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CITY OF MUSKEGON
CITY COMMISSION MEETING
August 12, 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:
A. HBCU Club of Muskegon - Tarra Carson Mayor's Office
☐ PUBLIC HEARINGS:
A. PA 210 Commercial Rehabilitation Certificate - 1700 Oak Avenue
Economic Development
B. PA 198 Industrial Facilities Exemption - 701 W. Laketon Ave. Economic
Development
C. Neighborhood Enterprise Zone Certificates - 283 E. Walton Ave., 287 E.
Walton Ave., 286 Myrtle Ave., 294 Myrtle Ave., 518 Oak Ave., 450
Orchard Ave., and 454 Orchard Ave. Economic Development
☐ FEDERAL/STATE/COUNTY OFFICIALS UPDATE:
☐ PUBLIC COMMENT ON AGENDA ITEMS:
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Sale of 577, 695, 723 Amity and 461 White Planning
C. Sale of 619 Amity Planning
D. Filtration - Hypochlorite Storage Tank Liner Installations Public Works
E. Filtration - Powder Activated Carbon (PAC) Public Works
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F. Ordinance Amendment: Curfew Public Safety
G. Downtown Muskegon Social District Expansion Request Community
Engagement
H. Resolution for 221 West Webster Avenue Social District Permit
Community Engagement
I. Amendment to the zoning ordinance - Extending the hours of operation
for marihuana retailers and provisioning centers. (SECOND READING)
Planning
J. Amendment to the zoning ordinance - Allowing marinas as a permitted
use in Form-Based Code, Lakeside Mixed Residential districts. (SECOND
READING) Planning
K. Resolution for MNRTF Acquisition Grant Application DPW- Parks
L. Sale of 499 Amity Planning
M. Fleet Vehicle Replacements Public Works
N. Update to City Manager's Contract - Vacation Manager's Office
O. Request to Create a new Neighborhood Enterprise Zone District at 535
Yuba Economic Development
P. Request to Create a new Neighborhood Enterprise Zone District at 2127
Austin Economic Development
Q. Request to Create a new Neighborhood Enterprise Zone District at 2262
Austin Economic Development
R. Request to Create a new Neighborhood Enterprise Zone District at 2155
Continental Economic Development
S. Request to Create a new Neighborhood Enterprise Zone District at 2209
Valley Economic Development
T. Request to Create a new Neighborhood Enterprise Zone District South
Getty Economic Development
U. Request to Create a new Neighborhood Enterprise Zone District at 2247
Valley Economic Development
V. Driveway Easement to Benefit 1188 Lakeshore Dr Public Works
W. Concur with CRC Recommendation City Clerk
☐ UNFINISHED BUSINESS:
☐ NEW BUSINESS:
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A. Designation of Voting Delegates for the Michigan Municipal League
Annual Business Meeting City Clerk
☐ ANY OTHER BUSINESS:
☐ GENERAL PUBLIC COMMENT:
► Reminder: Individuals who would like to address the City Commission shall do the following: ►Fill out a
request to speak form attached to the agenda or located in the back of the room. ► Submit the form to
the City Clerk. ► Be recognized by the Chair. ► Step forward to the microphone. ► State name. ►Limit of
3 minutes to address the Commission.
☐ CLOSED SESSION:
☐ ADJOURNMENT:
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF
MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
To give comment on a live-streamed meeting the city will provide a call-in telephone
number to the public to be able to call and give comment. For a public meeting that is
not live-streamed, and which a citizen would like to watch and give comment, they
must contact the City Clerk’s Office with at least a two-business day notice. The
participant will then receive a zoom link which will allow them to watch live and give
comment. Contact information is below. For more details, please visit:
www.shorelinecity.com
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such
as signers for the hearing impaired and audio tapes of printed materials being
considered at the meeting, to individuals with disabilities who want to attend the
meeting with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with
disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or by calling the following:
Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705.
clerk@shorelinecity.com
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: PA 210 Commercial Rehabilitation
Certificate - 1700 Oak Avenue
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
Pursuant to Public Act 210 of 2005, as amended, Muskegon Central Park, LLC has requested the
issuance of a Commercial Rehabilitation Certificate at 1700 Oak Avenue.
Detailed Summary & Background:
Muskegon Central Park, LLC is requesting a Commercial Rehabilitation Certificate for the property
located at 1700 Oak Avenue. This site is the former General Hospital, which is now planned for
redevelopment into six (6) three-story multifamily buildings, totaling 144 dwelling units ranging from
one (1) to three (3) bedrooms.
A Commercial Rehabilitation District for this site was established following a public hearing held by
the City Commission on July 22, 2025, allowing taxing jurisdictions the opportunity to provide input.
Establishment of the district is a required step prior to the consideration of a certificate under Public
Act 210 of 2005. In addition to the PA 210 incentive, this project also received approval for a
Brownfield Plan Amendment on February 25, 2025. If approved, the Commercial Rehabilitation
Certificate will freeze the taxable value of the existing building (in this case, the vacant hospital
structure), and exempt the new real property investment from local property taxes for the duration of
the certificate. The school operating tax and State Education Tax (SET) will continue to be levied.
Land and personal property are not eligible for exemption under this act. The estimated capital
investment exceeds $21 million and is expected to create approximately 100 construction jobs, and
generate three (3) new permanent jobs following project completion.
The City’s internal tax committee has reviewed the application and is recommending an abatement
duration of ten (10) years.
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Reduction of blighted commercial properties
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A
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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 Commercial Rehabilitation Certificate for 1700
Oak Avenue for a duration of ten (10) years, and authorize the Mayor and City Clerk to sign the
application and the resolution.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Public Act 210 of 2005, as amended
Head
Information
Technology
Other Division Heads
Communication
Legal Review
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Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF A COMMERCIAL REHABILITATION CERTIFICATE
Muskegon-Central Park, LLC
WHEREAS, pursuant to P.A. 210 of 2005 as amended, after duly noticed public hearing held on July 22,
2025, this Commission by resolution established a Commercial Rehabilitation District as
requested by Muskegon-Central Park, LLC for the building at 1700 Oak Avenue, Muskegon,
Michigan 49442; and
WHEREAS, Muskegon-Central Park, LLC requested in writing for the City to establish a Commercial
Rehabilitation District at 1700 Oak Avenue in a letter dated March 7, 2025; and
WHEREAS, the application for the issuance of a Commercial Rehabilitation Certificate was filed within six
months of the project’s commencement; and
WHEREAS, the rehabilitation of this building is calculated to and will have the reasonable likelihood to retain,
create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, Muskegon-Central Park LLC is not delinquent in any taxes related to the facility; and
WHEREAS, the application is for commercial property as defined in section 2(a) of Public Act 210 of
2005; and
WHEREAS, Muskegon-Central Park, LLC has provided answers to all required questions under the
application instructions to the City of Muskegon; and
WHEREAS, the City of Muskegon requires that rehabilitation of the facility shall be completed by March
31, 2027; and
WHEREAS, the application relates to a rehabilitation program that when completed constitutes a qualified
facility within the meaning of Public Act 210 of 2005 and that is situated within a Commercial
Rehabilitation District established under Public Act 210 of 2005; and
WHEREAS, the rehabilitation includes improvements aggregating 10% or more of the true cash value of
the property at commencement of the rehabilitation as provided by section 2(j) of Public Act 210
of 2005; and
WHEREAS, a Public Hearing was held on August 12, 2025 at which the applicant, the assessor and
representatives of the affected taxing units were given written notice and were afforded an opportunity
to be heard; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will
not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real
property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered together with
the aggregate amount of certificates previously granted and currently in force under Act No. 210 of
the Public Act of 2005 as amended shall not have the effect of substantially impeding the operation
Page 10 of 257
of the City of Muskegon or impairing the financial soundness of a taxing unit which levies ad
valorem property taxes in the City of Muskegon.
