-25 has a budgeted cost of
$286,653.74 to renovate the first floor of the police department. The police
department is in need of a remodel due to outdated infrastructure, separated
work areas, lack of storage and inadequate work space.
This project received 5 bids for the construction of the renovations with
Muskegon Quality Builders coming in at the lowest bid and the only bid within
budget. The police department recommends awarding the contract to
Muskegon Quality Builders due to their cost and history of professionalism and
quality projects.
STAFF RECOMMENDATION: I move to award the Police Department - First Floor
Renovations construction contract to Muskegon Quality Builders at the cost of
$284,500.
I. 880 First St. Demolition- Asbestos Abatement Proposal Economic
Development
City staff requests approval of Asbestos Abatement Inc.'s proposal for
additional abatement work that is required for the demolition of the 880 First St.
structure. The City of Muskegon solicited bids from qualified contractors for the
demolition of the building located at 880 First St., Muskegon, MI 49440 in July
2024. The scope of work includes complete demolition and removal of the
structure, including all foundations and footings, backfilling the site,
hydroseeding, and asbestos abatement. The primary objective is to eliminate
blight, improve the area's aesthetic appeal, and encourage economic
development by preparing the site for future opportunities.
Asbestos Abatement Inc. was awarded the bid by the City Commission on
October 8, 2024. They completed the majority of the asbestos abatement but
found additional unknown materials located on the roof. Due to the new
finding, additional abatement is required before the company can proceed
with demolition. Asbestos Abatement Inc. has submitted their abatement
proposal for the new materials, which are also attached for your review.
Scope of Work
• Removal and disposal of asbestos-containing materials in Supplemental
Material Testing Report dated 2/19/25
• Required personal air monitoring and clearances included. Continuous
third-party air monitoring is not included.
• State notifications and permits included.
Price: $27,400
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Page 25 of 119
STAFF RECOMMENDATION: I move to approve the proposal from Asbestos
Abatement Incorporated for the additional asbestos abatement work required
at 880 First St. in the amount of $27,400 and authorize the City Manager to sign
the proposal.
Motion by Commissioner Kilgo, second by Commissioner Gorman, to approve
the Consent Agenda as presented minus items C, F, and G.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, German, and Gorman
Nays: None
MOTION PASSES
2025-17 ITEMS REMOVED FROM THE CONSENT AGENDA
C. City of Muskegon Park Rules DPW- Parks
Staff seeks approval of the 2025 City of Muskegon Park Rules.
The Parks & Recreation Advisory workshopped rules and are recommending
the document to be adopted as City of Muskegon Park rules. The rules listed
here were unanimously agreed upon via vote. While certain parks may have
special rules for their unique park usage (such as Pere Marquette & Hackley
Park), these rules will be across the board for all parks both community and
neighborhood. Seasonal park rangers will assist enforcement of rules alongside
Muskegon Public Safety.
STAFF RECOMMENDATION: To adopt the 2025 City of Muskegon Park Rules as
presented.
Motion by Commissioner German, second by Commissioner Kilgo, to adopt the
2025 City of Muskegon Park Rules as presented.
Motion by Commissioner German to amend the motion to adopt the 2025 City
of Muskegon Park Rules as presented with the removal of item 4 which shall be
referred back to the Parks and Recreation Advisory Committee for
consideration of designated areas.
MOTION FAILS – NO SECOND
Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to amend the
City of Muskegon Park Rules number 4 to keep no smoking but remove or
vaping from the wordage.
(Vote on amendment)
ROLL VOTE: Ayes: St.Clair, Johnson, and Kilgo
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Nays: German and Gorman
MOTION DID NOT PASS
(Vote on original motion)
ROLL VOTE: Ayes: St.Clair, Johnson, and Gorman
Nays: Kilgo, and German
MOTION DID NOT PASS
F. Amendment to the zoning ordinance - Cottage Court
Developments 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.
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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.
Motion by Commissioner German, second by Commissioner Kilgo, 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.
ROLL VOTE: Ayes: Johnson, Kilgo, German, Gorman, and St.Clair
Nays: None
MOTION PASSES (REQUIRES SECOND READING)
G. Amendment to the zoning ordinance - Accessory Commercial
Units 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
Page 8 of 10
Page 28 of 119
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.
Motion by Commissioner German, second by Vice Mayor St.Clair, 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.
ROLL VOTE: Ayes: Kilgo, German, Gorman, St.Clair, and Johnson
Nays: None
MOTION PASSES (REQUIRES SECOND READING)
ANY OTHER BUSINESS
Commissioner German, in honor of Black History Month, paid tribute to Fredrick
Douglas, Dr. Martin Luther King Jr., and Thurgood Marshall, three pioneers who
led the way for equality and justice.
Commissioner Kilgo asked that it be explained better to our residents how even
and odd parking works.
Vice Mayor St.Clair asked why we don’t have signage explaining what our
parking rules are.
City Manager Jonathan Seyferth stated we will be putting signage up at the
entrances to the City stating our winter parking rules. This is also in the citizen
newsletter each fall.
Mayor Johnson asked about giving warnings, regardless of the time, for the first
parking offense. He also mentioned that winter parking will be ending in a few
days, it ends March 1st.
Commissioner Kilgo asked if staff could share the QR Code with the public so
comments, which will be accepted until March 10th for the M-46 (Apple
Avenue) MDOT Project, could still be made.
Mayor Johnson asked that the design that was presented this week by MDOT
be added to our Connect Muskegon page.
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Commissioner German asked where the City stands reference the DEI initiative
and if we received any letters requesting us to pull back.
City Manager Jonathan Seyferth answered we have not.
Mayor Johnson mentioned that in the February Deputy City Managers update,
LeighAnn Mikesell shared the Human Resources Progress and that two of the
policies were highlighted as models for future development.
GENERAL PUBLIC COMMENT
No public comments were made.
2025-18 CLOSED SESSION
A. Discuss two different attorney client confidential
communications Manager's Office
Motion by Vice Mayor St.Clair, second by Commissioner Kilgo, to go into
Closed Session to consider material exempt from discussion and disclosure by
State or Federal Statute, being an attorney client communication.
ROLL VOTE: Ayes: Gorman, St.Clair, Johnson, Kilgo, and German
Nays: None
MOTION PASSES
Motion by Vice Mayor St.Clair, second by Commissioner Kilgo, to come out of
Closed Session.
ROLL VOTE: Ayes: Johnson, Kilgo, German, Gorman, and St.Clair
Nays: None
MOTION PASSES
ADJOURNMENT
The City Commission meeting adjourned at 9:04 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 11, 2025 Title: CivicPlus 311 SeeClickFix Contract
Submitted by: Deborah Sweet, Community Department: Public Works
Engagement Manager
Brief Summary:
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.
