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CITY OF MUSKEGON
CITY COMMISSION MEETING
March 25, 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. Neighborhood Enterprise Zone Certificates - 572 Agnes St., 561 Mary St.,
and 425 Octavius Ave. Economic Development
B. Neighborhood Enterprise Zone Certificate - 1221 Sanford St. Economic
Development
C. Neighborhood Enterprise Zone Certificate - 254 Meeking St. Economic
Development
☐ FEDERAL/STATE/COUNTY OFFICIALS UPDATE:
☐ PUBLIC COMMENT ON AGENDA ITEMS:
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Sale of 312 Jackson Planning
C. Sale of 441 E Isabella Planning
D. Harbour Towne Marina Reciprocal License Agreement Manager's Office
E. Pere Marquette Restroom Building - Consumers Energy Easement Public
Works
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F. Social Media Use Policy and Guidelines Community Engagement
G. Ordinance Amendment - International Property Maintenance Code
Public Safety
H. Agreement with Lakeshore Creative Services, LLC City Clerk
I. Rezoning of 1201 and 1147 3rd St and 236 Monroe Ave Planning
J. Approval of Community Foundation Fund Requests in Parks & Recreation
DPW- Parks
K. PILOT Agreement with Spire Development for Allen Crossing II Senior
LIHTC Housing Development Economic Development
L. Municipal Services Agreement with Spire Development for Allen Crossing
II Senior Living LIHTC Application Economic Development
M. PILOT Agreement with Spire Development for Allen Crossing III Senior
Housing LIHTC Application Economic Development
N. Municipal Services Agreement with Spire Development for Allen Crossing
III Senior Housing LIHTC Application Economic Development
O. Muskegon Farmers Market Fees for 2025 City Clerk
P. Rezoning of 1148 4th St and 318/350 Houston Ave Planning
Q. Rezoning of 429, 433, 451, 461, 477, 485, 491, 501, 507, 513, 521, 527 E
Apple Ave and 1022 Williams St. Planning
R. Rezoning of several properties from Two-Family Residential (RT) to
Neighborhood Residential (R). Planning
S. Rezoning of 1769, 1733, 1715, 1766, 1752, 1736, 1724, 1720, and 1714
Beidler St. Planning
☐ UNFINISHED BUSINESS:
☐ NEW BUSINESS:
☐ 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:
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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.
clerk@shorelinecity.com
Page 3 of 3
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: Neighborhood Enterprise Zone Certificates -
572 Agnes St., 561 Mary St., and 425 Octavius St.
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
Staff is requesting the approval of Neighborhood Enterprise Zone (NEZ) certificates for 15 years for
new construction homes at 572 Agnes St., 561 Mary St., and 425 Octavius St.
Detailed Summary & Background:
Applications for Neighborhood Enterprise Zone (NEZ) certificates have been submitted by Stephens
Homes and Investments for new construction homes at 572 Agnes St., 561 Mary St., and 425 Octavius
St. These properties were formerly City-owned lots that were sold to the developer. The estimated
construction cost for each home is between $160,000 and $175,000.
The applications meet all local and state requirements for NEZ certification. Included in your materials
are the new NEZ resolution and a map outlining the updated NEZ boundaries for your review.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Additional attainable housing units and
increased rates of home ownership
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:
I move to close the public hearing and approve the Neighborhood Enterprise Zone District
certificates at 425 Octavius St., 561 Mary St., and 572 Agnes St. and authorize the City Clerk and
Mayor to sign the certificate and resolution.
Approvals: Guest(s) Invited / Presenting:
Page 4 of 231
Immediate Division
Head Yes
Information
Technology
Other Division Heads
Communication
Legal Review
Page 5 of 231
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Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with the City
Clerk by Stephens Homes and Investments LLC to construct a new home at 561 Mary St. in the
Marquette neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a Neighborhood
Enterprise Zone Certificate;
WHEREAS, the local unit of government is allowing the six (6) month grace period after construction
commencement to apply, which is allowed under the law;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for fifteen (15) years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise Zone
Certificate for the new construction of a home by Stephens Homes and Investments LLC be approved.
Adopted this 25th day of March, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 8 of 231
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on
March 25, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 9 of 231
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: ThattheCITY OF MUSKEGON, a municipal of
corporation,
933 Terrace
Street,
Muskegon,Michigan49440,
QUIT CLAIMS toSTEPHENS HOMES AND INVESTMENTS LLC, a LimitedLiability
Company, of1042
TerraceSt,Muskegon,Michigan49442,thefollowing
described
premisessituated
intheCityofMuskegon,
CountyofMuskegon,StateofMichigan,
towit:
*SEE ATTACHED LEGAL DESCRIPTIONS
forthesum ofFifty-Six One HundredSeventy-Five,
Thousand, and0/100Dollars
($56,175.00)
PROVIDED, HOWEVER, Grantee, oritsassigns,
shall
complete construction
ofone (1)single
familyhome on
eachofthenineteen on thepremises
(19)parcels herein conveyedwithintwenty-four(24)monthsafter
thedate
hereof.Indefaultofsuchconstruction,
title
tothepremises revert
shall totheCityofMuskegon freeandclearof
any claimofGranteeoritsassigns.Inaddition,
theCityofMuskegonmay retain theconsideration
forthis
conveyance freeandclearofany claimofGranteeorits Buyershall
assigns. removeonlythosetrees necessaryfor
construction
ofthehomes and driveways."Completec onstruction"
means:(1)issuanceofa residential
building
permitsby theCityofMuskegon;and (2)inthesoleopinion oftheCityofMuskegon's DirectorofInspections,
substantial
completionofthedwellingsdescribed
inthesaidbuildingpermits.Intheeventofreversionoftitles
of
theabove-describedpremises,
improvementsmade thereonshallbecometheproperty ofGrantor.
Thisdeedisexemptfromreal
estate
transfer
taxpursuant
totheprovisions
ofMCLA 207.505(h)(i)
anr'
MCLA 207.526Sec.6(h)(i).
Datedthis dayof 2024.
Signedinthepresence
of: CITY OF MUSKEGON
acfr^ fo †f e en ohnson,
Its ayor
Ann MarieMeisch,MMC, ItsClerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Beforeme personally inMuskegonCounty,Michigan,
appeared on cefnÓer _1, 2024,by KEN
JOHNSON andANN MARIE MEISCH, MMC, theMayor and Clerk, oftheCITY OF MUSKEGON,
respectively,
a municipal on behalf
corporation, oftheCity.
PREPARED BY: SamanthaPulos nda ffe ,NotaryPublic
CityofMuskegonPlanningDept. ActingintheCountyof //744 /fego r)
933 Terrace
St.Room 202 #/ad /¾eg-o CouEty,Michigan
Muskegon,MI 49440 llyComm. fÏxpires:
Telephone:231/724-6702
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
Page 1 of 5
Page 10 of 231
Legal Descriptions
1. LegalDescription:
CITY OF MUSKEGON REVISED PLAT OF 1903EAST ½ LOT 13BLOCK 386
Address:209 MERRILL, MUSKEGON, MI 49441
Parcel
#:61-24-205-386-0013-10
Price:$2,437.50
2. LegalDescription:CITY OF MUSKEGON REVISED PLAT OF 1903WEST ½ LOT 13BLOCK 386
Address:213 MERRILL, MUSKEGON, MI 49441
Parcel
#:61-24-205-386-0013-01
Price:$2,437.50
3. Legal Description:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 631 ALSO
VACATED EAST 1/2OF ADJACENT ALLEY ((8/00 RESOLUTION # 2000-72(G))
LOT 632 SPLIT FROM PARCEL 9/14/00
FOR 2001ROLL
Address:845 DUCEY, MUSKEGON, MI 49442
Parcel#:61-24-612-000-0631-00
Price:$6,000.00
4. LegalDescription:
PART OF LOTS 576 ANO 577,CITY OF MUSKEGON URBAN RENEWAL PLAT
NO. 3,MUSKEGON COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 519 OF SAID CITY OF MUSKEGON
URBAN RENEWAL PLAT NO. 3;
THENCE SOUTH 02 DEGREES 14MINUTES 29 SECONDS WEST, A DISTANCE OF 133.12FEET;
THENCE NORTH 88 DEGREES 51 MINUTES 05 SECONDS WEST, A DISTANCE OF 83.41FEET;
THENCE SOUTH 69 DEGREES 13MINUTES 36 SECONDS WEST, A DISTANCE OF 60.86FEET;
THENCE SOUTH 68 DEGREES 41 MINUTES 05 SECONDS WEST, A DISTANCE OF 38.02FEET TO THE
POINT OF BEGINNING;
CONTINUING SOUTH 68 DEGREES 41 MINUTES 05 SECONDS WEST, A DISTANCE OF 83.87FEET TO
THE SOUTHWEST CORNER OF SAID LOT 577;
THENCE NORTH O 1 DEGREES 41 MINUTES 33 SECONDS EAST, ALONG THE WEST LINE OF SAID
LOT 577,A DISTANCE OF 102.85FEET TO THE NORTHWEST CORNER OF SAID LOT 577;
THENCE SOUTH 88 DEGREES 28 MINUTES 35 SECONDS EAST, A DISTANCE OF 16.30FEET TO THE
BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 13 DEGREES 49 MINUTES 35
SECONDS, A RADIUS OF 166.67FEET, A CHORD BEARING OF NORTH 84 DEGREES 18 MINUTES 34
SECONDS EAST, A CHORD DISTANCE OF 40.12 FEET AND AN ARC LENGTH OF 40.22FEET TO THE
ENO OF SAID CURVE;
THENCE SOUTH 13 DEGREES 58 MINUTES 14 SECONDS EAST, A DISTANCE OF 78.18 FEET TO THE
POINT OF BEGINNING.
PARCEL CONTAINS 6062 SQUARE FEET, MORE OR LESS.
Address:973 DUCEY, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0577-10
Price:$3,000.00
5. LegalDescription:
PART OF LOTS 575ANO 576,CITY OF MUSKEGON URBAN RENEWAL PLAT
NO. 3,MUSKEGON COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 519;
THENCE SOUTH 02 DEGREES 14MINUTES 29 SECONDS WEST, A DISTANCE OF 133.12 FEET;
THENCE NORTH 88 DEGREES 51 MINUTES 05 SECONDS WEST, A DISTANCE OF 83.41FEET;
THENCE SOUTH 69 DEGREES 13MINUTES 36 SECONDS WEST, A DISTANCE OF 13.62FEET TO THE
POINT OF BEGINNING;
THENCE CONTINUING SOUTH 69 DEGREES 13MINUTES 36 SECONDS WEST, A DISTANCE OF 47.31
FEET;
THENCE SOUTH 68 DEGREES 41 MINUTES 05 SECONDS WEST, A DISTANCE OF 38.02FEET;
THENCE NORTH 13DEGREES 58 MINUTES 14SECONDS WEST, A DISTANCE OF 78.18FEET TO THE
BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 26 DEGREES
Page 2 of 5
Page 11 of 231
28 MINUTES 15 SECONDS, A RADIUS OF 166.67FEET, A CHORD BEARING OF NORTH 64 DEGREES 11
MINUTES 17SECONDS EAST, A CHORD DISTANCE OF 76.30FEET ANO AN ARC LENGTH OF 76.98
FEET TO THE END OF SAID CURVE;
THENCE SOUTH 20 DEGREES 46 MINUTES 24 SECONDS EAST, A DISTANCE OF 83.97FEET TO THE
POINT OF BEGINNING.
PARCEL CONTAINS 6264 SQUARE FEET, MORE OR LESS.
Address:983 DUCEY, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0576-10
Price:$3,000.00
6. LegalDescription:
PART OF LOTS 519 AND 575,CITY OF MUSKEGON URBAN RENEWAL PLAT
NO. 3,MUSKEGON COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 519;
THENCE SOUTH 02 DEGREES 14 MINUTES 29 SECONDS WEST, A DISTANCE OF 133.12
FEET;
THENCE NORTH 88 DEGREES 51 M1NUTES 05 SECONDS WEST, A DISTANCE OF 54.00FEET TO THE
POINT OF BEGINNING;
THENCE CONTINUING NORTH 88 DEGREES 51 MINUTES 05 SECONDS WEST, A DISTANCE OF 29.38
FEET;
THENCE SOUTH 69 DEGREES 13MINUTES 36 SECONDS WEST, A DISTANCE OF 13.62
FEET;
THENCE NORTH 20 DEGREES 46 MINUTES 24 SECONDS WEST, A DISTANCE OF 83.97FEET TO THE
BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 05 DEGREES
12 MINUTES 24 SECONDS, A RADIUS OF 166.67FEET, A CHORD BEARING OF NORTH 48 DEGREES
21
MINUTES 06 SECONDS EAST, A CHORD DISTANCE OF 15.14FEET, AN ARC LENGTH OF 15.14FEET
TO THE END OF SAID CURVE;
AND THE BEGINNING OF A REVERSE CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 26
DEGREES 48 MINUTES 37 SECONDS, A RADIUS OF 166.67FEET, A CHORD BEARING OF NORTH 58
DEGREES 10MINUTES 20 SECONDS EAST, A CHORD DISTANCE OF 77.07FEET, AN ARC LENGTH OF
77.99FEET TO THE END OF SAID CURVE;
THENCE SOUTH O2 DEGREES 14MINUTES 29 SECONDS WEST, A DISTANCE OF 124.94FEET TO THE
POINT OF BEGINNING.
PARCEL CONTAINS 6626 SQUARE FEET, MORE OR LESS.
THE PARCEL ISSUBJECT TO A UTILITY EASEMENT AS IT APPARENT ALONG ITSEAST BOUNDARY
LINE.
Address:993 DUCEY, MUSKEGON, MI 49442
Parcel#:61-24-612-000-0575-01
Price:$3,000.00
7. LegalDescription:
PART OF LOT 519,CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 3,
MUSKEGON COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 519;
THENCE SOUTH 02 DEGREES 14 MINUTES 29 SECONDS WEST, A DISTANCE OF 133.12FEET TO THE
SOUTHEAST CORNER OF SAID LOT 519;
THENCE NORTH 88 DEGREES 51 MINUTES 05 SECONDS WEST, A DISTANCE OF 54.00
FEET;
THENCE NORTH 02 DEGREES 14 MINUTES 29 SECONDS EAST, A DISTANCE OF 124.94FEET TO THE
BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 18
DEGREES 54 MINUTES 35 SECONDS, A RADIUS OF I66.67FEET, A CHORD BEARING OF NORTH 82
DEGREES 41 MINUTES 48 SECONDS EAST, A CHORD DISTANCE OF 54.76FEET AND AN ARC LENGTH
OF 55.01FEET TO THE END OF SAID CURVE AND THE POINT OF BEGINNING.
PARCEL CONTAINS 7062 SQUARE FEET, MORE OR LESS.
THE PARCEL ISSUBJECT TO A UTILITY EASEMENT AS ITAPPARENT ALONG ITS WEST BOUNDARY
LINE.
Address:1003DUCEY, MUSKEGON, MI 49442
Parcel#:61-24-612-000-0519-01
Price:$3,000.00
Page 3 of 5
Page 12 of 231
8. LegalDescription:CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 NORTH 1/2LOT 553
Address:554 AGNES, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0553-01
Price:$3,000.00
9. LegalDescription:CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 SOUTH 1/2LOT 553
Address:572 AGNES, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0553-10
Price:$3,000.00
10. LegalDescription:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 620
Address:502 MARY, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0621-01
Price:$3,000.00
11. LegalDescription:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 621
Address:508 MARY, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0620-01
Price:
$3,000.00
12. LegalDescription:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 639 & EAST 1/2
VACATED N/S ALLEY ADJACENT
Address:561 MARY, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0639-00
Price:$4,650.00
13.LegalDescription:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4 LOT 893
Address:1542ADAMS, MUSKEGON, MI 49442
Parcel
#:61-24-613-000-0893-00
Price:$4,650.00
14. LegalDescription:
CITY OF MUSKEGON REVISED PLAT OF 1903SOUTH 1/2LOTS 8 & 9 BLOCK
8
Address:320 WOOD, MUSKEGON, MI 49442
Parcel
#:61-24-205-008-0008-10
Price:$3,000.00
15. LegalDescription:
CITY OF MUSKEGON REVISED PLAT OF 1903LOT 10BLOCK 8
Address:346 WOOD, MUSKEGON, MI 49442
Parcel
#:61-24-205-008-0010-00
Price:$3,000.00
16. LegalDescription:
CITY OF MUSKEGON REVISED PLAT OF 1903LOT 14BLOCK 140
Address:425 OCTAVIUS, MUSKEGON, MI 49442
Parcel
#:61-24-205-140-0014-00
Price:$3,000.00
17. LegalDescription:
CITY OF MUSKEGON REVISED PLAT OF 1903CITY OF MUSKEGON LOT 5
BLOCK 13 AND WEST 1/2OF VAC 16.5FEET ALLEY ADJACENT THERETO (VAC ALLEY CITY RES
#99-87)
Address:436 CHARLES, MUSKEGON, MI 49441
Parcel
#:61-24-205-013-0005-00
Price:
$3,000.00
Page 4 of 5
Page 13 of 231
18. LegalDescription:
CITY OF MUSKEGON SEC 21 TION R16W W 50 FT OF N 132FT OF S 297 FT NE
1/4SW 1/4SW 1/4
Address:907 ORCHARD, MUSKEGON, MI 49442
Parcel
#:61-24-121-300-0062-00
Price:$3,000.00
19. LegalDescription:
CITY OF MUSKEGON SEC 21 T10N R16W E 66 FT OF W 544 1/2FT OF N 165FT
OF SW 1/4OF SW 1/4OF SW 1/4EX N 33 FT FOR ST
Address:877 AMITY, MUSKEGON, MI 49442
Parcel
#:61-24-121-300-0116-00
Price:$3,000.00
Page 5 of 5
Page 14 of 231
2/19/25, 4:41 PM about:blank
561 Mary St Property Report
Area of Interest (AOI) Information
Area : 8,420.36 ft²
Feb 19 2025 16:37:50 Eastern Standard Time
about:blank 1/2
Page 15 of 231
2/19/25, 4:41 PM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 1 8,420.36 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
61-24-612- 561 MARY
1 24 0.19 0.20 561 No Data MUSKEGON
000-0639-00 ST
Property Property Owner Owner
Owner Owner Owner Care Owner
# Address Address Zip Address Address
Name 1 Name 2 Of Address
State Code City State
933
CITY OF
1 MI 49442 No Data PO BOX 536 TERRACE MUSKEGON MI
MUSKEGON
ST
Owner State PRE Property School
Assessed Taxable Property
# Address Zip Equalized Homestead Class District
Value Value Class Code
Code Value Pct Description Code
Commercial
1 49443 0.00 0.00 0.00 0 201 61010
- Improved
Zoning per Assessor
# School District Name Tax Description Area(ft²)
Primary
CITY OF MUSKEGON
MUSKEGON CITY URBAN RENEWAL PLAT
1 R-1 8,420.36
SCHOOL DIST NO 3 LOT 639 & E 1/2 VAC
N/S ALLEY ADJ
©2020 Muskegon County GIS Data reported herein is believed to be accurate and up to date, however Muskegon County and Muskegon County GIS make no warranty
to the accuracy of the data. It is advised that before any decisions are made from this data, that the local assessor or building officials are contacted.
about:blank 2/2
Page 16 of 231
Page 17 of 231
Page 18 of 231
Page 19 of 231
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with the City
Clerk by Stephens Homes and Investments LLC to construct a new home at 572 Agnes St. in the
Marquette neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a Neighborhood
Enterprise Zone Certificate;
WHEREAS, the local unit of government is allowing the six (6) month grace period after construction
commencement to apply, which is allowed under the law;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for fifteen (15) years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise Zone
Certificate for the new construction of a home by Stephens Homes and Investments LLC be approved.
Adopted this 25th day of March, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 20 of 231
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on
March 25, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 21 of 231
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: ThattheCITY OF MUSKEGON, a municipal of
corporation,
933 Terrace
Street,
Muskegon,Michigan49440,
QUIT CLAIMS toSTEPHENS HOMES AND INVESTMENTS LLC, a LimitedLiability
Company, of1042
TerraceSt,Muskegon,Michigan49442,thefollowing
described
premisessituated
intheCityofMuskegon,
CountyofMuskegon,StateofMichigan,
towit:
*SEE ATTACHED LEGAL DESCRIPTIONS
forthesum ofFifty-Six One HundredSeventy-Five,
Thousand, and0/100Dollars
($56,175.00)
PROVIDED, HOWEVER, Grantee, oritsassigns,
shall
complete construction
ofone (1)single
familyhome on
eachofthenineteen on thepremises
(19)parcels herein conveyedwithintwenty-four(24)monthsafter
thedate
hereof.Indefaultofsuchconstruction,
title
tothepremises revert
shall totheCityofMuskegon freeandclearof
any claimofGranteeoritsassigns.Inaddition,
theCityofMuskegonmay retain theconsideration
forthis
conveyance freeandclearofany claimofGranteeorits Buyershall
assigns. removeonlythosetrees necessaryfor
construction
ofthehomes and driveways."Completec onstruction"
means:(1)issuanceofa residential
building
permitsby theCityofMuskegon;and (2)inthesoleopinion oftheCityofMuskegon's DirectorofInspections,
substantial
completionofthedwellingsdescribed
inthesaidbuildingpermits.Intheeventofreversionoftitles
of
theabove-describedpremises,
improvementsmade thereonshallbecometheproperty ofGrantor.
Thisdeedisexemptfromreal
estate
transfer
taxpursuant
totheprovisions
ofMCLA 207.505(h)(i)
anr'
MCLA 207.526Sec.6(h)(i).
Datedthis dayof 2024.
Signedinthepresence
of: CITY OF MUSKEGON
acfr^ fo †f e en ohnson,
Its ayor
Ann MarieMeisch,MMC, ItsClerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Beforeme personally inMuskegonCounty,Michigan,
appeared on cefnÓer _1, 2024,by KEN
JOHNSON andANN MARIE MEISCH, MMC, theMayor and Clerk, oftheCITY OF MUSKEGON,
respectively,
a municipal on behalf
corporation, oftheCity.
PREPARED BY: SamanthaPulos nda ffe ,NotaryPublic
CityofMuskegonPlanningDept. ActingintheCountyof //744 /fego r)
933 Terrace
St.Room 202 #/ad /¾eg-o CouEty,Michigan
Muskegon,MI 49440 llyComm. fÏxpires:
Telephone:231/724-6702
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
Page 1 of 5
Page 22 of 231
Legal Descriptions
1. LegalDescription:
CITY OF MUSKEGON REVISED PLAT OF 1903EAST ½ LOT 13BLOCK 386
Address:209 MERRILL, MUSKEGON, MI 49441
Parcel
#:61-24-205-386-0013-10
Price:$2,437.50
2. LegalDescription:CITY OF MUSKEGON REVISED PLAT OF 1903WEST ½ LOT 13BLOCK 386
Address:213 MERRILL, MUSKEGON, MI 49441
Parcel
#:61-24-205-386-0013-01
Price:$2,437.50
3. Legal Description:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 631 ALSO
VACATED EAST 1/2OF ADJACENT ALLEY ((8/00 RESOLUTION # 2000-72(G))
LOT 632 SPLIT FROM PARCEL 9/14/00
FOR 2001ROLL
Address:845 DUCEY, MUSKEGON, MI 49442
Parcel#:61-24-612-000-0631-00
Price:$6,000.00
4. LegalDescription:
PART OF LOTS 576 ANO 577,CITY OF MUSKEGON URBAN RENEWAL PLAT
NO. 3,MUSKEGON COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 519 OF SAID CITY OF MUSKEGON
URBAN RENEWAL PLAT NO. 3;
THENCE SOUTH 02 DEGREES 14MINUTES 29 SECONDS WEST, A DISTANCE OF 133.12FEET;
THENCE NORTH 88 DEGREES 51 MINUTES 05 SECONDS WEST, A DISTANCE OF 83.41FEET;
THENCE SOUTH 69 DEGREES 13MINUTES 36 SECONDS WEST, A DISTANCE OF 60.86FEET;
THENCE SOUTH 68 DEGREES 41 MINUTES 05 SECONDS WEST, A DISTANCE OF 38.02FEET TO THE
POINT OF BEGINNING;
CONTINUING SOUTH 68 DEGREES 41 MINUTES 05 SECONDS WEST, A DISTANCE OF 83.87FEET TO
THE SOUTHWEST CORNER OF SAID LOT 577;
THENCE NORTH O 1 DEGREES 41 MINUTES 33 SECONDS EAST, ALONG THE WEST LINE OF SAID
LOT 577,A DISTANCE OF 102.85FEET TO THE NORTHWEST CORNER OF SAID LOT 577;
THENCE SOUTH 88 DEGREES 28 MINUTES 35 SECONDS EAST, A DISTANCE OF 16.30FEET TO THE
BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 13 DEGREES 49 MINUTES 35
SECONDS, A RADIUS OF 166.67FEET, A CHORD BEARING OF NORTH 84 DEGREES 18 MINUTES 34
SECONDS EAST, A CHORD DISTANCE OF 40.12 FEET AND AN ARC LENGTH OF 40.22FEET TO THE
ENO OF SAID CURVE;
THENCE SOUTH 13 DEGREES 58 MINUTES 14 SECONDS EAST, A DISTANCE OF 78.18 FEET TO THE
POINT OF BEGINNING.
PARCEL CONTAINS 6062 SQUARE FEET, MORE OR LESS.
Address:973 DUCEY, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0577-10
Price:$3,000.00
5. LegalDescription:
PART OF LOTS 575ANO 576,CITY OF MUSKEGON URBAN RENEWAL PLAT
NO. 3,MUSKEGON COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 519;
THENCE SOUTH 02 DEGREES 14MINUTES 29 SECONDS WEST, A DISTANCE OF 133.12 FEET;
THENCE NORTH 88 DEGREES 51 MINUTES 05 SECONDS WEST, A DISTANCE OF 83.41FEET;
THENCE SOUTH 69 DEGREES 13MINUTES 36 SECONDS WEST, A DISTANCE OF 13.62FEET TO THE
POINT OF BEGINNING;
THENCE CONTINUING SOUTH 69 DEGREES 13MINUTES 36 SECONDS WEST, A DISTANCE OF 47.31
FEET;
THENCE SOUTH 68 DEGREES 41 MINUTES 05 SECONDS WEST, A DISTANCE OF 38.02FEET;
THENCE NORTH 13DEGREES 58 MINUTES 14SECONDS WEST, A DISTANCE OF 78.18FEET TO THE
BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 26 DEGREES
Page 2 of 5
Page 23 of 231
28 MINUTES 15 SECONDS, A RADIUS OF 166.67FEET, A CHORD BEARING OF NORTH 64 DEGREES 11
MINUTES 17SECONDS EAST, A CHORD DISTANCE OF 76.30FEET ANO AN ARC LENGTH OF 76.98
FEET TO THE END OF SAID CURVE;
THENCE SOUTH 20 DEGREES 46 MINUTES 24 SECONDS EAST, A DISTANCE OF 83.97FEET TO THE
POINT OF BEGINNING.
PARCEL CONTAINS 6264 SQUARE FEET, MORE OR LESS.
Address:983 DUCEY, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0576-10
Price:$3,000.00
6. LegalDescription:
PART OF LOTS 519 AND 575,CITY OF MUSKEGON URBAN RENEWAL PLAT
NO. 3,MUSKEGON COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 519;
THENCE SOUTH 02 DEGREES 14 MINUTES 29 SECONDS WEST, A DISTANCE OF 133.12
FEET;
THENCE NORTH 88 DEGREES 51 M1NUTES 05 SECONDS WEST, A DISTANCE OF 54.00FEET TO THE
POINT OF BEGINNING;
THENCE CONTINUING NORTH 88 DEGREES 51 MINUTES 05 SECONDS WEST, A DISTANCE OF 29.38
FEET;
THENCE SOUTH 69 DEGREES 13MINUTES 36 SECONDS WEST, A DISTANCE OF 13.62
FEET;
THENCE NORTH 20 DEGREES 46 MINUTES 24 SECONDS WEST, A DISTANCE OF 83.97FEET TO THE
BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 05 DEGREES
12 MINUTES 24 SECONDS, A RADIUS OF 166.67FEET, A CHORD BEARING OF NORTH 48 DEGREES
21
MINUTES 06 SECONDS EAST, A CHORD DISTANCE OF 15.14FEET, AN ARC LENGTH OF 15.14FEET
TO THE END OF SAID CURVE;
AND THE BEGINNING OF A REVERSE CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 26
DEGREES 48 MINUTES 37 SECONDS, A RADIUS OF 166.67FEET, A CHORD BEARING OF NORTH 58
DEGREES 10MINUTES 20 SECONDS EAST, A CHORD DISTANCE OF 77.07FEET, AN ARC LENGTH OF
77.99FEET TO THE END OF SAID CURVE;
THENCE SOUTH O2 DEGREES 14MINUTES 29 SECONDS WEST, A DISTANCE OF 124.94FEET TO THE
POINT OF BEGINNING.
PARCEL CONTAINS 6626 SQUARE FEET, MORE OR LESS.
THE PARCEL ISSUBJECT TO A UTILITY EASEMENT AS IT APPARENT ALONG ITSEAST BOUNDARY
LINE.
Address:993 DUCEY, MUSKEGON, MI 49442
Parcel#:61-24-612-000-0575-01
Price:$3,000.00
7. LegalDescription:
PART OF LOT 519,CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 3,
MUSKEGON COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 519;
THENCE SOUTH 02 DEGREES 14 MINUTES 29 SECONDS WEST, A DISTANCE OF 133.12FEET TO THE
SOUTHEAST CORNER OF SAID LOT 519;
THENCE NORTH 88 DEGREES 51 MINUTES 05 SECONDS WEST, A DISTANCE OF 54.00
FEET;
THENCE NORTH 02 DEGREES 14 MINUTES 29 SECONDS EAST, A DISTANCE OF 124.94FEET TO THE
BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 18
DEGREES 54 MINUTES 35 SECONDS, A RADIUS OF I66.67FEET, A CHORD BEARING OF NORTH 82
DEGREES 41 MINUTES 48 SECONDS EAST, A CHORD DISTANCE OF 54.76FEET AND AN ARC LENGTH
OF 55.01FEET TO THE END OF SAID CURVE AND THE POINT OF BEGINNING.
PARCEL CONTAINS 7062 SQUARE FEET, MORE OR LESS.