2) The application of Muskegon-Central Park, LLC, for the issuance of a Commercial Rehabilitation
Certificate with respect to the building improvements and equipment on the following described
parcel of real property situated within the City of Muskegon to wit:
CITY OF MUSKEGON SEC 22 T10N R16W PART OF THE N 1/2 OF THE SW 1/4 SEC 22 T10N R16W
3) The Commercial Rehabilitation Certificate is issued and shall be and remain in force and effect for
a period of ten (10) years, ending on December 31, 2036 and may not be extended.
Adopted this 12th Day of August 2025.
Ayes:
Nays:
Absent:
BY: __________________________________
Ken Johnson
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on August 12, 2025.
______________________________
Ann Meisch
Clerk
Page 11 of 257
7/2/25, 2:28 PM about:blank
1700 Oak Ave Property Viewer Report
Area of Interest (AOI) Information
Area : 1,109,932.9 ft²
Jul 2 2025 14:22:13 Eastern Daylight Time
about:blank 1/5
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7/2/25, 2:28 PM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 1 1,109,932.90 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
61-24-122- 1700 OAK
1 24 25.48 26.70 1700 No Data MUSKEGON
300-0003-00 AVE
Property Property Owner Owner
Owner Owner Owner Care Owner
# Address Address Zip Address Address
Name 1 Name 2 Of Address
State Code City State
PHEONIX
3662
1 MI 49442 RECLAMATI No Data No Data MUSKEGON MI
AIRLINE RD
ON LLC
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 49444 1,089,600.00 1,089,600.00 945,146.00 0 201 61010
- Improved
about:blank 2/5
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7/2/25, 2:28 PM about:blank
Zoning per Assessor
# School District Name Tax Description Area(ft²)
Primary
about:blank 3/5
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7/2/25, 2:28 PM about:blank
1 MUSKEGON CITY RM-1 CITY OF MUSKEGON SEC 1,109,932.90
SCHOOL DIST 22 T10N R16W PART OF
THE N 1/2 OF THE SW 1/4
SEC 22 T10N R16W
DESCRIBED AS: BEG AT A
PT ON THE W LN OF SD
SEC 22 750.77 FT S 00D
10M 00S E OF WEST 1/4
CORNER OF SEC 22 TH N
88D 59M 00S E 476.68 FT
TH N 02D 06M 10S W
295.47 FT TH N 89D 50M
00S E 1.35 FT TH S 65D
27M 17S E 121.09 FT TH N
88D 44M 43S E 98.19 FT
TH S 01D 44M 05S E 97.05
FT TH N 89D 08M 54S E
284.84 FT TH N 01D 15M
17S W 99.05 FT TH N 88D
44M 43S E 214.30 FT TH N
00D 32M 46S W 509.95 FT
TO EAST-WEST 1/4 LINE
OF SEC 22 TH N 88D 44M
43S E 444.45 FT ALG SD
EAST-WEST 1/4 LINE TH S
00D 10M 00S E 1074.38 FT
ALG E LINE OF THE WEST
1617.0 FT OF SD SW 1/4
TH S 89D 01M 03S W
36.85 FT ALG N LN OF S
253.0 FT OF THE N 1/2 OF
SAID SW 1/4 TH N 01D
01M 00S W 140.91 FT ALG
THE EAST BOUNDARY OF
AMENDED PLAT OF LOTS
11 THRU 20 VACATED
WELLS AVE (PRIVATE)
AND THE VACATED
PORTION OF RILEY ST
(PRIVATE) OF
OSTEOPATHIC MEDICAL
PLOT NO. 2 TH S 88D 59M
00S W 377.18 FT ALG N
LN OF VACATED WELLS
AVE TH S 01D 01M 00S E
27.00 FT TH S 88D 59M
00S W 225.32 FT TH S 01D
01M 00S E 366.55 FT ALG
THE W BOUNDARY OF SD
AMENDED PLAT AND ALG
THE W BOUNDARY OF
OSTEOPATHIC MEDICAL
PLAT TH S 89D 01M 03S W
981.58 FT ALG THE S LN
OF N 1/2 OF SD SW 1/4
TO WEST LN OF SD SEC
22 TH N 00D 10M 00S W
568.92 FT ALG SD W LN
TO POB. EXCEPT THAT
PART OF THE N 1/2 OF
SW 1/4 SEC 22 DESC AS
BEG AT A POINT ON THE
W LN OF OSTEOPATHIC
MEDICAL PLAT NO 2
EXTENDED NORTH THAT
IS 162.00 FT N 01D 01M W
OF THE NW COR OF SD
about:blank 4/5
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7/2/25, 2:28 PM about:blank
OSTEOPATHIC MEDICAL
PLAT NO 2 TH N 01D 01M
W 116.00 FT ALG SD W LN
EXTENDED TH N 88D 59M
E 125.00 FT TH S 01D 01M
W 116.00 FT TH S 88D 59M
W 125.00 FT TO POB
ALSO EXC TH PART OF
THE N 1/2 OF SW 1/4 SEC
22 DESC AS BEG AT A PT
THAT IS 162.00 FT N 01D
01M W ALG THE W LN OF
OSTEOPATHIC MEDICAL
PLAT NO 2 EXT NORTH
AND 125.00 FT N 88D 59M
E OF THE NW COR OF
OSTEOPATHIC MEDICAL
PLAT NO 2 TH N 01D 02M
W 156.00 FT TH N 88D
59M E 105.00 FT TH S 01D
01M E 156.00 FT TH S 89D
59M W 105.00 FT TO POB
SUBJ TO EASEMENT FOR
INGRESS/EGRESS AND
UTILITIES DESC AS: BEG
AT A PT ON THE WEST LN
OF SEC 22 T10N R16W
750.77 FT S 00D 10M 00S
E OF THE W 1/4 CORNER
OF SD SEC 22 TH N 88D
59M 00S E 476.68 FT TH S
00D 10M 00S E 60.00 FT
TH S 88D 59M 00S W
476.68 FT TO THE WEST
LN OF SD SEC 22 TH N
00D 10M 00S W 60.00 FT
TO THE POB. TOGETHER
WITH AN EASEMENT FOR
INGRESS AND EGRESS
RECORDED IN LIBER
3822 PAGE 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 5/5
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: PA 198 Industrial Facilities Exemption - 701 W.
Laketon Ave.
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
Pursuant to Public Act 198 of 1974, as amended, Molding Media of America, 701 W. Laketon Ave. has
requested the issuance of an Industrial Facilities Exemption Certificate for the property located at 701
W. Laketon Ave.
Detailed Summary & Background:
Molding Media of America (MMA) has submitted an application for an Industrial Facilities Exemption
(IFT) certificate for real property improvements at 701 W. Laketon Avenue, the former Great Lakes Die
Cast facility. The company is proposing a capital rehabilitation investment of $185,000. If approved,
the IFT certificate would reduce property taxes on the real property improvements by 50%.
MMA is a newly established company created in response to the anticipated closure of the current
fiberglass supplier for SRS Fiberglass Products. To fill this gap in the market, MMA intends to develop a
68,000 sq. ft. fiberglass processing facility to serve the automotive, commercial interiors, and HVAC
markets. In addition to the real property investment, the company plans to make significant
investments in equipment and create approximately 50 high-paying jobs over the next two years.
As a new business, MMA has signed the City’s Equal Employment Opportunity and Inclusive
Workforce Development Letter (attached), affirming its commitment to building a workforce that
reflects the diversity of the City of Muskegon. The City’s EEO & Employee Relations Director, in
collaboration with the Economic Development Department, will monitor the company’s progress
toward these workforce goals.
Following review, the City’s Internal Tax Committee recommends approval of a 9-year abatement
term for the proposed investment.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Progress toward new and ongoing
economic development projects
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
Page 19 of 257
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 issuance of an Industrial Facilities Exemption
Certificate for a period of nine (9) years for the property located at 701 W. Laketon Avenue, and to
authorize the Mayor and City Clerk to sign the application and the resolution.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Public Act 198 of 1974, as amended
Head
Information
Technology
Other Division Heads
Communication
Legal Review
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MUSKEGON COUNTY
M I C H I G A N
701 W Laketon Ave
August 6, 2025
RE: 701 W Laketon Ave (POLP 24-370-002-0001-00)
The structure at 701 W Laketon Ave Muskegon MI 49441 (part of parcel 61-24-
370-002-0001-00) consists of a multi-story industrial building. The entire parcel
has a current taxable value of $1,566,363. The parcel has been approved for a
split and the parcel resulting of 4.26 acres. The contributory value of this split
parcel has a true cash value of $593,811. The land carries a true cash value of
$64,041. The parcel has a SEV of 296,900 including land and an SEV of $264,900
excluding the land.