Detailed Summary & Background:
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
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Enhanced internal and community communication, Increased range of options for communications
Goal/Action Item:
2027 Goal 3: Community Connection
Amount Requested: Budgeted Item:
$39,119.04 Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
642-441-801 Yes No x N/A
Recommended Motion:
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
Page 31 of 119
terms.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads x
Communication x
Legal Review
Page 32 of 119
Page 33 of 119
Page 34 of 119
Amy Vikander
Senior VP of Customer Success
6/28/2024
Page 35 of 119
SeeClickFix Basic Summary | March 4, 2025
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: April 26, 2025
• Commission Worksession Presentation: March 10, 2025
• Requested Approval of Contract at City Commission Meeting: March 11, 2025
List of Requests in the System:
*Indicates a block for 911
Parks & Public Spaces
1. Marina/Launch Ramp Maintenance
2. Park Maintenance
3. Police Report of Graffiti or Vandalism* (internal use of PD)
4. Report Damaged Public Amenities (benches, trash cans, fountain, etc.)
5. Report Graffiti or Vandalism*
6. Tree Trimming or Removal Request*
Garbage, Trash, and Recycling
7. Missed Garbage, Yard Waste, or Recycling Pick Up
8. Request Recycle Bin
9. Report Junk Vehicle
Animals
10. Animal Control Issues (stray or lost pets)*
11. Dead Animal Removal
Parking
12. Parking Meter Repair
13. Parking Concerns
Permits, Zoning & Property
14. Report Building and Code Violations
15. Report Weeds / Trees Overgrown on Private Property
16. Report Private Property Maintenance Issues
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Page 36 of 119
Streets, Alleys, and Sidewalks
17. Alley or Gravel Road (Grading or Dust Control)
18. Pothole or Manhole
19. Broken Sidewalk
20. Sidewalk Snow Removal
21. Street Snow Removal
22. Street Sweeping
23. Streetlight
24. Street Signage
25. Traffic Signal
26. Alley Snow Removal
Support Services
27. Homeless Support
28. Carbon Monoxide or Smoke Alarm
29. Homeowner Help with Repairs
30. Compliment City Services
Water, Sewer, Drainage
31. Blocked Storm Drains
32. Flooding*
33. Sewer Issue (Emergency)
34. Sewer Concern (Non-Emergency)
35. Storm Water Pollution
36. Leaking Water Main or Hydrant
37. Sewer Call*
Onboarding Process So Far:
Senior Staff Review and Selection of Division Liaison/Administrator:
To ensure proper onboarding, senior staff members were selected as liaisons from each division to manage
the system's implementation and backend training:
• Public Works: Jacqui Erny
• Public Safety: Emily Morgenstern, Jeremy Velik, Hilarey Travieso, Stephen Hammond
• Development Services: Wendy Webster & Sam Pulos
• Finance & Administrative Services: Sara Hugall
• Manager's Office: Deborah Sweet
2 31 .72 4 .6 70 5 | 933 Terrace St, Muskegon, MI 49440-1397 | www.shorelinecity.com
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Onboarding Process Recap:
1. Initial Meetings & Email Communication: This group was invited to several meetings and email
communications to review and narrow down over 100 potential requests to about 40 for inclusion
in SeeClickFix.
2. System Setup (July - October 2024): During this period, the selected requests were created in
SeeClickFix, necessary questions and blocks were added, workflows were designed, and tasks
assigned to staff members. This phase was labor-intensive but essential to the system's
functionality.
3. Manager Training (January 2025): A comprehensive training session was conducted for all staff
managing requests, facilitated by SeeClickFix. This training ensured all staff understood how to
use the system.
4. Sandbox Testing (February 2025): After manager training, staff tested the system in a sandbox
environment through the end of February 2025. This provided the team a chance to familiarize
themselves with the platform.
5. Workgroup Testing (March 3, 2025): The system went live for workgroup testing, allowing the
selected group to continue testing the tool's features and functionality.
6. Frontline Staff Launch (March 2025): The week of March 10, 2025, we held two Call Taker trainings
for staff which were saved and recorded.
7. Marketing and Launch Plan: We used the workgroup testing period to refine the marketing plan,
preparing for the transition to a live environment in March 2024, with the goal of a public launch in
Summer 2025.
2 31 .72 4 .6 70 5 | 933 Terrace St, Muskegon, MI 49440-1397 | www.shorelinecity.com
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 11, 2025 Title: Fireworks Display Permit for Boys & Girls Club
of the Muskegon Lakeshore
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
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.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Approve the fireworks display permit for Pyrotecnico Fireworks, Inc., contingent upon inspection of
the fireworks.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 39 of 119
Boys & Girls Club of the Muskegon Lakeshore Pyrotecnico Fireworks Inc.
Heritage Landing, 1050 7th St, Muskegon MI 49441 4/5/2024 Michael Falk
No spectators inside
the RED Safety Circle
during the display.
210’
Launch Location Setup area: 50’ X 50’ Radius from setup area: 210’
Page 40 of 119
The LEGISLATIVE BODY OF CITY, VILLAGE OR TOWNSHIP BOARD will not discriminate against any individual
or group because of race, sex, religion, age, national origin, color, marital status, disability, or political beliefs. If you
Authority: 2011 PA 256 need assistance with reading, writing, hearing, etc., under the Americans with Disabilities Act, you may make your
needs known to this Legislative Body of City, Village or Township Board.
TYPE OF PERMIT(S) (Select all applicable boxes)
Agricultural or Wildlife Fireworks Articles Pyrotechnic Display Fireworks
Public Display Private Display
Special Effects Manufactured for Outdoor Pest Control or Agricultural Purposes
NAME OF APPLICANT ADDRESS OF APPLICANT AGE OF APPLICANT 18 YEARS OR OLDER
Pyrotecnico Fireworks, Inc. 299 Wilson Rd, New Castle, PA 16101 X YES NO
NAME OF PERSON OR RESIDENT AGENT REPRESENTING ADDRESS PERSON OR RESIDENT AGENT REPRESENTING CORPORATION, LLC, DBA OR OTHER
CORPORATION, LLC, DBA OR OTHER
Stephen Vitale 299 Wilson Rd, New Castle, PA 16101
IF A NON-RESIDENT APPLICANT (LIST NAME OF MICHIGAN ATTORNEY ADDRESS (MICHIGAN ATTORNEY OR MICHIGAN RESIDENT TELEPHONE NUMBER
OR MICHIGAN RESIDENT AGENT) AGENT)
Michael Falk 4369 E Summit Woods Dr NE, Rockford, MI 49341 616.427.0377
NAME OF PYROTECHNIC OPERATOR ADDRESS OF PYROTECHNIC OPERATOR AGE OF PYROTECHNIC OPERATOR 18 YEARS OR
OLDER
Michael Falk 4369 E Summit Woods Dr NE, Rockford, MI 49341 X YES NO
NO. YEARS EXPERIENCE NO. DISPLAYS WHERE
35 years 450+ displays Michigan, Indiana, Illinois, Missouri, Texas, Florida, California, Nevada
NAME OF ASSISTANT ADDRESS OF ASSISTANT AGE OF ASSISTANT 18 YEARS OR OLDER
Matthew Falk 4369 E Summit Woods Dr NE, Rockford, MI 49341 X YES NO
NAME OF OTHER ASSISTANT ADDRESS OF OTHER ASSISTANT AGE OF OTHER ASSISTANT 18 YEARS OR OLDER
Matthew DeJong 4369 E Summit Woods Dr NE, Rockford, MI 49341 X YES NO
EXACT LOCATION OF PROPOSED DISPLAY
Heritage Landing, 1050 – 7th Street, Muskegon MI 49441
DATE OF PROPOSED DISPLAY TIME OF PROPOSED DISPLAY
May 17, 2025 Approx. 10:00 pm
MANNER AND PLACE OF STORAGE, SUBJECT TO APPROVAL OF LOCAL FIRE AUTHORITIES, IN ACCORDANCE WITH NFPA 1123, 1124 & 1126 AND OTHER STATE OR FEDERAL REGULATIONS.