THE PARCEL ISSUBJECT TO A UTILITY EASEMENT AS ITAPPARENT ALONG ITS WEST BOUNDARY
LINE.
Address:1003DUCEY, MUSKEGON, MI 49442
Parcel#:61-24-612-000-0519-01
Price:$3,000.00
Page 3 of 5
Page 24 of 231
8. LegalDescription:CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 NORTH 1/2LOT 553
Address:554 AGNES, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0553-01
Price:$3,000.00
9. LegalDescription:CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 SOUTH 1/2LOT 553
Address:572 AGNES, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0553-10
Price:$3,000.00
10. LegalDescription:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 620
Address:502 MARY, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0621-01
Price:$3,000.00
11. LegalDescription:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 621
Address:508 MARY, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0620-01
Price:
$3,000.00
12. LegalDescription:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 639 & EAST 1/2
VACATED N/S ALLEY ADJACENT
Address:561 MARY, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0639-00
Price:$4,650.00
13.LegalDescription:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4 LOT 893
Address:1542ADAMS, MUSKEGON, MI 49442
Parcel
#:61-24-613-000-0893-00
Price:$4,650.00
14. LegalDescription:
CITY OF MUSKEGON REVISED PLAT OF 1903SOUTH 1/2LOTS 8 & 9 BLOCK
8
Address:320 WOOD, MUSKEGON, MI 49442
Parcel
#:61-24-205-008-0008-10
Price:$3,000.00
15. LegalDescription:
CITY OF MUSKEGON REVISED PLAT OF 1903LOT 10BLOCK 8
Address:346 WOOD, MUSKEGON, MI 49442
Parcel
#:61-24-205-008-0010-00
Price:$3,000.00
16. LegalDescription:
CITY OF MUSKEGON REVISED PLAT OF 1903LOT 14BLOCK 140
Address:425 OCTAVIUS, MUSKEGON, MI 49442
Parcel
#:61-24-205-140-0014-00
Price:$3,000.00
17. LegalDescription:
CITY OF MUSKEGON REVISED PLAT OF 1903CITY OF MUSKEGON LOT 5
BLOCK 13 AND WEST 1/2OF VAC 16.5FEET ALLEY ADJACENT THERETO (VAC ALLEY CITY RES
#99-87)
Address:436 CHARLES, MUSKEGON, MI 49441
Parcel
#:61-24-205-013-0005-00
Price:
$3,000.00
Page 4 of 5
Page 25 of 231
18. LegalDescription:
CITY OF MUSKEGON SEC 21 TION R16W W 50 FT OF N 132FT OF S 297 FT NE
1/4SW 1/4SW 1/4
Address:907 ORCHARD, MUSKEGON, MI 49442
Parcel
#:61-24-121-300-0062-00
Price:$3,000.00
19. LegalDescription:
CITY OF MUSKEGON SEC 21 T10N R16W E 66 FT OF W 544 1/2FT OF N 165FT
OF SW 1/4OF SW 1/4OF SW 1/4EX N 33 FT FOR ST
Address:877 AMITY, MUSKEGON, MI 49442
Parcel
#:61-24-121-300-0116-00
Price:$3,000.00
Page 5 of 5
Page 26 of 231
3/20/25, 5:06 PM about:blank
572 Agnes St Property Report
Area of Interest (AOI) Information
Area : 6,806.74 ft²
Mar 20 2025 17:05:03 Eastern Daylight Time
about:blank 1/2
Page 27 of 231
3/20/25, 5:06 PM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 1 6,806.74 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
61-24-612- 572 AGNES
1 24 0.16 0.15 572 No Data MUSKEGON
000-0553-10 ST
Property Property Owner Owner
Owner Owner Owner Care Owner
# Address Address Zip Address Address
Name 1 Name 2 Of Address
State Code City State
933
CITY OF
1 MI 49442 No Data PO BOX 536 TERRACE MUSKEGON MI
MUSKEGON
ST
Owner State PRE Property School
Assessed Taxable Property
# Address Zip Equalized Homestead Class District
Value Value Class Code
Code Value Pct Description Code
Residential -
1 49443 No Data No Data No Data No Data 402 61010
Vacant
Zoning per Assessor
# School District Name Tax Description Area(ft²)
Primary
CITY OF MUSKEGON
MUSKEGON CITY
1 R-1 URBAN RENEWAL PLAT 6,806.74
SCHOOL DIST
NO 3 S 1/2 LOT 553
©2020 Muskegon County GIS Data reported herein is believed to be accurate and up to date, however Muskegon County and Muskegon County GIS make no warranty
to the accuracy of the data. It is advised that before any decisions are made from this data, that the local assessor or building officials are contacted.
about:blank 2/2
Page 28 of 231
Page 29 of 231
Page 30 of 231
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with the City
Clerk by Stephens Homes and Investments LLC to construct a new home at 425 Octavius St. in the
Jackson Hill neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a Neighborhood
Enterprise Zone Certificate;
WHEREAS, the local unit of government is allowing the six (6) month grace period after construction
commencement to apply, which is allowed under the law;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for fifteen (15) years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise Zone
Certificate for the new construction of a home by Stephens Homes and Investments LLC be approved.
Adopted this 25th day of March, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 31 of 231
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on
March 25, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 32 of 231
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: ThattheCITY OF MUSKEGON, a municipal of
corporation,
933 Terrace
Street,
Muskegon,Michigan49440,
QUIT CLAIMS toSTEPHENS HOMES AND INVESTMENTS LLC, a LimitedLiability
Company, of1042
TerraceSt,Muskegon,Michigan49442,thefollowing
described
premisessituated
intheCityofMuskegon,
CountyofMuskegon,StateofMichigan,
towit:
*SEE ATTACHED LEGAL DESCRIPTIONS
forthesum ofFifty-Six One HundredSeventy-Five,
Thousand, and0/100Dollars
($56,175.00)
PROVIDED, HOWEVER, Grantee, oritsassigns,
shall
complete construction
ofone (1)single
familyhome on
eachofthenineteen on thepremises
(19)parcels herein conveyedwithintwenty-four(24)monthsafter
thedate
hereof.Indefaultofsuchconstruction,
title
tothepremises revert
shall totheCityofMuskegon freeandclearof
any claimofGranteeoritsassigns.Inaddition,
theCityofMuskegonmay retain theconsideration
forthis
conveyance freeandclearofany claimofGranteeorits Buyershall
assigns. removeonlythosetrees necessaryfor
construction
ofthehomes and driveways."Completec onstruction"
means:(1)issuanceofa residential
building
permitsby theCityofMuskegon;and (2)inthesoleopinion oftheCityofMuskegon's DirectorofInspections,
substantial
completionofthedwellingsdescribed
inthesaidbuildingpermits.Intheeventofreversionoftitles
of
theabove-describedpremises,
improvementsmade thereonshallbecometheproperty ofGrantor.
Thisdeedisexemptfromreal
estate
transfer
taxpursuant
totheprovisions
ofMCLA 207.505(h)(i)
anr'
MCLA 207.526Sec.6(h)(i).
Datedthis dayof 2024.
Signedinthepresence
of: CITY OF MUSKEGON
acfr^ fo †f e en ohnson,
Its ayor
Ann MarieMeisch,MMC, ItsClerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Beforeme personally inMuskegonCounty,Michigan,
appeared on cefnÓer _1, 2024,by KEN
JOHNSON andANN MARIE MEISCH, MMC, theMayor and Clerk, oftheCITY OF MUSKEGON,
respectively,
a municipal on behalf
corporation, oftheCity.
PREPARED BY: SamanthaPulos nda ffe ,NotaryPublic
CityofMuskegonPlanningDept. ActingintheCountyof //744 /fego r)
933 Terrace
St.Room 202 #/ad /¾eg-o CouEty,Michigan
Muskegon,MI 49440 llyComm. fÏxpires:
Telephone:231/724-6702
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
Page 1 of 5
Page 33 of 231
Legal Descriptions
1. LegalDescription:
CITY OF MUSKEGON REVISED PLAT OF 1903EAST ½ LOT 13BLOCK 386
Address:209 MERRILL, MUSKEGON, MI 49441
Parcel
#:61-24-205-386-0013-10
Price:$2,437.50
2. LegalDescription:CITY OF MUSKEGON REVISED PLAT OF 1903WEST ½ LOT 13BLOCK 386
Address:213 MERRILL, MUSKEGON, MI 49441
Parcel
#:61-24-205-386-0013-01
Price:$2,437.50
3. Legal Description:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 631 ALSO
VACATED EAST 1/2OF ADJACENT ALLEY ((8/00 RESOLUTION # 2000-72(G))
LOT 632 SPLIT FROM PARCEL 9/14/00
FOR 2001ROLL
Address:845 DUCEY, MUSKEGON, MI 49442
Parcel#:61-24-612-000-0631-00
Price:$6,000.00
4. LegalDescription:
PART OF LOTS 576 ANO 577,CITY OF MUSKEGON URBAN RENEWAL PLAT
NO. 3,MUSKEGON COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 519 OF SAID CITY OF MUSKEGON
URBAN RENEWAL PLAT NO. 3;
THENCE SOUTH 02 DEGREES 14MINUTES 29 SECONDS WEST, A DISTANCE OF 133.12FEET;
THENCE NORTH 88 DEGREES 51 MINUTES 05 SECONDS WEST, A DISTANCE OF 83.41FEET;
THENCE SOUTH 69 DEGREES 13MINUTES 36 SECONDS WEST, A DISTANCE OF 60.86FEET;
THENCE SOUTH 68 DEGREES 41 MINUTES 05 SECONDS WEST, A DISTANCE OF 38.02FEET TO THE
POINT OF BEGINNING;
CONTINUING SOUTH 68 DEGREES 41 MINUTES 05 SECONDS WEST, A DISTANCE OF 83.87FEET TO
THE SOUTHWEST CORNER OF SAID LOT 577;
THENCE NORTH O 1 DEGREES 41 MINUTES 33 SECONDS EAST, ALONG THE WEST LINE OF SAID
LOT 577,A DISTANCE OF 102.85FEET TO THE NORTHWEST CORNER OF SAID LOT 577;
THENCE SOUTH 88 DEGREES 28 MINUTES 35 SECONDS EAST, A DISTANCE OF 16.30FEET TO THE
BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 13 DEGREES 49 MINUTES 35
SECONDS, A RADIUS OF 166.67FEET, A CHORD BEARING OF NORTH 84 DEGREES 18 MINUTES 34
SECONDS EAST, A CHORD DISTANCE OF 40.12 FEET AND AN ARC LENGTH OF 40.22FEET TO THE
ENO OF SAID CURVE;
THENCE SOUTH 13 DEGREES 58 MINUTES 14 SECONDS EAST, A DISTANCE OF 78.18 FEET TO THE
POINT OF BEGINNING.
PARCEL CONTAINS 6062 SQUARE FEET, MORE OR LESS.
Address:973 DUCEY, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0577-10
Price:$3,000.00
5. LegalDescription:
PART OF LOTS 575ANO 576,CITY OF MUSKEGON URBAN RENEWAL PLAT
NO. 3,MUSKEGON COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 519;
THENCE SOUTH 02 DEGREES 14MINUTES 29 SECONDS WEST, A DISTANCE OF 133.12 FEET;
THENCE NORTH 88 DEGREES 51 MINUTES 05 SECONDS WEST, A DISTANCE OF 83.41FEET;
THENCE SOUTH 69 DEGREES 13MINUTES 36 SECONDS WEST, A DISTANCE OF 13.62FEET TO THE
POINT OF BEGINNING;
THENCE CONTINUING SOUTH 69 DEGREES 13MINUTES 36 SECONDS WEST, A DISTANCE OF 47.31
FEET;
THENCE SOUTH 68 DEGREES 41 MINUTES 05 SECONDS WEST, A DISTANCE OF 38.02FEET;
THENCE NORTH 13DEGREES 58 MINUTES 14SECONDS WEST, A DISTANCE OF 78.18FEET TO THE
BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 26 DEGREES
Page 2 of 5
Page 34 of 231
28 MINUTES 15 SECONDS, A RADIUS OF 166.67FEET, A CHORD BEARING OF NORTH 64 DEGREES 11
MINUTES 17SECONDS EAST, A CHORD DISTANCE OF 76.30FEET ANO AN ARC LENGTH OF 76.98
FEET TO THE END OF SAID CURVE;
THENCE SOUTH 20 DEGREES 46 MINUTES 24 SECONDS EAST, A DISTANCE OF 83.97FEET TO THE
POINT OF BEGINNING.
PARCEL CONTAINS 6264 SQUARE FEET, MORE OR LESS.
Address:983 DUCEY, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0576-10
Price:$3,000.00
6. LegalDescription:
PART OF LOTS 519 AND 575,CITY OF MUSKEGON URBAN RENEWAL PLAT
NO. 3,MUSKEGON COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 519;
THENCE SOUTH 02 DEGREES 14 MINUTES 29 SECONDS WEST, A DISTANCE OF 133.12
FEET;
THENCE NORTH 88 DEGREES 51 M1NUTES 05 SECONDS WEST, A DISTANCE OF 54.00FEET TO THE
POINT OF BEGINNING;
THENCE CONTINUING NORTH 88 DEGREES 51 MINUTES 05 SECONDS WEST, A DISTANCE OF 29.38
FEET;
THENCE SOUTH 69 DEGREES 13MINUTES 36 SECONDS WEST, A DISTANCE OF 13.62
FEET;
THENCE NORTH 20 DEGREES 46 MINUTES 24 SECONDS WEST, A DISTANCE OF 83.97FEET TO THE
BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 05 DEGREES
12 MINUTES 24 SECONDS, A RADIUS OF 166.67FEET, A CHORD BEARING OF NORTH 48 DEGREES
21
MINUTES 06 SECONDS EAST, A CHORD DISTANCE OF 15.14FEET, AN ARC LENGTH OF 15.14FEET
TO THE END OF SAID CURVE;
AND THE BEGINNING OF A REVERSE CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 26
DEGREES 48 MINUTES 37 SECONDS, A RADIUS OF 166.67FEET, A CHORD BEARING OF NORTH 58
DEGREES 10MINUTES 20 SECONDS EAST, A CHORD DISTANCE OF 77.07FEET, AN ARC LENGTH OF
77.99FEET TO THE END OF SAID CURVE;
THENCE SOUTH O2 DEGREES 14MINUTES 29 SECONDS WEST, A DISTANCE OF 124.94FEET TO THE
POINT OF BEGINNING.
PARCEL CONTAINS 6626 SQUARE FEET, MORE OR LESS.
THE PARCEL ISSUBJECT TO A UTILITY EASEMENT AS IT APPARENT ALONG ITSEAST BOUNDARY
LINE.
Address:993 DUCEY, MUSKEGON, MI 49442
Parcel#:61-24-612-000-0575-01
Price:$3,000.00
7. LegalDescription:
PART OF LOT 519,CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 3,
MUSKEGON COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 519;
THENCE SOUTH 02 DEGREES 14 MINUTES 29 SECONDS WEST, A DISTANCE OF 133.12FEET TO THE
SOUTHEAST CORNER OF SAID LOT 519;
THENCE NORTH 88 DEGREES 51 MINUTES 05 SECONDS WEST, A DISTANCE OF 54.00
FEET;
THENCE NORTH 02 DEGREES 14 MINUTES 29 SECONDS EAST, A DISTANCE OF 124.94FEET TO THE
BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 18
DEGREES 54 MINUTES 35 SECONDS, A RADIUS OF I66.67FEET, A CHORD BEARING OF NORTH 82
DEGREES 41 MINUTES 48 SECONDS EAST, A CHORD DISTANCE OF 54.76FEET AND AN ARC LENGTH
OF 55.01FEET TO THE END OF SAID CURVE AND THE POINT OF BEGINNING.
PARCEL CONTAINS 7062 SQUARE FEET, MORE OR LESS.
THE PARCEL ISSUBJECT TO A UTILITY EASEMENT AS ITAPPARENT ALONG ITS WEST BOUNDARY
LINE.
Address:1003DUCEY, MUSKEGON, MI 49442
Parcel#:61-24-612-000-0519-01
Price:$3,000.00
Page 3 of 5
Page 35 of 231
8. LegalDescription:CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 NORTH 1/2LOT 553
Address:554 AGNES, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0553-01
Price:$3,000.00
9. LegalDescription:CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 SOUTH 1/2LOT 553
Address:572 AGNES, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0553-10
Price:$3,000.00
10. LegalDescription:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 620
Address:502 MARY, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0621-01
Price:$3,000.00
11. LegalDescription:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 621
Address:508 MARY, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0620-01
Price:
$3,000.00
12. LegalDescription:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 639 & EAST 1/2
VACATED N/S ALLEY ADJACENT
Address:561 MARY, MUSKEGON, MI 49442
Parcel
#:61-24-612-000-0639-00
Price:$4,650.00
13.LegalDescription:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4 LOT 893
Address:1542ADAMS, MUSKEGON, MI 49442
Parcel
#:61-24-613-000-0893-00
Price:$4,650.00
14. LegalDescription:
CITY OF MUSKEGON REVISED PLAT OF 1903SOUTH 1/2LOTS 8 & 9 BLOCK
8
Address:320 WOOD, MUSKEGON, MI 49442
Parcel
#:61-24-205-008-0008-10
Price:$3,000.00
15. LegalDescription:
CITY OF MUSKEGON REVISED PLAT OF 1903LOT 10BLOCK 8
Address:346 WOOD, MUSKEGON, MI 49442
Parcel
#:61-24-205-008-0010-00
Price:$3,000.00
16. LegalDescription:
CITY OF MUSKEGON REVISED PLAT OF 1903LOT 14BLOCK 140
Address:425 OCTAVIUS, MUSKEGON, MI 49442
Parcel
#:61-24-205-140-0014-00
Price:$3,000.00
17. LegalDescription:
CITY OF MUSKEGON REVISED PLAT OF 1903CITY OF MUSKEGON LOT 5
BLOCK 13 AND WEST 1/2OF VAC 16.5FEET ALLEY ADJACENT THERETO (VAC ALLEY CITY RES
#99-87)
Address:436 CHARLES, MUSKEGON, MI 49441
Parcel
#:61-24-205-013-0005-00
Price:
$3,000.00
Page 4 of 5
Page 36 of 231
18. LegalDescription:
CITY OF MUSKEGON SEC 21 TION R16W W 50 FT OF N 132FT OF S 297 FT NE
1/4SW 1/4SW 1/4
Address:907 ORCHARD, MUSKEGON, MI 49442
Parcel
#:61-24-121-300-0062-00
Price:$3,000.00
19. LegalDescription:
CITY OF MUSKEGON SEC 21 T10N R16W E 66 FT OF W 544 1/2FT OF N 165FT
OF SW 1/4OF SW 1/4OF SW 1/4EX N 33 FT FOR ST
Address:877 AMITY, MUSKEGON, MI 49442
Parcel
#:61-24-121-300-0116-00
Price:$3,000.00
Page 5 of 5
Page 37 of 231
3/20/25, 5:04 PM about:blank
425 Octavius St Property Report
Area of Interest (AOI) Information
Area : 8,855.25 ft²
Mar 20 2025 16:59:21 Eastern Daylight Time
about:blank 1/2
Page 38 of 231
3/20/25, 5:04 PM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 1 8,855.25 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
425
61-24-205-
1 24 0.20 0.20 425 No Data OCTAVIUS MUSKEGON
140-0014-00
ST
Property Property Owner Owner
Owner Owner Owner Care Owner
# Address Address Zip Address Address
Name 1 Name 2 Of Address
State Code City State
CITY OF 933
1 MI 49442 No Data No Data MUSKEGON MI
MUSKEGON TERRACE
Owner State PRE Property School
Assessed Taxable Property
# Address Zip Equalized Homestead Class District
Value Value Class Code
Code Value Pct Description Code
Residential -
1 49440 0.00 0.00 0.00 0 402 61010
Vacant
Zoning per Assessor
# School District Name Tax Description Area(ft²)
Primary
CITY OF MUSKEGON
MUSKEGON CITY
1 R-1 REVISED PLAT OF 1903 8,855.25
SCHOOL DIST
LOT 14 BLK 140
©2020 Muskegon County GIS Data reported herein is believed to be accurate and up to date, however Muskegon County and Muskegon County GIS make no warranty
to the accuracy of the data. It is advised that before any decisions are made from this data, that the local assessor or building officials are contacted.
about:blank 2/2
Page 39 of 231
Page 40 of 231
Page 41 of 231
Page 42 of 231
Page 43 of 231
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: Neighborhood Enterprise Zone Certificate -
1221 Sanford St.
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
Staff is requesting the approval of a Neighborhood Enterprise Zone certificate for 15 years for a new
construction home at 1221 Sanford St.
Detailed Summary & Background:
An application for a Neighborhood Enterprise Zone (NEZ) certificate has been submitted by
OrangeFin Properties LLC for a new construction home at 1221 Sanford St. This was a former City-
owned lot that was sold to the developer. The estimated construction cost is $145,000.
The application meets all local and state requirements for NEZ certification. Included in your materials
are the new NEZ resolution and a map outlining the updated NEZ boundaries for your review.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Additional attainable housing units and
increased rates of home ownership
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:
I move to close the public hearing and approve the Neighborhood Enterprise Zone certificate at
1221 Sanford St. and authorize the City Clerk and Mayor to sign the certificate resolution.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head Yes
Page 44 of 231
Information
Technology
Other Division Heads
Communication
Legal Review
Page 45 of 231
Page 46 of 231
Page 47 of 231
Page 48 of 231
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with the City
Clerk by OrangeFin Properties LLC to construct a new home at 1221 Sanford St. in the Nelson
neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a Neighborhood
Enterprise Zone Certificate;
WHEREAS, the local unit of government is allowing the six (6) month grace period after construction
commencement to apply, which is allowed under the law;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for fifteen (15) years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise Zone
Certificate for the new construction of a home by OrangeFin Properties LLC be approved.
Adopted this 25th day of March, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 49 of 231
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on
March 25, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 50 of 231
Page 51 of 231
Invoice
Remit To:
217 Grandville Ave. S.W., Suite 302
Grand Rapids, Michigan 49503
(616)575-5190
Fed. ID# 38-2226643
January 31, 2025
Kara Novak Invoice No: 212885
OrangeFin Properties LLC
468 Pinecrest St
Holland, MI 49424
Project 25200096 1221 Sanford St
Professional Services through January 31, 2025
Boundary Survey
645.00
Retainer -645.00
-645.00
TOTAL THIS INVOICE 0.00
Invoices due net 20. Past due 1.5% per month service charge. 18% APR
Page 52 of 231
5/12 ENG. ROOF TRUSSES @ 24" O.C. W/ 7" HEELS
5/12 ENG. ROOF TRUSSES @ 24" O.C. W/ 7" HEELS
5/12 ENG. ROOF TRUSSES @
24" O.C. W/ 7" HEELS
TOP OF... TOP OF...
PLATE PLATE
8'-1 1 8"
8'-1 1 8"
HORIZ SIDING
HORIZ SIDING
WALL WALL
3'-6"
3'-6"
FOOTING
FOOTING
FRONT ELEVATION REAR ELEVATION
1/4" = 1'0"
1/4" = 1'0"
ASPHALT ROOFING
OVER 15# FELT
TOP OF...
PLATE
8'-1 1 8"
HORIZ SIDING
WALL
3'-6"
FOOTING
LEFT ELEVATION
1/4" = 1'0"
ASPHALT ROOFING
OVER 15# FELT
TOP OF...
PLATE 8'-1 1 8"
HORIZ SIDING
WALL
3'-6"
FOOTING
RIGHT ELEVATION
RIGHT ELEVATION
1/4" = 1'0"
REVISIONS:
PLAN Note: Every attempt has been made in
the preparation of this plan to avoid
SHEET 225020 THE DRAWING BOARD, INC. mistakes. However, the maker cannot
3
HOUSE PLANS FOR: 7285 RANSOM ST. - ZEELAND, MI 49464
guarantee against human error.
Dimensions and details must be checked
by contractor and subcontractors on the
job. All dimensions are figured as rough,
2 X 4 being 1- 1/2" X 3- 1/2".
OF 3 SJAARDA HOMES - NOVAK RENTAL 616-875-DRAW (3729) Copyright 2025 The Drawing Board, Inc.
Unauthorized reproduction of these plan
tim@thedrawingboard.us is prohibited by law.
Page 53 of 231
10'-8" 9'-4"
5'-4" 5'-4" 4'-6" 4'-10"
12" RAKE
2-2X10 HDR 2-2X10 HDR
NOTES:
DH3660 (EGRESS) DH3660 (EGRESS)
8'-1 1/8" PLATE HEIGHT
S - SMOKE DETECTORS - INTERCONNECTED
BEDROOM #1 W/ BATTERY BACKUP
10'-0" X 12'-0" CM - CARBON MONOXIDE DETECTOR
5/12 ENG. ROOF TRUSSES UNLESS OTHERWISE NOTED, ALL
10'-3"
@ 24" O.C. W/ 7" HEELS DIMENSIONAL HEADERS SHALL BE #2 BETTER
BEDROOM #2 HEM FIR & ALL WINDOW & DOOR HEADERS &
12'-4"
9'-0" X 9'-7" BEAMS ARE CALCULATED TO HAVE A
6'-9" 3'-11" 3'-8" 5'-8" MAXIMUM DEFLECTION OF .33"
WINDOWS WITH OPENINGS LOCATED MORE
S THAN 72" ABOVE FINISHED GRADE & 24" OR
LESS ABOVE THE FINISHED FLOOR SHALL BE
8"
EQUIPPED WITH WINDOW OPENING LIMITING
2'
S 4'0" BIFOLD DEVICES OR APPROVED FALL PREVENTION
CLOSET DEVICES.
2'-1"
2'-1"
2'
5'-4" X 2'-0" EXTERIOR WALLS FIGURED AS 4" & 6" (3 1/2"
8"
STUD & 1/2" SHEATHING OR 5 1/2" STUD & 1/2"
5'0" BIFOLD
SHEATHING)
CLOSET
2'-8"
7'0" HDR
12" UPPERS
S
3'-11"
ALL ATTIC ACCESS DOORS TO BE WEATHER
6'-5" X 2'-0" STRIPPED AND INSULATED TO MEET
CM
REQUIRED INSULATION R-VALUE OF
6'-4"
12" UPPERS 30" RANGE
SURROUNDING SURFACES.
W/ HOOD
ALL WINDOW & EXTERIOR DOOR HDRS @ 6'10
4'-0"
WASHER DRYER
8"
1/2" UNLESS OTHERWISE NOTED
2-2X10 HDR
2'
3'-4"
2-2X10 HDR
DH3642
DH2442
KITCHEN
SINK
8'-8" BATH/ 2'-0"
8'-6"
LAUNDRY 9'-0" X 13'-3"
10'-0" X 5'-5"
REFRIG.
4'-6"
36"x 36"
SHOWER
LAV.
8'-11"
W.C.
20" CORNICE
50'-0"
50'-0"
SNACK BAR
MECH./
STORAGE
6'-7"
8'-0" X 5'-11"
cLRIDGE
56'-0"
56'-0"
ST '0"
2'
L.
8"
3
DINETTE
W.C. 11'-0" X 9'7"
37'-8"
20" CORNICE
LAV.
SHOWER
5' TUB &
5'-0"
BATH
8'-0" X 4'-11"
30'-5"
2'
8"
7'0" HDR
S
4'-1"
CLOSET
4'-5" X 3'-5"
CM
22'-5"
GREAT ROOM
8"
2'
6"
2'
S 11'-0" X 14'-4"
4'-9" 3'-11" 5/12 ENG. ROOF
TRUSSES @ 24"
O.C. W/ 7" HEELS
10'-10"
BEDROOM #3
8'-0" X 10'-6"
ST '0"
DH3660 (EGRESS) P6060
L.
3
2-2X10 HDR 2-2X10 HDR 2-2X10 HDR
12" RAKE
20" CORNICE
cLRIDGE
4" P.C. SLAB
6'-0"
6'-0"
COVERED PORCH
11'-4" X 5'-7"
12" RAKE
FLOOR PLAN
8'-0" 12'-0" 1/4" = 1'0"
4'-4" 4'-4" 1'-11" 5'-3" 4'-2"
8'-8" 11'-4"
20'-0"
REVISIONS:
PLAN Note: Every attempt has been made in
the preparation of this plan to avoid
SHEET 225020 THE DRAWING BOARD, INC. mistakes. However, the maker cannot
1 950
HOUSE PLANS FOR: guarantee against human error.
Dimensions and details must be checked
by contractor and subcontractors on the
7285 RANSOM ST. - ZEELAND, MI 49464 job. All dimensions are figured as rough,
SQ. FT. 2 X 4 being 1- 1/2" X 3- 1/2".
OF 3 SJAARDA HOMES - NOVAK RENTAL 616-875-DRAW (3729) Copyright 2025 The Drawing Board, Inc.
20' X 56' tim@thedrawingboard.us Unauthorized reproduction of these plan
is prohibited by law.
Page 54 of 231
20'-0"
8" WALL
16" X 8" FTG.
2" LEDGE
DOWN 4"
8" WALL
16" X 8" FTG.
NOTES:
ROOF LIVE LOAD/ SNOW
LOAD 40 PSF
EXPOSURE CATEGORY B
BASIC WIND SPEED
3 SECOND GUST 115 MPH
ICE & WIND SHIELD DRIP EDGE TO 24"
(HORIZONTALLY) INSIDE EXTERIOR WALL
ASPHALT SHINGLES OVER 15# FELT ON
BLOWN IN 1/2" OSB ROOF SHEATHING ON 2X10
INSULATION RAFTERS @ 16" O.C.
METAL DRIP EDGE
5/8" DRYWALL ALUM FASCIA OVER
2X6 BACKER
50'-0"
50'-0"
VENTED ALUM
SOFFIT
56'-0"
56'-0"
1/2" DRYWALL 2X4 #2 BTR K.D. STUDS @ 16"
O.C. W/ 3-1/2" INSUL. BETWEEN
UNEXCAVATED W/ 7/16" OSB SHEATHING &
COMPACTED SAND FILL WEATHER RESISTANT
MIN. 3'-6" P.C. SHEATHING PAPER
WALL HEIGHT WOLMAN SILL PLATE & SILL SEAL
SECURED W/ 1/2" DIA. X 10"
ANCHOR BOLTS @ 6' O.C. MAX.