Assessing
City of Muskegon
EQUALIZATION • 173 E APPLE AVENUE • STE. 201 • MUSKEGON, MICHIGAN 49442
PHONE 231-724-6386 • FAX 231-724-1129 • www.co.muskegon.mi.us/equalization
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Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE OF INDUSTRIAL
FACILITIES EXEMPTION CERTIFICATE Molding Media of America
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed public
hearing held on July 22, 2025 this Commission by resolution established
a Plant Rehabilitation District as requested by SRS Fiberglass Products,
701 W. Laketon Ave., Muskegon, Michigan 49441; and
WHEREAS, Molding Media of America has filed an application for the issuance
of an Industrial Facilities Tax Exemption Certificate with respect to the
rehabilitation of a facility and new machinery and equipment to be installed
within said Plant Rehabilitation District; and
WHEREAS, before acting on said application the Muskegon City Commission held
a public hearing on August 12, 2025 at the Muskegon City Hall in
Muskegon, Michigan at 5:30 p.m. at which hearing the applicant, the
assessor and representatives of the affected taxing units were given
written notice and were afforded an opportunity to be heard on said
application; and
WHEREAS, the rehabilitation of the facility and installation of machinery and
equipment is calculated to and will have the reasonable likelihood to retain,
create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes
within the City of Muskegon, will not exceed 5% of an amount equal to the
sum of the SEV of the local government unit, plus the SEV of personal and
real property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City
Commission of the City of Muskegon, Michigan that:
1) The Muskegon City Commission finds and determines that the
Certificate considered together with the aggregate amount of
certificates previously granted and currently in force under Act No. 198
of the Public Act of 1974 as amended shall not have the effect of
substantially impeding the operation of the City of Muskegon or
impairing the financial soundness of a taxing unit which levies ad
valorem property taxes in the City of Muskegon.
2) The application of Molding Media of America, for the issuance of an
Industrial Facilities Tax Exemption Certificate with respect to the
rehabilitation and installation of new machinery and equipment on the
following described parcel of real property situated within the City of
Muskegon to wit:
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3) The Industrial Facilities Tax Exemption Certificate is issued and shall be
and remain in force and effect for a period of nine (9) years on real
property.
Adopted this 12 Day of AUGUST 2025
Ayes:
Nays:
Absent:
BY: ________________________________
Ken Johnson Mayor
ATTEST: ___________________________
Ann Meisch, City Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a
resolution adopted by the Muskegon City Commission, County of Muskegon,
Michigan, at a regular meeting held on August 12, 2025.
__________________________
Ann Meisch, City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Neighborhood Enterprise Zone Certificates -
283 E. Walton Ave., 287 E. Walton Ave., 286 Myrtle
Ave., 294 Myrtle Ave., 518 Oak Ave., 450 Orchard
Ave., and 454 Orchard Ave.
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
The staff are requesting the approval of Neighborhood Enterprise Zone (NEZ) certificates for 15 years
for a new construction home at 283 E. Walton Ave., 287 E. Walton Ave., 286 Myrtle Ave., 294 Myrtle
Ave., 518 Oak Ave., 450 Orchard Ave., and 454 Orchard Ave.
Detailed Summary & Background:
An application for Neighborhood Enterprise Zone (NEZ) certificates has been received from RSW
Holdings LLC and Barrowstone Capital LLC for the construction of single-family homes located at 283
E. Walton Ave., 287 E. Walton Ave., 286 Myrtle Ave., 294 Myrtle Ave., 518 Oak Ave., 450 Orchard Ave.,
and 454 Orchard Ave. The estimated construction cost for each home is $157,000.
These properties were previously owned by the City of Muskegon. The applicant has met all local and
state requirements necessary for the issuance of the NEZ certificate.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Improved community vibrancy through
infill development
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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 Neighborhood Enterprise Zone (NEZ) certificates for
15 years at 283 E. Walton Ave., 287 E. Walton Ave., 286 Myrtle Ave., 294 Myrtle Ave., 518 Oak Ave.,
450 Orchard Ave., and 454 Orchard Ave and authorize the City Clerk and Mayor to sign the
applications and resolutions.
Approvals: Name the Policy/Ordinance Followed:
Page 37 of 257
Immediate Division Diverse housing types
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 38 of 257
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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 RSW Holdings LLC & Barrowstone Capital LLC to construct a new home at 283 E. Walton
Ave. in the Angell 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 RSW Holdings LLC & Barrowstone Capital LLC be
approved.
Adopted this 12th day of August, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 41 of 257
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
August 12, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 42 of 257
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: ThattheCITY OF MUSKEGON, a municipal of
corporation,
933Terrace
Street,
Muskegon,Michigan49440,
QUIT CLAIMS toRSW HoldingsLLC & BarrowstoneCapitalLLC, of691OttawaBeachRoad,Holland,
MI,
49423,thefollowing
described situated
premises intheCityofMuskegon,CountyofMuskegon,State
ofMichigan,
towit:
*See Attached LegalDescriptions
forthesum ofThreeThousand,
and00/100Dollars
($3,000.00)
PROVIDED, HOWEVER, Grantee, orits shall
assigns, completeconstruction
ofone(1)single-family
home on
eachparcelonthepremises herein conveyedwithineighteen thedatehereof.
(18)monthsafter Indefault
ofsuch
title
construction, tothepremises shallrevert
totheCityofMuskegonfreeandclear ofanyclaimofGrantee orits
assigns.Inaddition,
theCityofMuskegonmay retain theconsideration
forthis
conveyancefreeandclearofany
claimofGrantee oritsassigns.Buyershallremoveonlythose trees forconstruction
necessary ofthehomesand
driveways."Complete construction"means:(1)issuance
ofa residential
building by theCityofMuskegon;
permits
and (2)inthesoleopinionoftheCityofMuskegon's Director
ofInspections,
substantial
completionofthe
dwellingsdescribed
inthe saidbuildingpermits.Intheeventofreversion
oftitles
oftheabove-described
premises,
improvements made thereonshallbecomethepropertyofGrantor.
Thisdeedisexemptfromreal
estate taxpursuant
transfer totheprovisions
ofMCLA 207.505(h)(i)
and
MCLA 207.526Sec.6(h)(i).
DatedthisOCoA dayof t ,2025.
Signedinthepresence
of: CITY OF MUSKEGO
By
ItsIvfayor
IteR Ohnson,
JLO' and
MMC, ItsClerk
Ann MarieMeisch,
ro e e B c>rcho
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Beforeme personally
appearedinMuskegonCounty, on
Michigan, g/8 4, 2025,by KEN
JOHNSON andANN MARIE MEISCH, MMC, theMayor andClerk, ofthe
respectively, CITY OF MUSKEGON,
a municipal on
corporation, o
behalf ftheCity. 2 /J .r
PREPARED BY: SamanthaPulos nŽa S. A ftf ,NotaryPublic
CityofMuskegonPlanningDept. ActingintheCountyof 7//w efo o
933TerraceSt.Room 202 77)uAfe en o CouT1ty,
Michigan
Muskegon,MI 49440 1kyComnfExpires: 7- K- 62030
Telephone:231/724-6702
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
Page 43 of 257
FileNo.: 462607LKR
EXHIBIT "A"
Property situatedin the City of Muskegon, County of Muskegon, and Stateof Michigan
describedas:
Parcel 1:
The Westerly 1/2 of Lot 3, Block 199, Revised Plat(of 1903) of the City of Muskegon,
Muskegon County, Michigan, as recorded in Liber 3 of Plats,on Page 71, Muskegon County
Records.