PROVIDE PROOF OF PROPER LICENSING OR PERMITTING BY STATE OR FEDERAL GOVERNMENT
No storage necessary, delivered on date of display
AMOUNT OF BOND OR INSURANCE (TO BE SET BY LOCAL GOVERNMENT) NAME OF BONDING CORPORATION OR INSURANCE COMPANY
$10,000,000.00 Britton-Gallagher & Associates
ADDRESS OF BONDING CORPORATION OR INSURANCE COMPANY
One Cleveland Center, Floor 30; 1375 East 9th Street, Cleveland, OH 44114
NUMBER OF FIREWORKS KIND OF FIREWORKS TO BE DISPLAYED (Please provide additional pages as needed)
Approximately 2000 Aerial display shells ranging in size from 1 ¼ inches to 3 inches in diameter
SIGNATURE OF APPLICANT DATE
February 11, 2025
BFS-417 (Rev 01/24)
Page 41 of 119
Bureau of Fire Services
P.O. Box 30700
Lansing, MI 48909
(517) 241-8847
Authority: 1988 PA 358 The Department of Energy, Labor & Economic Growth will not discriminate against any individual or group because or
Compliance: Voluntary race, sex, religion, age, national origin, color, material status, disability, or political beliefs. If you need assistance with
Penalty: Permit will not be issued reading, writing, hearing, etc., under the American with Disabilities Ace, you may make your needs known to this agency.
This permit is not transferable. It authorizes the resident wholesale dealer or jobber named below to have
in his or her possession fireworks of any type, for sale only to holders of permits for public display or
agriculture control.
Issued To Age (18 or over)
Pyrotecnico Fireworks, Inc. Yes
Address
4369 E Summit Woods Dr NE, Rockford, MI 49341
Name of Organization, Group, Firm, or Corporation
Boys & Girls Club of the Muskegon Lakeshore
Address
PO Box 1018, Muskegon MI 49443
Number and Types of Fireworks
Approximately 2000 aerial display shells ranging in size from 1 ¼ inches to 3 inches in diameter.
Exact Location of Display
Heritage Landing, 1050 – 7th Street, Muskegon MI 49441
City, Village, Township Date Time
City of Muskegon, MI May 17, 2025 Approx. 10:00 pm
Bond or Insurance Filed? Amount
Yes No $10,000,000.00
Issued by action of the Legislative Body of the
City Village Township of _________________________ on the _____ day of ___________, 2025
(Name of City, Village, Township)
____________________________________________________________________________
(Signature and Title of Legislative Body Representative)
Page 2 of 4
BFS-417 (Rev 01/24)
Page 42 of 119
Instructions for Application for Fireworks Other Than Consumer or Low Impact
Applications shall be submitted to the legislative body of a city, village or township board. A permit may be issued as a result of
official action by the legislative body. A permit shall be valid only for use within the limits of the jurisdiction of the legislative body of a
city, village or township board.
1. Type of Permit – check all boxes that may apply to the type of permit needed. You may select several permit types
depending on your fireworks display. You may check with your legislative body of a city, village or township board for
assistance when making your selection. Please review the following definitions to determine which type of permit to select:
Agricultural or Wildlife Fireworks – devices distributed to farmers, ranchers, and growers through a
wildlife management program administered by the US Department of Interior or Michigan DNR.
Articles Pyrotechnic – 1.4G fireworks for professional use only that is classified as UN0431 or UN0432.
Display Fireworks – 1.3G fireworks for professional use only
Special Effects Manufactured for Outdoor Pest Control or Agricultural Purposes – devices with a
combination of chemical elements or compounds capable of burning independently of the oxygen of
the atmosphere and designed and intended to produce an audible, visual, mechanical or thermal effect
for pest or animal control.
Public Display – a fireworks display that is open to all persons for viewing.
Private Display – a fireworks display that is not open to the general public for viewing.
2. Name of applicant – list the name of the applicant. The applicant may be a person representing an organization, group, firm
or corporation, or self. If the applicant is also the operator, enter the same name in the operator’s section.
3. Address of applicant – complete the address of the applicant; include the street address, city, state and zip code.
4. Name of person or resident agent representing corporation, LLC, DBA or other – list the name of the person or resident
agent that represents the corporation, LLC, DBA or other.
5. Address of person or resident agent that represents the corporation, LLC, DBA or other – list the address of the person or
resident agent representing the corporation, LLC, DBA or other.
6. Non-resident applicant – list the name of the non-resident applicant. A non-resident applicant shall appoint a Michigan
attorney or Michigan resident agent in writing to be the applicant’s legal representative upon whom all service of process in
any action or proceeding may be served.
7. Name of pyrotechnic operator – list the name of the pyrotechnic operator. The pyrotechnic operator is the person in charge
of the display. The legislative body of a city, village or township board shall rule on the competency and qualifications of the
operator before granting a permit and may require an affidavit from the applicant as to the operator’s experience, former
pyrotechnic accidents, criminal record, sobriety, etc.
8. Address of pyrotechnic operator – list the address of the pyrotechnic operator; include the street address, city, state and zip
code.
9. Age of the pyrotechnic operator – list the age of the pyrotechnic operator; the operator must be 18 years of age or older.
10. Name of assistant – list the name of the assistant to the pyrotechnic operator;
11. Address of assistant – list the address of the assistant; include the street address, city, state and zip code. If there is more
than one assistant, please list additional assistants on a separate sheet and include the address and age of those additional
assistants.
12. Age of assistant – list the age of the assistant to the pyrotechnic operator; the assistant must be 18 years or older.
13. Name of other assistant – list the name of other assistant to the pyrotechnic operator.
14. Age of other assistant – list the age of the assistant to the pyrotechnic operator; the assistant must be 18 years or older.
15. Exact location of proposed display – list the address of the exact location of the proposed fireworks display.
16. Date of proposed display – indicate the date of the proposed fireworks display; only one display date can be used per
application.
17. Time of proposed display – indicate the time of the proposed fireworks display.
18. Manner and place of storage - indicate the manner and place of storage within the legislative body of a city, village or
township board of fireworks that are ready for display, just prior to the display in the area of exhibition. The legislative body
of a city, village or township board shall obtain approval from the local fire authorities of the manner and place of storage
before any permit is issued.
Page 3 of 4
BFS-417 (Rev 01/24)
Page 43 of 119
19. Amount of bond or insurance - the issuing legislative body of a city, village or township board shall set the amount of and
proof of bond or insurance for the protection of the public to satisfy claims for damages to property or personal injuries
arising out of any act or omission on the part of the person, firm or corporation, or any agent or employee of the applicant.
The applicant shall assure the bond or insurance required is provided.
20. Name of bonding corporation or insurance company – provide the name of the bonding corporation or insurance company
for which the bond was issued through.
21. Address of bonding corporation or insurance company – list the address of the bonding corporation or insurance company;
include the street address, city, state and zip code.
22. Number of fireworks and kind of fireworks to be displayed– indicate the total amount of fireworks proposed for the display or
use and a description of the type of fireworks for display; such as 10 aerial bombs, 30 aerial rocket bursts, etc.