12" FROM CORNERS & SEAMS
GRADE MIN. 6" BELOW SILL
PLATE - SLOPE AWAY FROM
WALL 6' IN FIRST 10'-0"
4" CONC. SLAB
8" WALL
16" X 8" FTG. ASPHALT DAMPPROOFING
24" FOAM (R10) ON 8" X 42" P.C. WALL
DOWN 24"
16" X 8" CONT. CONC.
SOIL TYPE: SP SAND FOOTING
LOAD BEARING CAPACITY
ASSUMED AT 2000 PSF
16" X 8" FTG.
WALL SECTION
8" WALL
2" LEDGE
3/8" = 1'0"
DOWN 4"
DROP WALL
DROP WALL UNEXCAVATED
DOWN 6"
DOWN 6" COMPACTED SAND FILL
6'-0"
6'-0"
MIN. 3'-6" P.C. 6" WALL
6" WALL WALL HEIGHT
16" X 8" FTG. 16" X 8" FTG.
6" WALL
16" X 8" FTG.
8'-0" 12'-0"
20'-0"
FOUNDATION PLAN
1/4" = 1'0"
REVISIONS:
PLAN Note: Every attempt has been made in
the preparation of this plan to avoid
SHEET 225020 THE DRAWING BOARD, INC. mistakes. However, the maker cannot
2
HOUSE PLANS FOR: 7285 RANSOM ST. - ZEELAND, MI 49464
guarantee against human error.
Dimensions and details must be checked
by contractor and subcontractors on the
job. All dimensions are figured as rough,
2 X 4 being 1- 1/2" X 3- 1/2".
OF 3 SJAARDA HOMES - NOVAK RENTAL 616-875-DRAW (3729) Copyright 2025 The Drawing Board, Inc.
Unauthorized reproduction of these plan
tim@thedrawingboard.us is prohibited by law.
Page 55 of 231
Page 56 of 231
Page 57 of 231
Page 58 of 231
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: Neighborhood Enterprise Zone Certificate -
254 Meeking St.
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
Staff is requesting the approval of a Neighborhood Enterprise Zone certificate for 15 years for a new
construction home at 254 Meeking St.
Detailed Summary & Background:
An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received from Green
Rabbit Home Builders for a new construction home at 254 Meeking St. The cost of construction is
approximately $216,000. The applicant has met local and state requirements for the issuance of an
NEZ certificate. You will also find a copy of the new NEZ resolution and map outlining the new NEZ
boundaries.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Diverse housing types
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:
I move to close the public hearing and approve the Neighborhood Enterprise Zone certificate at 254
Meeking St and authorize the City Clerk and Mayor to sign the certificate and resolution.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head Yes
Information
Page 59 of 231
Technology
Other Division Heads
Communication
Legal Review
Page 60 of 231
Page 61 of 231
Page 62 of 231
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with the City
Clerk by Green Rabbit Home Builders to construct a new home at 254 Meeking St. in the Marquette
neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a Neighborhood
Enterprise Zone Certificate as required under PA 147 of 1992;
WHEREAS, the local unit of government is allowing the six (6) month grace period after construction
commencement to apply, which is allowed under the law;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for fifteen (15) years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise Zone
Certificate for the new construction of a home by Green Rabbit Home Builders be approved.
Adopted this 25th day of March, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 63 of 231
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on
March 25, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 64 of 231
3/10/25, 2:13 PM about:blank
254 Meeking St. Property Report
Area of Interest (AOI) Information
Area : 6,667.53 ft²
Mar 10 2025 8:05:29 Eastern Daylight Time
about:blank 1/2
Page 65 of 231
3/10/25, 2:13 PM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 1 6,667.53 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
254
61-24-613-
1 24 0.15 0.21 254 No Data MEEKING MUSKEGON
000-0681-00
ST
Property Property Owner Owner
Owner Owner Owner Care Owner
# Address Address Zip Address Address
Name 1 Name 2 Of Address
State Code City State
933
CITY OF
1 MI 49442 No Data PO BOX 536 TERRACE MUSKEGON MI
MUSKEGON
ST
Owner State PRE Property School
Assessed Taxable Property
# Address Zip Equalized Homestead Class District
Value Value Class Code
Code Value Pct Description Code
Commercial
1 49443 0.00 0.00 0.00 0 201 61010
- Improved
Zoning per Assessor
# School District Name Tax Description Area(ft²)
Primary
CITY OF MUSKEGON
MUSKEGON CITY
1 R-1 URBAN RENEWAL PLAT 6,667.53
SCHOOL DIST
NO 4 LOT 681
©2020 Muskegon County GIS Data reported herein is believed to be accurate and up to date, however Muskegon County and Muskegon County GIS make no warranty
to the accuracy of the data. It is advised that before any decisions are made from this data, that the local assessor or building officials are contacted.
about:blank 2/2
Page 66 of 231
Page 67 of 231
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Page 70 of 231
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
Approve minutes of the March 3, 2025, Special Commission Meeting, the March 10, 2025, Commission
Worksession Meeting, and the March 11, 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
Page 71 of 231
City of Muskegon Special Meeting
Focus Area Review
Muskegon City Hall 933 Terrace Street
Muskegon, MI 49440, Room 204
March 3, 2025 3:00 p.m.
Mayor Johnson called the meeting to order at 3:10 p.m.
Present: Mayor Johnson, Vice Mayor St.Clair (arrived at 3:12 p.m.), Commissioners
Keener, Gorman (left at 5:26 p.m.), Kilgo (left at 5:35 p.m.), and Kochin (arrived at
3:18 p.m.)
Absent: Commissioner German
Staff Members present: Jake Eckholm, Dan VanderHeide, Tim Kozal, Jonathan
Seyferth, Ken Grant, LeighAnn Mikesell, and Kimberly Young
Deputy City Manager, LeighAnn Mikesell, provided an update on progress that has
been made on all four goals in the past year.
City Manager, Jonathan Seyferth, reviewed each Focus Area under each goal and
Mayor Johnson facilitated discussion regarding each Focus Area. Some Focus Areas
were removed from the list to vote for because significant progress has been or is
being made in those areas.
The Mayor and Commissioners were given one each of blue and yellow sticker dots
representing different point values (2 pts. for blue, 1 pt. for yellow). They were asked to
place their dots next to the Key Focus Areas that they felt were the highest in priority.
This exercise will help to inform staff as to which areas should receive more of their
focus and attention. The goal of this exercise is to identify two or three Focus Areas to
prioritize. Three Focus Areas were identified for prioritization.
The Goals and Key Focus Areas that were displayed are listed below. Key Focus
Areas identified as highest priority include discussion items or suggestions as to
what meeting these goals could include.
Page 72 of 231
2027 GOAL 1: DESTINATION COMMUNITY & QUALITY OF LIFE
Create an environment that puts an emphasis on improving amenities and investing in
the traits that positively affect residents’ quality of life and attract visitors.
Prioritized Key Focus Areas
Improved access to waterways – 3 pts
• Articulate what preferred development looks like – develop sub area plans to use
for marketing or develop guidelines for waterfront development, consider
incorporating into our tax incentive scoring
• Consider all types of access: views, bike and pedestrian access
• Consider how we make current city owned waterfront accessible
• Consider how we communicate what waterfront property is actually public
• Make current water trail mapping shareable
• Use the MLWP management plan as a tool
Recognizable improvements to community safety – 3 pts
• Increase and stabilize the number of community officers
• Increase total number of officers
• Consider more foot and bike patrols
• Establish K9 unit
• Implement safe, improved crossing of Shoreline Drive
• Review special events annually for safety concerns
• Add more bike lanes
• Increase enforcement of sidewalk clearing or add routes the city cleans
• Improve efforts to reduce gun and youth violence
• Consider how we share information about who is perpetrating crime in the city
and the reasons behind the crime (targeted or opportunity)
Other Key Focus Areas for Goal 1
Improved transportation connections throughout the community
Reduction of blighted commercial properties
Parks and Recreation Department and Services
Partnerships with organizations focused on reducing poverty
Page 73 of 231
2027 GOAL 2: ECONOMIC DEVELOPMENT, HOUSING, AND
BUSINESS
Create an environment that effectively attracts new residents and retains existing
residents by filling existing employment gaps, attracting new and diverse businesses to
the city, and expanding access to a variety of high-quality housing options in Muskegon.
Prioritized Key Focus Areas
Opportunities to retain youth within the city and attract young talent – 4 pts
• Increase outreach to youth to get their feedback
• Consider establishing a youth council or working with another agency to do so
• Consider youth Muskegon Star program
• Market how diverse our community is
• Consider how we engage with MCC and Baker
• Consider how we can connect high school students with jobs at the city
• Consider minimum job requirements and how we can reduce barriers (testing
also)
• Consider how often and times of day we require candidates to report for testing
or interviews – how can we reduce the burden for people who have to leave work
for these appointments?
• Promote the Muskegon Promise
Other Key Focus Areas for Goal 2
Diverse housing types
Improved community vibrancy through infill development
Additional attainable housing units and increased rates of home ownership
Improved customer service and streamlined business development processes
Neighborhood commercial center development
Progress toward new and ongoing economic development projects
Increased population of people who live and work within the city limits
Wider variety of options for greater use of arena and convention center
Page 74 of 231
2027 GOAL 3: COMMUNITY CONNECTION
Create an environment of mutual respect and trust between local government and the
community we serve. Increase communication with residents, workers, business owners,
and visitors to inform, educate, and create opportunities for input.
Key Focus Areas for Goal 3
Digestible, understandable, and accessible internal and community communications
Supported neighborhood associations and neighborhood association leaders
Strong ties among government and community agencies
Increased and diversified options for public participation and communications
More connected and cohesive community
Staff reflective of the diverse community
Increased accessible options for elections
Increased support for relationship building between public safety and neighbors
2027 GOAL 4: FINANCIAL INFRASTRUCTURE
Create an environment that naturally affects the city’s revenues in a positive manner, with
a focus on reclaiming city investments in housing, nurturing startup projects proposed
throughout the city, and exploring staff recommendations related to new revenues.
Key Focus Areas for Goal 4
Maximized efficient use of existing infrastructure
Increase revenue
Reliable and efficient short and long term financial practices
Increased revenue from tourism
Educational options to communicate revenue sources and services provided
Sustainable funding for Parks and Recreation
Meeting adjourned at 5:46 p.m.
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CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
March 10, 2025 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
CALL TO ORDER
Present: Mayor Ken Johnson, Vice Mayor Rebecca St. Clair (arrived at 5:43
p.m.), Commissioners Willie German, Jr., Rachel Gorman, Katrina Kochin, and
Jay Kilgo, City Manager Jonathan Seyferth, and City Clerk Ann Marie Meisch
Absent: Commissioner Destinee Keener
2025-19 NEW BUSINESS
A. Social Media Use Policy and Guidelines Community Engagement
Deborah Sweet, Community Engagement Manager, explained that the City of
Muskegon does not currently have a social media policy. This is a new policy to
outline use and guidelines for City employees and officials.
B. Act 425 Shared Jurisdiction Agreement with Fruitport Township
Economic Development
Jake Eckholm, Development Services Director, explained that a portion of the
former West Shore Correctional Facility site that we have been infilling as an
addition to the Port City Industrial Park sits in Fruitport Township. We are
proposing a legal agreement that is available for cities per Act 425 which will
allow both parties to collect a portion of their millage rates, thereby making
development of the site in the City's interest.
For several years we have focused on attracting businesses to the areas of the
industrial park expansion that were already in our corporate limits. Now that we
have programmed all of that property it is time to get the remaining 28 acres of
the site under our jurisdictional control. The Act 425 Agreement is the most
common avenue for two municipal bodies to work out a deal for shared taxes
and jurisdictional authority without having to go through the expensive and
often contentious annexation process.
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The agreement sets the terms, which allows for Fruitport to collect 3.5 mills, and
the City of Muskegon to collect the balance of our 12.85 mills less the Fruitport
share. It also dictates that we split the burden of any tax abatement on the site,
and allows the City to assess its local income tax. This item will be on the March
11, 2025, City Commission Meeting.
C. Beach Shuttle Service Recommendation Manager's Office
Jonathan Seyferth, City Manager, shared the recommendation for the
proposed beach shuttle service.
Staff has investigated options for transit service to and among our
beaches. Proposals were made by Muskegon Area Transit and Pioneer
Resources. Details can be found in the packet.
The first is a beach circulator option where transit service will circulate among
Harbour Towne, Margaret Drake Eliot, Pere Marquette, Beachwood, and Kruse
Parks.
The second option is a downtown to beach connector providing connection
from Downtown and Lakeside to Pere Marquette Park. Each end of the route is
further serviced by transit through the beach circulator and regular MATS
operations/routes.
Staff recommends contracting with MATS for the beach circulator and with
Pioneer Resources for the downtown to beach connector. Costs for the service
will be borne by beach parking revenue. Staff also recommends conducting
surveys during the summer service to understand how it is received and what
changes should be considered for the future.
During the buy one, get one beach pass sale, 2071 passes were sold, and 2061
were provided free of charge.
D. Western Market Operations Update Economic Development
Jocelyn Hines, Development Analyst, and Contessa Alexander, Development
Analyst presented the update. As of 2025, the Economic Development
Department has taken over operations of the Western Market.
The Economic Development Department has assumed responsibility for
operating the Western Market Chalets. We extend our appreciation to the City
Clerk’s Office for their previous efforts in making the Market a success.
As of February 27, 2025, we have received applications from eight (8) returning
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vendors and seven (7) new vendors. The Market will continue to serve as a
business incubator space, and we are implementing new initiatives to support
vendor success.
Key Updates & Initiatives:
• Business Development Support:
o Partnering with Northern Initiatives to provide a business skills
assessment for each vendor.
o Engaging a consultant to facilitate three (3) business workshops to
enhance vendor success.
• 2025 Market Season Schedule
o May 24 – August 30: Thursdays 11am-5pm, Fridays 11am-5pm, and
Saturdays 10am-4pm
o June 1, 8, 15, & 22: Sundays 11am-4pm
o August 31 – September 30: Fridays 11am-5pm, and Saturdays
10am-4pm
o October 1 – October 31: Saturdays 10am-4pm
• Vendor Rental Fees for 2025:
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)
Fee Structure Updates:
In 2024, we introduced common area maintenance (CAM) fees to offset the
increasing costs of maintaining public spaces, utilities, and restroom facilities. At
the March 11, 2025 Commission meeting, we will request an update to the
Western Market user fees to:
• Include CAM fees
• Eliminate air conditioning and additional electricity fees
This presentation serves as an informational update to keep the City
Commission informed of the operational transition, vendor support initiatives,
and proposed fee adjustments. No immediate action is required, but we
welcome any questions or feedback from the Commission.
E. Definition of Family & Single Room Occupancy Planning
Mike Franzak, Planning Director, explained that the zoning ordinance defines a
family as anyone related by blood or marriage plus two other unrelated
people. This definition has remained largely unchanged for nearly 100 years
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and has created many non-conforming situations, most of which go unnoticed.
Staff would like to discuss amending this definition to align more with today's
evolving living situations. This would also be a good time to discuss a Single-
Room Occupancy ordinance, which allows multiple people to rent single
rooms within a house and share amenities within the home.
F. SeeClickFix Community Engagement
Deborah Sweet, Community Engagement Manager, explained that staff has
implemented SeeClickFix, a 311 tool by CivicPlus; and after months of data
preparation, system integration, and staff training, we are now reviewing
progress and planning a multi-year contract proposal between now and May.
What is SeeClickFix?
A 311 solution by CivicPlus® that enables residents to report issues, request
services, share feedback, and engage with local government.
Helps local governments streamline workflows, increase transparency, and
enhance accountability. Encourages collaboration between residents and
government to maintain a clean, safe, and well-functioning community.
Background & Implementation Progress:
• CivicPlus is an existing vendor for the City, providing tools like agenda
management for City Commission and Municode.
• The City Manager signed a one-year contract in June 2024 for just under
$25,000 to implement SeeClickFix.
• A cross-departmental team has worked to:
o Compile and categorize service request data.
o Identify request types and integrate GIS files.
o Develop a marketing campaign and public engagement strategy.
o Align the system with other workflow management tools.
o Train managers and frontline staff.
o Finalize a launch plan to ensure a smooth rollout.
Today’s Purpose:
• Demonstrate the work completed so far.
• Showcase key features and functionality of SeeClickFix.
• Provide an updated launch timeline.
Next Steps:
• Staff will return with a formal proposal for a multi-year contract to
continue using the tool later this month.
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PUBLIC COMMENT
No public comments were made.
ADJOURNMENT
The Commission Worksession Meeting adjourned at 7:40 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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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
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, March 11, 2025.
Pastor Michael McGee from Spring Street Missionary Baptist Church, opened
the meeting with prayer, after which the Commission and public recited the
Pledge of Allegiance to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Rebecca St. Clair, Commissioners
Rachel Gorman, Katrina Kochin (arrived at 5:39 p.m.), Jay Kilgo, Destinee
Keener (arrived at 5:40 p.m.), and Willie German, Jr., City Manager Jonathan
Seyferth, City Attorney John Schrier, and City Clerk Ann Marie Meisch
2025-20 PUBLIC HEARINGS
A. Recommendation of Annual Renewal of Liquor Licenses City Clerk
To adopt a resolution recommending the State withhold renewal of those liquor
license establishments who are in violation of Section 50-146 and 50-147 of the
Code of Ordinances for the City of Muskegon.
These establishments have been found to be in non-compliance with the City
Code of Ordinances and renewal of their liquor licenses should not be
recommended by the City Commission. If any of these establishments come
into compliance by March 20, 2025, they will be removed from this resolution,
and recommendation for their renewal will be forwarded to the Liquor Control
Commission.
STAFF RECOMMENDATION: Adopt the resolution.
The public hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Kilgo, second by Commissioner Gorman, to adopt the
resolution.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, German, and Gorman
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Nays: None
MOTION PASSES
B. Act 425 Shared Jurisdiction Agreement with Fruitport
Township Economic Development
A portion of the former West Shore Correctional Facility site that we have been
infilling as an addition to the Port City Industrial Park sits in Fruitport Township. We
are proposing a legal agreement that is available for cities per Act 425 which
will allow both parties to collect a portion of their millage rates, thereby making
development of the site in the City's interest.
For several years we have focused on attracting businesses to the areas of the
industrial park expansion that were already in our corporate limits. Now that we
have programmed all of that property it is time to get the remaining 28 acres of
the site under our jurisdictional control. The Act 425 Agreement is the most
common avenue for two municipal bodies to work out a deal for shared taxes
and jurisdictional authority without having to go through the expensive and
often contentious annexation process.
The agreement sets the terms, which allows for Fruitport to collect 3.5 mills, and
the City of Muskegon to collect the balance of our 12.85 mills less the Fruitport
share. It also dictates that we split the burden of any tax abatement on the site,
and allows the city to assess its local income tax.
STAFF RECOMMENDATION: Motion to Approve the Act 425 Agreement with
Fruitport Township as presented and to authorize the Mayor and Clerk to sign.
The public hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Keener, second by Commissioner Kochin, to approve
the Act 425 Agreement with Fruitport Township as presented and to authorize
the Mayor and Clerk to sign.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Gorman, Kochin, and
St.Clair
Nays: None
MOTION PASSES
PUBLIC COMMENT ON AGENDA ITEMS
No public comments were made
2025-21 CONSENT AGENDA
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A. Approval of Minutes City Clerk
Approve minutes of the February 25, 2025, City Commission Meeting.
STAFF RECOMMENDATION: Approval of the minutes.
B. CivicPlus 311 SeeClickFix Contract Public Works
City staff request approval of the CivicPlus SeeClickFix contract for continued
use of the resident request and issue reporting system to improve city services
and community engagement.
SeeClickFix is a platform designed to allow residents to report non-emergency
issues (such as potholes, overgrown grass, and park maintenance) directly to
the city for resolution. It provides a simple interface for residents to submit
requests, track progress, and provide feedback, fostering improved city
services and transparency.
Important Dates:
• One-year Contract Signed: June 24, 2024
• Contract Renewal: June 25, 2025
• 60-Day Notice Period Date: April 26, 2025
• Commission Worksession Presentation: March 10, 2025
• Requested Approval of Contract at City Commission Meeting: March 11,
2025
STAFF RECOMMENDATION: To authorize staff to enter into a multiyear contract
with CivicPlus for SeeClickFix Request, Marketplace App Annual, and
SeeClickFix Connector for Cartegraph OMS, subject to the renewal terms.
C. Fireworks Display Permit for Boys & Girls Club of the Muskegon
Lakeshore City Clerk
Pyrotecnico Fireworks, Inc. is requesting approval of a fireworks display permit
for Saturday, May 17, 2025, at Heritage Landing. The Fire Marshall will inspect
the fireworks on the day of the event.
STAFF RECOMMENDATION: Approve the fireworks display permit for Pyrotecnico
Fireworks, Inc., contingent upon inspection of the fireworks.
D. Metro Act permit extension, KEPS Technologies DPW- Engineering
Staff requests approval of the included five-year Metro Act permit extension
requested by KEPS Technologies Inc, dba ACD.net.
KEPS Technologies, Inc dba ACD.net currently holds a Metro Act permit with
the City of Muskegon. That agreement expired on 2/10/2025. ACD.net has
requested a five-year extension, to the date of 2/10/2030.
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STAFF RECOMMENDATION: I move to approve the five-year Metro Act permit
extension requested by KEPS Technologies Inc, dba ACD.net and authorize the
DPW Director to sign.
E. Amendment to the zoning ordinance - Cottage Court Developments -
Second Read Planning
Staff-initiated request to amend Section 400 and Articles II and XX of the zoning
ordinance to create regulations that allow for cottage court developments.
• A cottage court development is a type of housing design that typically
consists of a cluster of small, single-story homes or cottages arranged
around a shared central courtyard or green space. This design is often
used to create a community-oriented environment, where the homes
are in close proximity to each other, and the shared space fosters social
interaction and a sense of belonging.
• Some key features of a cottage court development include:
o Central Courtyard: The homes are typically arranged around a
shared outdoor space, such as a garden, lawn, or courtyard,
creating a more communal feel.
o Small-Scale Homes: The individual units, often referred to as
cottages, are generally smaller in size and designed to be more
affordable or efficient.
o Pedestrian-Friendly: These developments are often designed with
pedestrians in mind, with pathways connecting the homes and the
central shared space.
o Sense of Community: Because of the proximity and shared spaces,
cottage courts are intended to encourage neighborly interaction,
fostering a tight-knit community.
• The type of density proposed in these types of developments is similar to
the density allowed in the recent zoning reform amendments.
• The zoning amendments proposed would do the following:
o Create a definition for Cottage Court Developments.
o Create a section in the zoning ordinance under General Provisions
that regulates Cottage Court Developments.
o Allows Cottage Court Developments as a use by right (under
certain conditions) in the following zoning districts: R, FBC-NE, FBC-
UR, LFBC-LMR, and LFBC-LR.
The Planning Commission unanimously (7-0, 2 members absent) recommended
approval of the ordinance amendments.
STAFF RECOMMENDATION: I move to approve the request to amend Section
400 and Articles II and XX of the zoning ordinance to create regulations that
allow for cottage court developments as proposed.
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F. Amendment to the zoning ordinance - Accessory Commercial Units -
Second Read Planning
Staff-initiated request to amend Section 400 and Articles II and XX of the zoning
ordinance to create regulations that allow for accessory commercial units.
• An "accessory commercial unit" (ACU) is a small commercial space, like
a retail store or office, that is attached to or built on the same property as
a residential dwelling, essentially acting as a secondary business space
within a residential neighborhood, similar to how an accessory dwelling
unit (ADU) is a secondary living space on a residential lot.
• ACUs are often seen as a way to bring local businesses closer to residents
and increase neighborhood vibrancy without significantly altering the
character of the area.
• The Future Land Use Map created during the Master Plan process,
includes “community node” areas where higher densities and uses
should be considered.
• The Master Plan recommends uses such as these in the following sections
of the document:
o Housing & Neighborhoods: Goal 3: Create walkable community
nodes within a short distance of all residents. Identify existing or
potential community nodes in each city neighborhood to serve as
a strong center(s) from which the neighborhood can orient itself
and build upon. Update land use regulations to permit better
integration of different land uses at identified community nodes.
• Economic Development: Goal 2: Create viable commercial corridors
and community nodes. Simplify zoning regulations to permit flexibility in
business types. The zoning amendments proposed would do the
following:
o Create a definition for Accessory Commercial Unit.
o Create an Accessory Commercial Unit Overlay District. ACUs would
only be allowed within these boundaries and under these
guidelines.
The Planning Commission unanimously (7-0, 2 members absent) recommended
approval of the ordinance amendment.
STAFF RECOMMENDATION: I move to approve the request to amend Section
400 and Articles II and XX of the zoning ordinance to create regulations that
allow for accessory commercial units as presented.
H. 2025 Pavement Marking Program Public Works
Staff is requesting approval of a contract with Michigan Pavement Markings,
LLC in the amount of $33,300.
Muskegon County typically receives bids annually for pavement marking work
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throughout the county and also for various individual communities within the
county. DPW provided the county with approximate quantities for various
items of work including all the "usual" line-type markings. In addition, the county
also received bid prices for "special" such as turn arrows, crosswalks, stop bars,
etc.
Based on the estimated quantities and prices received, DPW is anticipating an
approximate annual amount of $33,300 which is comparable to amounts in
past years. This includes the prices directly provided by Michigan Pavement
Markings, a 10% contingency since these items are difficult to quantify exactly,
and $3,000 in funds for the "special" markings as needed.
STAFF RECOMMENDATION: I move to authorize staff to enter into a three-year
contract with Michigan Pavement Markings in a first-year amount of $33,300.00
for pavement marking work within the City of Muskegon as directed by the
Muskegon Department of Public Works.
I. Road Maintenance Materials, Aggregates, and Concrete Public Works
Staff requests authorization to purchase road maintenance materials,
aggregates, and ready-mixed concrete from selected bidders.
Bids were solicited for road maintenance materials, aggregates, and ready-
mixed concrete for purchase in 2025. Purchases will be made from the
recommended bidders highlighted in yellow on the attached bid tabs.
Purchases are contingent upon product availability, timely deliveries, and
prices as quoted.
STAFF RECOMMENDATION: I move to approve purchases of road maintenance
materials, aggregates, and ready-mixed concrete for 2025 from the selected
bidders as shown within budgeted amounts.
L. Concur with CRC Recommendation to make Appointments to the Local
Development Finance Authority City Clerk
To concur with Community Relations Committee recommendation to
reappoint Matthew Cortez and appoint Catherine Emery to the Local
Development Finance Authority as the Muskegon Public School District
Representatives.
STAFF RECOMMENDATION: To appoint Matthew Cortez and Catherine Emery to
the Local Development Finance Authority as the Muskegon Public School
District Representatives.
Motion by Commissioner Keener, second by Commissioner German, to
approve the Consent Agenda as presented minus items G, J, and K.
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ROLL VOTE: Ayes: Kilgo, Keener, German, Gorman, Kochin, St.Clair, and
Johnson
Nays: None
MOTION PASSES
2025-22 ITEMS REMOVED FROM THE CONSENT AGENDA
G. Western Market User Fees Updates Economic Development
The Economic Development Department is requesting an update to the
Western Market User Fees.
The Economic Development Department is requesting an update to the
Western Market User Fees. An initial presentation on these proposed updates
was provided to the City Commission at the March 10, 2025, Worksession.
In 2024, adjustments were made to better accommodate vendors and ensure
the long-term sustainability of the Western Market. To further streamline
operations and account for rising maintenance costs, we are proposing the
following updates:
• Eliminating air conditioning and additional electricity fees
• Introducing common area maintenance (CAM) fees to help cover
public space upkeep, utilities, and restroom facilities
Fee Schedule Comparison:
2024/2025 Previous User Fees:
• Extra Electricity: $75
• Air Conditioning: $300
2025 Proposed User Fees:
• Extra Electricity: $75
• Air Conditioning: $300
• Chalet Rental Fees:
o 90 sq. ft. – $1,450 (3+ years: $1,750)
o 120 sq. ft. – $1,925 (3+ years: $2,325)
o 150 sq. ft. – $2,350 (3+ years: $2,825)
• Common Area Maintenance (CAM) Fees: $52.94/month
The Economic Development Department seeks Commission approval to
update the Western Market User Fees as outlined above.
STAFF RECOMMENDATION: I move to approve the changes in Western Market
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User Fees by eliminating the air conditioning and extra electricity fees and
adding the CAM fees.
Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to approve
the changes in Western Market User Fees by eliminating the air conditioning
and extra electricity fees and adding the CAM fees.
ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, Johnson, and
Kilgo
Nays: None
MOTION PASSES
J. Campbell Field Park Playground Addition DPW- Parks
Staff requests approval of the Sinclair Recreation proposal for a GameTime
playground installation at Campbell Field Park for $110,000.
In January, the Parks & Recreation Department posted a bid document to
solicit proposals for a Campbell Field Park playground addition. The additional
playground amenity was deemed a big priority for this park through the master
planning process. Residents wanted more activities for older kids, as the small
play system currently at Campbell is only for ages 2-5.
We received several proposals at the target cost of $110,000, and staff
recommends selecting Sinclair Recreation's proposal for a GameTime system
for $110,000. Game Time playgrounds are robust and easy to repair, and
Sinclair has proven themselves to be very easy to work with and
professional. This was budgeted and planned through our master planning
process and capital improvement plan, and this very playground is what was
used to create the graphics shown in the Campbell Field Master Planning
documents.
Sinclair Recreation - $110,000
WeBuildFun - $109,732
Midwest Recreation - $105,838
Kinetic Recreation - $109,516
Snider Recreation - $109,856
Great Lakes Recreation - $110,000
STAFF RECOMMENDATION: To authorize staff to contract with Sinclair Recreation
in the amount of $110,000 for a new playground and installation at Campbell
Field Park.
Motion by Vice Mayor St.Clair, second by Commissioner Kochin, to authorize
staff to contract with Sinclair Recreation in the amount of $110,000 for a new
playground and installation at Campbell Field Park.
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ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, Kilgo, and
Keener
Nays: None
MOTION PASSES
K. Consent for the transfer of deed restrictions on 1275 Dudley Economic
Development
Lawrence Baker purchased the vacant lot at 1275 Dudley from the City of
Muskegon in 2005, and has not built on it. He is requesting permission to sell it to
a buyer who plans to build 2 homes on the lot, rather than the City of
Muskegon reclaiming the lot through reverter clauses in the deed restrictions.
The buyer has agreed to comply with our existing lot sale infill policy, including
placing reverter clauses to the City in the new deed.