Parcel2:
The Easterly1/2 of Lot 3, Block 199, Revised Plat(of 1903) of the City of Muskegon, Muskegon
County, Michigan, as recorded in Liber 3 of Plats,on Page 71, Muskegon County Records.
Tax ID: 61-24-205-199-0003-00 POLP New Parcelfor2026 61-24-205-199-0003-10
61-24-205-199-0003-00 POLP New Parcelfor2026 61-24-205-199-0003-01
Page 44 of 257
7/29/25, 8:50 AM about:blank
283 E. Walton Ave Property Report
Area of Interest (AOI) Information
Area : 4,634.87 ft²
Jul 29 2025 8:48:00 Eastern Daylight Time
about:blank 1/2
Page 45 of 257
7/29/25, 8:50 AM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 1 4,634.87 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
283 E
61-24-205-
1 24 0.11 0.11 283 E WALTON MUSKEGON
199-0003-10
AVE
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 No Data 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 49440 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 REVISED PLAT OF 1903 4,634.87
SCHOOL DIST
WLY 1/2 LOT 3 BLK 199
©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 46 of 257
Page 47 of 257
Page 48 of 257
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 RSW Holdings LLC & Barrowstone Capital LLC to construct a new home at 287 E. Walton
Ave. in the Angell 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 RSW Holdings LLC & Barrowstone Capital LLC be
approved.
Adopted this 12th day of August, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 49 of 257
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
August 12, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 50 of 257
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: ThattheCITY OF MUSKEGON, a municipal of
corporation,
933Terrace
Street,
Muskegon,Michigan49440,
QUIT CLAIMS toRSW HoldingsLLC & BarrowstoneCapitalLLC, of691OttawaBeachRoad,Holland,
MI,
49423,thefollowing
described situated
premises intheCityofMuskegon,CountyofMuskegon,State
ofMichigan,
towit:
*See Attached LegalDescriptions
forthesum ofThreeThousand,
and00/100Dollars
($3,000.00)
PROVIDED, HOWEVER, Grantee, orits shall
assigns, completeconstruction
ofone(1)single-family
home on
eachparcelonthepremises herein conveyedwithineighteen thedatehereof.
(18)monthsafter Indefault
ofsuch
title
construction, tothepremises shallrevert
totheCityofMuskegonfreeandclear ofanyclaimofGrantee orits
assigns.Inaddition,
theCityofMuskegonmay retain theconsideration
forthis
conveyancefreeandclearofany
claimofGrantee oritsassigns.Buyershallremoveonlythose trees forconstruction
necessary ofthehomesand
driveways."Complete construction"means:(1)issuance
ofa residential
building by theCityofMuskegon;
permits
and (2)inthesoleopinionoftheCityofMuskegon's Director
ofInspections,
substantial
completionofthe
dwellingsdescribed
inthe saidbuildingpermits.Intheeventofreversion
oftitles
oftheabove-described
premises,
improvements made thereonshallbecomethepropertyofGrantor.
Thisdeedisexemptfromreal
estate taxpursuant
transfer totheprovisions
ofMCLA 207.505(h)(i)
and
MCLA 207.526Sec.6(h)(i).
DatedthisOCoA dayof t ,2025.
Signedinthepresence
of: CITY OF MUSKEGO
By
ItsIvfayor
IteR Ohnson,
JLO' and
MMC, ItsClerk
Ann MarieMeisch,
ro e e B c>rcho
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Beforeme personally
appearedinMuskegonCounty, on
Michigan, g/8 4, 2025,by KEN
JOHNSON andANN MARIE MEISCH, MMC, theMayor andClerk, ofthe
respectively, CITY OF MUSKEGON,
a municipal on
corporation, o
behalf ftheCity. 2 /J .r
PREPARED BY: SamanthaPulos nŽa S. A ftf ,NotaryPublic
CityofMuskegonPlanningDept. ActingintheCountyof 7//w efo o
933TerraceSt.Room 202 77)uAfe en o CouT1ty,
Michigan
Muskegon,MI 49440 1kyComnfExpires: 7- K- 62030
Telephone:231/724-6702
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
Page 51 of 257
FileNo.: 462607LKR
EXHIBIT "A"
Property situatedin the City of Muskegon, County of Muskegon, and Stateof Michigan
describedas:
Parcel 1:
The Westerly 1/2 of Lot 3, Block 199, Revised Plat(of 1903) of the City of Muskegon,
Muskegon County, Michigan, as recorded in Liber 3 of Plats,on Page 71, Muskegon County
Records.
Parcel2:
The Easterly1/2 of Lot 3, Block 199, Revised Plat(of 1903) of the City of Muskegon, Muskegon
County, Michigan, as recorded in Liber 3 of Plats,on Page 71, Muskegon County Records.
Tax ID: 61-24-205-199-0003-00 POLP New Parcelfor2026 61-24-205-199-0003-10
61-24-205-199-0003-00 POLP New Parcelfor2026 61-24-205-199-0003-01
Page 52 of 257
7/29/25, 10:32 AM about:blank
287 E Walton Property Report
Area of Interest (AOI) Information
Area : 4,640 ft²
Jul 29 2025 10:30:30 Eastern Daylight Time
about:blank 1/2
Page 53 of 257
7/29/25, 10:32 AM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 1 4,640.00 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
287 E
61-24-205-
1 24 0.11 0.11 287 E WALTON MUSKEGON
199-0003-01
AVE
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 No Data 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 49440 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 REVISED PLAT OF 1903 4,640.00
SCHOOL DIST
ELY 1/2 LOT 3 BLK 199
©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 54 of 257
Page 55 of 257
Page 56 of 257
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 RSW Holdings LLC & Barrowstone Capital LLC to construct a new home at 286 Myrtle Ave.
in the Angell 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 RSW Holdings LLC & Barrowstone Capital LLC be
approved.
Adopted this 12th day of August, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 57 of 257
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
August 12, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 58 of 257
7/29/25, 10:38 AM about:blank
286 Myrtle Ave Property Report
Area of Interest (AOI) Information
Area : 9,140.83 ft²
Jul 29 2025 10:37:45 Eastern Daylight Time
about:blank 1/2
Page 59 of 257
7/29/25, 10:38 AM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 1 9,140.83 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
286
61-24-205-
1 24 0.21 0.21 286 No Data MYRTLE MUSKEGON
199-0008-00
AVE
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 49443-0536 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 REVISED PLAT 1903 LOT 9,140.83
SCHOOL DIST
8 BLK 199
©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 60 of 257
OUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: ThattheCITY OF MUSKEGON, a municipal of
corporation,
933Terrace
Street,
Muskegon,Michigan49440,
QUIT CLAIMS toRSW HoldingsLLC & BarrowstoneCapitalLLC, of691OttawaBeachRoad,Holland,
MI,
49423,thefollowing
described situated
premises intheCityofMuskegon,CountyofMuskegon,State
ofMichigan,
towit:
*See Attached LegalDescriptions
forthesum ofEightThousand,
FourHundred,
and00/100Dollars
($8,400.00)
PROVIDED, HOWEVER, Grantee, orits shall
assigns, completeconstruction
ofone (1)single-family
home on
eachparcel
onthepremises hereinconveyedwithin (18)monthsafter
eighteen thedatehereof. Indefault
ofsuch
title
construction, tothepremisesshall totheCityofMuskegonfreeandclear
revert ofanyclaimofGrantee orits
Inaddition,
assigns. theCityofMuskegonmay retain theconsideration
forthis
conveyance freeandclearofany
claimofGranteeorits Buyershall
assigns. removeonlythosetrees forconstruction
necessary ofthehomesand
driveways.
"Complete construction"
means:(1)issuance
ofa residential
buildingpermitsby theCityofMuskegon;
and(2)inthesoleopinionoftheCityofMuskegon's Director
ofInspections,
substantial
completion ofthe
described
dwellings inthesaidbuildingpermits.Intheeventofreversion
oftitles
oftheabove-describedpremises,
improvementsmade thereonshall
becomethepropertyofGrantor.