23. The application is valid for the calendar year in which the application was received and permit was issued.
24. Permit fees shall be established by the legislative body of a city, village or township board and shall be submitted to and
retained by legislative body of a city, village or township board.
25. Permitting will be in compliance with the Michigan Fireworks Safety Act, PA 256 of 2011, MCL 28.466, Section 16.
26. Mail the application to the legislative body of a city, village or township board within the location jurisdiction of the
display. DO NOT mail the application to the Bureau of Fire Services (BFS). If mailed to the BFS, it will be returned to the
sender.
Page 4 of 4
BFS-417 (Rev 01/24)
Page 44 of 119
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 2/11/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Acrisure Great Lakes Partners Insurance Services PHONE FAX
223 West Grand River Ave #1 (A/C, No, Ext): 216-658-7100 (A/C, No): 216-658-7101
E-MAIL
Howell MI 48843 ADDRESS: info@brittongallagher.com
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Everest Denali Insurance Company 16044
2299
INSURED INSURER B : Arch Specialty Insurance Company 21199
Pyrotecnico Fireworks Inc.
P.O. Box 149 INSURER C : Constitution Insurance Company 32190
299 Wilson Road INSURER D : James River Insurance Company 12203
New Castle PA 16103 INSURER E : AXIS Surplus Insurance Company 26620
INSURER F :
COVERAGES CERTIFICATE NUMBER: 1724045816 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
D GENERAL LIABILITY Y Y P0000003353 11/14/2024 10/14/2025 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 50,000
CLAIMS-MADE X OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 3,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000
POLICY X JECT
PRO- $
LOC
A AUTOMOBILE LIABILITY Y Y GCD0010016-241 11/14/2024 10/14/2025 COMBINED SINGLE LIMIT
(Ea accident) $ 1,000,000
X ANY AUTO BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS AUTOS
X X NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AUTOS (Per accident)
$
B UMBRELLA LIAB X OCCUR Y Y UXP1035252-05 11/14/2024 10/14/2025 EACH OCCURRENCE $ 4,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000
DED RETENTION $ $
C WORKERS COMPENSATION 82-872096-04-37 (MI) 10/14/2024 10/14/2025 X WC STATU-
TORY LIMITS
OTH-
ER
AND EMPLOYERS' LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
E Excess Liability #2 P-001-001451057-01 11/14/2024 10/14/2025 Each Occ/ Aggregate $5,000,000
Total Limits $10,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Additional Insured extension of coverage is provided by above referenced General Liability policy where required by written agreement.
Fireworks Display Date: May 17, 2025
Location: Parking lot @ 896 4th Street- Muskegon, MI 49441
Additional Insured: City of Muskegon, MI, Muskegon Country Club; all elected & appointed officials, all employees & volunteers, all boards, commissions,
and/or authorities & board members, including employees and volunteers thereof, Boys & Girls Club of the Muskegon Lakeshore, Neal Fitness Center, i'move
Physical Therapy, and the County of Muskegon
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Muskegon, MI
Muskegon City Hall
933 Terrace Street AUTHORIZED REPRESENTATIVE
Muskegon MI 49440
© 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
Page 45 of 119
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 11, 2025 Title: Metro Act permit extension, KEPS
Technologies
Submitted by: Joel Brookens, Engineer, Dan Department: DPW- Engineering
VanderHeide, Public Works Director, Ann Meisch,
City Clerk
Brief Summary:
Staff requests approval of the included five-year Metro Act permit extension requested by KEPS
Technologies Inc, dba ACD.net.
Detailed Summary & Background:
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.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 GOAL 3: COMMUNITY CONNECTION - Strong ties among government and community agencies
Amount Requested: Budgeted Item:
na Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
na Yes No N/A x
Recommended Motion:
I move to approve the included five-year Metro Act permit extension requested by KEPS
Technologies Inc, dba ACD.net and authorize the DPW Director to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
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Other Division Heads
Communication
Legal Review x
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 11, 2025 Title: Amendment to the zoning ordinance -
Cottage Court Developments - Second Read
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
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.
Detailed Summary & Background:
• 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.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Page 68 of 119
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
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.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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ALLEY OR REAR ACCESS
11
8
BUILDING
FOOTPRINT
BUILDING
10 BUILDING
5 FOOTPRINT
10 FOOTPRINT
5
PROPERTY LINE
3
6 6
7
SIDE STREET
BUILDING BUILDING
5 FOOTPRINT 10 FOOTPRINT
5
6 6
FOOTPRINT
BUILDING BUILDING
5 FOOTPRINT FOOTPRINT 5 4
5 5
FRONT STREET
9
2
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PLANNING COMMISSION EXCERPTS
Examples of Cottage Court Developments
Proposed definition in Article II (definitions):
Cottage Court Development: A group (3-10 units) of small, detached housing units arranged around and
accessed from entrances facing a shared open space visible from the street.
Proposed amendment to Section 2318: Cottage Court Developments (Currently a blank section in General
Provisions):
Cottage court developments are permitted in the R zoning district and the Form Based Code zoning district’s
FBC-NE, FBC-UR, LFBC-LMR, and LFBC-LR context areas with the following conditions:
1. The lot shall not contain fewer than three (3) nor more than ten (10) detached housing units.
2. Lot width:
Minimum lot width: 110 feet
Maximum lot width: 150 feet
3. Lot depth:
Minimum lot depth: 100 feet
Maximum lot depth: 220 feet
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4. Height limit: 1.5 stories or 24 feet
5. Setbacks: front, side, and rear setbacks shall meet those of the underlying zoning district.
6. Setbacks between units: 10 feet
7. Parking Setback: 40 feet from the front property line.
8. The provided off-street parking cannot be directly adjacent to the required shared open space.
9. The cottage court development must contain a common, shared open space that is at least
twenty (20) feet but no more than sixty (60) feet in width and landscaped in grass, ground
cover, perennials, and/or other natural, living, landscape material.
10. All housing units that do not front on a street must front and have their main entrance face the
shared open space.
11. The lot must be serviced by an alley at the side or rear of the lot or, if an alley is not available,
from a single drive approach on a side street. If both an alley and side street is not available,
parking may be accessed from a single drive approach on a front street.
12. All units must meet the living area standards listed in Section 2319, and each unit shall not
exceed a maximum building footprint of 30’x30’.
13. Building facades facing streets or the shared open space shall have 10% to 50% of the facade
be windows between the adjacent grade and the cornice expression line or eave.
14. Accessory dwelling units are not permitted in cottage court developments.
Proposed amendments to R, FBC-NE, FBC-UR, LFBC-LMR, and LFBC-LR zoning districts:
Cottage court developments would be listed as a principal use permitted, as allowed in Section 2318 (Cottage
Court Developments), in these zoning districts.
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CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 400 and Articles II and XX of the zoning ordinance to create regulations that
allow for cottage court developments.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Amendment to Section 2318: Cottage Court Developments (Currently a blank section in General Provisions):
Cottage court developments are permitted in the R zoning district and the Form Based Code zoning district’s
FBC-NE, FBC-UR, LFBC-LMR, and LFBC-LR context areas with the following conditions:
1. The lot shall not contain fewer than three (3) nor more than ten (10) detached housing units.
2. Lot width:
Minimum lot width: 110 feet
Maximum lot width: 150 feet
3. Lot depth:
Minimum lot depth: 100 feet
Maximum lot depth: 220 feet
4. Height limit: 1.5 stories or 24 feet
5. Setbacks: front, side, and rear setbacks shall meet those of the underlying zoning district.
6. Setbacks between units: 10 feet
7. Parking Setback: 40 feet from the front property line.
8. The provided off-street parking cannot be directly adjacent to the required shared open space.
9. The cottage court development must contain a common, shared open space that is at least
twenty (20) feet but no more than sixty (60) feet in width and landscaped in grass, ground
cover, perennials, and/or other natural, living, landscape material.