In 2005, Lawrence Baker purchased the vacant lot from the City of Muskegon
for $11,000 with the intention of building a custom home on the site. The buyer
did not move forward, and the City never exercised its reverter on the lot. Mr.
Baker has remained tax current, and now has a buyer in Joanna Gergely. Mrs.
Gergely and her family vacation in West Michigan and are interested in
building a home on the lot for themselves, and then splitting it and building
another for sale home. Mrs. Gergely has agreed to include the same deed
restrictions that our current lot sale policy dictates, and to have both homes
built within the timeline laid out in the policy. This is an efficient option for staff
and the attorney's office, avoiding the need to revert the lot and then resell it.
STAFF RECOMMENDATION: Motion to waive the City's reversionary interest in the
deed for 1275 Dudley Ave., contingent on and simultaneous with the execution
of a new deed by Mr. Baker that includes identical reversionary language to
ensure the property will revert to the City if the conditions in the reversionary
language are not satisfied.
Motion by Commissioner Kilgo, second by Commissioner German, to waive the
City's reversionary interest in the deed for 1275 Dudley Ave., contingent on and
simultaneous with the execution of a new deed by Mr. Baker that includes
identical reversionary language to ensure the property will revert to the City if
the conditions in the reversionary language are not satisfied.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Keener, and German
Nays: Kilgo
MOTION PASSES
2025-23 NEW BUSINESS
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A. Nelson House Purchase and Redevelopment Agreement Conditions of
Sale Planning
Following direction from the City Commission at the January Worksession, staff
has revised the conditions for the purchase and redevelopment of the Nelson
House and is proposing to begin the process of listing the house with a realtor.
Initial approval of the Purchase and Redevelopment Request for Bids was
granted by the City Commission at their September 9th, 2024 meeting. No bids
were received for the Nelson House at the close of the bid period in November
2024, and following further direction from the Commission, staff is proposing a
number of changes to the conditions to broaden interest in the house. These
changes include:
• Retaining the requirement for owner-occupancy in perpetuity but
removing the restriction to single family occupancy to allow for a total
unit count that complies with local zoning regulations (up to four units).
• Setting a reserve price of ______________ based on the average of a
series of Comparative Market Analysis for the house in its present
condition.
• Waiving the City's water and sewer connection fees for the future buyer.
• Extending the project completion timeline from 12 months to 24 months.
• Extending the start date for exterior work from 90 days to 120 days after
closing, and for interior work from 150 days to 180 days after closing.
Staff is also proposing to formally list the Nelson House with a realtor. To date,
the house has only been made available for purchase directly from the City of
Muskegon via last year’s bid proposal process, and listing through a realtor is
anticipated to increase the pool of potential buyers.
Lastly, staff will be gathering estimates for roof replacement, publishing a
request for bids for the same, and returning at a later date to seek approval of
a selected contractor to complete the work. This work will also involve
addressing any identified structural deficiencies within the existing roof framing.
STAFF RECOMMENDATION: I move to approve the changes to the Nelson House
Purchase and Redevelopment Conditions of Sale and authorize staff to begin
the process of listing the house with a realtor.
Motion by Commissioner Keener, second by Commissioner Kilgo, to approve
the changes to the Nelson House Purchase and Redevelopment Conditions of
Sale and authorize staff to begin the process of listing the house with a realtor.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, German, and
Gorman
Nays: None
MOTION PASSES
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ANY OTHER BUSINESS
Mayor Johnson stated that Saturday, March 15th, at 11:00 a.m., is the 12th
Annual St. Patrick’s Day Parade.
GENERAL PUBLIC COMMENT
Public comments received.
Motion by Commissioner Keener, second by Commissioner Kilgo, to suspend
the rules of the Commission.
Motion and second withdrawn.
ADJOURNMENT
The City Commission meeting adjourned at 7:15 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC
City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: Sale of 312 Jackson
Submitted by: Samantha Pulos, Code Department: Planning
Coordinator
Brief Summary:
Staff is seeking authorization to sell the City-owned vacant lot at 312 Jackson to Sjaarda Homes and
Properties LLC (Derek Sjaarda).
Detailed Summary & Background:
Sjaarda Homes and Properties LLC (Derek Sjaarda) would like to purchase the City-owned buildable
lot at 312 Jackson for $2,625 (75% of the True Cash Value of $3,500) plus half of the closing costs, and
the fee to register the deed. Sjaarda Homes and Properties LLC (Derek Sjaarda) will be constructing a
single-family home on the property.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Focus Area/Action Item Addressed:
Create an environment that effectively attracts new residents and retains existing residents by
filling existing employment gaps, attracting new and diverse businesses to the city, and
expanding access to a variety of high-quality housing options in Muskegon. Diverse housing
types.
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:
Authorize staff to sell the City-owned vacant lot at 312 Jackson to Sjaarda Homes and Properties LLC
(Derek Sjaarda).
Approvals: Guest(s) Invited / Presenting:
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Immediate Division x No
Head
Information
Technology
Other Division Heads x
Communication
Legal Review
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PURCHASE AND DEVELOPMENT AGREEMENT
This Purchase and Development Agreement (“Agreement”) is made March 25, 2025 (“Effective Date”),
between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street, Muskegon,
Michigan 49440 (“City”), and Sjaarda Homes and Properties LLC, Derek Sjaarda, 15131 Blueberry Ct,
West Olive MI, 49460 (“Developer”), with reference to the following facts:
Background
A. Developer proposes to purchase and develop one (1) vacant property owned by City which
is located in the City of Muskegon, Muskegon County, Michigan, and each commonly known and legally
described on the attached Exhibit A (each property individually, a “Parcel” and collectively “Project
Property”).
B. City and Developer desire to establish the terms, covenants, and conditions upon which
City will sell and Developer will purchase and develop the Project Property. Developer intends to develop
on the Project Property one (1) single-family home. (the “Project”).
Therefore, for good and valuable consideration, the parties agree as follows:
1. Sale and Purchase of Project Property. City agrees to sell to Developer, and Developer
agrees to purchase from City, on the terms and subject to the conditions set forth in this Agreement, the
Project Property, subject to reservations, restrictions, and easements of record.
2. Purchase Price. The total purchase price for the Project Property shall be $2,625.00,
which shall be paid in cash or other immediately available funds at Closing (defined below) less the $400
deposit that the Developer has paid to the City of Muskegon.
Pursuant to Paragraph 3(b) below, the parties acknowledge and agree that Developer shall be eligible to be
reimbursed all or a portion of the purchase price for the Parcel upon the completion of certain design
standards as further described herein.
3. Construction and Development Requirements.
a. Construction Dates. The parties acknowledge and agree that Developer shall have
a period of eighteen (18) months from the date of Closing to complete the Project (“Construction
Period”), except as otherwise provided in this Agreement or as otherwise mutually agreed upon by
the parties in writing.
b. Construction Details; Purchase Price Reimbursement. Developer’s construction
and development of the Project Property, including single-family homes, duplexes, triplexes, and
accessory dwelling units, shall be in substantial conformance with its plans and specifications
provided to City by Developer or as otherwise agreed upon in writing between City and Developer.
As referenced above, Developer shall be eligible for reimbursement of all or a portion of the
purchase price for the Project Property upon Developer’s satisfaction of the following design
standards for each single-family home, duplex, triplex, and accessory dwelling unit it constructs on
the Project Property. If the Project includes an accessory dwelling unit, both the primary dwelling
unit (single-family home, duplex, triplex) and the accessory dwelling unit must meet the design
standards outlined below to be eligible for reimbursement.
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Design Standard Purchase Price Reimbursement for Parcel
Open front porch of at least 60 sq. ft. 20%
Picture or bay window 20%
Alley-loaded parcel 20%
Shutter or other acceptable window 20%
treatments
Underground Sprinkling 20%
(By way of example only: If Developer completes three of the design standards listed above for
the construction at the Parcel located at 312 Jackson, Developer would be reimbursed $1,575.00,
which is 60% of the $2,625.00 purchase price for this Parcel. If Developer completes all five design
standards, Developer would be reimbursed the entire purchase price for this Parcel. If Developer
builds a duplex or small multiplex, Developer would be reimbursed 100% of the purchase price for
this Parcel.)
4. Right of Reversion. Notwithstanding anything herein to the contrary, and as security for
Developer’s obligation to commence and complete construction of a single-family home on each of the
Project Property, the quit claim deed conveying the Project Property to Developer shall contain a right of
reversion in all of the Project Property (“City’s Reversionary Right”), which may be exercised by City, in
its sole and absolute discretion, if any of the following conditions occur:
a. Developer does not commence construction within sixty (60) days after the date of
Closing, in which case title to all of the Project Property shall automatically revert to City upon the
terms and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph
4(a), commencing construction means furnishing labor and materials to the Parcel of the Project
Property and beginning installation of the approved single-family home.
b. Developer does not complete construction of the Project Property prior to
expiration of the Construction Period, in which case title to any of the Project Property that are not
complete by the end of the Construction Period shall automatically revert to City upon the terms
and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph 4(b),
completing construction means the issuance of an occupancy permit by City for the Project
Property. Provided, however, the parties agree to reasonably negotiate an extension of the
Construction Period up to a period of six (6) months for the Project Property that have a completed
foundation before the expiration of the initial Construction Period.
If any of the above conditions occur, City shall automatically have City’s Reversionary Right to reacquire
title to the Project Property, as the case may be. To exercise City’s Reversionary Right described herein,
City must provide written notice to Developer (or its permitted successors, assigns, or transferees) within
thirty (30) days of Developer’s failure under this Agreement, but in any event prior to Developer satisfying
the conditions set forth in Paragraph 4(a) or Paragraph 4(b) above, as the case may be, and record such
notice with the Muskegon County Register of Deeds. Upon request of City, Developer shall take all
reasonable steps to ensure City acquires marketable title to the Project Property, as the case may be, through
its exercise of its rights under this Paragraph within thirty (30) days of City’s demand, including without
limitation, the execution of appropriate deeds and other documents.
In addition, if the Project Property revert to City, City may retain the purchase price for such Project
Property free and clear of any claim of Developer or its assigns. In the event of reversion of title of the
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Project Property, improvements made on such Project Property shall become the property of City. In no
event shall the Project Property be in a worse condition than upon the date of Closing. These covenants and
conditions shall run with the land and be recorded in the quit claim deed from City to Developer.
5. Title Insurance. Within five (5) days after the Effective Date, Developer shall order a title
commitment for an extended coverage ALTA owner’s policy of title insurance issued by Transnation Title
Agency (the “Title Company”) for the Project Property in the amount of the total purchase price for the
Project Property and bearing a date later than the Effective Date, along with copies of all of the underlying
documents referenced therein (the “Title Commitment”). Developer shall cause the Title Company to issue
a marked-up commitment or pro forma owner’s policy with respect to the Project Property at the Closing
naming Developer as the insured and in form and substance reasonably satisfactory to Developer, but
subject to Permitted Exceptions (defined below). As soon as possible after the Closing, Developer shall
cause the Title Company to furnish to Developer an extended coverage ALTA owner’s policy of title
insurance with respect to the Project Property (the “Title Policy”). City shall be responsible for the cost of
the Title Policy; provided, however, Developer shall be solely responsible for the cost of any endorsements
to the Title Policy that Developer desires.
6. Title Objections. Developer shall have until the end of the Inspection Period (as defined
below) within which to raise objections to the status of City’s title to the Project Property. If objection to
the title is made, City shall have seven (7) days from the date it is notified in writing of the particular defects
claimed to either (a) remedy the objections, or (b) notify Developer that it will not remedy the objections.
If Developer does not notify City in writing as to any title or survey objections, then Developer will be
deemed to have accepted the condition of title as set forth in the Title Commitment. If City is unwilling or
unable to remedy the title or obtain title insurance over such defects within the time period specified, then
notwithstanding anything contained herein to the contrary, Developer may, at its option, upon written notice
to City, either (i) terminate this Agreement and neither City nor Developer shall have any further obligation
to the other pursuant to this Agreement, except as otherwise provided herein, or (ii) waive such objection,
in which case such objection shall become a Permitted Exception, and thereafter proceed to the Closing
according to the terms of this Agreement. Any matter disclosed on the Title Commitment that is waived or
not objected to by Developer shall be deemed a “Permitted Exception.”
7. Property Taxes and Assessments. City shall be responsible for the payment of all real
estate taxes and assessments that become due and payable prior to Closing, without proration. Developer
shall be responsible for the payment of all real estate taxes and assessments that become due and payable
after Closing, without proration.
8. Survey. Developer at its own expense may obtain a survey of any or all of the Project
Property, and Buyer or its surveyor or other agents may enter any of the Project Property for that purpose
prior to Closing. If no survey is obtained, Developer agrees that Developer is relying solely upon
Developer's own judgment as to the location, boundaries, and area of the Project Property and
improvements thereon without regard to any representations that may have been made by City or any other
person. In the event that a survey by a registered land surveyor made prior to Closing discloses an
encroachment or substantial variation from the presumed land boundaries or area, City shall have the option
of affecting a remedy within seven (7) days after disclosure, or terminate this Agreement. Developer may
elect to purchase the Project Property subject to said encroachment or variation.
9. Inspection Period. At Developer’s sole option and expense, Developer and Developer’s
agents may conduct inspections of each of the Project Property within thirty (30) days after the Effective
Date (“Inspection Period”). Developer’s inspection under this Paragraph may include, by way of example
but not limitation, inspections of any existing improvements to each Parcel, other systems servicing the
Parcel, zoning, and the suitability for Developer’s intended purposes for each Parcel. If Developer, in
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Developer’s reasonable discretion, is not satisfied with the results of the inspections for any reason,
Developer shall notify City in writing of Developer’s prior to expiration of the 30-day Inspection Period. If
Developer so notifies City, this Agreement shall be terminated and have no further force and effect. If no
written objection is made by Developer within the stated period, this inspection contingency shall be
deemed to be waived by Developer and the parties shall proceed to Closing in accordance with the terms
of this Agreement.
10. Condition of Project Property. City and Developer acknowledge and agree that the Parcel
in the Project Property is being sold and delivered “AS IS”, “WHERE IS” in its present condition. Except
as specifically set forth in this Agreement or any written disclosure statements, City has not made, does not
make, and specifically disclaims any and all representations, warranties, or covenants of any kind or
character whatsoever, whether implied or express, oral or written, as to or with respect to (i) the value,
nature, quality, or condition of any of the Project Property, including without limitation, soil conditions,
and any environmental conditions; (ii) the suitability of the Project Property for any or all of Developer’s
activities and uses; (iii) the compliance of or by the Project Property with any laws, codes, or ordinances;
(iv) the habitability, marketability, profitability, or fitness for a particular purpose of the Project Property;
(v) existence in, on, under, or over the Project Property of any hazardous substances; or (vi) any other matter
with respect to the Project Property. Developer acknowledges and agrees that Developer has or will have
the opportunity to perform inspections of the Project Property pursuant to this Agreement and that
Developer is relying solely on Developer’s own investigation of the Project Property and not on any
information provided to or to be provided by City (except as specifically provided in this Agreement). If
the transaction contemplated herein closes, Developer agrees to accept the respective Project Property
acquired by Developer and waive all objections or claims against City arising from or related to such Project
Property and any improvements thereon except for a breach of any representations or warranties or
covenants specifically set forth in this Agreement. In the event this transaction closes, then subject to City’s
express representations, warranties, and covenants in this Agreement, Developer acknowledges and agrees
that it has determined that the respective Project Property it has acquired and all improvements thereon are
in a condition satisfactory to Developer based on Developer’s own inspections and due diligence, and
Developer has accepted such Project Property in their present condition and subject to ordinary wear and
tear up to the date of Closing. The terms of this Paragraph shall survive the Closing and/or the delivery of
the deed.
11. Developer’s Representations and Warranties of Developer. Developer represents,
covenants, and warrants the following to be true:
a. Authority. Developer has the power and authority to enter into and perform
Developer’s obligations under this Agreement.
b. Litigation. No judgment is outstanding against Developer and no litigation, action,
suit, judgment, proceeding, or investigation is pending or outstanding before any forum, court, or
governmental body, department or agency or, to the knowledge of Developer, threatened, that has
the stated purpose or the probable effect of enjoining or preventing the Closing.
c. Bankruptcy. No insolvency proceeding, including, without limitation, bankruptcy,
receivership, reorganization, composition, or arrangement with creditors, voluntary or involuntary,
affecting Developer or any of Developer's assets or property, is now or on the Closing Date will be
pending or, to the knowledge of Developer, threatened.
12. Conditions Precedent. This Agreement and all of the obligations of Developer under this
Agreement are, at Developer’s option, subject to the fulfillment, before or at the time of the Closing, of
each of the following conditions:
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a. Performance. The obligations, agreements, documents, and conditions required to
be signed and performed by City shall have been performed and complied with before or at the date
of the Closing.
b. City Commission Approval. This Agreement is approved by the Muskegon City
Commission.
13. Default.
a. By Developer. In the event Developer fails to comply with any or all of the
obligations, covenants, warranties, or agreements under this Agreement and such default is not
cured within ten (10) days after receipt of notice (other than Developer’s failure to tender the
purchase price in full at Closing, a default for which no notice is required), then City may terminate
this Agreement.
b. By City. In the event City fails to comply with any or all of the obligations,
covenants, warranties or agreements under this Agreement, and such default is not cured within ten
(10) days after receipt of notice, then Developer may either terminate this Agreement or Developer
may pursue its legal and/or equitable remedies against City including, without limitation, specific
performance.
14. Closing.
a. Date of Closing. The closing date of this sale shall be as mutually agreed by the
parties, but in no event later than 60 days from the City Commission’s approval of the sale
(“Closing”), unless this Agreement is terminated in accordance with its provisions. The Closing
shall be conducted at such time and location as the parties mutually agree.
b. Costs. The costs associated with this Agreement and the Closing shall be paid as
follows: (i) Developer shall pay any state and county transfer taxes in the amount required by law;
(ii) City shall pay the premium for the owner’s Title Policy, provided that Developer shall pay for
any and all endorsements to the Title Policy that Developer desires; (iii) City shall be responsible
to pay for the recording of any instrument that must be recorded to clear title to the extent required
by this Agreement; (iv) Developer shall pay for the cost of recording the deed; and (v) Developer
and City shall each pay one-half of any closing fees charged by the Title Company.
c. Deliveries. At Closing, City shall deliver a quit claim deed for the Project Property
and Developer shall pay the purchase price. The quit claim deed to be delivered by City at closing
shall include the City Right of Reversion described in Paragraph 4 above. The parties shall execute
and deliver such other documents reasonably required to effectuate the transaction contemplated
by this Agreement.
15. Real Estate Commission. Developer and City shall each be responsible for any fees for
any real estate agents, brokers, or salespersons regarding this sale that it has hired, but shall have no
obligation as to any fees for any real estate agents, brokers, or salespersons regarding this sale that the other
party has hired.
16. Notices. All notices, approvals, consents and other communications required under this
Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii) when sent by
fax or email: (iii) when sent by a nationally-recognized receipted overnight delivery service with delivery
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fees prepaid; or (iv) when sent by United States first-class, registered, or certified mail, postage prepaid.
The notice shall be effective immediately upon personal delivery or upon transmission of the fax or email;
one day after depositing with a nationally recognized overnight delivery service; and five (5) days after
sending by first class, registered, or certified mail.
Notices shall be sent to the parties as follows:
To City: City of Muskegon
Attn.: Samantha Pulos, Code Coordinator
933 Terrace Street
Muskegon, MI 49440
w/ copy to: Parmenter Law
Attn.: John C. Schrier
601 Terrace Street, Suite 200
Muskegon, MI 49440
Email: john@parmenterlaw.com
To Developer: Sjaarda Homes and Properties LLC
Derek Sjaarda
15131 Blueberry Ct
West Olive MI 49460
Email: dlsjaarda@gmail.com
Cell: 616-723-7130
17. Miscellaneous.
a. Governing Law. This Agreement will be governed by and interpreted in
accordance with the laws of the state of Michigan.
b. Entire Agreement. This Agreement constitutes the entire agreement of the parties
and supersedes any other agreements, written or oral, that may have been made by and between the
parties with respect to the subject matter of this Agreement. All contemporaneous or prior
negotiations and representations have been merged into this Agreement.
c. Amendment. This Agreement shall not be modified or amended except in a
subsequent writing signed by all parties.
d. Binding Effect. This Agreement shall be binding upon and enforceable by the
parties and their respective legal representatives, permitted successors, and assigns.
e. Counterparts. This Agreement may be executed in counterparts, and each set of
duly delivered identical counterparts which includes all signatories, shall be deemed to be one
original document.
f. Full Execution. This Agreement requires the signature of all parties. Until fully
executed, on a single copy or in counterparts, this Agreement is of no binding force or effect and if
not fully executed, this Agreement is void.
g. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of any other provision of this Agreement.
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h. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions of this Agreement shall not in any way be impaired or
affected.
i. No Reliance. Each party acknowledges that it has had full opportunity to consult
with legal and financial advisors as it has been deemed necessary or advisable in connection with
its decision to knowingly enter into this Agreement. Neither party has executed this Agreement in
reliance on any representations, warranties, or statements made by the other party other than those
expressly set forth in this Agreement.
j. Assignment or Delegation. Except as otherwise specifically set forth in this
Agreement, neither party shall assign all or any portion of its rights and obligations contained in
this Agreement without the express or prior written approval of the other party, in which approval
may be withheld in the other party's sole discretion.
k. Venue and Jurisdiction. The parties agree that for purposes of any dispute in
connection with this Agreement, the Muskegon County Circuit Court shall have exclusive personal
and subject matter jurisdiction and that Muskegon County is the exclusive venue.
This Agreement is executed effective as of the Effective Date set forth above.
CITY: DEVELOPER:
CITY OF MUSKEGON Sjaarda Homes and Properties LLC
By: _______________________________
By: _______________________________ Name: Derek Sjaarda
Name: Ken Johnson Dated: __________________
Title: Mayor
Dated: __________________
By: _______________________________
Name: Ann Marie Meisch
Title: City Clerk
Dated: __________________
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Exhibit A
The following described premises located in the City of Muskegon, County of Muskegon, State of
Michigan, and legally described as follows:
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 9 BLK 141 EXC N 8 FT
SD LOT FOR ALLEY SBJT TO ESMNT RECOR'D L:89 P:531
Address: 312 JACKSON AVE, MUSKEGON, MI 49442
Parcel #: 61- 24-205-141-0009-00
Price: $2,625.00
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: Sale of 441 E Isabella
Submitted by: Samantha Pulos, Code Department: Planning
Coordinator
Brief Summary:
Staff is seeking authorization to sell the City-owned vacant lot at 441 E Isabella to Caleb Schuyten.
Detailed Summary & Background:
Caleb Schuyten would like to purchase the City-owned buildable lot at 441 E Isabella for $3,000 (75%
of the True Cash Value of $4,000) plus half of the closing costs, and the fee to register the deed.
Caleb Schuyten will be constructing a duplex on the property.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Focus Area/Action Item Addressed:
Create an environment that effectively attracts new residents and retains existing residents by
filling existing employment gaps, attracting new and diverse businesses to the city, and
expanding access to a variety of high-quality housing options in Muskegon. Diverse housing
types.
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:
Authorize staff to sell the City-owned vacant lot at 441 E Isabella to Caleb Schuyten.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
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Technology
Other Division Heads x
Communication
Legal Review x
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PURCHASE AND DEVELOPMENT AGREEMENT
This Purchase and Development Agreement (“Agreement”) is made March 25, 2025 (“Effective
Date”), between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street,
Muskegon, Michigan 49440 (“City”), and Caleb Schuyten, of 6751 14 Mile Road, Rockford, MI, 49341,
(“Developer”), with reference to the following facts:
Background
A. Developer proposes to purchase and develop one (1) vacant property owned by City which
is located in the City of Muskegon, Muskegon County, Michigan, and each commonly known and legally
described on the attached Exhibit A (each property individually, a “Parcel” and collectively “Project
Property”).
B. City and Developer desire to establish the terms, covenants, and conditions upon which
City will sell and Developer will purchase and develop the Project Property. Developer intends to develop
on the Project Property one (1) duplex. (the “Project”).
Therefore, for good and valuable consideration, the parties agree as follows:
1. Sale and Purchase of Project Property. City agrees to sell to Developer, and Developer
agrees to purchase from City, on the terms and subject to the conditions set forth in this Agreement, the
Project Property, subject to reservations, restrictions, and easements of record.
2. Purchase Price. The total purchase price for the Project Property shall be $3,000.00,
which shall be paid in cash or other immediately available funds at Closing (defined below) less the $400
deposit that the Developer has paid to the City of Muskegon.
Pursuant to Paragraph 3(b) below, the parties acknowledge and agree that Developer shall be eligible to be
reimbursed all or a portion of the purchase price for the Parcel upon the completion of certain design
standards as further described herein.
3. Construction and Development Requirements.
a. Construction Dates. The parties acknowledge and agree that Developer shall have
a period of eighteen (18) months from the date of Closing to complete the Project (“Construction
Period”), except as otherwise provided in this Agreement or as otherwise mutually agreed upon by
the parties in writing.
b. Construction Details; Purchase Price Reimbursement. Developer’s construction
and development of the Project Property, including single-family homes, duplexes, triplexes, and
accessory dwelling units, shall be in substantial conformance with its plans and specifications
provided to City by Developer or as otherwise agreed upon in writing between City and Developer.
As referenced above, Developer shall be eligible for reimbursement of all or a portion of the
purchase price for the Project Property upon Developer’s satisfaction of the following design
standards for each single-family home, duplex, triplex, and accessory dwelling unit it constructs on
the Project Property. If the Project includes an accessory dwelling unit, both the primary dwelling
unit (single-family home, duplex, triplex) and the accessory dwelling unit must meet the design
standards outlined below to be eligible for reimbursement.
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Design Standard Purchase Price Reimbursement for Parcel
Open front porch of at least 60 sq. ft. 20%
Picture or bay window 20%
Alley-loaded parcel 20%
Shutter or other acceptable window 20%
treatments
Underground Sprinkling 20%
(By way of example only: If Developer completes three of the design standards listed above for
the construction at the Parcel located at 441 E Isabella, Developer would be reimbursed $1,800.00,
which is 60% of the $3,000.00 purchase price for this Parcel. If Developer completes all five design
standards, Developer would be reimbursed the entire purchase price for this Parcel. If Developer
builds a duplex or small multiplex, Developer would be reimbursed 100% of the purchase price for
this Parcel.)
4. Right of Reversion. Notwithstanding anything herein to the contrary, and as security for
Developer’s obligation to commence and complete construction of a duplex on each of the Project Property,
the quit claim deed conveying the Project Property to Developer shall contain a right of reversion in all of
the Project Property (“City’s Reversionary Right”), which may be exercised by City, in its sole and absolute
discretion, if any of the following conditions occur:
a. Developer does not commence construction within sixty (60) days after the date of
Closing, in which case title to all of the Project Property shall automatically revert to City upon the
terms and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph
4(a), commencing construction means furnishing labor and materials to the Parcel of the Project
Property and beginning installation of the approved duplex.
b. Developer does not complete construction of the Project Property prior to
expiration of the Construction Period, in which case title to any of the Project Property that are not
complete by the end of the Construction Period shall automatically revert to City upon the terms
and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph 4(b),
completing construction means the issuance of an occupancy permit by City for the Project
Property. Provided, however, the parties agree to reasonably negotiate an extension of the
Construction Period up to a period of six (6) months for the Project Property that have a completed
foundation before the expiration of the initial Construction Period.
If any of the above conditions occur, City shall automatically have City’s Reversionary Right to reacquire
title to the Project Property, as the case may be. To exercise City’s Reversionary Right described herein,
City must provide written notice to Developer (or its permitted successors, assigns, or transferees) within
thirty (30) days of Developer’s failure under this Agreement, but in any event prior to Developer satisfying
the conditions set forth in Paragraph 4(a) or Paragraph 4(b) above, as the case may be, and record such
notice with the Muskegon County Register of Deeds. Upon request of City, Developer shall take all
reasonable steps to ensure City acquires marketable title to the Project Property, as the case may be, through
its exercise of its rights under this Paragraph within thirty (30) days of City’s demand, including without
limitation, the execution of appropriate deeds and other documents.
In addition, if the Project Property revert to City, City may retain the purchase price for such Project
Property free and clear of any claim of Developer or its assigns. In the event of reversion of title of the
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Project Property, improvements made on such Project Property shall become the property of City. In no
event shall the Project Property be in a worse condition than upon the date of Closing. These covenants and
conditions shall run with the land and be recorded in the quit claim deed from City to Developer.
5. Title Insurance. Within five (5) days after the Effective Date, Developer shall order a title
commitment for an extended coverage ALTA owner’s policy of title insurance issued by Transnation Title
Agency (the “Title Company”) for the Project Property in the amount of the total purchase price for the
Project Property and bearing a date later than the Effective Date, along with copies of all of the underlying
documents referenced therein (the “Title Commitment”). Developer shall cause the Title Company to issue
a marked-up commitment or pro forma owner’s policy with respect to the Project Property at the Closing
naming Developer as the insured and in form and substance reasonably satisfactory to Developer, but
subject to Permitted Exceptions (defined below). As soon as possible after the Closing, Developer shall
cause the Title Company to furnish to Developer an extended coverage ALTA owner’s policy of title
insurance with respect to the Project Property (the “Title Policy”). City shall be responsible for the cost of
the Title Policy; provided, however, Developer shall be solely responsible for the cost of any endorsements
to the Title Policy that Developer desires.
6. Title Objections. Developer shall have until the end of the Inspection Period (as defined
below) within which to raise objections to the status of City’s title to the Project Property. If objection to
the title is made, City shall have seven (7) days from the date it is notified in writing of the particular defects
claimed to either (a) remedy the objections, or (b) notify Developer that it will not remedy the objections.
If Developer does not notify City in writing as to any title or survey objections, then Developer will be
deemed to have accepted the condition of title as set forth in the Title Commitment. If City is unwilling or
unable to remedy the title or obtain title insurance over such defects within the time period specified, then
notwithstanding anything contained herein to the contrary, Developer may, at its option, upon written notice
to City, either (i) terminate this Agreement and neither City nor Developer shall have any further obligation
to the other pursuant to this Agreement, except as otherwise provided herein, or (ii) waive such objection,
in which case such objection shall become a Permitted Exception, and thereafter proceed to the Closing
according to the terms of this Agreement. Any matter disclosed on the Title Commitment that is waived or
not objected to by Developer shall be deemed a “Permitted Exception.”