Thisdeedisexemptfromreal
estate
transfer
taxpursuant
totheprovisions
ofMCLA 207.505(h)(i)
and
MCLA 207.526Sec.6(h)(i).
Datedthis T dayof dM ,2025.
Signedinthepresence
of: CITY OF MUSKEGON
By
ofa fo fft ItsIVlayor
JShnson,
ad-ea and
f€o€ Ann MarieMeisch,
MMC, ItsClerk
empse
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Beforeme personally inMuskegonCounty,
appeared on 43
Michigan, 2025,by KEN
of June,
JOHNSON andANN MARIE MEISCH, MMC, theMayor andClerk, oftheCITY OF MUSKEGON,
respectively,
a municipal on behalf
corporation, oftheCity.
PREPARED BY: SamanthaPulos a a . o ,NotaryPublic
CityofMuskegonPlanningDept. ActingintheCountyof ///u.sl'gg
933TerraceSt.Room 202 #/us #e o o Cofinty,
Michigan
-
Muskegon,MI 49440 My Comm. Expires: 7 - c2E c20,f0
231/724-6702
Telephone:
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
Page 61 of 257
*LEGAL DESCRIPTIONS:
LegalDescription:CITY OF MUSKEGON REVISED PLAT 1903 WLY ½ LOT 8 BLK 199
Address:286 MYRTLE AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-199-0008-01
Price:$1,500.00
LegalDescription:CITY OF MUSKEGON REVISED PLAT 1903 ELY ½ LOT 8 BLK 199
Address:294 MYRTLE AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-199-0008-10
Price:$1,500.00
LegalDescription:CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2LOT 12 BLK 41
Address:518 OAK AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-041-0012-00
Price:$2,400.00
LegalDescription:CITY OF MUSKEGON REVISED PLAT OF 1903 W ½ LOT 17 BLK 45
Address:450 ORCHARD AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-045-0017-01
Price:$1,500.00
LegalDescription:CITY OF MUSKEGON REVISED PLAT OF 1903 E ½ LOT 17 BLK 45
Address:454 ORCHARD AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-045-0017-10
Price:$1,500.00
Page 62 of 257
Page 63 of 257
Page 64 of 257
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 RSW Holdings LLC & Barrowstone Capital LLC to construct a new home at 294 Myrtle Ave.
in the Angell 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 RSW Holdings LLC & Barrowstone Capital LLC be
approved.
Adopted this 12th day of August, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 65 of 257
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
August 12, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 66 of 257
OUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: ThattheCITY OF MUSKEGON, a municipal of
corporation,
933Terrace
Street,
Muskegon,Michigan49440,
QUIT CLAIMS toRSW HoldingsLLC & BarrowstoneCapitalLLC, of691OttawaBeachRoad,Holland,
MI,
49423,thefollowing
described situated
premises intheCityofMuskegon,CountyofMuskegon,State
ofMichigan,
towit:
*See Attached LegalDescriptions
forthesum ofEightThousand,
FourHundred,
and00/100Dollars
($8,400.00)
PROVIDED, HOWEVER, Grantee, orits shall
assigns, completeconstruction
ofone (1)single-family
home on
eachparcel
onthepremises hereinconveyedwithin (18)monthsafter
eighteen thedatehereof. Indefault
ofsuch
title
construction, tothepremisesshall totheCityofMuskegonfreeandclear
revert ofanyclaimofGrantee orits
Inaddition,
assigns. theCityofMuskegonmay retain theconsideration
forthis
conveyance freeandclearofany
claimofGranteeorits Buyershall
assigns. removeonlythosetrees forconstruction
necessary ofthehomesand
driveways.
"Complete construction"
means:(1)issuance
ofa residential
buildingpermitsby theCityofMuskegon;
and(2)inthesoleopinionoftheCityofMuskegon's Director
ofInspections,
substantial
completion ofthe
described
dwellings inthesaidbuildingpermits.Intheeventofreversion
oftitles
oftheabove-describedpremises,
improvementsmade thereonshall
becomethepropertyofGrantor.
Thisdeedisexemptfromreal
estate
transfer
taxpursuant
totheprovisions
ofMCLA 207.505(h)(i)
and
MCLA 207.526Sec.6(h)(i).
Datedthis T dayof dM ,2025.
Signedinthepresence
of: CITY OF MUSKEGON
By
ofa fo fft ItsIVlayor
JShnson,
ad-ea and
f€o€ Ann MarieMeisch,
MMC, ItsClerk
empse
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Beforeme personally inMuskegonCounty,
appeared on 43
Michigan, 2025,by KEN
of June,
JOHNSON andANN MARIE MEISCH, MMC, theMayor andClerk, oftheCITY OF MUSKEGON,
respectively,
a municipal on behalf
corporation, oftheCity.
PREPARED BY: SamanthaPulos a a . o ,NotaryPublic
CityofMuskegonPlanningDept. ActingintheCountyof ///u.sl'gg
933TerraceSt.Room 202 #/us #e o o Cofinty,
Michigan
-
Muskegon,MI 49440 My Comm. Expires: 7 - c2E c20,f0
231/724-6702
Telephone:
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
Page 67 of 257
*LEGAL DESCRIPTIONS:
LegalDescription:CITY OF MUSKEGON REVISED PLAT 1903 WLY ½ LOT 8 BLK 199
Address:286 MYRTLE AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-199-0008-01
Price:$1,500.00
LegalDescription:CITY OF MUSKEGON REVISED PLAT 1903 ELY ½ LOT 8 BLK 199
Address:294 MYRTLE AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-199-0008-10
Price:$1,500.00
LegalDescription:CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2LOT 12 BLK 41
Address:518 OAK AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-041-0012-00
Price:$2,400.00
LegalDescription:CITY OF MUSKEGON REVISED PLAT OF 1903 W ½ LOT 17 BLK 45
Address:450 ORCHARD AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-045-0017-01
Price:$1,500.00
LegalDescription:CITY OF MUSKEGON REVISED PLAT OF 1903 E ½ LOT 17 BLK 45
Address:454 ORCHARD AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-045-0017-10
Price:$1,500.00
Page 68 of 257
Page 69 of 257
Page 70 of 257
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 RSW Holdings LLC & Barrowstone Capital LLC to construct a new home at 518 Oak Ave. in
the Angell 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 RSW Holdings LLC & Barrowstone Capital LLC be
approved.
Adopted this 12th day of August, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 71 of 257
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
August 12, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 72 of 257
OUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: ThattheCITY OF MUSKEGON, a municipal of
corporation,
933Terrace
Street,
Muskegon,Michigan49440,
QUIT CLAIMS toRSW HoldingsLLC & BarrowstoneCapitalLLC, of691OttawaBeachRoad,Holland,
MI,
49423,thefollowing
described situated
premises intheCityofMuskegon,CountyofMuskegon,State
ofMichigan,
towit:
*See Attached LegalDescriptions
forthesum ofEightThousand,
FourHundred,
and00/100Dollars
($8,400.00)
PROVIDED, HOWEVER, Grantee, orits shall
assigns, completeconstruction
ofone (1)single-family
home on
eachparcel
onthepremises hereinconveyedwithin (18)monthsafter
eighteen thedatehereof. Indefault
ofsuch
title
construction, tothepremisesshall totheCityofMuskegonfreeandclear
revert ofanyclaimofGrantee orits
Inaddition,
assigns. theCityofMuskegonmay retain theconsideration
forthis
conveyance freeandclearofany
claimofGranteeorits Buyershall
assigns. removeonlythosetrees forconstruction
necessary ofthehomesand
driveways.
"Complete construction"
means:(1)issuance
ofa residential
buildingpermitsby theCityofMuskegon;
and(2)inthesoleopinionoftheCityofMuskegon's Director
ofInspections,
substantial
completion ofthe
described
dwellings inthesaidbuildingpermits.Intheeventofreversion
oftitles
oftheabove-describedpremises,
improvementsmade thereonshall
becomethepropertyofGrantor.
Thisdeedisexemptfromreal
estate
transfer
taxpursuant
totheprovisions
ofMCLA 207.505(h)(i)
and
MCLA 207.526Sec.6(h)(i).