10. All housing units that do not front on a street must front and have their main entrance face the
shared open space.
11. The lot must be serviced by an alley at the side or rear of the lot or, if an alley is not available,
from a single drive approach on a side street. If both an alley and side street is not available,
parking may be accessed from a single drive approach on a front street.
12. All units must meet the living area standards listed in Section 2319, and each unit shall not
exceed a maximum building footprint of 30’x30’.
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13. Building facades facing streets or the shared open space shall have 10% to 50% of the facade
be windows between the adjacent grade and the cornice expression line or eave.
14. Accessory dwelling units are not permitted in cottage court developments.
Amendments to R, FBC-NE, FBC-UR, LFBC-LMR, and LFBC-LR zoning districts:
Cottage court developments would be listed as a principal use permitted, as allowed in Section 2318 (Cottage
Court Developments), in these zoning districts.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
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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 25th day of February 2025, 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: ___________________, 2025. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
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CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on February 25, 2025, the City Commission of the City of Muskegon
adopted an ordinance to amend Section 400 and Articles II and XX of the zoning ordinance to
create regulations that allow for cottage court developments.
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 ____________________, 2025. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 11, 2025 Title: Amendment to the zoning ordinance -
Accessory Commercial Units - Second Read
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
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.
Detailed Summary & Background:
• 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 typesThe 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.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Micro-commercial areas in neighborhoods
Neighborhood commercial center development
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Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
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.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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City of Muskegon
Accessory Commercial
Unit Overlay District Map
Qualifying Property
Community Node Overlay
Neighborhood Node Walk Radius
Regional Node Walk Radius
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PLANNING COMMISSION EXCERPT
Examples of Accessory Commercial Units
Amendments to Article II (Definitions):
Accessory Commercial Unit (ACU): A smaller, secondary attached building intended for commercial use on
a property that, but is accessory to the primary residential use of the property.
Proposed amendment to Section 2328: Accessory Commercial Unit Overlay District (Currently a blank section
in General Provisions):
Accessory Commercial Units are allowed as a special land use permitted within the Accessory Commercial
Unit Overlay District with the following conditions:
1. The property is located within the boundaries identified in Figure 23-4.
2. The underlying zoning of the property is R, Neighborhood Residential.
3. The principal use of the property is residential.
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4. A special land use permit is issued, following the guidelines of Section 2332.
5. Permitted Uses:
a. Retail (excluding alcohol sales)
b. Office
c. Personal service
d. Gallery/museum
6. Building Requirements:
a. Minimum building size of 200 square feet and receive a certificate of occupancy from the
Building Inspections Department.
b. The footprint of the ACU must be smaller than the footprint of the principal structure on the
property.
c. The ACU must meet the required front build-to-zone of 5 to 30 feet.
d. The ACU must be attached to the principal structure on the property.
e. Design requirements for the ACU must meet the Storefront Building Type Frontage Option of
the Retail Building Type Facade Composition Requirements in 2006.09 of the Form Based
Code.
Figure 23-4: Accessory Commercial Unit Overlay District Map (based on the Community Node Overlay in
the Master Plan’s Future Land Use Map).
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CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 400 and Articles II and XX of the zoning ordinance to create regulations that
allow for accessory commercial units.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Amendments to Article II (Definitions):
Accessory Commercial Unit (ACU): A smaller, secondary attached building intended for commercial use on
a property that, but is accessory to the primary residential use of the property.
Proposed amendment to Section 2328: Accessory Commercial Unit Overlay District (Currently a blank section
in General Provisions):
Accessory Commercial Units are allowed as a special land use permitted within the Accessory Commercial
Unit Overlay District with the following conditions:
1. The property is located within the boundaries identified in Figure 23-4.
2. The underlying zoning of the property is R, Neighborhood Residential.
3. The principal use of the property is residential.
4. A special land use permit is issued, following the guidelines of Section 2332.
5. Permitted Uses:
a. Retail (excluding alcohol sales)
b. Office
c. Personal service
d. Gallery/museum
6. Building Requirements:
a. Minimum building size of 200 square feet and receive a certificate of occupancy from the
Building Inspections Department.
b. The footprint of the ACU must be smaller than the footprint of the principal structure on the
property.
c. The ACU must meet the required front build-to-zone of 5 to 30 feet.
d. The ACU must be attached to the principal structure on the property.
e. Design requirements for the ACU must meet the Storefront Building Type Frontage Option of
the Retail Building Type Facade Composition Requirements in 2006.09 of the Form Based
Code.
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Figure 23-4: Accessory Commercial Unit Overlay District Map.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
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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 25th day of February 2025, 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: ___________________, 2025. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 84 of 119
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on February 25, 2025, the City Commission of the City of Muskegon
adopted an ordinance to amend Section 400 and Articles II and XX of the zoning ordinance to
create regulations that allow for accessory commercial units.
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 ____________________, 2025. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 11, 2025 Title: Western Market User Fees Updates
Submitted by: Contessa Alexander, Development Department: Economic Development
Analyst, Jocelyn Hines, Development Analyst
Brief Summary:
The Economic Development Department is requesting an update to the Western Market User Fees.
Detailed Summary & Background:
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, work session.
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.
Goal/Focus Area/Action Item Addressed:
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Key Focus Areas:
Micro-commercial areas in neighborhoods
Neighborhood commercial center development
Progress toward completion of ongoing economic development projects
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Improved customer service and
streamlined business development processes
Amount Requested: Budgeted Item:
N/A Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
252-807-801 Budgeted Contractual Yes No N/A X
252-807-920 Electricity
Recommended Motion:
I move to approve the changes in Western Market User Fees by eliminating the air conditioning and
extra electricity fees and adding the CAM fees.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 11, 2025 Title: 2025 Pavement Marking Program
Submitted by: Todd Myers, Deputy Director of Department: Public Works
Public Works
Brief Summary:
Staff is requesting approval of a contract with Michigan Pavement Markings, LLC in the amount of
$33,300.
Detailed Summary & Background:
Muskegon County typically receives bids annually for pavement marking work 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.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Maximized efficient use of existing infrastructure
Amount Requested: Budgeted Item:
$33,300 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
202 (Major Streets) Yes No X N/A
Recommended Motion:
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.
Approvals: Guest(s) Invited / Presenting:
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Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 11, 2025 Title: Road Maintenance Materials, Aggregates,
and Concrete
Submitted by: Joe Buthker, DPW Superintendent Department: Public Works
Brief Summary:
Staff requests authorization to purchase road maintenance materials, aggregates, and ready-mixed
concrete from selected bidders.