7. Property Taxes and Assessments. City shall be responsible for the payment of all real
estate taxes and assessments that become due and payable prior to Closing, without proration. Developer
shall be responsible for the payment of all real estate taxes and assessments that become due and payable
after Closing, without proration.
8. Survey. Developer at its own expense may obtain a survey of any or all of the Project
Property, and Buyer or its surveyor or other agents may enter any of the Project Property for that purpose
prior to Closing. If no survey is obtained, Developer agrees that Developer is relying solely upon
Developer's own judgment as to the location, boundaries, and area of the Project Property and
improvements thereon without regard to any representations that may have been made by City or any other
person. In the event that a survey by a registered land surveyor made prior to Closing discloses an
encroachment or substantial variation from the presumed land boundaries or area, City shall have the option
of affecting a remedy within seven (7) days after disclosure, or terminate this Agreement. Developer may
elect to purchase the Project Property subject to said encroachment or variation.
9. Inspection Period. At Developer’s sole option and expense, Developer and Developer’s
agents may conduct inspections of each of the Project Property within thirty (30) days after the Effective
Date (“Inspection Period”). Developer’s inspection under this Paragraph may include, by way of example
but not limitation, inspections of any existing improvements to each Parcel, other systems servicing the
Parcel, zoning, and the suitability for Developer’s intended purposes for each Parcel. If Developer, in
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Developer’s reasonable discretion, is not satisfied with the results of the inspections for any reason,
Developer shall notify City in writing of Developer’s prior to expiration of the 30-day Inspection Period. If
Developer so notifies City, this Agreement shall be terminated and have no further force and effect. If no
written objection is made by Developer within the stated period, this inspection contingency shall be
deemed to be waived by Developer and the parties shall proceed to Closing in accordance with the terms
of this Agreement.
10. Condition of Project Property. City and Developer acknowledge and agree that the Parcel
in the Project Property is being sold and delivered “AS IS”, “WHERE IS” in its present condition. Except
as specifically set forth in this Agreement or any written disclosure statements, City has not made, does not
make, and specifically disclaims any and all representations, warranties, or covenants of any kind or
character whatsoever, whether implied or express, oral or written, as to or with respect to (i) the value,
nature, quality, or condition of any of the Project Property, including without limitation, soil conditions,
and any environmental conditions; (ii) the suitability of the Project Property for any or all of Developer’s
activities and uses; (iii) the compliance of or by the Project Property with any laws, codes, or ordinances;
(iv) the habitability, marketability, profitability, or fitness for a particular purpose of the Project Property;
(v) existence in, on, under, or over the Project Property of any hazardous substances; or (vi) any other matter
with respect to the Project Property. Developer acknowledges and agrees that Developer has or will have
the opportunity to perform inspections of the Project Property pursuant to this Agreement and that
Developer is relying solely on Developer’s own investigation of the Project Property and not on any
information provided to or to be provided by City (except as specifically provided in this Agreement). If
the transaction contemplated herein closes, Developer agrees to accept the respective Project Property
acquired by Developer and waive all objections or claims against City arising from or related to such Project
Property and any improvements thereon except for a breach of any representations or warranties or
covenants specifically set forth in this Agreement. In the event this transaction closes, then subject to City’s
express representations, warranties, and covenants in this Agreement, Developer acknowledges and agrees
that it has determined that the respective Project Property it has acquired and all improvements thereon are
in a condition satisfactory to Developer based on Developer’s own inspections and due diligence, and
Developer has accepted such Project Property in their present condition and subject to ordinary wear and
tear up to the date of Closing. The terms of this Paragraph shall survive the Closing and/or the delivery of
the deed.
11. Developer’s Representations and Warranties of Developer. Developer represents,
covenants, and warrants the following to be true:
a. Authority. Developer has the power and authority to enter into and perform
Developer’s obligations under this Agreement.
b. Litigation. No judgment is outstanding against Developer and no litigation, action,
suit, judgment, proceeding, or investigation is pending or outstanding before any forum, court, or
governmental body, department or agency or, to the knowledge of Developer, threatened, that has
the stated purpose or the probable effect of enjoining or preventing the Closing.
c. Bankruptcy. No insolvency proceeding, including, without limitation, bankruptcy,
receivership, reorganization, composition, or arrangement with creditors, voluntary or involuntary,
affecting Developer or any of Developer's assets or property, is now or on the Closing Date will be
pending or, to the knowledge of Developer, threatened.
12. Conditions Precedent. This Agreement and all of the obligations of Developer under this
Agreement are, at Developer’s option, subject to the fulfillment, before or at the time of the Closing, of
each of the following conditions:
Page 107 of 231
a. Performance. The obligations, agreements, documents, and conditions required to
be signed and performed by City shall have been performed and complied with before or at the date
of the Closing.
b. City Commission Approval. This Agreement is approved by the Muskegon City
Commission.
13. Default.
a. By Developer. In the event Developer fails to comply with any or all of the
obligations, covenants, warranties, or agreements under this Agreement and such default is not
cured within ten (10) days after receipt of notice (other than Developer’s failure to tender the
purchase price in full at Closing, a default for which no notice is required), then City may terminate
this Agreement.
b. By City. In the event City fails to comply with any or all of the obligations,
covenants, warranties or agreements under this Agreement, and such default is not cured within ten
(10) days after receipt of notice, then Developer may either terminate this Agreement or Developer
may pursue its legal and/or equitable remedies against City including, without limitation, specific
performance.
14. Closing.
a. Date of Closing. The closing date of this sale shall be as mutually agreed by the
parties, but in no event later than 60 days from the City Commission’s approval of the sale
(“Closing”), unless this Agreement is terminated in accordance with its provisions. The Closing
shall be conducted at such time and location as the parties mutually agree.
b. Costs. The costs associated with this Agreement and the Closing shall be paid as
follows: (i) Developer shall pay any state and county transfer taxes in the amount required by law;
(ii) City shall pay the premium for the owner’s Title Policy, provided that Developer shall pay for
any and all endorsements to the Title Policy that Developer desires; (iii) City shall be responsible
to pay for the recording of any instrument that must be recorded to clear title to the extent required
by this Agreement; (iv) Developer shall pay for the cost of recording the deed; and (v) Developer
and City shall each pay one-half of any closing fees charged by the Title Company.
c. Deliveries. At Closing, City shall deliver a quit claim deed for the Project Property
and Developer shall pay the purchase price. The quit claim deed to be delivered by City at closing
shall include the City Right of Reversion described in Paragraph 4 above. The parties shall execute
and deliver such other documents reasonably required to effectuate the transaction contemplated
by this Agreement.
15. Real Estate Commission. Developer and City shall each be responsible for any fees for
any real estate agents, brokers, or salespersons regarding this sale that it has hired, but shall have no
obligation as to any fees for any real estate agents, brokers, or salespersons regarding this sale that the other
party has hired.
16. Notices. All notices, approvals, consents and other communications required under this
Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii) when sent by
fax or email: (iii) when sent by a nationally-recognized receipted overnight delivery service with delivery
Page 108 of 231
fees prepaid; or (iv) when sent by United States first-class, registered, or certified mail, postage prepaid.
The notice shall be effective immediately upon personal delivery or upon transmission of the fax or email;
one day after depositing with a nationally recognized overnight delivery service; and five (5) days after
sending by first class, registered, or certified mail.
Notices shall be sent to the parties as follows:
To City: City of Muskegon
Attn.: Samantha Pulos, Code Coordinator
933 Terrace Street
Muskegon, MI 49440
w/ copy to: Parmenter Law
Attn.: John C. Schrier
601 Terrace Street, Suite 200
Muskegon, MI 49440
Email: john@parmenterlaw.com
To Developer: Caleb Schuyten
6751 14 Mile Road
Rockford, MI
49341
Email: schuytenbuildingandroofing@gmail.com
17. Miscellaneous.
a. Governing Law. This Agreement will be governed by and interpreted in
accordance with the laws of the state of Michigan.
b. Entire Agreement. This Agreement constitutes the entire agreement of the parties
and supersedes any other agreements, written or oral, that may have been made by and between the
parties with respect to the subject matter of this Agreement. All contemporaneous or prior
negotiations and representations have been merged into this Agreement.
c. Amendment. This Agreement shall not be modified or amended except in a
subsequent writing signed by all parties.
d. Binding Effect. This Agreement shall be binding upon and enforceable by the
parties and their respective legal representatives, permitted successors, and assigns.
e. Counterparts. This Agreement may be executed in counterparts, and each set of
duly delivered identical counterparts which includes all signatories, shall be deemed to be one
original document.
f. Full Execution. This Agreement requires the signature of all parties. Until fully
executed, on a single copy or in counterparts, this Agreement is of no binding force or effect and if
not fully executed, this Agreement is void.
g. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of any other provision of this Agreement.
Page 109 of 231
h. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions of this Agreement shall not in any way be impaired or
affected.
i. No Reliance. Each party acknowledges that it has had full opportunity to consult
with legal and financial advisors as it has been deemed necessary or advisable in connection with
its decision to knowingly enter into this Agreement. Neither party has executed this Agreement in
reliance on any representations, warranties, or statements made by the other party other than those
expressly set forth in this Agreement.
j. Assignment or Delegation. Except as otherwise specifically set forth in this
Agreement, neither party shall assign all or any portion of its rights and obligations contained in
this Agreement without the express or prior written approval of the other party, in which approval
may be withheld in the other party's sole discretion.
k. Venue and Jurisdiction. The parties agree that for purposes of any dispute in
connection with this Agreement, the Muskegon County Circuit Court shall have exclusive personal
and subject matter jurisdiction and that Muskegon County is the exclusive venue.
This Agreement is executed effective as of the Effective Date set forth above.
CITY: DEVELOPER:
CITY OF MUSKEGON CALEB SCHUYTEN
By: _______________________________ By: _______________________________
Name: Ken Johnson Name: Caleb Schuyten
Title: Mayor Dated: __________________
Dated: __________________
By: _______________________________
Name: Ann Marie Meisch
Title: City Clerk
Dated: __________________
Page 110 of 231
Exhibit A
The following described premises located in the City of Muskegon, County of Muskegon, State of
Michigan, and legally described as follows:
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 3 BLK 78
Address: 441 E ISABELLA AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-078-0003-00
Price: $3,000.00
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: Harbour Towne Marina Reciprocal License
Agreement
Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office
Brief Summary:
Harbour Towne Marina replaced its on-site fuel tanks for its gas dock operations. Their lines cross a
section of city-owned property behind the marina fence line. This license agreement allows Harbour
Towne Marina to use that section of property, and the city receives a license to use property outside
the fence line.
Detailed Summary & Background:
Early in 2025, Harbour Towne Marina approached the city when it discovered that the existing fence
line erected in the 1980s did not follow the property line, specifically in the southeast section of their
operations (see inset map for reference). The discrepancy was discovered when Harbour Towne
Marine replaced its fuel tanks on its property. The new tanks are above-ground tanks that are up to
current standards and have been permitted by EGLE (the old tanks were buried). The fuel lines from
the new tanks to the fuel docks cross a section of city property.
Harbor Towne Marina suggested that the city and Harbor Towne Marina enter into a licensing
agreement (30-year term). The city would license the part of its property behind the fence to Harbor
Towne Marina (about 3,000 square feet), and the marina would license a part of its property outside
the fence line to the city (a section at the end of the cul-de-sac that's currently used by the public -
about 3,500 square feet). The fence line would not move.
This option is acceptable to legal counsel as it does not convey the property to either party (this is a
charter park). Additionally, Harbor Towne Marina will list the city as an additional insured on its
insurance policy related to the fuel tanks.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Improved access to waterways
Amount Requested: Budgeted Item:
n/a Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Page 112 of 231
n/a Yes No X N/A
Recommended Motion:
To approve the Reciprocal License Agreement between Harbour Towne Marina and the City of
Muskegon and authorize the clerk and mayor to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review X
Page 113 of 231
The orange line is the existing fence line, and the aqua-blue line is the property line.
Page 114 of 231
RECIPROCAL LICENSE AGREEMENT
THIS RECIPROCAL LICENSE AGREEMENT ("License") is dated as of March ___, 2025 by
and between the City of Muskegon, a Michigan municipal corporation of 933 Terrace Street,
Muskegon, Michigan 49440 (“City”) and Harbor Towne Marina Association, a Michigan non-
profit corporation of 3429 Fulton Ave Muskegon, MI 49441 (“Association”).
RECITALS
A. City is the owner of certain real property located in the City of Muskegon, County
of Muskegon, State of Michigan, as described in Exhibit "A" attached hereto and incorporated
herein by this reference ("Parcel 1").
B. Association is the association of co-owners of Harbour Towne Marina
Condominium, a condominium established by Master Deed recorded May 31, 1984 in Liber 1286.
Pages 423-479, Muskegon County records and designated as Muskegon County Condominium
Subdivision Plan No. 11, as amended, and it administers the real property located in the City of
Muskegon County of Muskegon, State of Michigan, as described in Exhibit "B" attached hereto
and incorporated herein by this reference ("Parcel 2") on behalf of all co-owners of the
condominium.
C. The parties, in exchange for the mutual licenses herein granted, desire to create
reciprocal Licenses for ingress and egress, and related purposes, upon and across specific areas of
Parcel 1 and Parcel 2 and provide for the maintenance of those areas.
LICENSE
1. City License. The City hereby grants and conveys a license to the Association
over, under and across Parcel 1 for ingress and egress, and the installation, use, maintenance and
replacement of two above ground petroleum storage tanks, fencing, and related underground
pipes and electrical lines which service the Harbour Towne Marina gas dock.
2. Association License. The Association hereby grants and conveys a license to the
City for ingress and egress over and across Parcel 2.
3. Barriers. No party shall unreasonably prevent, hinder or interfere in any way with
the use of the licensed areas of the other, for other than for temporary periods of time for the
repair, restoration, reconstruction of roadway surfaces or utilities.
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Reciprocal License Agreement For Ingress and Egress
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4. Maintenance and Expenses. The parties covenant and agree to maintain their
respective licensed areas in good, safe, and sanitary condition and repair, and to pay all expenses
incurred in connection therewith.
5. Association Compliance with Law and Indemnification. The Association
covenants and agrees to comply with all laws, rules, regulations and requirements of all public
authorities with respect to its licensee area, and to indemnify, defend and hold the City harmless
against all claims, demands, loss, damage, liabilities and expenses and all suits, actions and
judgments (including but not limited to costs and attorney's fees) arising out of or in any way
related to the Association’s failure to maintain or operate Parcel 1 in the manner required by this
Agreement. Without limiting the generality of the foregoing, the Association shall not bring to
or store at Parcel 1 any Hazardous Substances in violation of applicable Environmental Laws.
Association shall indemnify, defend, protect, and hold City free and harmless from and against
any and all claims, liabilities, losses, damages, actions or causes of actions, costs and expenses
(including reasonable attorneys’ fees) to the extent arising from or in connection with any
Hazardous Substances brought to or stored at the Premises by Association, its employees, agents,
or contractors. The term “Hazardous Substances” as used in this Lease, shall mean pollutants,
contaminants, toxic or hazardous wastes, or any other substances (specifically including asbestos
and lead-based paint), the removal of which is required or the use or storage of which is restricted,
prohibited, regulated or penalized by any Environmental Law. As used herein, the term
“Environmental Law” means any current or future Law pertaining to: (a) the protection of health,
safety and the indoor or outdoor environment; (b) the conservation, management, or use of natural
resources or wildlife; (c) the protection or use of surface water and groundwater; (d) the
management, manufacture, possession, presence, use, generation, transportation, treatment,
storage, disposal, release, threatened release, abatement, removal, remediation or handling of, or
exposure to any Hazardous Substance; or (e) pollution (including any release to air, land, surface
water and groundwater), and includes, without limitation, the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments
and Reauthorization Act of 1986, 42 U.S.C. 9601 et seq., Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act of 1976 and Hazardous and Solid Waste
Amendments of 1984, 42 U.S.C. 6901 et seq., Federal Water Pollution Control Act, as amended
by the Clean Water Act of 1977, 33 U.S.C. 1251 et seq., Clean Air Act of 1966, as amended, 42
U.S.C. 7401 et seq., Toxic Substances Control Act of 1976, 15 U.S.C. 2601, et seq., Hazardous
Materials Transportation Act, 49 U.S.C. 1801 et seq., Occupational Safety and Health Act of 1970,
as amended 29 U.S.C. 651 et seq., Oil Pollution Act of 1990, 33 U.S.C. 2701 et seq., Emergency
Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11001 et seq., National
Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., Safe Drinking Water Act of 1974, as
amended, 42 U.S.C. 300(f) et seq., any similar, implementing or successor law, and any
amendment, rule, regulation, order or directive issued thereunder. Association shall promptly
deliver to City copies of all notices received by Association from any Governmental Authority
concerning Hazardous Substances or a violation of an Environmental Law involving Parcel 1. The
Association shall procure and maintain general liability and property damage insurance affording
coverage for all insurable obligations undertaken by the Association under this paragraph. Each
policy of general liability insurance maintained as herein required shall be primary and non-
contributory. Said policy shall provide coverage of at least One Million Dollars ($1,000,000.00)
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Reciprocal License Agreement For Ingress and Egress
Page 116 of 231
per occurrence. Each policy shall provide that it cannot be canceled without at least thirty (30)
days prior written notice to the City and shall be issued by financially sound and reputable
insurance companies authorized to do business in the State of Michigan. Certificates evidencing
the existence of such insurance, including the 30-day notice of cancellation set forth above, naming
the City as an additional insured on the other party’s policy shall be provided by the Association
to the City from time to time upon request.
6. Term. The term of this Reciprocal License Agreement will begin on March 15,
2025, and shall continue until March 31, 2055, unless extended as provided herein. Thereafter,
this agreement shall continue to renew on a year to year basis, unless terminated by at least one
hundred eighty (180) days advance written notice of the intention to terminate given by either
Tenant or Landlord. All rights which accrue to either party during the term of this license shall
survive the termination of the license.
7. Enforcement; Attorneys Fees. The parties hereto are entitled to all remedies
authorized by law to enforce the provisions of this Agreement, including, but not limited to,
specific performance. In the event that a party brings an action to enforce its rights hereunder, the
prevailing party in such action shall be entitled to receive all costs and reasonable attorney's fees
in addition to any damages to which it is due by reason of such action from the party from which
enforcement is sought.
8. Notices. All notices or other communications hereunder shall be sufficiently given
and shall be deemed given when dispatched by regular, registered or certified mail, postage
prepaid, or by hand delivery, addressed or delivered as follows:
If to the City:
City of Muskegon
933 Terrace St.
Muskegon, MI 49440
Attn: City Manager
If to Association:
Harbour Towne Marina Association
3429 Fulton Ave
Muskegon, MI 49441
The parties hereto may, by notice given hereunder, designate any further or different
address to which subsequent notices or other communications may be sent.
9. Limitation of Rights. This Agreement is for the sole and exclusive benefit of the
Parties hereto and nothing expressed in or to be implied from this Agreement is intended to give
any person other than the Parties hereto any legal or equitable right, remedy or claim under or in
respect to this Agreement. The public may use the areas licensed to the City if allowed by the
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Reciprocal License Agreement For Ingress and Egress
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City. The employees and agents of the Association may use the areas licensed to the Association.
10. Exemption. This conveyance is exempt from the provisions of the County
Transfer Tax in accordance with MCLA 207.505(a). This conveyance is exempt from the
provisions of the State Transfer Tax in accordance with MCLA 207.526(a).
IN WITNESS WHEREOF, the undersigned have executed this License as of the dates
set forth below in their respective acknowledgements.
[SIGNATURE PAGES FOLLOW]
CITY OF MUSKEGON:
CITY OF MUSKEGON
By: ___________________________
Ken Johnson, Mayor
And By:________________________
Anne Marie Meisch, Clerk
STATE OF MICHIGAN )
) SS
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me this ______ day of __________, 2025 by
Ken Johnson, Mayor, and Anne Marie Meisch, Clerk, of the City of Muskegon, a Michigan
municipality, on behalf of the municipality.
___________________________________
_______________________, Notary Public
____________________ County, Michigan
Acting in Muskegon County, Michigan
My Commission Expires: ____________
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Reciprocal License Agreement For Ingress and Egress
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ASSOCIATION:
HARBOUR TOWNE MARINA ASSOCIATION,
a Michigan non-profit corporation
By: _____________________________
Dale Parlin
Its: President
And By:__________________________
Larry Crossman
Its: Secretary
STATE OF MICHIGAN )
) SS
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me this ______ day of __________, 2025 by
Dale Parlin, President, and Larry Crossman, Secretary, of Harbour Towne Marina Association, a
Michigan non-profit corporation, on behalf of the corporation.
___________________________________
Notary Public, ______________ County, Michigan
Acting in Muskegon County, Michigan
My Commission Expires: ____________
Prepared by:
David W. Charron
Charron Law
5500 Northland Drive, NE
Suite H
Grand Rapids, MI 49525
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Reciprocal License Agreement For Ingress and Egress
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Exhibit A
Description of Parcel 1
DESCRIPTION FOR THE CITY OF MUSKEGON
OF
HARBOUR TOWNE BEACH ON MUSKEGON LAKE
May 8, 2000 No. 006024.1
That part of Block 742 of the Revised Plat of 1903 of the City of Muskegon, Muskegon, County,
Michigan, described as follows: Commencing at the most Northeasterly corner of Harbor Towne
Marina Condominium as recorded in Liber 1286, Pages 423-479 for POINT OF BEGINNING;
thence North 01°52’29” East along the East line of said Harbour Towne Marina Condominium
extended 10.72 Feet to the Westerly Right-of-Way line of Fulton Street; thence South 33°33’20”
East along said Westerly Right-of-Way line 68.18 Feet; thence along a Curve to the left
Southerly, Easterly and Northerly around a Turnaround having a radius of 65.50 Feet and an arc
distance of 308.16 Feet and whose Central Angle is 269°33’41” and Long Chord bears South
78°46’27” East 92.98 Feet; thence South 33°33’20” East 56.34 Feet; thence South 18°00’00”
West 259.94 Feet; thence South 72°00’00” East 66.00 Feet; thence South 18°00’00” West 66.00
Feet; thence North 72°00’00” West 66.00 Feet; thence South 18°00’00” West 50.17 Feet to
Harbour Towne Marina Condominium line; thence North 89°37’27” East along Harbour Towne
Marina Condominium line 317.30 Feet; thence North 42°55’40” East along Harbour Towne
Marina Condominium line 150 Feet more or less to the shore of Muskegon Lake to a Point
hereinafter referred to as “Point A’; thence RECOMMENCE AT THE ABOVE DESCRIBED
POINT OF BEGINNING; thence North 88°07’31” West along the North line of said Harbour
Towne Marina Condominium extended 757.98 Feet; thence North 29°37’10” West 45.57 Feet to
the Southeasterly line of Fulton Street; thence North 55°18’50” East along said Southeasterly
line 104.49 Feet; thence North 43°51’33” East along said Southeasterly line 88.79 Feet; thence
South 27°14’03” East (Deeded as South 26°36’ East) 63.44 Feet; thence North 62°44’24” East
210.56 Feet; thence North 81°51’39” East (Deeded as North 82°18’ East) 369.76 Feet; thence
North 21°49’39” East 100 Feet more or less to the shore of Muskegon Lake; thence
Southeasterly along the shore of Muskegon Lake 840 Feet mor or less to the above mentioned
“Point A”.
Containing 6.872 Acres
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Reciprocal License Agreement For Ingress and Egress
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Exhibit B
Description of Parcel 2
The fee areas which are dedicated to the Condominium Project established hereby are legally
described below:
Beginning at the Northwest corner of Plat of Edgewater Subdivision, City of Muskegon, Muskegon
County, Michigan, recorded in Liber 3, Page 82 of Plats, MCR, also known as the Northeast corner
of Block 740 of the Revised Plat of the City of Muskegon.
Thence South 89 degrees 37 minutes 27 seconds West, parallel with North line of said Plat of
Edgewater, 105.00 feet;
Thence South 01 degree 52 minutes 29 seconds West, parallel with the West line of said Plat of
Edgewater (also being the East line of Block 740, revised Plat of the City of Muskegon, 130.00 feet;
Thence North 88 degrees 07 minutes 31 seconds West, 574.00 feet;
Thence North 57 degrees 52 minutes 07 seconds West, 191.39 feet;
Thence South 89 degrees 37 minutes 21 seconds West, parallel with North line of said Plat of
Edgewater, 210.00 feet;
Thence North 00 degrees 22 minutes 33 seconds West 215.00 feet;
Thence North 30 degrees 04 minutes 06 seconds West, along extended East line of said Block 747,
55.00 feet;
Thence North 53 degrees 52 minutes 59 seconds East, along the extended South line of Block 746,
Revised Plat of the City of Muskegon, 97.15 feet, to the Southwest corner of Lot l said Block 746;
Thence North 29 degrees 46 minutes 05 seconds West, along West line of said Lot 1, Block 746,
126.46 feet, to the Northwest corner of said Lot 1 Block 746;
Thence North 60 degrees 22 minutes 50 seconds East along the Northline of said Block 746,
241.42 feet to the Northeast corner of said Block 746;
Thence South 30 degrees 04 minutes 54 seconds East, along East line of said Block 746, 0.50 feet;
Thence North 60 degrees 22 minutes 50 seconds East, parallel with the North line of Block 746,
158.86 feet, the following calls lying within Block 742 and 743 of the Revised Plat of the City of
Muskegon.
Thence South 01 degree 52 minutes 29 seconds West, parallel with the West line of Plat of
Edgewater, 162.88 feet;
Thence South 88 degrees 07 minutes 31 seconds East, 280.00 feet;
Thence North 01 degree 52 minutes 29 seconds East, parallel with the West line of Plat of
Edgewater, 60.00 feet;
Thence South 88 degrees 07 minutes 31 seconds East 42.00 feet;
Thence North 01 degree 52 minutes.29 seconds East parallel with the West line of Plat of
Edgewater, 158.50 feet;
Thence South 88 degrees 07 minutes 31 seconds East, 614.00 feet;
Thence South 01 degree 52 minutes 29 seconds West, parallel with the West line of Plat of
Edgewater Subdivision, 469.50 feet;
Thence North 89 degrees 37 minutes 27 seconds East, parallel with the North line of Plat of
Edgewater Subdivision 317. 30 feet;
Thence North 42 degrees 55 minutes 40 seconds East 72.44 feet to Point "A";
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Reciprocal License Agreement For Ingress and Egress
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Thence North 42 degrees 55 minutes 40 seconds East 80.00 feet, more or less, to the shoreline of
Muskegon Lake;
Recommencing at Point "A", thence South 47 degrees 04 minutes 20 seconds East on a
meanderline along shore of Muskegon Lake 140.00 feet to Point “B”;
Thence North 42 degrees 55 minutes 40 seconds East 60 feet, more or less, to shoreline of
Muskegon Lake;
Recommencing at Point "B", thence South 42 degrees 55 minutes 40 seconds West 174.10 feet;
Thence South 89 degrees 37 minutes 27 seconds West, along North line of said Plat of Edgewater
Subdivision, also being the South line of Block 742, Revised Plat of the City of Muskegon, 552.46
feet, to the Point of Beginning.
Said parcel contains 20.12 acres and is subject to Riparian Rights. Bearings based from Transverse
Mercator Projection Central Zone.
Said description being part of Block 742, Block 743, Block 740, Revised Plat of the City of
Muskegon, and also including Lot 1, Block 746, Revised Plat of City of Muskegon.
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Reciprocal License Agreement For Ingress and Egress
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: Pere Marquette Restroom Building -
Consumers Energy Easement
Submitted by: Todd Myers, Deputy Director of Department: Public Works
Public Works
Brief Summary:
Staff requests authorization to sign the attached easement document providing Consumers Energy
an easement to extend power facilities to serve the new restroom building at Pere Marquette Beach.
Detailed Summary & Background:
Consumers Energy needs to extend their power from the existing power pole located at the
intersection of Beach St. & Wilcox Ave. to the restroom building being constructed just north of the
Kite Shop. They will use horizontal directional drilling (HDD) technology to install a conduit from the
pole to the building, and run the power cable(s) underground. The cost for Consumers to complete
the work is $34,583.30 which is available in the project budget, and the easement language is in the
standard Consumers Energy format.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Enhanced Parks and Recreation Department and Services & Public restrooms that remain open
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Parks and Recreation Department and
Services
Amount Requested: Budgeted Item:
$34,583.30 Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N.A. Yes No N/A X
Recommended Motion:
Move to authorize staff to sign the attached easement document providing Consumers Energy an
easement to extend power facilities to serve the new restroom building at Pere Marquette Beach.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Page 123 of 231
Information
Technology
Other Division Heads
Communication
Legal Review
Page 124 of 231
EASEMENT FOR ELECTRIC FACILITIES
SAP# 1072222783
Design# 11699261
Agreement# MI00000081990
CITY OF MUSKEGON, a Michigan municipal corporation, whose address is 933 Terrace Street, Muskegon, Michigan 49443
(hereinafter “Owner”)
for $1.00 and other good and valuable consideration [exempt from real estate transfer tax pursuant to MCLA 207.505(f) and
from State real estate transfer tax pursuant to MCLA 207.526(f)] grants and warrants to
CONSUMERS ENERGY COMPANY, a Michigan corporation, One Energy Plaza, Jackson, Michigan 49201 (hereinafter “Consumers”)
a permanent easement to enter Owner’s land (hereinafter “Owner’s Land”) located in the City of Muskegon, County of Muskegon,
and State of Michigan as more particularly described in the attached Exhibit A to construct, operate, maintain, inspect (including
aerial patrol), survey, replace, reconstruct, improve, remove, relocate, change the size of, enlarge, and protect a line or lines of
electric facilities in, on, over, under, across, and through a portion of Owner's Land (hereinafter “Easement Area”) as more fully
described in the attached Exhibit B, together with any pole structures, poles, or any combination of same, wires, cables, conduits,
crossarms, braces, guys, anchors, transformers, electric control circuits and devices, location markers and signs, communication
systems, utility lines, protective apparatus and all other equipment, appurtenances, associated fixtures, and facilities, whether
above or below grade, useful or incidental to or for the operation or protection thereof, and to conduct such other activities as
may be convenient in connection therewith as determined by Consumers for the purpose of transmitting and distributing
electricity. Consumers may attach additional lines outside the Easement Area, running laterally from a line within the Easement
Area to the South and East edges of Owner’s Land, in which event the Easement Area shall include a 12.00-foot-wide strip of land,
being 6.00 feet on each side of each such lateral line.