Datedthis T dayof dM ,2025.
Signedinthepresence
of: CITY OF MUSKEGON
By
ofa fo fft ItsIVlayor
JShnson,
ad-ea and
f€o€ Ann MarieMeisch,
MMC, ItsClerk
empse
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Beforeme personally inMuskegonCounty,
appeared on 43
Michigan, 2025,by KEN
of June,
JOHNSON andANN MARIE MEISCH, MMC, theMayor andClerk, oftheCITY OF MUSKEGON,
respectively,
a municipal on behalf
corporation, oftheCity.
PREPARED BY: SamanthaPulos a a . o ,NotaryPublic
CityofMuskegonPlanningDept. ActingintheCountyof ///u.sl'gg
933TerraceSt.Room 202 #/us #e o o Cofinty,
Michigan
-
Muskegon,MI 49440 My Comm. Expires: 7 - c2E c20,f0
231/724-6702
Telephone:
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
Page 73 of 257
*LEGAL DESCRIPTIONS:
LegalDescription:CITY OF MUSKEGON REVISED PLAT 1903 WLY ½ LOT 8 BLK 199
Address:286 MYRTLE AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-199-0008-01
Price:$1,500.00
LegalDescription:CITY OF MUSKEGON REVISED PLAT 1903 ELY ½ LOT 8 BLK 199
Address:294 MYRTLE AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-199-0008-10
Price:$1,500.00
LegalDescription:CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2LOT 12 BLK 41
Address:518 OAK AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-041-0012-00
Price:$2,400.00
LegalDescription:CITY OF MUSKEGON REVISED PLAT OF 1903 W ½ LOT 17 BLK 45
Address:450 ORCHARD AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-045-0017-01
Price:$1,500.00
LegalDescription:CITY OF MUSKEGON REVISED PLAT OF 1903 E ½ LOT 17 BLK 45
Address:454 ORCHARD AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-045-0017-10
Price:$1,500.00
Page 74 of 257
7/29/25, 10:54 AM about:blank
518 Oak Ave Property Report
Area of Interest (AOI) Information
Area : 4,642.65 ft²
Jul 29 2025 10:52:42 Eastern Daylight Time
about:blank 1/2
Page 75 of 257
7/29/25, 10:54 AM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 1 4,642.65 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
61-24-205- 518 OAK
1 24 0.11 0.10 518 No Data MUSKEGON
041-0012-00 AVE
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 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 REVISED PLAT OF 1903 W 4,642.65
SCHOOL DIST
1/2 LOT 12 BLK 41
©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 76 of 257
Page 77 of 257
Page 78 of 257
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 RSW Holdings LLC & Barrowstone Capital LLC to construct a new home at 450 Orchard
Ave. in the Angell 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 RSW Holdings LLC & Barrowstone Capital LLC be
approved.
Adopted this 12th day of August, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 79 of 257
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
August 12, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 80 of 257
7/29/25, 11:50 AM about:blank
450 Orchard Ave Property Report
Area of Interest (AOI) Information
Area : 8,361.83 ft²
Jul 29 2025 11:43:16 Eastern Daylight Time
about:blank 1/2
Page 81 of 257
7/29/25, 11:50 AM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 1 8,361.83 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
450
61-24-205-
1 24 0.19 0.20 450 No Data ORCHARD MUSKEGON
045-0017-00
AVE
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 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 REVISED PLAT OF 1903 8,361.83
SCHOOL DIST
LOT 17 BLK 45
©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 82 of 257
OUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: ThattheCITY OF MUSKEGON, a municipal of
corporation,
933Terrace
Street,
Muskegon,Michigan49440,
QUIT CLAIMS toRSW HoldingsLLC & BarrowstoneCapitalLLC, of691OttawaBeachRoad,Holland,
MI,
49423,thefollowing
described situated
premises intheCityofMuskegon,CountyofMuskegon,State
ofMichigan,
towit:
*See Attached LegalDescriptions
forthesum ofEightThousand,
FourHundred,
and00/100Dollars
($8,400.00)
PROVIDED, HOWEVER, Grantee, orits shall
assigns, completeconstruction
ofone (1)single-family
home on
eachparcel
onthepremises hereinconveyedwithin (18)monthsafter
eighteen thedatehereof. Indefault
ofsuch
title
construction, tothepremisesshall totheCityofMuskegonfreeandclear
revert ofanyclaimofGrantee orits
Inaddition,
assigns. theCityofMuskegonmay retain theconsideration
forthis
conveyance freeandclearofany
claimofGranteeorits Buyershall
assigns. removeonlythosetrees forconstruction
necessary ofthehomesand
driveways.
"Complete construction"
means:(1)issuance
ofa residential
buildingpermitsby theCityofMuskegon;
and(2)inthesoleopinionoftheCityofMuskegon's Director
ofInspections,
substantial
completion ofthe
described
dwellings inthesaidbuildingpermits.Intheeventofreversion
oftitles
oftheabove-describedpremises,
improvementsmade thereonshall
becomethepropertyofGrantor.
Thisdeedisexemptfromreal
estate
transfer
taxpursuant
totheprovisions
ofMCLA 207.505(h)(i)
and
MCLA 207.526Sec.6(h)(i).
Datedthis T dayof dM ,2025.
Signedinthepresence
of: CITY OF MUSKEGON
By
ofa fo fft ItsIVlayor
JShnson,
ad-ea and
f€o€ Ann MarieMeisch,
MMC, ItsClerk
empse
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Beforeme personally inMuskegonCounty,
appeared on 43
Michigan, 2025,by KEN
of June,
JOHNSON andANN MARIE MEISCH, MMC, theMayor andClerk, oftheCITY OF MUSKEGON,
respectively,
a municipal on behalf
corporation, oftheCity.
PREPARED BY: SamanthaPulos a a . o ,NotaryPublic
CityofMuskegonPlanningDept. ActingintheCountyof ///u.sl'gg
933TerraceSt.Room 202 #/us #e o o Cofinty,
Michigan
-
Muskegon,MI 49440 My Comm. Expires: 7 - c2E c20,f0
231/724-6702
Telephone:
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
Page 83 of 257
*LEGAL DESCRIPTIONS:
LegalDescription:CITY OF MUSKEGON REVISED PLAT 1903 WLY ½ LOT 8 BLK 199
Address:286 MYRTLE AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-199-0008-01
Price:$1,500.00
LegalDescription:CITY OF MUSKEGON REVISED PLAT 1903 ELY ½ LOT 8 BLK 199
Address:294 MYRTLE AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-199-0008-10
Price:$1,500.00
LegalDescription:CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2LOT 12 BLK 41
Address:518 OAK AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-041-0012-00
Price:$2,400.00
LegalDescription:CITY OF MUSKEGON REVISED PLAT OF 1903 W ½ LOT 17 BLK 45
Address:450 ORCHARD AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-045-0017-01
Price:$1,500.00
LegalDescription:CITY OF MUSKEGON REVISED PLAT OF 1903 E ½ LOT 17 BLK 45
Address:454 ORCHARD AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-045-0017-10
Price:$1,500.00
Page 84 of 257
Page 85 of 257
Page 86 of 257
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 RSW Holdings LLC & Barrowstone Capital LLC to construct a new home at 454 Orchard
Ave. in the Angell 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 RSW Holdings LLC & Barrowstone Capital LLC be
approved.
Adopted this 12th day of August, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 87 of 257
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
August 12, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 88 of 257
OUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: ThattheCITY OF MUSKEGON, a municipal of
corporation,
933Terrace
Street,
Muskegon,Michigan49440,
QUIT CLAIMS toRSW HoldingsLLC & BarrowstoneCapitalLLC, of691OttawaBeachRoad,Holland,
MI,
49423,thefollowing
described situated
premises intheCityofMuskegon,CountyofMuskegon,State
ofMichigan,
towit:
*See Attached LegalDescriptions
forthesum ofEightThousand,
FourHundred,
and00/100Dollars
($8,400.00)
PROVIDED, HOWEVER, Grantee, orits shall
assigns, completeconstruction
ofone (1)single-family
home on
eachparcel
onthepremises hereinconveyedwithin (18)monthsafter
eighteen thedatehereof. Indefault
ofsuch
title
construction, tothepremisesshall totheCityofMuskegonfreeandclear
revert ofanyclaimofGrantee orits
Inaddition,
assigns. theCityofMuskegonmay retain theconsideration
forthis
conveyance freeandclearofany
claimofGranteeorits Buyershall
assigns. removeonlythosetrees forconstruction
necessary ofthehomesand
driveways.