Detailed Summary & Background:
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.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Decrease infrastructure burden on residents, Sustainability in financial practices and infrastructure
Goal/Action Item:
2027 Goal 4: Financial Infrastructure
Amount Requested: Budgeted Item:
Variable Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
101, 202, 203, 590, 591 Yes No X N/A
Recommended Motion:
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.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Page 95 of 119
Other Division Heads
Communication
Legal Review
Page 96 of 119
Highway Maintenance Materials
BID TABULATION
February 27, 2025
Contractor MICHIGAN PAVING MATERIALS BIT-MAT PRODUCTS SHERWIN INDUSTRIES INC ASPHALT PAVING INC GREAT LAKES CHLORIDE
Address 1950 WILLIAMS ST 401 TIERNAN RD 2129 W MORGAN AVE 45 S GETTY PO BOX 634
City/St ALMA MI 48801 BAY CITY MI 48706 MILWAUKEE WI 53221 MUSKEGON MI GRAND HAVEN MI 49417
Phone 989-600-4253 989-684-0341 414-281-6400 231-531-8054 574-527-0287
Deliver TOTAL TOTAL TOTAL TOTAL TOTAL
DESCRIPTION QTY UNIT or Pickup UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE
38% Liquid Calcium Chloride
1 40,000 GAL DEL $0.00 $0.00 $0.00 $0.00 $0.79 $31,400.00
32% Liquid Calcium Chloride
2 15,000 GAL DEL $0.00 $0.00 $0.00 $0.00 $0.67 $10,080.00
Hot Mix Asphalt, 3C Base
3 200 TON PU $0.00 $0.00 $0.00 $80.00 $16,000.00 $0.00
Hot Mix Asphalt, 4C Top
4 2000 TON PU $85.00 $170,000.00 $0.00 $0.00 $80.00 $160,000.00 $0.00
5 Sylvax Patching Materials 200 TON DEL $0.00 $0.00 $0.00 $0.00 $0.00
PU $0.00 $0.00 $0.00 $160.00 $32,000.00 $0.00
AE90 Asphalt Emulsion
6 20,000 GAL DEL $2.79 $55,800.00 $3.65 $73,000.00 $0.00 $0.00 $0.00
7 Crack Sealant 50,000 LBS DEL $0.00 $0.00 $0.588 $29,400.00 $0.00 $0.00
PU $0.00 $0.00 $0.588 $29,400.00 $0.00 $0.00
80,000 LBS DEL $0.00 $0.00 $0.850 $68,000.00 $0.00 $0.00
8 Mastic
DEL $0.00 $0.00 $0.790 $63,200.00 $0.00 $0.00
60 DAYS
DEL $0.00 $0.00 $7,400.000 $444,000.00 $0.00 $0.00
Contractor UNIQUE PAVING
Address 3993 E 93RD ST
City/St CLEVELAND OH 44105
Phone 216-441-4880
Deliver TOTAL TOTAL TOTAL TOTAL TOTAL
DESCRIPTION QTY UNIT or Pickup UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE
38% Liquid Calcium Chloride
1 40,000 GAL DEL $0.00 $0.00 $0.00 $0.00 $0.00
32% Liquid Calcium Chloride
2 15,000 GAL DEL $0.00 $0.00 $0.00 $0.00 $0.00
Hot Mix Asphalt, 3C Base
3 200 TON PU $0.00 $0.00 $0.00 $0.00 $0.00
Hot Mix Asphalt, 4C Top
4 2000 TON PU $0.00 $0.00 $0.00 $0.00 $0.00
5 Sylvax Patching Materials 200 TON DEL $150.00 $30,000.00 $0.00 $0.00 $0.00 $0.00
PU $124.00 $24,800.00 $0.00 $0.00 $0.00 $0.00
AE90 Asphalt Emulsion
6 20,000 GAL DEL $0.00 $0.00 $0.00 $0.00 $0.00
7 Crack Sealant 50,000 LBS DEL $0.00 $0.00 $0.00 $0.00 $0.00
PU $0.00 $0.00 $0.00 $0.00 $0.00
80,000 LBS DEL $0.00 $0.00 $0.00 $0.00 $0.00
8 Mastic
DEL $0.00 $0.00 $0.00 $0.00 $0.00
60 DAYS
DEL $0.00 $0.00 $0.00 $0.00 $0.00
Page 97 of 119
Aggregates
BID TABULATION
February 27, 2025
Contractor ACCURATE EXCAVATORS, LLC STONECO YELLOW ROSE TRANSPORT
Address 2821 CENTRAL AVE 4880 36TH ST STE 200 16861 120TH AVE
City/St MUSKEGON MI 49445 GRAND RAPIDS MI NUNICA MI
Phone 231-766-0557 517-243-3537 616-534-0077
Deliver UNIT UNIT UNIT
DESCRIPTION QUANTITY UNIT or Pickup PRICE TOTAL PRICE PRICE TOTAL PRICE PRICE TOTAL PRICE
1 32FA/H1 (Coarse stone-sand) 250 TON DEL $0.00 $0.00 $29.40 $7,350.00
PU $0.00 $0.00 $0.00
2 Road Slag, 22A 5,000 TON
DEL $0.00 $0.00 $20.45 $102,250.00
3 Natural Road Gravel, 22A, 23A 250 TON DEL $0.00 $0.00 $16.00 $4,000.00
PU $0.00 $10.30 $2,575.00 $0.00
4 2NS Sand/Torpedo Sand 250 TON DEL $0.00 $0.00 $13.50 $3,375.00
PU $0.00 $9.25 $2,312.50 $0.00
5 Screened Top Soil 500 CYD DEL $11.95 $5,975.00 $0.00 $12.00 $6,000.00
PU $10.00 $5,000.00 $0.00 $0.00
6 Fill Sand (Class II or IIIA, Not Beach Sand) 2,000 CYD DEL $8.00 $16,000.00 $0.00 $12.00 $24,000.00
PU $3.25 $6,500.00 $4.35 $8,700.00 $0.00
Contractor MCCORMICK SAND INC VERPLANK TRUCKING MARJO CONTRUCTION
Address 5430 RUSSELL RD PO BOX 8 705 W 2ND ST 2635 WILSON AVE SW
City/St TWIN LAKE MI FERRYSBURG MI GRAND RAPIDS MI
Phone 231-766-0466 231-206-5404 616-791-9451
Deliver UNIT UNIT UNIT
DESCRIPTION QUANTITY UNIT or Pickup PRICE TOTAL PRICE PRICE TOTAL PRICE PRICE TOTAL PRICE
1 32FA/H1 (Coarse stone-sand) 250 TON
DEL $0.00 $31.50 $7,875.00 $0.00
PU $0.00 $0.00 $0.00
2 Road Slag, 22A 5,000 TON
DEL $0.00 $21.00 $105,000.00 $27.59 $137,950.00
3 Natural Road Gravel, 22A, 23A 250 TON
DEL $0.00 $17.00 $4,250.00 $16.52 $4,130.00
PU $0.00 $0.00 $0.00
4 2NS Sand/Torpedo Sand 250 TON
DEL $0.00 $14.25 $3,562.50 $14.64 $3,660.00
PU $0.00 $0.00 $0.00
5 Screened Top Soil 500 CYD
DEL $18.15 $9,075.00 $12.00 $6,000.00 $17.66 $8,830.00
CU.YD.
PU $14.00 $7,000.00 $0.00 $0.00
6 Fill Sand (Class II or IIIA, Not Beach Sand) 2,000 CYD
DEL $8.80 $17,600.00 $10.50 $21,000.00 $9.71 $19,420.00
CU.YD.