Additional Work Space: In addition to the Easement rights granted herein, Owner further grants to Consumers, during initial
construction and installation only, the right to temporarily use such additional work space reasonably required to construct said
lines. Said temporary work space shall abut the Easement Area, on either side, as required by construction.
Access: Consumers shall have the right to unimpaired access to said line or lines, and the right of ingress and egress on, over,
and through Owner’s Land for any and all purposes necessary, convenient, or incidental to the exercise by Consumers of the rights
granted hereunder.
Trees and Other Vegetation: Owner shall not plant any trees within the Easement Area. Consumers shall have the right from time
to time hereafter to enter Owner’s Land to trim, cut down, and otherwise remove and control any trees, brush, roots, and other
vegetation within the Easement Area. Consumers shall have the right from time to time hereafter to enter Owner’s Land to trim,
cut down, and otherwise remove and control any trees, brush, or other vegetation located outside of the Easement Area which
are of such a height or are of such a species whose mature height that in falling directly to the ground could come into contact
with or land directly above Consumers’ facilities.
Buildings/Structures: Owner agrees not to build, create, construct, or permit to be built, created, or constructed, any obstruction,
building, septic system, drain field, fuel tank, pond, swimming pool, lake, pit, well, foundation, engineering works, installation or
any other type of structure over, under, or on said Easement Area, whether temporary or permanent, natural or man-made, without
a prior written agreement executed by Consumers’ Real Estate Department expressly allowing the aforementioned.
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Ground Elevation: Owner shall not materially alter the ground elevation within the Easement Area without a prior written
agreement executed by Consumers Real Estate Department allowing said alteration.
Exercise of Easement: Consumers’ nonuse or limited use of this Easement shall not preclude Consumers’ later use of this
Easement to its full extent.
Ownership: Owner covenants with Consumers that they are the lawful fee simple owner of the aforesaid lands, and that they have
the right and authority to make this grant, and that they will forever warrant and defend the title thereto against all claims
whatsoever.
Successors: This Easement shall bind and benefit Owner’s and Consumers’ respective heirs, successors, lessees, licensees, and
assigns.
Counterparts: This Easement may be executed simultaneously in two or more counterparts, each of which shall be deemed an
original and all of which together shall constitute one and the same instrument. It is not necessary that all parties execute any
single counterpart if each party executes at least one counterpart.
Date: Owner: CITY OF MUSKEGON, a Michigan municipal corporation,
Signature
By:
Print Name
Its:
Print Title
Acknowledgment
The foregoing instrument was acknowledged before me in County, ,
on by _________________________________________________________________of
Date
City of Muskegon, a Michigan municipal corporation, on behalf of the corporation.
Notary Public
Print Name
County,
Acting in County
My Commission expires:
PROPERTY OWNERS MAIL REGISTER OF DEEDS OFFICE USE
SIGNED EASEMENT TO: ONLY
Brian Moore Prepared By: Return recorded instrument to:
Consumers Energy Company Mara Armstrong 11/21/24, EP7-464 Carrie J. Main, EP7-464
700 East Sternberg Road Consumers Energy Company Consumers Energy Company
Muskegon, Michigan 49441 One Energy Plaza One Energy Plaza
ROW Manager: Brandon McDowell Jackson, MI 49201 Jackson, MI 49201
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EXHIBIT A
Owner’s Land
Land situated in the City of Muskegon, County of Muskegon, State of Michigan:
A parcel of land in the Northeast 1/4 of Section 33, Township 10 North, Range 17 West described as: City of Muskegon revised
Plat of 1903 that part of Block 731 lying Westerly of Water Works Road and Westerly of Lake Michigan Park, Subdivision No. 1 as
Platted, also that part of Ash Street vacant lot Southerly of Lakeshore Drive and Westerly of Water Works Road subject to electric
easement Liber 4328, Page 989, Muskegon County Records.
Also known as: 1900 Beach Street, Muskegon, Michigan 49441
Parcel ID: 24-205-731-0001-00
And
A parcel of land in the Northeast 1/4 of the Northwest 1/4 of Section 33, the Southeast 1/4 of the Southwest 1/4 of Section 28,
the Southeast 1/4 of Section 29, Township 10 North, Range 17 West, described as the City of Muskegon revised Plat of 1903,
entire Block 734, entire Block 738 and entire Block 739 except the Northerly 408.83 feet of the Westerly 500.00 feet of Block
739 (exception is for US Coast Guard Station) also except that part of Block 739 described as project the North line of Indiana
Avenue, Southwesterly to Westerly line Westerly Beach Street oval to a point 50 feet North of the Northeasterly projected North
line of existing Pavilion building; thence Southwesterly and at a right angle to the Westerly line of the Westerly beach Street oval
105.00 feet and 50.00 feet Westerly of projected West line of existing pavilion building; thence Southeasterly and parallel to
Westerly line of Westerly Beach Street oval 180.00 feet; thence Northeasterly 105.00 feet to the Point of Beginning being a
rectangular parcel 105.00 feet by 180 feet (Second exception is Location of restaurant parcel on Pere Marquette Park) subject
to water system easements, Liber 4264, Page 395, Muskegon County Records.
Also known as: 1651 Beach Street, Muskegon, Michigan 49441
Parcel ID: 24-205-734-0001-00
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EXHIBIT B
Easement Area
A 12.00-foot-wide strip of land, being 6.00 feet on each side of the facilities of the line constructed on Owner's Land, the facilities
to be located approximately as shown in the attached drawing.
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: Social Media Use Policy and Guidelines
Submitted by: Deborah Sweet, Community Department: Community Engagement
Engagement Manager
Brief Summary:
Staff recommends the approval of the attached Social Media Use Policy and Guidelines.
Detailed Summary & Background:
To address the evolving landscape of online communication and ensure responsible, effective, and
consistent use of social media by the City of Muskegon, a comprehensive Social Media Use Policy
and Guidelines has been developed.
This Policy establishes protocols for social media use by City officials and employees, ensuring
communications are properly authorized, formatted, and legally compliant, particularly considering
rulings such as Lindke v. Freed, 601 U.S. 187 (2024).
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Enhanced internal and community communication & More integrated community
Goal/Action Item:
2027 Goal 3: Community Connection
Amount Requested: Budgeted Item:
$0 Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A x
Recommended Motion:
motion to approve the Social Media Use Policy and Guidelines as presented, authorizing its
immediate implementation.
Approvals: Guest(s) Invited / Presenting:
Page 129 of 231
Immediate Division x No
Head
Information x
Technology
Other Division Heads x
Communication x
Legal Review x
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SOCIAL MEDIA USE POLICY AND GUIDELINES
DATE: 03/10/2025
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PURPOSE/OVERVIEW
This document defines the social networking and social media policy for the City of Muskegon, the “City.” To address the fast-
changing landscape of the Internet and the way residents communicate and obtain information online, municipalities may consider
using social media tools to reach a broader audience.
The purpose of this Social Media Use Policy and Guidelines (the “Policy”) is to establish protocols for the use of social media by City
of Muskegon officials and employees. The objective is to ensure that communications made on behalf of the City are properly
authorized, appropriately formatted, and comply with legal standards, particularly in light of legal rulings such as Lindke v. Freed,
601 U.S. 187 (2024).
SCOPE
This Policy applies to all social media use by or on behalf of the City of Muskegon, including but not limited to staff, public officials,
committees, and departments. The Muskegon Police Department employees shall default to their approved policies regarding social
media.
Official Social Media accounts (as defined below) that are created and/or maintained by individuals, committees, or departments of
the City require prior approval from the City Manager and/or their designee and shall comply with this Policy.
Official City Business includes any activities related to policy development, delivery of public services, community engagement,
compliance and enforcement of laws and regulations, and administrative tasks.
PERSONAL VS. PROFESSIONAL GUIDELINES
PERSONAL USE
All City employees may have personal social media sites. These sites shall remain personal in nature and be used to share personal
opinions or non-work-related information. Following this principle helps ensure a distinction between sharing personal and City
views. City employees shall not use their City e-mail account or password in conjunction with a personal social media site.
The following guidance is for City employees who decide to have a personal social media account and who decide to comment on or
share posts about official City business:
1. Use a disclaimer such as: “This is the personal page of [official/employee]” or “the views expressed are strictly my own and
do not reflect or represent the views of my employer.”
2. Employees shall not use or disclose any information, photographs, video, or other recording obtained or accessible as a
result of employment or appointment with the City without the express authorization of the City Manager and/or their
authorized designee.
3. Employees may share or repost official City information, such as updates on leaf pickup, City events, public meetings,
emergency notices, and other relevant announcements, to help keep the community informed.
4. If a personal social media page is used for any official City related discussion, the entire personal social media page,
regardless of any personal views, is subject to the oversight and enforcement outlined in this Policy including local, state,
and federal laws, and may be subject to Michigan’s Freedom of Information Act (FOIA).
PROFESSIONAL USE
All official City-related communication through social media shall remain professional in nature and should always be conducted in
accordance with this Policy and the City’s Community Engagement Handbook. Official City social media pages shall not be used for
political purposes, to conduct private transactions, or to engage in private business activities. Inappropriate use of official City social
media can be grounds for disciplinary action. Only individuals authorized by the City may publish content to a City website or City
social media account.
Official City Individual Professional Page: A social media account managed by an individual in a City leadership role (e.g., City
Manager, Public Works Director), specifically for official communication related to their position and responsibilities within the City.
The professional page represents the individual’s role in a formal, City-affiliated capacity, and is distinct from their personal page.
Content shared on this page should be professional in nature, non-partisan, adhere to public records and confidentiality regulations,
and reflect City priorities and policies.
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Eligible Individual Professional Pages Include:
• Mayor
• City Manager
• Division Heads (Public Works, Public Safety, Finance & Administration, and Development Services)
o Division Heads are only authorized to speak on behalf of City functions that pertain to their division.
Official City-Controlled Page: An official social media account owned and managed by the City, representing the City as a whole, its
departments, or specific initiatives. City-controlled pages are used to provide public information, promote community events, and
communicate City services. All content must maintain neutrality, and comply with legal standards for public communication,
including accessibility, records retention, and privacy policies.
REGISTERED PAGES
All official City social media sites including Official City Individual Professional Pages shall be listed on one page on the City’s website.
The link to that webpage is: https://muskegon-mi.gov/social-media-accounts/
The Official City Individual Professional pages listed on this website or their authorized designee may utilize social media on behalf of
the City.
REGISTERING A NEW PAGE
All official City social media sites shall be (1) approved by the City Manager and/or designee, (2) published using approved social
networking platforms and tools, and (3) be administered by the approved staff member(s).
The City Manager and/or their designee, and the IT department, will be granted administrative access to all City social media pages,
including Official City Individual Professional pages.
DEREGISTERING AN EXISTING PAGE
If a social media page is no longer of use, (1) notify the City Manager and/or designee. (2) Ensure records have been archived
according to City guidelines. (3) Set a timeline for deactivating the account. (4) Develop a farewell message to post on the account
that includes when the account will be closed and where followers can go for information in the future. (5) Consult with the
Community Engagement Manager to determine whether to protect the account name by keeping it active to prevent use of the
City’s name for improper purposes. If a decision is made to protect the account name, take all necessary action to do so. (6)
Unpublish or delete the page. (7) Update the list of official social media accounts listed online on https://muskegon-mi.gov/social-
media-accounts/.
Considerations for Deregistering:
• Considerations for deciding whether to deregister a City social media account may include, but are not limited to:
• Merging an account into another City social media account.
• It is no longer needed to accomplish a department’s goals.
• It does not align with the City’s mission, vision, or values.
• It does not comply with these procedures.
• It is not currently being used or is being underutilized with no original posts for at least 60 days.
• It is not being monitored.
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OVERSIGHT AND ENFORCEMENT
Employees and elected officials representing the City through social media outlets or participating in social media features on City
websites shall maintain a high level of ethical conduct and professional decorum. Failure to do so is grounds for revoking the
privilege to participate in City social media sites or other social media features.
Information shall be presented following professional standards for good grammar, spelling, brevity, clarity and accuracy, and avoid
jargon, obscure terminology, or acronyms. Official social media sites shall be clear and precise and follow industry best practices for
posting updates. All content posted to City social media should be:
1. Relevant – Information that engages residents and pertains to their daily lives
2. Timely – Pertains to deadlines, upcoming events, or current news
3. Actionable – Prompts residents to take action
4. Informative – Posts should encourage residents to visit a specific City webpage for additional details, resources, or updates
related to the content shared.
Content and messages City employees and elected officials post on social media websites are public and must be cited as official
statements on behalf of the City. Social media shall not be used to circumvent other City communication policies, including news
media policy requirements. City employees or elected officials shall not publish information on any social media sites that include:
1. Confidential information
2. Copyright violations
3. Profanity, racist, sexist, or derogatory content or comments
4. Partisan political views
5. Commercial endorsements or SPAM
Time of Use: City social media accounts are not monitored 24/7, and as such, posts and responses should not be immediately
expected. Accounts are traditionally monitored during normal business hours, designated as Monday-Thursday from 7:30 a.m. to
5:30 p.m., excluding holidays.
COMMENT AND PRIVATE MESSAGE GUIDELINES
Official Social Media pages shall decide and be consistent with their commenting and private message guidelines. Whether
comments or private messages are allowed or not, the pages shall remain consistent.
If comments are turned off on one post, they shall always be turned off on all posts when possible. Acknowledging that the
“comment off function” is manual, and happens after the post is made, there is potential for a comment or two to be posted before
the comment function is turned off. If that happens and a few comments are made, continue to turn the comments off and
comment as the page to notify of the comment guidelines outlined in this policy. If the comment function is accidently not turned
off and many comments are made, leave the commenting feature on for that post.
Pages that allow comments may reply to comments or questions as long as it’s following archiving rules and this policy. It’s
encouraged that comments link back to information on an official City website. Refer to the “Moderation of Third-Party Content”
section for commenting removal guidelines.
SOCIAL MEDIA ACCOUNT AUDITS
Annual audits of account activity and the effectiveness of the content being posted will be performed by the Community
Engagement Manager in collaboration with the staff managing the page(s).
The Department Director, or their designee, should confirm that City social media content moderation is regularly occurring to
ensure that sites are active, that content is engaging, and that content posted in violation of this policy is handled appropriately.
For purposes of this policy, “active” refers to a page having been posted to at least once weekly; and “engaging” refers to views,
reach, and interaction with the posts.
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RETENTION
Social media sites are subject to local, state, and federal laws, including Michigan’s Freedom of Information Act (FOIA). Any content
produced or maintained on the City’s social media sites, including communication posted by the City and communication received
from citizens, is a public record.
The Information Technology Department shall preserve records under the relevant records retention schedule in a format that
preserves the integrity of the original record and is easily producible. Furthermore, the retention of social media records shall fulfill
the following requirements:
1. Social media records are captured in a continuous, automated fashion throughout the day to minimize the potential loss of
data due to deletion and/or changes on the social networking site.
2. Social media records are maintained in an authentic format (i.e. ideally the native technical format provided by the social
network, such as XML or JSON) along with complete metadata.
3. Social media records are archived in a system that preserves the context of communications, including conversation threads
and rich media, to ensure completeness and availability of relevant information when records are accessed.
4. Social media records are indexed based on specific criteria such as date, content type, and keywords to ensure that records
can be quickly located and produced in an appropriate format for distribution (e.g. PDF).
5. Each employee who administers one or more social networking sites on behalf of the City has self-service, read-only access
to search and produce relevant social media records to fulfill public information and legal discovery requests as needed.
The City utilizes an automated archiving solution provided to comply with applicable public records law and fulfill the above record
retention requirements. The City’s archive is available through the Information Technology Department.
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EXTERNAL POLICY
The following guidelines shall be displayed to users on all social media sites or made available on the City’s website and be linked on
social media pages.
Time of Use: City social media accounts are not monitored 24/7, and as such, posts and responses should not be immediately
expected. Accounts are traditionally monitored during normal business hours, designated as Monday-Thursday from 7:30 a.m. to
5:30 p.m., excluding holidays.
MODERATION OF THIRD-PARTY CONTENT
This City social media site serves as a limited public forum and all content published is subject to monitoring. The City’s social media
platforms are intended primarily for one-way communication of City information. Two-way communication should be discouraged
where possible.
Social media is not to be used for emergency communications with the City, such as reporting crimes or hazardous conditions. Such
reports shall be made through designated official channels such as 911.
Under no circumstance should users be blocked from City social media accounts. If suspicious activity is noted, staff should report it
directly to the social media platform.
User-generated posts (comments) will be rejected or removed (if possible) when the content:
1. Contains obscenity or material that appeals to the prurient interest
2. Contains personal identifying information or sensitive personal information
3. Is threatening, harassing, defamatory, fraudulent, or discriminatory
4. Incites or promotes violence or illegal activities
5. Contains information that reasonably could compromise individual or public safety
6. False or misleading commercial speech or spam
PUBLIC RECORDS LAW
City social media sites are subject to applicable public records laws. Any content maintained in a social media format related to City
business, including communication posted by the City and communication received from citizens, is a public record. The Department
maintaining the site is responsible for responding completely and accurately to any public records request for social media content.
Document edit notes
Action Person Date Change
New Deborah Sweet 3/10/25 New policy
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: Ordinance Amendment - International
Property Maintenance Code
Submitted by: Timothy Kozal, Public Safety Department: Public Safety
Director
Brief Summary:
Building codes are currently enforced by the 2015 International Property Maintenance Code and
need to be updated to follow the latest version, 2024.
Detailed Summary & Background:
City of Muskegon Building Inspections follow the International Property Maintenance Code (IPMC) to
enforce property maintenance. Ordinances are currently written to follow the 2015 code but need to
be updated to reflect the 2024 IPMC, which is the latest version. Adopting the 2024 IPMC ensures
consistent, minimum standards for property maintenance, promotes public health and safety and
provides clear expectations for property owners and occupants.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
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:
I move to adopt the 2024 International Property Maintenance Code for all city ordinances.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
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Other Division Heads
Communication
Legal Review
Page 138 of 231
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No.
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 10, Sections 10-401 through 415 are repealed and Chapter 10, Sections 10-501 through
10-503 are adopted of the Code of Ordinances of the City of Muskegon, Michigan as follows:
1. Chapter 10, Sections 10-401 through 10-415 of the Code of Ordinances of the City of
Muskegon, Michigan, are repealed.
2. Chapter 10, Section 10-501 is adopted to read as follows:
Section 10-501. The International Property Maintenance Code of 2024 and all future
amendments and revisions is adopted by reference and is incorporated in the ordinances
of the City. A copy shall be kept on file in the office of the Clerk of the City of
Muskegon. The International Property Maintenance Code be and is hereby adopted as
the Property Maintenance Code of the City of Muskegon, State of Michigan for
regulating and governing the conditions and maintenance of all property, buildings, and
shuctures; by providing the standards for supplied utilities and facilities and other
physical things and conditions essential to ensure that structures are safe, sanitary and fit
for occupation and use; and each and all of the regulations, provisions, penalties,
conditions and terms of said Property Maintenance Code on file in the office of the City
of Muskegon are hereby referred to, adopted, and made a part hereof, as fully set out in
this legislation, with the additions, insertions, deletions and changes prescribed in Section
10-502 of this ordinance.
3. Chapter 10, Section 10-502 is adopted to read as follows:
Section 10-502.The following sections of the International Property Maintenance Code
are amended, deleted or adopted as set forth as indicated.
a) Section 101.1 Title. Shall be amended and restated to read as follows:
101.1 Title. These regulations shall be known as the International Property
Maintenance Code of the City of Muskegon hereinafter referred to as "this code".
b) Section 104.1 Fees. Shall be amended and restated to read as follows:
104.1 Fees. The fees for activities and services performed by the department in
carrying out its responsibilities under this code shall be as adopted following
proper procedures and as amended from time to time by the City of Muskegon.
c) Section 109.3 Prosecution of Violation. Shall be amended and restated as follows
109.3 Prosecution of Violation. Any person failing to comply with a notice of
violation or order served in accordance with Section 107 shall be deemed
responsible of a civil infraction as determined by the local municipality, and the
violation shall be deemed a strict liability offense. If the notice of violation is not
1
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This ordinance adopted:
Ayes:
Nays: ____________________________
Adoption Date: ___________
Effective Date: -----------
First Reading: ___________
Second Reading: ___________
CITY OF MUSKEGON
By ______________
Ann Marie Meisch, MMC
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of
the
City Commission on the __ day of ______� 2025, at which meeting a quornm
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of M uskegon. I further certify that the meeting was conducted, and public
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.
DATED: _____, 2025
Ann Marie Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
7
Page 145 of 231
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ________, 2025, the City Commission of the City
of Muskegon repealed Sections 10-401 through 10-415 and adopted Sections 10-501 through 10-
503 to Chapter 10 "Buildings and Building Regulations," whereby the following changes were
made:
1. Chapter 10, Sections 10-401 through 10-415 are repealed.
2. Chapter 10, Section 10-501 is adopted to provide that the International Property
Maintenance Code of2024 is the property maintenance code for the City ofMuskegon.
3. Chapter 10, Section 502 is adopted to specify amendments to, deletions from and
additional adopted provisions to the International Property Maintenance Code of 2024.
4. Chapter 10, Section 10-503 is adopted to provide that the previous prope11y maintenance
code is superseded. The section also provides a savings clause for pending matters.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hal1, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten (10) days from the date ofthis publication.
CITY OF MUSKEGON
Published: _______, 2025 By:
Ann Marie Meisch, MMC, Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
8
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: Agreement with Lakeshore Creative
Services, LLC
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
Lakeshore Creative Services, LLC currently operates the City's PEG channel and live broadcast our
Commission Meetings and Planning Commission Meetings.
Detailed Summary & Background:
The agreement with Lakeshore Creative Services, LLC has expired and staff is requesting to renew it
for three years at $500 per meeting. Currently the City pays $450 per meeting that is filmed by the
production crew.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 GOAL 3: COMMUNITY CONNECTION - More connected and cohesive community
Amount Requested: Budgeted Item:
$500 per meeting Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Commission Budget and Planning Budget Yes No X N/A
Recommended Motion:
To approve the request to renew the agreement for Lakeshore Creative Services, LLC for three years
at an amount of $500 per meeting and approve the Mayor and Clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
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Communication
Legal Review X
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AGREEMENT BETWEEN THE CITY OF MUSKEGON
AND
LAKESHORE CREATIVE SERVICES, LLC
This agreement is made this 25th day of March, 2025, by and between City of
Muskegon, a Michigan municipal corporation (“City”) and Lakeshore Creative Service, LLC,
a domestic limited liability company (“Lakeshore”), who agree as follows:
RECITIAL
1. The City desires to have its City Commission meetings recorded and broadcasted on
its cable television, public educational, and governmental (“PEG”) access channels
provided pursuant to federal law.
2. In exchange for broadcasting City Commission meetings and Planning Commission
meetings, the City agrees to compensate Lakeshore and to encourage expansion of
Lakeshore’s responsibilities and access to City’s Government Access Channel to
broadcast programming consistent with PEG Channel purposes.
NOW THEREFORE, in consideration of the mutual promises and covenants set forth
herein, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES: Lakeshore shall provide the following services.
1.1 BROADCASTING LOCAL GOVERNMENT PROGRAMMING. Produce and
broadcast, regularly scheduled, City Commission meetings, excluding work sessions, and
meeting of other committees, boards and commissions that the City might require, and
other reasonable programs or issues that the City Commission may deem necessary.
1.2 OTHER ACTIVITIES. Undertake other PEG access programming activities and
services deemed appropriate by Lakeshore and consistent with the obligation to facilitate
and promote PEG access programming and provide non-discriminatory access pursuant
to an amendment(s) to this Agreement.
SECTION 2. COMPENSATION: City shall compensate Lakeshore as follows:
2.1 CITY COMMISSION AND PLANNING COMMISSION MEETINGS. Lakeshore
shall be paid $500 per City Commission meeting. Payment shall be made in the calendar
month following services provided.
2.2 EXTRA SERVICES. City Clerk and Lakeshore may agree to additional services
for a specified fee and insurance requirements. Such Agreement must be in writing and
signed by both parties to be effective.
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SECTION 3. COPYRIGHT:
3.1 OWNERSHIP: The City shall own the copyright of any programs that the City
requests Lakeshore to produce and Lakeshore agrees to assign all such rights to the City
and shall execute all documents reasonably requested to affect such assignment and
registration of copyrights assigned. Copyright of all other programs shall be held by the
person(s) who produced the program.
SECTION 4. NON-DISCRIMINATION IN : Lakeshore shall not discriminate in the
delivery of services or against any person, employee, or applicant for employment or
contract work on the basis of race, color, creed, religion, sex, sexual preference, marital
status, ancestry, national origin or physical or mental disability.
SECTION 5. INDEPENDENT CONTRACTOR: It is understood and agreed that
Lakeshore is an independent contractor and that no relationship of principal/agent or
employer/employee exists between the City and Lakeshore. If in the performance of this
Agreement and third persons are employed by Lakeshore, such persons shall be entirely
and exclusively under the control, direction and supervision of Lakeshore. All terms of
employment, including hours, wages, working conditions, discipline, hiring and
discharging, or any other term of employment, shall be determined by Lakeshore and the
City shall have no authority over such persons or terms of employment.
SECTION 6. ASSIGNMENT AND SUBLETTING: Neither this Agreement nor any
interest herein shall be assigned or transferred by Lakeshore, except as expressly
authorized in writing by the City.
SECTION 7. TERMS OF AGREEMENT: This Agreement shall be for a period of
three years commencing March 25, 2025 and ending March 31, 2028, unless terminated
earlier, as provided in this Agreement.
SECTION 8. TERMINATION OF AGREEMENT/TRANSFER OF ASSETS: Either
party shall have the right upon sixty (60) days written notice.
SECTION 9. TIME: This is of the essence in this Agreement and for the performance of
all covenants and conditions of this Agreement.
SECTION 10. COOPERATION: Each party agrees to execute all documents and do all
things necessary and appropriate to carry out the provisions of this Agreement.
SECTION 11. APPLICABLE LAW: This Agreement shall be interpreted and enforced
under the laws of the State of Michigan.
SECTION 12. NOTICES: All notices and other communication to be given by either
party may be given in writing, depositing the same in the United States mail, postage
prepaid and addressed to the appropriate party as follows:
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TO: CITY OF MUSKEGON
Attn: City Clerk
933 Terrace Street
Muskegon, MI 49440
TO: LAKESHORE CREATIVE SERVICES, LLC
Attn: Andy O’Riley
NEED TO COMPLETE ADDRESS
Any party may change its address by written notice to the other party at any time.
SECTION 13. ENTIRE AGREEMENT: This Agreement is the entire agreement of the
parties and supersedes all prior negotiations and agreements whether written or verbal.
This Agreement may be amended only by written agreement and no purported verbal
amendment to this agreement shall be valid.
CITY OF MUSKEGON
By__________________________
Ken Johnson, Its Mayor
By__________________________
Ann Marie Meisch, Its Clerk
LAKESHORE CREATIVE SERVICES, LLC
By___________________________
Andy O’Riley, Owner
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: Rezoning of 1201 and 1147 3rd St and 236
Monroe Ave
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff-initiated request to rezone the properties at 1201 and 1147 3rd St and 236 Monroe Ave from
Convenience & Comparison Business (B-2) to Form-Based Code, Mainstreet (FBC, MS).
Detailed Summary & Background:
The “Midtown” portion of 3rd was rezoned from B-2 to Form-Based Code, Mainstreet in 2015. During
the rezoning process a couple of property owners were hesitant to rezone because of current or
potential developments. The vacant lot at 1201 3rd St was being used as a used-car sales lot at the
time, but it has been vacant for close to 10 years. Its not exactly clear why the parking lot of 1147 3rd
St and 236 Monroe Ave were not rezoned at the time. However, both of the parcels are considered
non-buildable under the B-2 designation because they do not meet the minimum lot size of 10,890 sf
and 100 feet of width.
At the public hearing, the property owners adjacent to the property at 236 Monroe Ave disagreed
with the recommendation to rezone it to FBC, MS. Staff agreed with them and suggested that we
remove 236 Monroe Ave off of the request. Staff will bring forward another zoning amendment
request in the future to rezone the property to FBC, UR.
The Planning Commission unanimously recommended to approve the request to rezone 1201 and
1147 3rd St from B-2 to FBC, MS.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
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
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Recommended Motion:
I move to approve the rezoning of 1147 and 1201 3rd St from B-2 to Form Based Code, MS.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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PLANNING COMMISSION PACKET EXCERPT
Hearing, Case 2025-12: Staff-initiated request to rezone the properties at 1201 and 1147 3rd St and 236
Monroe Ave from Convenience & Comparison Business (B-2) to Form-Based Code, Mainstreet (FBC,
MS).
SUMMARY
The “Midtown” portion of 3rd was rezoned from B-2 to Form-Based Code, Mainstreet in 2015. During the
rezoning process a couple of property owners were hesitant to rezone because of current or potential
developments. The vacant lot at 1201 3rd St was being used as a used-car sales lot at the time, but it has
been vacant for close to 10 years. Its not exactly clear why the parking lot of 1147 3rd St and 236 Monroe
Ave were not rezoned at the time. However, both of the parcels are considered non-buildable under the
B-2 designation because they do not meet the minimum lot size of 10,890 sf and 100 feet of width.
Staff was able to discuss the initiative with the owner of 1201 3rd St but was not able to get ahold of anyone
at 1147 3rd St or 236 Monroe Ave, despite inviting them to a focus group. Notice was sent to all properties
within 300 feet of the properties to be rezoned. At the time of this writing, staff has not received any
comments from the public.
1201 3rd St
236 Monroe Ave and 1147 3rd St (parking lot behind commercial unit)
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Zoning Map
Aerial Map
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CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for 1147 and 1201 3rd St
from B-2 to Form Based Code, MS.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning from B-2 to FBC, MS.
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
(Rezoning of 1147 and 1201 3rd St to FBC, MS)
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 March, 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 157 of 231
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on March 25, 2025, the City Commission of the City of Muskegon adopted an ordinance
amending the zoning map to provide for the change of zoning for 1147 and 1201 3rd St to FBC, MS.
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
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 25, 2025 Title: Approval of Community Foundation Fund
Requests in Parks & Recreation
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
Staff requests authorization to receive grants and awards from the Community Foundation For
Muskegon County from certain Parks & Recreation-related funds for a total of $91,153.