"Complete construction"
means:(1)issuance
ofa residential
buildingpermitsby theCityofMuskegon;
and(2)inthesoleopinionoftheCityofMuskegon's Director
ofInspections,
substantial
completion ofthe
described
dwellings inthesaidbuildingpermits.Intheeventofreversion
oftitles
oftheabove-describedpremises,
improvementsmade thereonshall
becomethepropertyofGrantor.
Thisdeedisexemptfromreal
estate
transfer
taxpursuant
totheprovisions
ofMCLA 207.505(h)(i)
and
MCLA 207.526Sec.6(h)(i).
Datedthis T dayof dM ,2025.
Signedinthepresence
of: CITY OF MUSKEGON
By
ofa fo fft ItsIVlayor
JShnson,
ad-ea and
f€o€ Ann MarieMeisch,
MMC, ItsClerk
empse
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Beforeme personally inMuskegonCounty,
appeared on 43
Michigan, 2025,by KEN
of June,
JOHNSON andANN MARIE MEISCH, MMC, theMayor andClerk, oftheCITY OF MUSKEGON,
respectively,
a municipal on behalf
corporation, oftheCity.
PREPARED BY: SamanthaPulos a a . o ,NotaryPublic
CityofMuskegonPlanningDept. ActingintheCountyof ///u.sl'gg
933TerraceSt.Room 202 #/us #e o o Cofinty,
Michigan
-
Muskegon,MI 49440 My Comm. Expires: 7 - c2E c20,f0
231/724-6702
Telephone:
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
Page 89 of 257
*LEGAL DESCRIPTIONS:
LegalDescription:CITY OF MUSKEGON REVISED PLAT 1903 WLY ½ LOT 8 BLK 199
Address:286 MYRTLE AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-199-0008-01
Price:$1,500.00
LegalDescription:CITY OF MUSKEGON REVISED PLAT 1903 ELY ½ LOT 8 BLK 199
Address:294 MYRTLE AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-199-0008-10
Price:$1,500.00
LegalDescription:CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2LOT 12 BLK 41
Address:518 OAK AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-041-0012-00
Price:$2,400.00
LegalDescription:CITY OF MUSKEGON REVISED PLAT OF 1903 W ½ LOT 17 BLK 45
Address:450 ORCHARD AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-045-0017-01
Price:$1,500.00
LegalDescription:CITY OF MUSKEGON REVISED PLAT OF 1903 E ½ LOT 17 BLK 45
Address:454 ORCHARD AVE, MUSKEGON, MI 49442
Parcel#: 61-24-205-045-0017-10
Price:$1,500.00
Page 90 of 257
Page 91 of 257
Page 92 of 257
Causeway E C RE
EK
Muskegon Township South FO U R M ILE
MI L
CITY OF MUSKEGON
CR
UR BRUSSE AVE BRUSSE AVE
E EK
FO
CityNEIGHBORHOOD
of North Muskegon
ENTERPRIZE ZONE (NEZ) MORGAN AVE
ST
Muskegon Township North
MEEKING ST
NB
WA
SPRING 2025 ADAMS AVE
OAKHILL DR
CAMPBELL ST
-31
TA
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MARSHALL ST
OT
BR
DRATZ ST
GUNN ST
LEONARD AVE
KRAFT ST
ST
BENNETT ST
LANGLEY ST
MARQUETTE AVE
N
Jackson Hill
HARVEY ST
SO
ICK
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ST
JACKSON AVE
BROADMOOR ST
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MARGARET ST
MARLANE ST
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ON CIR
QUARTERLINE RD
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EGAKE
VIR ALBERT AVE
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SCHOOL ST
DR WESLEY AVE
VIRIDIA
AS NEW CONSTRUCTION N DR
(M MARCOUX AVE
NEZ
CARLTON ST
SURREY PL
ROBERTS ST
MARCOUX AVE
VILLAGE DR
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RILEY ST
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EMERALD ST
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CARLTON ST
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HOME ST
CR
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2N
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STEVENS ST
K
ST
ST
E
AV AMITY AVE
M
SCOTT ST
E
AV
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RT
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MY ALLEN AVE
CL
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EVART ST
PLYMOUTH ST
JAY ST
E
AV AV
E
APPLE AVE
RN D
TE OR REHAB & V
U46
SO
OAKGROVE ST
S HAMILTON AVE NC
ROBERTS ST
Nelson
E
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WILLIAMS ST
D
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R ADA AVE ADA AVE
AM
E FO ADA AVE
KENNETH ST
AV RT
MADISON ST
ST
US-31 SB
BR
GREEN ST
N HA E
GO AV E
BURTON ST
O
NA AV ISABELLA AVE ISABELLA AVE
SIA
HOLT ST
E MONROE AVE E
E SK IA
AR
SP
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AV MU W E
GORDON ST
ST
MAPLE ST
LA AV
RI
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SAUTER ST
TE A
NG
N
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JEFFERSON ST
E
CHESTNUT ST
RA
E AV
ST
4T
W
ON
NS
MCLAUGHLIN AVE
SHONAT ST
H
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E
E ST AV Sheldon Park MCLAUGHLIN AVE
OM
ST
AV E E EVA
9T
WESTERN AVE U AV
HO AV LIN NS
11
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H TO CALVIN AVE
GO OE AV INE
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UG
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KE NR L AV ER LA L VE
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ST
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CA AV CA
TA
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SO TH
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EASTGATE ST
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WEST ST
NG FRANCIS AVE
MA UR
W BA
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RO E
NN
AV CA AV AV LANGELAND AVE
ST ST E
KE
US R LANGELAND AVE
UE
EASTWOOD DR
WASHINGTON AVE
MP
McLaughlin BA
Muskegon Township South
BEIDLER ST
WASHINGTON AVE CA IRWIN AVE HOWARD AVE
WINTERS ST
NEW ST
VINE AVE
ST
IRWIN AVE VINE AVE
GLADE ST
GRAND AVE
HUDSON ST
FLOWER AVE
AU
GRAND AVE
8TH ST
JIROCH ST
KINGSLEY ST
RN
KAMPENGA AVE BUSH AVE
FRANKLIN ST
SUMMERSET DR
US-31 NB
DIVISION ST
LEAHY ST
HA
CLINTON ST
CARLTON ST
SOUTHERN AVE NI
GRAND AVE M
BURTON ST
S FLEMING AVE
SHONAT ST
OAK PARK DR
TERRACE ST
ST
FOREST AVE
FOREST AVE EMERSON AVE
MESSLER ST
6TH ST
FOREST AVE
PINE ST
5TH ST
IRELAND AVE KREGEL AVE
FOREST AVE FOREST AVE
FOREST AVE Oakview
PECK ST
GLADE
IRELAND AVE
7TH ST
SOUTHLAND DR SOUTHLAND DR
DALE AVE
GLADE ST
JEFFERSON ST
DALE AVE
MANZ ST
DALE AVE DALE AVE
DALE AVE DALE AVE
MADISON ST
CRESTON ST
DALE AVE
BROADMOOR ST
ROBERTS ST
BURTON ST
LARCH AVE LARCH AVE EV
AURORA AVE AN
LARCH AVE ST
ON
SMITH ST
LARCH AVE AV
LEAHY ST
WIERENGO DR
LAKETON AVE E
JARMAN ST
LARCH AVE
SANFORD ST
PARK ST
ELWOOD ST
DYSON ST
TURNER AVE
LAKETON AVE
HOYT ST
FRANKLIN ST
NEVADA ST
CROWLEY ST
RAY ST
ALPHA AVE
TEMPLE ST
BURTON RD
KINSEY ST
CONTINENTAL ST
SUPERIOR ST
TABLE OF
Ê
1. Rehab and New Construction NEZMarsh
Acreage = 1,214.92± acres
Field
BARBARA ST
PORT CITY BL
MAP FEATURES
VALLEY ST
AUSTIN ST
HOLBROOK AVE
DOWD ST
ROUSE ST
HOLBROOK AVE
HOWDEN ST
HUIZENGA ST
SHELBY AVE
NEZ PERCENTAGES
BRUNSWICK ST
YOUNG AVE 2. New Construction NEZ Acreage = 48.56± acres
NEW CONSTRUCTION NEZ
HENRY ST
GLADE ST
VULCAN ST
YOUNG AVE
DISCLAIMER
OF TOTAL
CampbellCITY
Field ACERAGE
KEATING AVE
BARCLAY ST
Combined acreages of 1 & 2 = 1,263.48± acres KEATING AVE
REHAB & NEW CONSTRUCTION NEZ
GETTY ST
KEATING AVE KEATINGThe
AVEgeographic networking informationKEATING
contained in this map is NOT to be
AVE
BURTON RD
KEATING AVE
PARCELS 1 inch = 1,333 feet construed or used as "survey data" or for a "legal description"; it is provided
5TH ST
East Muskegon
THERESA ST
WILSON AVE WILSON AVE DELANO AVE for informational purposes only. Every effort has been made to ensure the
City of Muskegon acerage isNO9,595.42± acres
9TH ST
DELA highest accuracy of all data on this map, but some errors may occur.