PU $4.75 $9,500.00 $0.00 $0.00
Page 98 of 119
Concrete
BID TABULATION
February 27, 2025
*Bid selection based on 7-sack mix which is the most commonly used product, inclusion of other charges for “multiple drop locations” and “small load charges”.
It should also be noted that concrete purchases may include several miscellaneous charges, including, but not limited to, hot water, chloride, winter price, and extra unload time.
Contractor HIGH GRADE CONCRETE CONSUMERS CONCRETE PORT CITY REDI MIX
Address 767 E SHERMAN 1780 S SHERIDAN
City/St MUSKEGON MI MUSKEGON MI
Phone 231-206-4646 269-760-3805 231-777-2777
DESCRIPTION UNIT UNIT PRICE UNIT PRICE UNIT PRICE
1 5 Sack Mix CU.YD. $136.00 $148.00 $142.00
2 6 Sack Mix CU.YD. $145.00 $148.00 $150.00
3 7 Sack Mix* CU.YD. $154.00 $162.00 $158.00
4 9 Sack Mix CU.YD. $163.00 $176.00 $174.00
5 Minimum Load # CU YD
2 2
CU.YD. 4-5 $75.00 $100.00 $110.00
CU.YD. 3-4 $90.00 $150.00 $160.00
6 Small Load charge, add
CU.YD. 2-3 $110.00 $150.00 $160.00
CU.YD. 1-2 $130.00 $200.00
7 Separate location drop charge per drop $100.00 $60.00
8 Extra Unloading Time $ per min $150.00 $1.67
Winter Price from ___Dec______ to ____March___ CY $12.00 $13.00 $12.00
Winter Price from ____Nov______ and____April______ CY $6.00 $6.50 $7.00
Chloride - 1% CU.YD. $2.75 $3.00 $3.25
Chloride - 2% CU.YD. $5.50 $6.00 $6.50
Other charges FUEL SURCHARGE: 12.50
Page 99 of 119
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 11, 2025 Title: Campbell Field Park Playground Addition
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
Staff requests approval of the Sinclair Recreation proposal for a GameTime playground installation at
Campbell Field Park for $110,000.
Detailed Summary & Background:
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
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Enhanced Parks and Recreation Department and Services
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Amount Requested: Budgeted Item:
$110,000 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Page 100 of 119
445-901-735-092338 Yes No x N/A
Recommended Motion:
To authorize staff to contract with Sinclair Recreation in the amount of $110,000 for a new playground
and installation at Campbell Field Park.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 101 of 119
Page 102 of 119
YOUNG AVE.
EXISTING STORAGE
EXISTING PARKING LOT BUILDING
-With 85 total parking spaces
EXISTING
PLAYGROUND
EXISTING PARKING LOT
-Paving is in poor condition. EXISTING PICNIC
SHELTER
EXISTING
PARK SIGN
EXISTING RESTROOM
AND CONCESSIONS EXISTING
BUILDING DRINKING
FOUNTAIN
EXISTING PLAYGROUND
-Newly replaced playground, lacks diversity of
play opportunities.
DOWD ST.
BARCLAY ST.
EXISTING
BASEBALL FIELD
-With backstop, fencing,
dugouts, retaining wall,
and lighting
EXISTING
SCORE
EXISTING FIELDS
-Due to soil type, this is not a preferred area for BOARD
sports fields, therefore other passive recreation
options were evaluated.
EXISTING
SCORE BOARD
EXISTING TREES
EXISTING SHELTER AND BUILDINGS
-Existing structures are in moderate condition
and can be reused with minimal updates.
CAMPBELL PARK EXISTING CONDITIONS PLAN
CONCEPTUAL PARK PLANNING
0’ 30’ 60’ 90’
DATE
11.05.2024
PROJECT NO.
2220
NORTH SCALE IN FEET: 1’ = 30’
CITY OF MUSKEGON, MICHIGAN
Page 103 of 119
PHASE 1: Located inside
the red dashed line.
PHASE 2: Surrounding
Young Ave.
the red dashed line
EXISTING STORAGE
EXISTING PARKING LOT BUILDING
-Renovate for parks and
recreation satellite office.
IMPROVED PARK SIGN
EXPANDED PLAYGROUND
BIKE RACK - Includes inclusive see saw, rope
spinner, slide, arch swing, and
benches.
GRILL
- Safety surface to be wood fiber.
SEAT WALL EXISTING PICNIC SHELTER
-Repair eves and paint.
BASKETBALL
-6’, 8’, 10’ hoops
EXISTING PLAYGROUND TO
REMAIN
PICNIC SHELTER - Improve with seating for
-30 X 30’ hipped roof structure parents.
EXISTING BITUMINOUS MUSICAL INSTRUMENTS
TRAIL TO REMAIN MULTI-PURPOSE FIELD
80 yds x 43 yds
EXISTING RESTROOM
AND CONCESSIONS
BUILDING TO REMAIN PERIMETER PLANTINGS
- Phase 2
STORY BOOK
STATIONS
-10 unique story book stations,
some including bench seating
CONCRETE PATIO
-With picnic tables and space
Barclay St.
to set up temporary movie
screen or other community
events
PATHWAYS
-Crushed stone 6’ wide.
NEIGHBORHOOD
CONNECTION
NEIGHBORHOOD EXISTING TREES TO
CONNECTION REMAIN
CAMPBELL PARK PLAN - UPDATED
CONCEPTUAL PARK PLANNING
0’ 30’ 60’ 90’
DATE
11.05.2024
PROJECT NO.
2220
NORTH SCALE IN FEET: 1’ = 30’
CITY OF MUSKEGON, MICHIGAN
Page 104 of 119
B. REPAVING
PARKING AREA
A. PLAYGROUND
IMPROVEMENTS AND
BASKETBALL
A.
B. PICNIC SHELTER, WALKING
PATHS, FITNESS STATIONS AND
PLANTINGS
CAMPBELL PARK COST ESTIMATE
CONCEPTUAL PARK PLANNING
0’ 30’ 60’ 90’
DATE
11.05.2024
PROJECT NO.
2220
CITY OF MUSKEGON, MICHIGAN
NORTH SCALE IN FEET: 1’ = 30’
Page 105 of 119
SHELTER EXAMPLE UNIQUE SEATING EXAMPLES NATIVE PLANTING EXAMPLES
FITNESS STATION EXAMPLES PLAY EQUIPMENT EXAMPLES
Model Number: 13590I
Combination Hub
The Combination Hub helps the user build endurance and strength. Users have the
ability to perform Push-Up, Chin-Up, Horizontal Row & Plyometric Jumps on a single
Model Number: 13561I
system to achieve a greater level of functional fitness. Also available in surface mount
version (#13590S).
Sit-Up/Back Extension
Users perform crunches and sit-ups on one side of the station by placing knees over the
cross-bar, feet under the foot stops, lying back on the body plate and raising themselves
up using their abdominal muscles. Back extensions are performed by placing thighs
CAMPBELL PARK DESIGN VOCABULARY
against the front cushions on the other side of the station and raising your body using the
lower back muscles. Also available in surface mount version (#13561S).
CONCEPTUAL PARK PLANNING
DATE
11.05.2024
PROJECT NO.