Detailed Summary & Background:
The Community Foundation for Muskegon County has several funds set up to benefit City of
Muskegon Parks. Some of these state they need approval from the City Board of Directors, and while
others do not specifically need CC approval, this will serve as an informative update on the progress
of the funds. On March 19th, the Parks & Recreation Advisory Committee voted to approve these
funds to be formally requested for the purposes listed below:
• Darl & Kathleen Staley Charity Fund - $37,600 - Teen activities & Summer Rec staffing
• City of Muskegon Parks Fund - $4,659 - Mobi-Mat System at new South PM Restroom Facility
• Lakeshore Trails Improvement Fund - $13,106 - Trail Maintenance, deck replacement & treat
invasives
• Celebration Square Splashpad Fund - $35,788 - Shade sail, landscaping, painting & other
beatification
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Blight cleanup, Enhanced Parks and Recreation Department and Services, Events and activities,
Transportation options
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Parks and Recreation Department and
Services
Amount Requested: Budgeted Item:
$91,153 Yes No x N/A
Fund(s) or Account(s): Budget Amendment Needed:
TBD Yes x No N/A
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Recommended Motion:
Authorize staff to receive grants and awards from the Community Foundation For Muskegon County
from certain Parks & Recreation-related funds for a total of $91,153.
Approvals: Guest(s) Invited / Presenting:
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 25, 2025 Title: PILOT Agreement with Spire Development
for Allen Crossing II Senior LIHTC Housing
Development
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
Spire is seeking an application to MSHDA to achieve funding for another round of affordable senior
housing next door to their project already under construction in the Apple Avenue Corridor.
Detailed Summary & Background:
This site was previously submitted by General Capital Group, but they have elected to not move
forward so that they can focus their attention on the recently awarded Nelson School project. Spire
has reached a purchase agreement with property owner Wheelfish Group and would like to
program a 40-50 unit senior apartment complex on the lot located at 181 Allen Avenue. This lot is
contiguous to their current awarded projects under construction. The PILOT payment and MSA
amounts requested are concurrent with the policy and identical to their last senior LIHTC agreement
approved by commission in December 2023.
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:
NA Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
NA Yes No N/A
Recommended Motion:
Motion to approve the Contract for Housing Tax Exemption between the City of Muskegon and Allen
Crossing II Limited Dividend Housing Association Limited Partnership as presented, and to authorize
the Mayor and Clerk to sign.
Page 170 of 231
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head Yes
Information
Technology
Other Division Heads
Communication
Legal Review
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CITY OF MUSKEGON
CONTRACT FOR HOUSING TAX EXEMPTION
This Agreement between ALLEN CROSSING II LIMITED DIVIDEND HOUSING ASSOCIATION
LIMITED PARTNERSHIP, a Michigan limited partnership, whose address is 330 West Spring Street,
Suite 430, Columbus, Ohio 43215 (the "Sponsor") and CITY OF MUSKEGON, whose address is 933
Terrace Street, Muskegon, Michigan (the "City") is made pursuant to the following terms:
RECITALS
A. The City has adopted Chapter 82, Article II "Taxation" of the City Code of Ordinances,
providing for tax exemption (the "Ordinance") and providing for a service charge in lieu of taxes for a
housing project for low income persons and families to be financed with a Federally-aided Mortgage Loan
or an advance or grant from the Authority pursuant to the provisions of the State Housing Development
Authority Act of 1966 (1966 PA 346, as amended; MCL 125.1401, et seq.) (the "Act");
B. It is acknowledged that it is a proper public purpose of the State of Michigan and its
political subdivisions to provide housing for its low-income persons and families and to encourage the
development of such housing by providing for a service charge in lieu of property taxes in accordance with
the Act. The City is authorized by this Act to establish or charge the service charge to be paid in lieu of taxes
by any or all classes of housing exempt from taxation under this Act at any amount it chooses, not to exceed
the taxes that would be paid but for this Act. It is further acknowledged that such housing for persons and
families is a public necessity, and as the City will be benefited and improved by such housing, the
encouragement of the same by providing real estate tax exemption for such housing is a valid public
purpose. It is further acknowledged that the continuance of the provisions of the Ordinance for tax
exemption and the service charge in lieu of all ad valorem taxes during the period contemplated in this
Agreement are essential to the determination of economic feasibility of the housing projects that is
constructed with financing extended in reliance on such tax exemption.
C. The City acknowledges that the Sponsor (as identified above) has offered, subject to
receipt of an allocation of Low Income Housing Tax Credits by the Michigan State Housing Development
Authority, to construct/acquire, own and operate a proposed low-income housing project identified as Allen
Crossing II on certain property located in the City at 181 Allen Avenue (the "Project") to serve low income
persons and families, and that the Sponsor has offered to pay the City on account of this housing project an
annual service charge for public services in lieu of all ad valorem property taxes.
D. The Sponsor, or an affiliate of the Sponsor to be formed, has entered or will enter into an
agreement to form a limited dividend housing association limited partnership or limited liability company
to function as owner of the proposed low-income housing Project. The owning entity to be formed will be
identified as ALLEN CROSSING II LIMITED DIVIDEND HOUSING ASSOCIATION LIMITED
PARTNERSHIP.
E. The City desires to encourage construction and financing of the low-income housing
Project which is identified by the working name of Allen Crossing II.
F. To further enable and encourage the construction of the housing Project, the Sponsor and
the City enter into this Agreement.
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G. The legal description of the Project is set forth in Exhibit A attached to this Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Definitions.
1.1. "Authority" means the Michigan State Housing Development Authority.
1.2. "Annual Shelter Rent" means the total collections during an agreed annual period
from or paid on behalf of all occupants of a housing project representing rent or occupancy charges,
reduced by Utilities.
1.3. "Contract Rents" means the total Contract Rents (as defined by the U.S.
Department of Housing and Urban Development in regulations promulgated pursuant to Section 8
of the U.S. Housing Act of 1937, as amended) received in connection with the operation of a
housing project during an agreed annual period, reduced by Utilities.
1.4. "Low Income Persons and Families" means persons and families eligible to move
into a housing project governed by Section 42 of the Internal Revenue Code, as amended, utilizing
the area median income limits published by the U.S. Department of Housing and Urban
Development for the City of Muskegon MSA or Muskegon County, whichever is applicable.
1.5 "LIHTC Program" means the Low Income Housing Tax Credit program administered
by the Authority under Section 42 of the Internal Revenue Code, as amended.
1.6. "Mortgage Loan" means a loan that is Federally-Aided (as defined in Section 11 of
the Act) or a loan or grant made or to be made by the Authority to the Sponsor for the construction,
acquisition and/or permanent financing of the housing project, and secured by a mortgage on the
housing project.
1.7. “Net Shelter Rents” means Annual Shelter Rent.
1.8. "Sponsor" means ALLEN CROSSING II LIMITED DIVIDEND HOUSING
ASSOCIATION LIMITED PARTNERSHIP, and any entity that receives or assumes a Mortgage
Loan.
1.9. "Utilities" means charges for gas, electric, water, sanitary sewer and other utilities
furnished to the occupants that are paid by the housing project.
2. Class of Housing Projects. It is determined that the class of housing projects to which the
tax exemption shall apply and for which a service charge shall be paid in lieu of such taxes shall be housing
projects for Low Income Persons and Families that are financed with a Mortgage Loan or the LIHTC
Program. It is further determined that Allen Crossing II is of this class.
3. Establishment of Annual Service Charge. As contemplated and pursuant to the Act, the
City hereby grants an exemption from all ad valorem property taxes attributable to the buildings which
consist of rental units offered to eligible Low-Income Persons and Families as defined above. Housing
2
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projects within the eligible class set forth in Section 2 above and the property on which they are or will be
located shall be exempt from all ad valorem property taxes from and after the commencement of
construction or rehabilitation. The City acknowledges that the Sponsor and the Authority, in the case of a
Sponsor receiving an Authority-financed Mortgage Loan, or the Sponsor and the mortgage lender, in the
case of a Sponsor receiving a Federally aided Mortgage Loan, have established the economic feasibility of
the housing projects for exemption from all ad valorem property taxes and a payment in lieu of taxes as
established in this Ordinance. Therefore, the City will accept payment of an annual service charge for the
public services in lieu of all ad valorem property taxes. The annual service charge shall be equal to 6% of
the Net Shelter Rents actually collected by the housing project during each operating year.
4. Term of Exemption. This exemption shall begin from and after the commencement of
construction or rehabilitation, and shall continue for the period the housing project remains subject to income
and rent restrictions pursuant to Section 42 of Internal Revenue Service Code of 1986, as amended (the "IRS
Code"), or a Mortgage Loan remains outstanding, not to exceed 25 years. The City agrees to be contractually
bound by this Agreement to honor the exemption status of the proposed project as provided herein and in
this Agreement for the entire period during which the Project is subject to the income and rent restrictions
under Section 42 of the IRS Code or is subject to a Mortgage Loan, provided that the said Mortgage Loan
continues outstanding as more particularly set forth in Section 82-50 of the Ordinance, not to exceed 25
years.
5. Responsibilities of the Sponsor. The Sponsor agrees to perform the following:
5.1 The Sponsor shall pay the service charge and payment in lieu of all ad valorem
taxes on or before July 1 of each year, beginning in the first year following the year in which the
exemption is first effective, and continuing throughout the time the exemption is in effect. The
service charge shall equal six percent (6%) of the Net Shelter Rents charged for all the LIHTC
certified units in the exempt housing project for the preceding calendar year.
5.2 The Sponsor agrees to file all information required by the Ordinance and further
to meet its obligations to the Authority in connection with the Authority's administration of the
low-income housing tax credit program.
5.3 In lieu of the requirement to submit a statement of annual shelter rents or contract
rents within 30 days after December 31 of each year, as required by Section 82-55 of the Ordinance,
Sponsor shall submit an annual audit by April 1st. If not timely filed, or within 30 days after notice
to Sponsor of said delinquency, a penalty of 1.25% of the service charge shall be imposed. This
penalty shall be collectible in the same manner provided in Section 82-54 of the Ordinance.
6. Interpretation of Financing. The City agrees that it has reviewed the Sponsor's proposal for
the construction or rehabilitation of the Project, and that receipt of a Mortgage Loan from the Authority or
an allocation of low-income housing tax credits by the Authority will satisfy the eligibility requirements of
Section 82-50 of the Ordinance.
7. Contractual Effect of Ordinance. Notwithstanding the provisions of section 15(a)(5) of the
Act to the contrary, a contract between the City and the Sponsor with the Authority as third party beneficiary
under the contract, to provide tax exemption and accept payments in lieu of taxes, as previously described,
is effectuated by enactment of this Ordinance.
8. Payment of Service Charge. The annual service charge in lieu of taxes as established by
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this Agreement shall be payable in the same manner as general property taxes are payable to the City and
distributed to the several units levying the general property tax in the same proportion as prevailed with the
general property tax in the previous calendar year. The annual payment for each operating year shall be paid
on or before July lst of the following year. Collection procedures shall be in accordance with the provisions
of the General Property Tax Act (1893 PA 206, as amended; MCL 211.1, et seq.).
9. Limitation on the Payment of Annual Service Charge. Notwithstanding Section 4.1, the
service charge to be paid each year in lieu of taxes for the part of the housing project that is tax exempt but
which is occupied by other than Low Income Persons or Families as defined in Section 1.4 shall be equal
to the full amount of the taxes which would be paid on that portion of the housing project if the housing
project were not tax exempt.
10. Counterparts. This Agreement may be executed in several counterparts and an executed copy
hereof may be relied upon as an original.
11. Binding and Benefit. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, administrators, personal representatives, successors and assigns.
12. Severability. The various sections and provisions of this Agreement shall be deemed to be
severable, and should any section or provision of this Agreement be declared by any court of competent
jurisdiction to be unconstitutional or invalid the same shall not affect the validity of this Agreement as a
whole or any section or provision of this Agreement, other than the section or provision so declared to be
unconstitutional or invalid.
13. Inconsistent Ordinances. All ordinances or parts of ordinances inconsistent or in conflict
with the provisions of this Agreement are of no effect to the extent of such inconsistency or conflict.
14. Choice of Law; Venue. This Agreement is executed in accordance with, shall be governed
by, and construed and interpreted in accordance with the laws of the State of Michigan. The parties agree
that for purposes of any dispute in connection with this Agreement, the Muskegon County Circuit Court
shall have exclusive personal and subject matter jurisdiction and venue.
IN WITNESS WHEREOF, the parties have signed this Agreement on the following page, on the
dates indicated.
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CITY OF MUSKEGON
By: Ken Johnson
Its: Mayor
Dated:
By: Ann Meisch
Its: City Clerk
Dated:
ALLEN CROSSING II LIMITED DIVIDEND
HOUSING ASSOCIATION LIMITED
PARTNERSHIP.
a Michigan limited partnership
By: Allen Crossing II GP, LLC,
Its: General Partner
By: Spire Real Estate Holdings, LLC,
Its: Managing Member
By:
Print Name:
Its: Authorized Member
Dated:
5
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EXHIBIT A
LEGAL DESCRIPTION
Project Location: 181 Allen Avenue, Muskegon, MI 49442
0.86 +/- acres
PIDN : 61-24-205-215-0001-00, 61-24-205-215-0001-10, 61-24-205-215-0002-00, 61-24-205-215-0003-
00, 61-24-205-215-0004-00, 61-24-205-215-0007-00, 61-24-205-215-0010-00
MJ DMS 31007846v10
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: Municipal Services Agreement with Spire
Development for Allen Crossing II Senior Living
LIHTC Application
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
Spire is seeking agreements with the city in order to submit 2 additional affordable senior housing
development applications to MSHDA in the upcoming April 1, 2025 LIHTC round.
Detailed Summary & Background:
This site was previously submitted by General Capital Group, but they have elected to not move
forward so that they can focus their attention on the recently awarded Nelson School project. Spire
has reached a purchase agreement with property owner Wheelfish Group and would like to
program a 40-50 unit senior apartment complex on the lot located at 181 Allen Avenue. This lot is
contiguous to their current awarded projects under construction. The PILOT payment and MSA
amounts requested are concurrent with the policy and identical to their last senior LIHTC agreement
approved by commission in December 2023.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
NA Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
NA Yes No N/A
Recommended Motion:
Motion to approve the Municipal Services Agreement between the City of Muskegon and Allen
Crossing II Limited Dividend Housing Association Limited Partnership as presented and to authorize
the Mayor and Clerk to sign.
Approvals: Guest(s) Invited / Presenting:
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Immediate Division No
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 179 of 231
MUNICIPAL SERVICES AGREEMENT
THIS MUNICIPAL SERVICES AGREEMENT (“Agreement”) is entered into on
this___ day of M a r c h , 2 0 2 5 between ALLEN CROSSING II LIMITED
DIVIDEND HOUSING ASSOCIATION LIMITED PARTNERSHIP, a Michigan limited
partnership its successors and/or assigns (the “Sponsor”) and the CITY OF
MUSKEGON, 933 Terrace Street, Muskegon, MI 49440 (the “City”) is made pursuant
to the following terms:
RECITALS
A. Sponsor has assumed an agreement to purchase a site in the City of Muskegon
known as 181 Allen Avenue for the construction of a proposed low-income housing project (the
“Project”).
B. The parties recognize that due to the high concentration of persons residing at
the Project that the City will be providing a higher level and greater amount of Municipal Services
(as defined in this Agreement) to the Project.
C. The City, through its Police and Fire Departments and otherwise, provides
Municipal Services within the City. The Project will have special needs for these types of
Municipal Services and Sponsor acknowledges that such needs may be greater than typically
situated residential developments.
D. The Sponsor desires to guarantee that certain Municipal Services will be provided to
the Project during the term that the Payment in Lieu of Tax (hereinafter referred to as the “Contract
for Housing Exemption”) Ordinance for this Project is in place, such Municipal Services to include,
but not be limited to:
1. Emergency services, including police and fire services specifically administered
through the City, and, on public streets and sidewalks, maintenance, repair, snow removal,
and street lighting; also to include other matters as the City deems necessary;
2. Other miscellaneous services as may, from time to time, be mutually agreed to for
the benefit of the Project;
3. Said municipal services shall be provided in the customary way and in accordance
with all laws, rules and regulations of the United States of America, State of Michigan,
County of Muskegon and City of Muskegon or other applicable jurisdictions or bodies.
(All of the above collectively referred to as “Municipal Services”)
4. Nothing in this Agreement shall be deemed to waive any defense to claims based
on sovereign or governmental immunity.
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AGREEMENT
The parties agree as follows:
1. Provision of Services. The City will provide the Municipal Services.
2. Payment. The Sponsor shall pay a service charge on or before July 1, of each year
during the time the CONTRACT FOR HOUSING EXEMPTION is in effect (the “Municipal
Service Fee”). The Municipal Service Fee shall be three (3%) percent of the net rent, which
includes reductions for vacancies and collection losses, received annually, reduced by project paid
utilities, starting during the calendar year that a unit in the Project is placed in service. The first year
shall be pro-rated based on that portion of the City’s fiscal year (July 1 – June 30) that any unit is
ready to be placed in service.
3. Term. Payment for Municipal Services shall commence during the calendar year
the CONTRACT FOR HOUSING EXEMPTION Ordinance becomes effective and continue for
as long as the CONTRACT FOR HOUSING EXEMPTION is in effect.
4. Audit. Sponsor shall submit, upon request, a copy of the annual audit of the Project
prepared by an independent CPA’s along with the payment of the Municipal Service Fee.
5. Exclusive Benefit. The obligations of the Sponsor hereunder are imposed solely
and exclusively for the benefit of the City and no other person or entity shall have the standing to
enforce such obligations or be deemed to be beneficiaries of such obligations.
6. Remedies. The Sponsor agrees that if it does not perform its obligations under this
Agreement the City is entitled to pursue any and all remedies legal or equitable that it is entitled to
under Michigan law. The Sponsor agrees to be liable for all costs of collection including
reasonable attorney's fees and costs incurred by the City in the enforcement of the terms of this
Agreement, if Sponsor is found to be in default of this Agreement by a court of competent
jurisdiction.
7. Assignment. Upon the written consent of the City, the Sponsor may transfer or
assign its rights and obligations under this Agreement to a buyer (“Transferee”) of the Project. The
Transferee must agree to assume the Sponsor’s obligations under this Agreement and the
Development Agreement which has been executed by the Sponsor with the City. Upon assignment
and assumption of this Agreement by the Transferee (or an affiliate, as provided below), the
Sponsor shall be relieved of any further liabilities or obligations accruing under this Agreement or
the Development Agreement. Notwithstanding the foregoing, the Sponsor may assign this
Agreement, without the written consent of the City, to an affiliate of Sponsor (provided that such
affiliate agrees to assume the Sponsor’s obligations hereunder and provided that the Sponsor and
assignee give prior notice of the assignment to the City with evidence that the assignee has agreed
to assume the obligations of the Sponsor).
Page 181 of 231
8. Severability. If any term or condition of this Agreement is found to be void,
invalid, or unenforceable, the validity or enforceability of the remaining terms and conditions shall
not be affected or impaired and will continue in full force and effect.
9. Notices. All notices under this Agreement must be in writing and sent to the
respective parties as follows:
If to Sponsor:
Attn: Thomas A. Grywalski
Allen Crossing II Limited Dividend Housing Association Limited Partnership
330 West Spring Street, Suite 430
Columbus, Ohio 43215
If to the City:
City of Muskegon
Attn: City Manager
933 Terrace Street
Muskegon, MI 49440
Every notice must be in writing and sent by one of the following methods:
a. Personal delivery, in which case delivery shall be deemed to occur the day of the
delivery;
b. Certified or registered mail, postage prepaid, return receipt requested, in which case
delivery shall be deemed to occur the day it is officially recorded by the U.S. Postal Service
that is has delivered it to the intended recipient; or
c. Next day delivery by a recognized private delivery service such as Federal Express,
providing proof of mailing and delivery comparable to certified or registered mail, return
receipt requested, in which case delivery shall be deemed to occur upon delivery as
recorded by the delivery service.
Page 182 of 231
Either party may change the address provided in this paragraph for itself or its attorney by
providing notice of such change to the other party as required in this paragraph.
10. No Waiver. No delay, omission, or failure of the City to act under this Agreement
or to insist upon strict compliance with any term and condition of this Agreement, and no custom
or practice of the parties at variance with the terms and conditions of this Agreement shall
constitute a waiver of City’s right to demand exact compliance with this Agreement. No waiver
of any right or remedy of City shall be construed as a bar to or a waiver of any such right or
remedy on any future occasion.
11. Headings. The headings in this Agreement have only been inserted for
convenience and shall not affect the meaning or interpretation of this Agreement. No heading
shall have any legal significance of any nature whatsoever.
12. Binding Effect. This Agreement shall be binding on the parties, their heirs,
successors, and assigns.
13. Amendments. There shall be no modification or amendments to this Agreement,
including this section, unless they are in writing and signed by all the parties to this Agreement.
14. Governing Law. This Agreement has been executed in the State of Michigan, and
shall be governed by Michigan law.
15. Complete Agreement. This Agreement contains the entire agreement between
the parties and supersedes all prior oral or written representations, negotiations and agreement on
the subject matter stated herein.
{Signatures on next page}
Page 183 of 231
Municipal Services Agreement
Signature Page
IN WITNESS WHEREOF, this Municipal Services Agreement is executed as of the day and year
first written above.
CITY:
CITY OF MUSKEGON
Dated: _____________, 2025 By:
Ken Johnson, Mayor
Dated: _ ___________, 2025 By:
Ann Meisch, City Clerk
SPONSOR:
ALLEN CROSSING II LIMITED DIVIDEND HOUSING
ASSOCIATION LIMITED PARTNERSHIP a Michigan
limited partnership
By: Allen Crossing II GP, LLC
Its: Managing Member
By: Spire Real Estate Holdings, LLC,
Its: Managing Member
By:
Name:
Its: Authorized Signer
Page 184 of 231
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: PILOT Agreement with Spire Development
for Allen Crossing III Senior Housing LIHTC
Application
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
Spire is seeking an application to MSHDA to achieve funding for another round of affordable senior
housing next door to their project already under construction in the Apple Avenue Corridor.
Detailed Summary & Background:
This site was previously submitted by General Capital Group, but they have elected to not move
forward so that they can focus their attention on the recently awarded Nelson School project. Spire
has reached a purchase agreement with property owner Wheelfish Group and would like to
program a 40-50 unit senior apartment complex on the lot located at 162 East Apple Avenue. This lot
is contiguous to their current awarded projects under construction. The PILOT payment and MSA
amounts requested are concurrent with the policy and identical to their last senior LIHTC agreement
approved by commission in December 2023.
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:
NA Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
NA Yes No N/A
Recommended Motion:
Motion to approve the Contract for Housing Tax Exemption between the City of Muskegon and Allen
Crossing III Limited Dividend Housing Association Limited Partnership and to authorize the Mayor and
Clerk to sign.
Page 185 of 231
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head Yes
Information
Technology
Other Division Heads
Communication
Legal Review
Page 186 of 231
CITY OF MUSKEGON
CONTRACT FOR HOUSING TAX EXEMPTION
This Agreement between ALLEN CROSSING III LIMITED DIVIDEND HOUSING ASSOCIATION
LIMITED PARTNERSHIP, a Michigan limited partnership, whose address is 330 West Spring Street,
Suite 430, Columbus, Ohio 43215 (the "Sponsor") and CITY OF MUSKEGON, whose address is 933
Terrace Street, Muskegon, Michigan (the "City") is made pursuant to the following terms:
RECITALS
A. The City has adopted Chapter 82, Article II "Taxation" of the City Code of Ordinances,
providing for tax exemption (the "Ordinance") and providing for a service charge in lieu of taxes for a
housing project for low income persons and families to be financed with a Federally-aided Mortgage Loan
or an advance or grant from the Authority pursuant to the provisions of the State Housing Development
Authority Act of 1966 (1966 PA 346, as amended; MCL 125.1401, et seq.) (the "Act");
B. It is acknowledged that it is a proper public purpose of the State of Michigan and its
political subdivisions to provide housing for its low-income persons and families and to encourage the
development of such housing by providing for a service charge in lieu of property taxes in accordance with
the Act. The City is authorized by this Act to establish or charge the service charge to be paid in lieu of taxes
by any or all classes of housing exempt from taxation under this Act at any amount it chooses, not to exceed
the taxes that would be paid but for this Act. It is further acknowledged that such housing for persons and
families is a public necessity, and as the City will be benefited and improved by such housing, the
encouragement of the same by providing real estate tax exemption for such housing is a valid public
purpose. It is further acknowledged that the continuance of the provisions of the Ordinance for tax
exemption and the service charge in lieu of all ad valorem taxes during the period contemplated in this
Agreement are essential to the determination of economic feasibility of the housing projects that is
constructed with financing extended in reliance on such tax exemption.
C. The City acknowledges that the Sponsor (as identified above) has offered, subject to
receipt of an allocation of Low Income Housing Tax Credits by the Michigan State Housing Development
Authority, to construct/acquire, own and operate a proposed low-income housing project identified as Allen
Crossing III on certain property located in the City at 162 E Apple Avenue (the "Project") to serve low
income persons and families, and that the Sponsor has offered to pay the City on account of this housing
project an annual service charge for public services in lieu of all ad valorem property taxes.
D. The Sponsor, or an affiliate of the Sponsor to be formed, has entered or will enter into an
agreement to form a limited dividend housing association limited partnership or limited liability company
to function as owner of the proposed low-income housing Project. The owning entity to be formed will be
identified as ALLEN CROSSING III LIMITED DIVIDEND HOUSING ASSOCIATION LIMITED
PARTNERSHIP.
E. The City desires to encourage construction and financing of the low-income housing
Project which is identified by the working name of Allen Crossing III.
F. To further enable and encourage the construction of the housing Project, the Sponsor and
the City enter into this Agreement.
1
Page 187 of 231
G. The legal description of the Project is set forth in Exhibit A attached to this Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Definitions.
1.1. "Authority" means the Michigan State Housing Development Authority.
1.2. "Annual Shelter Rent" means the total collections during an agreed annual period
from or paid on behalf of all occupants of a housing project representing rent or occupancy charges,
reduced by Utilities.
1.3. "Contract Rents" means the total Contract Rents (as defined by the U.S.
Department of Housing and Urban Development in regulations promulgated pursuant to Section 8
of the U.S. Housing Act of 1937, as amended) received in connection with the operation of a
housing project during an agreed annual period, reduced by Utilities.
1.4. "Low Income Persons and Families" means persons and families eligible to move
into a housing project governed by Section 42 of the Internal Revenue Code, as amended, utilizing
the area median income limits published by the U.S. Department of Housing and Urban
Development for the City of Muskegon MSA or Muskegon County, whichever is applicable.
1.5 "LIHTC Program" means the Low Income Housing Tax Credit program administered
by the Authority under Section 42 of the Internal Revenue Code, as amended.
1.6. "Mortgage Loan" means a loan that is Federally-Aided (as defined in Section 11 of
the Act) or a loan or grant made or to be made by the Authority to the Sponsor for the construction,
acquisition and/or permanent financing of the housing project, and secured by a mortgage on the
housing project.
1.7. “Net Shelter Rents” means Annual Shelter Rent.
1.8. "Sponsor" means ALLEN CROSSING III LIMITED DIVIDEND HOUSING
ASSOCIATION LIMITED PARTNERSHIP, and any entity that receives or assumes a Mortgage
Loan.
1.9. "Utilities" means charges for gas, electric, water, sanitary sewer and other utilities
furnished to the occupants that are paid by the housing project.
2. Class of Housing Projects. It is determined that the class of housing projects to which the
tax exemption shall apply and for which a service charge shall be paid in lieu of such taxes shall be housing
projects for Low Income Persons and Families that are financed with a Mortgage Loan or the LIHTC
Program. It is further determined that Allen Crossing III is of this class.
3. Establishment of Annual Service Charge. As contemplated and pursuant to the Act, the
City hereby grants an exemption from all ad valorem property taxes attributable to the buildings which
consist of rental units offered to eligible Low-Income Persons and Families as defined above. Housing
2
Page 188 of 231
projects within the eligible class set forth in Section 2 above and the property on which they are or will be
located shall be exempt from all ad valorem property taxes from and after the commencement of
construction or rehabilitation. The City acknowledges that the Sponsor and the Authority, in the case of a
Sponsor receiving an Authority-financed Mortgage Loan, or the Sponsor and the mortgage lender, in the
case of a Sponsor receiving a Federally aided Mortgage Loan, have established the economic feasibility of
the housing projects for exemption from all ad valorem property taxes and a payment in lieu of taxes as
established in this Ordinance. Therefore, the City will accept payment of an annual service charge for the
public services in lieu of all ad valorem property taxes. The annual service charge shall be equal to 6% of
the Net Shelter Rents actually collected by the housing project during each operating year.
4. Term of Exemption. This exemption shall begin from and after the commencement of
construction or rehabilitation, and shall continue for the period the housing project remains subject to income
and rent restrictions pursuant to Section 42 of Internal Revenue Service Code of 1986, as amended (the "IRS
Code"), or a Mortgage Loan remains outstanding, not to exceed 25 years. The City agrees to be contractually
bound by this Agreement to honor the exemption status of the proposed project as provided herein and in
this Agreement for the entire period during which the Project is subject to the income and rent restrictions
under Section 42 of the IRS Code or is subject to a Mortgage Loan, provided that the said Mortgage Loan
continues outstanding as more particularly set forth in Section 82-50 of the Ordinance, not to exceed 25
years.
5. Responsibilities of the Sponsor. The Sponsor agrees to perform the following:
5.1 The Sponsor shall pay the service charge and payment in lieu of all ad valorem
taxes on or before July 1 of each year, beginning in the first year following the year in which the
exemption is first effective, and continuing throughout the time the exemption is in effect. The
service charge shall equal six percent (6%) of the Net Shelter Rents charged for all the LIHTC
certified units in the exempt housing project for the preceding calendar year.
5.2 The Sponsor agrees to file all information required by the Ordinance and further
to meet its obligations to the Authority in connection with the Authority's administration of the
low-income housing tax credit program.
5.3 In lieu of the requirement to submit a statement of annual shelter rents or contract
rents within 30 days after December 31 of each year, as required by Section 82-55 of the Ordinance,
Sponsor shall submit an annual audit by April 1st. If not timely filed, or within 30 days after notice
to Sponsor of said delinquency, a penalty of 1.25% of the service charge shall be imposed. This
penalty shall be collectible in the same manner provided in Section 82-54 of the Ordinance.