2220
CITY OF MUSKEGON, MICHIGAN
Page 106 of 119
Page 107 of 119
Page 108 of 119
Page 109 of 119
Page 110 of 119
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 11, 2025 Title: Consent for the transfer of deed restrictions
on 1275 Dudley
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
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.
Detailed Summary & Background:
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.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Progress toward completion of ongoing economic development projects
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
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
Page 111 of 119
language to ensure the property will revert to the City if the conditions in the reversionary language
are not satisfied.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head Yes
Information
Technology
Other Division Heads
Communication
Legal Review
Page 112 of 119
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 11, 2025 Title: Concur with CRC Recommendation to
make Appointments to the Local Development
Finance Authority
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
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.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
To appoint Matthew Cortez and Catherine Emery to the Local Development Finance Authority as the
Muskegon Public School District Representatives.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 113 of 119
Page 114 of 119
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 11, 2025 Title: Nelson House Purchase and
Redevelopment Agreement Conditions of Sale
Submitted by: Jamie Pesch, Planner Department: Planning
Brief Summary:
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.
Detailed Summary & Background:
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.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Page 115 of 119
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion:
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.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 116 of 119
CITY OF MUSKEGON
Nelson House Purchase and Redevelopment Conditions of Sale
Introduction:
The City of Muskegon is seeking a qualified buyer for the purchase and redevelopment of the
structure located at 382 West Muskegon Avenue, Muskegon, MI 49440, commonly known as
the Nelson House. This project involves acquisition and complete renovation of the structure
for the purpose of utilization as an owner-occupied home. The goal of this project is to preserve
the historically significant structure, enhance the area’s aesthetic appeal, and to increase
owner-occupied housing stock in the community.
Project Description:
The City of Muskegon Development Services Division is seeking a qualified buyer that can
demonstrate financial capability to complete the remodeling and occupancy of the Subject
Property. This Division is responsible for managing the city’s Community Neighborhood
Services, Planning Department, and Economic Development initiatives. These departments
oversee zoning, site plans, and business development services, ensuring compliance with city
regulations and fostering community growth.
Buyer Requirements:
1. Proof of Financing and Purchase Price Offer:
o Prospective Buyers shall include the price offered for the Subject Property,
method of payment (cash/loan) and proof of financing or capability to achieve
financing.
2. Exterior Renovation Plan:
o The City has not completed a formal inspection of the Subject Property’s
exterior. Stabilization of the exterior to prevent further deterioration should be a
priority.
o Buyer shall be responsible for any necessary removals (siding, etc.)
o Specific timeline for commencement for exterior renovations will be dictated in a
Purchase and Development agreement approved by the City Commission, but
shall commence no later than 120 days after closing.
3. Interior Renovation Plan:
o Prospective Buyers shall submit a proposed timeline and detailed scope of
renovation from a licensed contractor with their purchase offer.
o Specific timeline for commencement of interior renovations will be dictated in a
Purchase and Development agreement approved by the City Commission, but
shall commence no later than 180 days after closing.
o City of Muskegon water and sewer connection fees will be waived.
Page 117 of 119
Subject Property Information
382 W. Muskegon Avenue Muskegon, MI
General Information:
The Subject Property is a historic single family home that was relocated in July 2024 to the
parcel at 382 W. Muskegon Avenue in Downtown Muskegon, Michigan. The home sits in the
City of Muskegon’s Houston Historic District, and all exterior changes to the Subject Property
require the review and approval of the Historic District Commission. The Subject Property
features a new concrete block foundation and contains an unfinished, insulated basement with
an egress window. Asbestos abatement and removal has been completed within the structure,
a report of which is available to prospective Buyers or their representatives for review at City
Hall.
Owner City of Muskegon
Owner Address 933 Terrace Street, Muskegon, MI 49443
Property Address 382 W. Muskegon Avenue, Muskegon, MI 49440
Property Number 61-24-205-336-0008-00
Parcel Size ~81’ x ~133’ (10,700 square feet approx.)
House Size 7,000 gross square feet (approx.)
Year Built 1869 approx.
Occupancy Not occupied
Proposal Submission Requirements:
Purchase offers must clearly state the name, address, phone number, and email address of the
prospective Buyer. By submitting a purchase offer, prospective Buyers acknowledge that any
agreement for sale of the Subject Property shall require:
• Reserve Price: The City of Muskegon has set a reserve price of ______________ for the
Subject Property. This was determined through averaging a series of Comparative
Market Analysis for the Subject Property in its present condition. These analysis are
available to Prospective Buyers or their representatives for review at City Hall.
• Commitment to Owner-Occupy: The City Commission and the community at large have
prioritized increasing the number of owner-occupiers in the City of Muskegon. The
successful Buyer will commit in their purchase offer and in the Purchase and
Development Agreement to establish the Subject Property as their primary residence
upon project completion. The City intends to file a deed restriction requiring owner-
occupancy at the Subject Property in perpetuity to the extent permissible by law. This
requirement does not preclude the successful Buyer from establishing additional
housing units at the Subject Property provided any additional units meet all applicable
local zoning regulations including, but not limited, to maximum unit counts and
minimum unit sizes.
• Work Timeline: The successful Buyer will accept and comply with the development
milestone requirements as reflected in the Purchase and Development Agreement.
Page 118 of 119
Namely, exterior stabilization to be commenced within 120 days of closing and interior
renovations commenced within 180 days of closing. Project completion and occupancy
should not exceed a total project timeline of 24 months.
• Reverter Clause: The successful Buyer will accept and acknowledge that the City of
Muskegon will include a “reverter clause” in the Purchase and Development Agreement
which will allow for “claw back” of the Subject Property in the event the Buyer is not
making adequate progress or is otherwise in breach of the Agreement.
• Project Budget: Prospective Buyers will provide a total cost estimate for all anticipated
renovations along with evidence of financial capability to perform said improvements.
• Contractor Information: Prospective Buyers will provide license information, at least
one sample project, and references for the general contractor that will complete the
project on the Buyer’s behalf.
• Compliance with City Goals: Attention is called to the fact that the City requires that the
contractor employ local trades and laborers insofar as possible; the goals established
are 14% minority and 7% female participation in each trade. The contractor must ensure
employees and applicants for employment are not discriminated against based on race,
creed, color, religion, sex, national origin, handicapped condition, or veteran status, and
that all pertinent regulations are complied with. The City of Muskegon reserves the right
to reject any or all purchase offers or to waive any informalities or irregularities in the
offers.
Purchase Offer Deadline:
Purchase offers are due by 5:00 p.m. local time within 90 days following the Subject
Property’s official listing for sale by the City of Muskegon’s selected real estate agent. All
purchase offers and supporting documents must be submitted to the City of Muskegon’s
selected real estate agent.
Questions:
Please direct all questions to:
• The City of Muskegon’s selected real estate agent.
Important Considerations:
• Site Visits: Prospective Buyers and their contractor are REQUIRED to visit the Subject
Property before submitting their purchase offers to fully understand the scope of the
project. Prospective Buyers must contact the City of Muskegon’s selected real estate
agent to coordinate site access. There is no limit to the number of visits but there will be
no exploratory demolition permitted.
• Permits and Licenses: The successful Buyer will be responsible for obtaining all
necessary permits and licenses to complete the renovations.
• Safety and Environmental Compliance: Prospective Buyers must adhere to all safety
and environmental regulations throughout any site visits.
Page 119 of 119
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