6. Interpretation of Financing. The City agrees that it has reviewed the Sponsor's proposal for
the construction or rehabilitation of the Project, and that receipt of a Mortgage Loan from the Authority or
an allocation of low-income housing tax credits by the Authority will satisfy the eligibility requirements of
Section 82-50 of the Ordinance.
7. Contractual Effect of Ordinance. Notwithstanding the provisions of section 15(a)(5) of the
Act to the contrary, a contract between the City and the Sponsor with the Authority as third party beneficiary
under the contract, to provide tax exemption and accept payments in lieu of taxes, as previously described,
is effectuated by enactment of this Ordinance.
8. Payment of Service Charge. The annual service charge in lieu of taxes as established by
3
Page 189 of 231
this Agreement shall be payable in the same manner as general property taxes are payable to the City and
distributed to the several units levying the general property tax in the same proportion as prevailed with the
general property tax in the previous calendar year. The annual payment for each operating year shall be paid
on or before July lst of the following year. Collection procedures shall be in accordance with the provisions
of the General Property Tax Act (1893 PA 206, as amended; MCL 211.1, et seq.).
9. Limitation on the Payment of Annual Service Charge. Notwithstanding Section 4.1, the
service charge to be paid each year in lieu of taxes for the part of the housing project that is tax exempt but
which is occupied by other than Low Income Persons or Families as defined in Section 1.4 shall be equal
to the full amount of the taxes which would be paid on that portion of the housing project if the housing
project were not tax exempt.
10. Counterparts. This Agreement may be executed in several counterparts and an executed copy
hereof may be relied upon as an original.
11. Binding and Benefit. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, administrators, personal representatives, successors and assigns.
12. Severability. The various sections and provisions of this Agreement shall be deemed to be
severable, and should any section or provision of this Agreement be declared by any court of competent
jurisdiction to be unconstitutional or invalid the same shall not affect the validity of this Agreement as a
whole or any section or provision of this Agreement, other than the section or provision so declared to be
unconstitutional or invalid.
13. Inconsistent Ordinances. All ordinances or parts of ordinances inconsistent or in conflict
with the provisions of this Agreement are of no effect to the extent of such inconsistency or conflict.
14. Choice of Law; Venue. This Agreement is executed in accordance with, shall be governed
by, and construed and interpreted in accordance with the laws of the State of Michigan. The parties agree
that for purposes of any dispute in connection with this Agreement, the Muskegon County Circuit Court
shall have exclusive personal and subject matter jurisdiction and venue.
IN WITNESS WHEREOF, the parties have signed this Agreement on the following page, on the
dates indicated.
4
Page 190 of 231
CITY OF MUSKEGON
By: Ken Johnson
Its: Mayor
Dated:
By: Ann Meisch
Its: City Clerk
Dated:
ALLEN CROSSING III LIMITED DIVIDEND
HOUSING ASSOCIATION LIMITED
PARTNERSHIP.
a Michigan limited partnership
By: Allen Crossing III GP, LLC,
Its: General Partner
By: Spire Real Estate Holdings, LLC,
Its: Managing Member
By:
Print Name:
Its: Authorized Member
Dated:
5
Page 191 of 231
EXHIBIT A
LEGAL DESCRIPTION
Project Location: 162 E Apple Avenue, Muskegon, MI 49442
0.77 +/- acres
PIDN: 61-24-205-215-0002-00, 61-24-205-215-0003-00, 61-24-205-215-0004-00, 61-24-205-215-0006-
00, 61-24-205-215-0007-00, 61-24-205-215-0010-00
MJ DMS 31007846v10
Page 192 of 231
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: Municipal Services Agreement with Spire
Development for Allen Crossing III Senior Housing
LIHTC Application
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
Spire is seeking agreements with the city in order to submit 2 additional affordable senior housing
development applications to MSHDA in the upcoming April 1, 2025 LIHTC round.
Detailed Summary & Background:
This site was previously submitted by General Capital Group, but they have elected to not move
forward so that they can focus their attention on the recently awarded Nelson School project. Spire
has reached a purchase agreement with property owner Wheelfish Group and would like to
program a 40-50 unit senior apartment complex on the lot located at 162 East Apple Avenue. This lot
is contiguous to their current awarded projects under construction. The PILOT payment and MSA
amounts requested are concurrent with the policy and identical to their last senior LIHTC agreement
approved by commission in December 2023.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
NA Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
NA Yes No N/A
Recommended Motion:
Motion to approve the Municipal Services Agreement between the City of Muskegon and Allen
Crossing III Limited Dividend Housing Association Limited Partnership as presented and to authorize
the Mayor and Clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Page 193 of 231
Immediate Division No
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 194 of 231
MUNICIPAL SERVICES AGREEMENT
THIS MUNICIPAL SERVICES AGREEMENT (“Agreement”) is entered into on
this___ day of M a r c h , 2 0 2 5 between ALLEN CROSSING III LIMITED
DIVIDEND HOUSING ASSOCIATION LIMITED PARTNERSHIP, a Michigan limited
partnership its successors and/or assigns (the “Sponsor”) and the CITY OF
MUSKEGON, 933 Terrace Street, Muskegon, MI 49440 (the “City”) is made pursuant
to the following terms:
RECITALS
A. Sponsor has assumed an agreement to purchase a site in the City of Muskegon
known as 162 E Apple Avenue for the construction of a proposed low-income housing project (the
“Project”).
B. The parties recognize that due to the high concentration of persons residing at
the Project that the City will be providing a higher level and greater amount of Municipal Services
(as defined in this Agreement) to the Project.
C. The City, through its Police and Fire Departments and otherwise, provides
Municipal Services within the City. The Project will have special needs for these types of
Municipal Services and Sponsor acknowledges that such needs may be greater than typically
situated residential developments.
D. The Sponsor desires to guarantee that certain Municipal Services will be provided to
the Project during the term that the Payment in Lieu of Tax (hereinafter referred to as the “Contract
for Housing Exemption”) Ordinance for this Project is in place, such Municipal Services to include,
but not be limited to:
1. Emergency services, including police and fire services specifically administered
through the City, and, on public streets and sidewalks, maintenance, repair, snow removal,
and street lighting; also to include other matters as the City deems necessary;
2. Other miscellaneous services as may, from time to time, be mutually agreed to for
the benefit of the Project;
3. Said municipal services shall be provided in the customary way and in accordance
with all laws, rules and regulations of the United States of America, State of Michigan,
County of Muskegon and City of Muskegon or other applicable jurisdictions or bodies.
(All of the above collectively referred to as “Municipal Services”)
4. Nothing in this Agreement shall be deemed to waive any defense to claims based
on sovereign or governmental immunity.
Page 195 of 231
AGREEMENT
The parties agree as follows:
1. Provision of Services. The City will provide the Municipal Services.
2. Payment. The Sponsor shall pay a service charge on or before July 1, of each year
during the time the CONTRACT FOR HOUSING EXEMPTION is in effect (the “Municipal
Service Fee”). The Municipal Service Fee shall be three (3%) percent of the net rent, which
includes reductions for vacancies and collection losses, received annually, reduced by project paid
utilities, starting during the calendar year that a unit in the Project is placed in service. The first year
shall be pro-rated based on that portion of the City’s fiscal year (July 1 – June 30) that any unit is
ready to be placed in service.
3. Term. Payment for Municipal Services shall commence during the calendar year
the CONTRACT FOR HOUSING EXEMPTION Ordinance becomes effective and continue for
as long as the CONTRACT FOR HOUSING EXEMPTION is in effect.
4. Audit. Sponsor shall submit, upon request, a copy of the annual audit of the Project
prepared by an independent CPA’s along with the payment of the Municipal Service Fee.
5. Exclusive Benefit. The obligations of the Sponsor hereunder are imposed solely
and exclusively for the benefit of the City and no other person or entity shall have the standing to
enforce such obligations or be deemed to be beneficiaries of such obligations.
6. Remedies. The Sponsor agrees that if it does not perform its obligations under this
Agreement the City is entitled to pursue any and all remedies legal or equitable that it is entitled to
under Michigan law. The Sponsor agrees to be liable for all costs of collection including
reasonable attorney's fees and costs incurred by the City in the enforcement of the terms of this
Agreement, if Sponsor is found to be in default of this Agreement by a court of competent
jurisdiction.
7. Assignment. Upon the written consent of the City, the Sponsor may transfer or
assign its rights and obligations under this Agreement to a buyer (“Transferee”) of the Project. The
Transferee must agree to assume the Sponsor’s obligations under this Agreement and the
Development Agreement which has been executed by the Sponsor with the City. Upon assignment
and assumption of this Agreement by the Transferee (or an affiliate, as provided below), the
Sponsor shall be relieved of any further liabilities or obligations accruing under this Agreement or
the Development Agreement. Notwithstanding the foregoing, the Sponsor may assign this
Agreement, without the written consent of the City, to an affiliate of Sponsor (provided that such
affiliate agrees to assume the Sponsor’s obligations hereunder and provided that the Sponsor and
assignee give prior notice of the assignment to the City with evidence that the assignee has agreed
to assume the obligations of the Sponsor).
Page 196 of 231
8. Severability. If any term or condition of this Agreement is found to be void,
invalid, or unenforceable, the validity or enforceability of the remaining terms and conditions shall
not be affected or impaired and will continue in full force and effect.
9. Notices. All notices under this Agreement must be in writing and sent to the
respective parties as follows:
If to Sponsor:
Attn: Thomas A. Grywalski
Allen Crossing III Limited Dividend Housing Association Limited Partnership
330 West Spring Street, Suite 430
Columbus, Ohio 43215
If to the City:
City of Muskegon
Attn: City Manager
933 Terrace Street
Muskegon, MI 49440
Every notice must be in writing and sent by one of the following methods:
a. Personal delivery, in which case delivery shall be deemed to occur the day of the
delivery;
b. Certified or registered mail, postage prepaid, return receipt requested, in which case
delivery shall be deemed to occur the day it is officially recorded by the U.S. Postal Service
that is has delivered it to the intended recipient; or
c. Next day delivery by a recognized private delivery service such as Federal Express,
providing proof of mailing and delivery comparable to certified or registered mail, return
receipt requested, in which case delivery shall be deemed to occur upon delivery as
recorded by the delivery service.
Page 197 of 231
Either party may change the address provided in this paragraph for itself or its attorney by
providing notice of such change to the other party as required in this paragraph.
10. No Waiver. No delay, omission, or failure of the City to act under this Agreement
or to insist upon strict compliance with any term and condition of this Agreement, and no custom
or practice of the parties at variance with the terms and conditions of this Agreement shall
constitute a waiver of City’s right to demand exact compliance with this Agreement. No waiver
of any right or remedy of City shall be construed as a bar to or a waiver of any such right or
remedy on any future occasion.
11. Headings. The headings in this Agreement have only been inserted for
convenience and shall not affect the meaning or interpretation of this Agreement. No heading
shall have any legal significance of any nature whatsoever.
12. Binding Effect. This Agreement shall be binding on the parties, their heirs,
successors, and assigns.
13. Amendments. There shall be no modification or amendments to this Agreement,
including this section, unless they are in writing and signed by all the parties to this Agreement.
14. Governing Law. This Agreement has been executed in the State of Michigan, and
shall be governed by Michigan law.
15. Complete Agreement. This Agreement contains the entire agreement between
the parties and supersedes all prior oral or written representations, negotiations and agreement on
the subject matter stated herein.
{Signatures on next page}
Page 198 of 231
Municipal Services Agreement
Signature Page
IN WITNESS WHEREOF, this Municipal Services Agreement is executed as of the day and year
first written above.
CITY:
CITY OF MUSKEGON
Dated: _____________, 2025 By:
Ken Johnson, Mayor
Dated: _ ___________, 2025 By:
Ann Meisch, City Clerk
SPONSOR:
ALLEN CROSSING III LIMITED DIVIDEND
HOUSING ASSOCIATION LIMITED PARTNERSHIP a
Michigan limited partnership
By: Allen Crossing III GP, LLC
Its: Managing Member
By: Spire Real Estate Holdings, LLC,
Its: Managing Member
By:
Name:
Its: Authorized Signer
Page 199 of 231
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: Muskegon Farmers Market Fees for 2025
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
The Muskegon Farmers Market Committee met on March 13th, 2025 to review fees along with farmers
market rules/updates.
Detailed Summary & Background:
2024 Proposed 2025
Tier 1- $750 $775
Corner - 7
months
Tier 1 - $700 $725
Regular
Tier 2 - $580 $600
Regular
Tuesday $25 $25
May -
June
Tuesday $35 $35
July -
September
Tuesday $25 $25
October -
November
Thursday $20 $20
May -
November
Saturday $45 $50
May-
November
It is recommended the Flea Market prices increase by $1.
The committee has requested a $20 late fee to vendors who do not show up on time and do not call,
email, or text the market to let them know.
Vendors will continue to pay an additional $1 each Saturday that goes towards the Marketing
Page 200 of 231
budget of the Farmers Market.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Amount Requested: Budgeted Item:
Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No x N/A
Recommended Motion:
To approve the fees as listed above.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 201 of 231
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: Rezoning of 1148 4th St and 318/350
Houston Ave
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff-initiated request to rezone the properties at 1148 4th St, 318 Houston Ave from Limited Business
(B-1), and 350 Houston Ave from High-Density Multiple-Family Residential (RM-3) to Form-Based Code,
Neighborhood Core (FBC, NC).
Detailed Summary & Background:
This area of “Midtown” was rezoned to Form Based Code in 2015. Most of the parcels were zoned to
FBC, UR because they were either single-family, duplex, or small multiplex buildings. At the time, these
three properties were left out of the rezoning because they did not fit the FBC, UR designation.
However, staff has reviewed the form-based code and has determined that the FBC, NC designation
will work well for these properties and the buildings and uses would be considered legally
conforming. The Nelson Place apartments would be considered a Flex building in the form-based
code and the new designation would even allow for mixed-uses if the chose to do that someday.
The properties at 1148 4th St and 318 Houston would be considered small multiplexes. Small
multiplexes were not allowed as a permitted use in FBC, UR districts at that time, so this property was
not included in the initial rezoning request of 2015. This density is allowed within the FBC, NC zoning
designation and so are the office uses.
The Planning Commission unanimously (7-0, two members absent) recommended approval of the
rezoning request.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
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
Page 202 of 231
Recommended Motion:
I move to approve the request to rezone the properties at 1148 4th St, 318 Houston Ave, and 350
Houston Ave to Form-Based Code, Neighborhood Core.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 203 of 231
PLANNING COMMISSION PACKET EXCERPT
Hearing, Case 2025-13: Staff-initiated request to rezone the properties at 1148 4th St, 318 Houston Ave
from Limited Business (B-1), and 350 Houston Ave from High-Density Multiple-Family Residential
(RM-3) to Form-Based Code, Neighborhood Core (FBC, NC).
SUMMARY
This area of “Midtown” was rezoned to Form Based Code in 2015. Most of the parcels were zoned to
FBC, UR because they were either single-family, duplex, or small multiplex buildings. At the time, these
three properties were left out of the rezoning because they did not fit the FBC, UR designation. However,
staff has reviewed the form-based code and has determined that the FBC, NC designation will work well
for these properties and the buildings and uses would be considered legally conforming. The Nelson Place
apartments would be considered a Flex building in the form-based code and the new designation would
even allow for mixed-uses if the chose to do that someday. The properties at 1148 4th St and 318 Houston
would be considered small multiplexes. Small multiplexes were not allowed as a permitted use in FBC,
UR districts at that time, so this property was not included in the initial rezoning request of 2015. This
density is allowed within the FBC, NC zoning designation and so are the office uses.
Staff held a focus group in February with all of the associated property owners. Those in attendance were
very supportive of the initiative and requested that we move forward with the rezonings. Notice was sent
to all properties within 300 feet of the properties to be rezoned. At the time of this writing, staff has not
received any comments from the public.
Please see the attached FBC, NC zoning ordinance excerpt.
1148 4th St & 318 Houston Ave
350 Houston Ave
Page 204 of 231
Zoning Map
Aerial Map
Page 205 of 231
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for 1148 4th St, 318 Houston
Ave and 350 Houston Ave to FBC, NC.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning to FBC, NC.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
Page 206 of 231
CERTIFICATE
(Rezoning of 1148 4th, 318 Houston Ave and 350 Houston Ave)
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 March, 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 207 of 231
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on March 25, 2025, the City Commission of the City of Muskegon adopted an ordinance
amending the zoning map to provide for the change of zoning for 1148 4th St, 318 Houston Ave and 350 Houston
Ave to FBC, NC.
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
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 208 of 231
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: Rezoning of 429, 433, 451, 461, 477, 485, 491,
501, 507, 513, 521, 527 E Apple Ave and 1022
Williams St.
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff-initiated request to rezone the following properties from Two-Family Residential (RT) to Form-
Based Code, Neighborhood Edge (FBC, NE):
429/433/451/461/477/485/491/501/507/513/521/527 E Apple Ave and 1022 Williams St.
Detailed Summary & Background:
There are only 70 properties within the City that are zoned RT, Two-Family Residential. The zoning
designation could be considered outdated because we now have the FBC, UR designation that also
allows for duplexes.
The RT designation requires large lots for the development of duplexes, whereas the FBC designation
allows for their development on smaller lots. RT lots must be at least 8,712 sf in size and at least 75 feet
wide. This requirement makes almost all properties zoned RT legally-non-conforming because they
are not wide enough. Nothing could be developed on most of these properties and the existing
houses are considered grandfathered. A duplex in the FBC designation can be built on a lot that is
only 40 feet wide.
The FBC, UR designation allows for single-family detached houses, duplexes and accessory dwellings
units. It also allows for triplexes if there is an alley present.
Staff recommends eliminating the RT zoning designation. In order to do so, we must first rezone all 70
of the RT properties that currently exist. Staff proposes to rezone these 10 properties to FBC, NE
because the are located along Apple Ave adjacent to a business district and there are also alleys
present, so the infrastructure already exists to support higher density.
Staff held a focus group in February with all of the associated property owners. Those in attendance
were very supportive of the initiative and requested that we move forward with the rezonings. Notice
was sent to all properties within 300 feet of the properties to be rezoned. At the time of this writing,
staff has not received any comments from the public.
The Planning Commission unanimously (7-0), two members absent) recommended approval of the
rezoning request.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Page 209 of 231
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 rezone the addresses listed above from RT to FBC, NE.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 210 of 231
PLANNING COMMISSION PACKET EXCERPT
Hearing, Case 2025-14: Staff-initiated request to rezone the following properties from Two-Family
Residential (RT) to Form-Based Code, Neighborhood Edge (FBC, NE):
429/433/451/461/477/485/491/501/507/513/521/527 E Apple Ave and 1022 Williams St.
SUMMARY
There are only 70 properties within the City that are zoned RT, Two-Family Residential. The zoning
designation could be considered outdated because we now have the FBC, UR designation that also allows
for duplexes.
The RT designation requires large lots for the development of duplexes, whereas the FBC designation
allows for their development on smaller lots. RT lots must be at least 8,712 sf in size and at least 75 feet
wide. This requirement makes almost all properties zoned RT legally-non-conforming because they are
not wide enough. Nothing could be developed on most of these properties and the existing houses are
considered grandfathered. A duplex in the FBC designation can be built on a lot that is only 40 feet wide.
The FBC, UR designation allows for single-family detached houses, duplexes and accessory dwellings
units. It also allows for triplexes if there is an alley present.
Staff recommends eliminating the RT zoning designation. In order to do so, we must first rezone all 70 of
the RT properties that currently exist. Staff proposes to rezone these 10 properties to FBC, NE because
the are located along Apple Ave adjacent to a business district and there are also alleys present, so the
infrastructure already exists to support higher density.
Staff held a focus group in February with all of the associated property owners. Those in attendance were
very supportive of the initiative and requested that we move forward with the rezonings. Notice was sent
to all properties within 300 feet of the properties to be rezoned. At the time of this writing, staff has not
received any comments from the public.
Please see the attached zoning ordinance excerpts for R and RT zones.
RT Lots Facing Apple Ave
Page 211 of 231
Zoning Map
Aerial Map
Page 212 of 231
Building Types Allowed in FBC, NE
Page 213 of 231
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for 429, 433, 451, 461, 477, 485,
491, 501, 507, 513, 521, 527 E Apple Ave and 1022 Williams St to FBC, NE.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning to FBC, NE.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
Page 214 of 231
CERTIFICATE
(Rezoning of 429, 433, 451, 461, 477, 485, 491, 501, 507, 513, 521, 527 E Apple Ave and 1022 Williams St)
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 March, 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 215 of 231
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on March 25, 2025, the City Commission of the City of Muskegon adopted an ordinance
amending the zoning map to provide for the change of zoning for 429, 433, 451, 461, 477, 485, 491, 501, 507,
513, 521, 527 E Apple Ave and 1022 Williams St to FBC, NE.
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
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 216 of 231
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: Rezoning of several properties from Two-
Family Residential (RT) to Neighborhood
Residential (R).
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff-initiated request to rezone the following properties from Two-Family Residential (RT) to
Neighborhood Residential (R):
410/420/428/438/448/456/466/478/508/524/528/530/532/558/562/568/580/586/592/600 Adams Ave,
275 Marshall St, 462/478/494/508/524/540/556/568/594 S Quarterline Rd, 1150/1160/1168/1192/1206
Ambrosia St, 370/376/384/390 Catherine Ave, 1174/1185/1191 Wood St, 353/357/361/369 E Isabella
Ave, 1113/1119 Sophia St, 396/422/428/438 McLaughlin Ave, 463 Catawba Ave, 557 McLaren St, 2407
Barclay St, 11/17 Delaware Ave, and 955 W. Laketon Ave.
Detailed Summary & Background:
As described in the previous case, staff recommends eliminating the RT zones because we now have
better options to allow for duplexes and higher densities.
Staff is proposing to rezone these properties from RT to R, Neighborhood Residential. These lots fit the
size requirements for the proposed zoning district and the rezonings will make most of these lots
legally conforming, whereas most of them are considered legally, non-conforming under the RT
designation. These lots are characterized as small-to-medium sized residential lots without the
presence of an alley. Without an alley present, the R designation allows only single-family detached
houses, duplexes, and accessory dwelling units. Triplexes would not be allowed because there are no
alleys associated with these lots.
Staff held a focus group in February with all of the associated property owners. Those in attendance
were very supportive of the initiative and requested that we move forward with the rezonings. Notice
was sent to all properties within 300 feet of the properties to be rezoned. At the time of this writing,
staff has not received any comments from the public.
The Planning Commission unanimously (7-0, two members absent) recommended to approve the
rezoning request.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Page 217 of 231
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 rezone the above listed addresses from Two-Family Residential (RT)
to Neighborhood Residential (R).
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 218 of 231
PLANNING COMMISSION PACKET EXCERPT
Hearing, Case 2025-15: Staff-initiated request to rezone the following properties from Two-Family
Residential (RT) to Neighborhood Residential (R):
410/420/428/438/448/456/466/478/508/524/528/530/532/558/562/568/580/586/592/600 Adams Ave,
275 Marshall St, 462/478/494/508/524/540/556/568/594 S Quarterline Rd, 1150/1160/1168/1192/1206
Ambrosia St, 370/376/384/390 Catherine Ave, 1174/1185/1191 Wood St, 353/357/361/369 E Isabella
Ave, 1113/1119 Sophia St, 396/422/428/438 McLaughlin Ave, 463 Catawba Ave, 557 McLaren St, 2407
Barclay St, 11/17 Delaware Ave, and 955 W. Laketon Ave.
SUMMARY
As described in the previous case, staff recommends eliminating the RT zones because we now have better
options to allow for duplexes and higher densities.
Staff is proposing to rezone these properties from RT to R, Neighborhood Residential. These lots fit the
size requirements for the proposed zoning district and the rezonings will make most of these lots legally
conforming, whereas most of them are considered legally, non-conforming under the RT designation.
These lots are characterized as small-to-medium sized residential lots without the presence of an alley.
Without an alley present, the R designation allows only single-family detached houses, duplexes, and
accessory dwelling units. Triplexes would not be allowed because there are no alleys associated with these
lots.
Staff held a focus group in February with all of the associated property owners. Those in attendance were
very supportive of the initiative and requested that we move forward with the rezonings. Notice was sent
to all properties within 300 feet of the properties to be rezoned. At the time of this writing, staff has not
received any comments from the public.
Please see the attached zoning ordinance excerpts for R and RT zones.
Zoning Maps Showing Proposed RT to R Zones
Page 219 of 231
Page 220 of 231
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for the following properties to
R, Neighborhood Residential:
410/420/428/438/448/456/466/478/508/524/528/530/532/558/562/568/580/586/592/600 Adams Ave, 275
Marshall St, 462/478/494/508/524/540/556/568/594 S Quarterline Rd, 1150/1160/1168/1192/1206 Ambrosia St,
370/376/384/390 Catherine Ave, 1174/1185/1191 Wood St, 353/357/361/369 E Isabella Ave, 1113/1119 Sophia
St, 396/422/428/438 McLaughlin Ave, 463 Catawba Ave, 557 McLaren St, 2407 Barclay St, 11/17 Delaware
Ave, and 955 W. Laketon Ave
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning to R, Neighborhood
Residential.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
Page 221 of 231
CERTIFICATE
(Rezoning of410/420/428/438/448/456/466/478/508/524/528/530/532/558/562/568/580/586/592/600 Adams
Ave, 275 Marshall St, 462/478/494/508/524/540/556/568/594 S Quarterline Rd, 1150/1160/1168/1192/1206
Ambrosia St, 370/376/384/390 Catherine Ave, 1174/1185/1191 Wood St, 353/357/361/369 E Isabella Ave,
1113/1119 Sophia St, 396/422/428/438 McLaughlin Ave, 463 Catawba Ave, 557 McLaren St, 2407 Barclay St,
11/17 Delaware Ave, and 955 W. Laketon Ave)
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 March, 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 222 of 231
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on March 25, 2025, the City Commission of the City of Muskegon adopted an ordinance
amending the zoning map to provide for the change of zoning for the following properties to R, Neighborhood
Residential: 410/420/428/438/448/456/466/478/508/524/528/530/532/558/562/568/580/586/592/600 Adams
Ave, 275 Marshall St, 462/478/494/508/524/540/556/568/594 S Quarterline Rd, 1150/1160/1168/1192/1206
Ambrosia St, 370/376/384/390 Catherine Ave, 1174/1185/1191 Wood St, 353/357/361/369 E Isabella Ave,
1113/1119 Sophia St, 396/422/428/438 McLaughlin Ave, 463 Catawba Ave, 557 McLaren St, 2407 Barclay St,
11/17 Delaware Ave, and 955 W. Laketon Ave
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
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 223 of 231
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: Rezoning of 1769, 1733, 1715, 1766, 1752,
1736, 1724, 1720, and 1714 Beidler St.
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff-initiated request to rezone the following properties from Neighborhood Residential (R) to Form-
Based Code, Neighborhood Edge (FBC-NE): 1769/1733/1715/1766/1752/1736/1724/1720/1714 Beidler
St.
Detailed Summary & Background:
This section of Beidler St intersects with the business district along Laketon Ave and is comprised
mostly of mixed-use and retail buildings. However, many of the buildings and most of their uses are
considered legally non-conforming because they are all zoned R, Neighborhood Residential. The
current zoning designation limits development and use options and requires building owners to apply
for Special Use Permits for any commercial or multifamily uses. Staff believes these buildings would be
better served with a Form Based Code designation that allows for mixed-uses by right. The mid-block
alley serves as a natural barrier between the properties proposed for rezoning and the R district to the
north. The property at 1727 Beidler St was recently rezoned to FBC, NE this February.
The Planning Commission unanimously (7-0, two members absent) recommended to approve the
rezoning request.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
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 rezone for the addresses listed above from R, Neighborhood
Residential to Form Based Code, Neighborhood Edge.
Page 224 of 231
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 225 of 231
PLANNING COMMISSION PACKET EXCERPT
Hearing, Case 2025-11: Staff-initiated request to rezone the following properties from Neighborhood
Residential (R) to Form-Based Code, Neighborhood Edge (FBC-NE):
1769/1733/1715/1766/1752/1736/1724/1720/1714 Beidler St.
SUMMARY
This section of Beidler St intersects with the business district along Laketon Ave and is comprised mostly
of mixed-use and retail buildings. However, many of the buildings and most of their uses are considered
legally non-conforming because they are all zoned R, Neighborhood Residential. The current zoning
designation limits development and use options and requires building owners to apply for Special Use
Permits for any commercial or multifamily uses. Staff believes these buildings would be better served
with a Form Based Code designation that allows for mixed-uses by right. The midblock alley serves as a
natural barrier between the properties proposed for rezoning and the R district to the north. The property
at 1727 Beidler St (listed on map on following page) was recently rezoned to FBC, NE this February.
In the master plan, goal two in the economic development section calls to “create viable commercial
corridors and community nodes.” All five of the action steps associated with this goal appear to relate to
this amendment request.
• Invest in placemaking opportunities that capitalize on community assets.
• Encourage the formation of business district associations and development of corridor
improvement plans for active business districts.
• Support retail development, growth, and expansion through zoning amendments and economic
incentives that encourage a range of potential unit sizes.
• Promote walkability through pedestrian-focused ground-level activities and use micro-transit to
bridge long distances.
• Simplify zoning regulations to permit flexibility in business types.
Staff held a focus group in February with all of the associated property owners. Those in attendance were
very supportive of the initiative and requested that we move forward with the rezonings. Notice was sent
to all properties within 300 feet of the properties to be rezoned. At the time of this writing, staff has not
received any comments from the public.
Page 226 of 231
Zoning Map
Page 227 of 231
Aerial Map
Page 228 of 231
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for 1769, 1733, 1715, 1766,
1752, 1736, 1724, 1720, and 1714 Beidler St from Neighborhood Residential (R) to Form Based Code,
Neighborhood Edge (FBC, NE).
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning from B-2 to FBC, NE.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
Page 229 of 231
CERTIFICATE
(Rezoning of 1769, 1733, 1715, 1766, 1752, 1736, 1724, 1720, and 1714 Beidler to FBC, NE)
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 March, 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 230 of 231
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on March 25, 2025, the City Commission of the City of Muskegon adopted an ordinance
amending the zoning map to provide for the change of zoning for 1769, 1733, 1715, 1766, 1752, 1736, 1724,
1720, and 1714 Beidler St from R to FBC, NE.
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
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 231 of 231
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