RAILROADS
ELWOOD ST
AVE
REYNOLDS ST
SUPERIOR ST
HANCOCK AVE
JARMAN ST
HOWDEN ST
RIORDAN ST
0 500 1,000 1,500 2,000
HUDSON ST
DYSON ST
HARVEY ST
8TH ST
MAFFETT ST
7TH ST
West Percentage
Side East Side
BAKER ST
Overall NEZ Acreage of City Acreage = ±13.17% LAKES & PONDS Muskegon County GIS assumes no liability or responsibility for any errors,
RAY ST
LATIMER DR
HACKLEY AVE omissions or inaccuracies in the information provided regardless of the
AUSTIN ST
Feet
VALLEY ST
RIVERS & STREAMS
N
AREA OF NEZs INCLUDING ROW AREA
cause,
OW
STEIN ST
MANZ ST
6TH ST
KN
HACKLEY AVE
UN
Page 93 of 257
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To approve minutes of the July 22, 2025, City Commission Meeting.
Detailed Summary & Background:
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 94 of 257
CITY OF MUSKEGON
CITY COMMISSION MEETING
July 22, 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 PM, Tuesday, July 22, 2025.
Pastor Matt Luchenbill from the Cornerstone PCA 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 Jay
Kilgo, Willie German, Jr., Rachel Gorman, and Katrina Kochin, Deputy City
Manager LeighAnn Mikesell, City Attorney John Schrier, and City Clerk Ann
Marie Meisch
Absent: Commissioner Destinee Keener
2025-59 HONORS, AWARDS, AND PRESENTATIONS
A. Introduction of Jessica Grimm, Election Coordinator City Clerk
City Clerk Ann Marie Meisch introduced Jessica Grimm, our new Election
Coordinator, to the Commission and public.
2025-60 PUBLIC HEARINGS
A. Request to establish a Plant Rehabilitation District at 701 W. Laketon
Ave. Economic Development
Pursuant to Public Act 198 of 1974, as amended, SRS Fiberglass Products, 1041 E.
Laketon Ave., Muskegon, MI has requested the establishment of a Plant
Rehabilitation District for property located at 701 W. Laketon Ave., Muskegon,
MI.
SRS Fiberglass Products has submitted a request to establish a Plant
Rehabilitation District at 701 W. Laketon Avenue, the former Great Lakes Die
Cast facility.
Page 1 of 14
Page 95 of 257
SRS is in the process of launching a new company to support and expand their
current fiberglass product operations. The new entity plans to make significant
capital investments into rehabilitating the facility and anticipates creating over
50 high-paying jobs within the next two years.
According to Public Act 198 of 1974, as amended, the creation of a Plant
Rehabilitation District is a required first step before a business can apply for an
Industrial Facilities Tax (IFT) Exemption Certificate, which provides a property tax
abatement on qualified real property investments.
STAFF RECOMMENDATION: I move to close the public hearing and approve the
resolution establishing a Plant Rehabilitation District at 701 W. Laketon Ave. and
authorize the City Clerk and Mayor to sign.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Kilgo, second by Commissioner Kochin, to close the
public hearing and approve the resolution establishing a Plant Rehabilitation
District at 701 W. Laketon Ave. and authorize the City Clerk and Mayor to sign.
ROLL VOTE: Ayes: Kilgo, German, Gorman, Kochin, St.Clair, and Johnson
Nays: None
MOTION PASSES
B. Request to establish a Commercial Rehabilitation District at 1700 Oak
Ave. Economic Development
Pursuant to Public Act 210 of 2005, as amended, Muskegon-Central Park, LLC is
requesting the establishment of a Commercial Rehabilitation District (PA 210) at
1700 Oak Ave. to support further development at 1700 Oak Ave.
Muskegon-Central Park, LLC has submitted a request to establish a Commercial
Rehabilitation District at 1700 Oak Avenue. Establishing the district would
enable the property owner to apply for a Commercial Rehabilitation
Certificate under Public Act 210 of 2005. If approved, the certificate would
freeze the building’s taxable value and exempt new real property investment
from local property taxes for a period of up to 10 years, while school operating
taxes would still apply.
The proposed project involves the demolition of the former General Hospital
site and the construction of six (6) new three-story multi-family residential
buildings. The total capital investment is estimated at $21,000,000.
The development is expected to create three (3) permanent full-time jobs, and
approximately 100 construction jobs during the redevelopment phase.
This investment will revitalize a long-vacant site and support the continued
growth of high-quality housing options within the City.
STAFF RECOMMENDATION: I move to close the public hearing and approve the
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resolution establishing a Commercial Rehabilitation District at 1700 Oak Ave.
and authorize the City Clerk and Mayor to sign.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Vice Mayor St.Clair, second by Commissioner Kochin, to close the
public hearing and approve the resolution establishing a Commercial
Rehabilitation District at 1700 Oak Ave. and authorize the City Clerk and Mayor
to sign.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, and Kilgo
Nays: None
MOTION PASSES
PUBLIC COMMENT ON AGENDA ITEMS
Public comments received.
2025-61 CONSENT AGENDA
A. Approval of Minutes City Clerk
To approve minutes of the July 8, 2025, City Commission Meeting.
STAFF RECOMMENDATION: Approval of the minutes.
B. Filtration Plant Air Wash Variable Frequency Drives (VFDS)
Replacement Public Works
Staff is requesting authorization to purchase two Eaton variable frequency
drives (VFDs) to replace existing units for our filter backwash system at the
Water Filtration Plant.
The filter backwash system at the Water Filtration Plant has two air blowers,
each with a variable frequency drive (VFD) manufactured by Eaton. VFDs are
used to control the speed of the electric motors that drive the air blowers.
These VFDs were installed in 2004 and have reached the end of their expected
life. One of the two units began to fail last year and is showing continued signs
of failing. Due to their age, staff recommends replacing both units with Eaton
VFDs. Other bids were not solicited at this time because of the advantages to
staying with Eaton. This purchase is covered by the Water Filtration Plant’s
capital improvements budget, although the cost is about 35% higher than
budgeted. Staff will reforecast the budget accordingly at the next quarterly
opportunity. These repairs are critical to the function of the plant, and staff
expects the overage can be made up by savings on other items, keeping the
water department budget flat overall.
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• The existing VFDs are made by Eaton, reducing installation and startup
costs. Installation will be easier and less time-consuming due to the
similarity of the wiring for power and controls. Previous units already
replaced were integrated with our plant control system without any
major rewiring or reprogramming. In addition, by purchasing the two units
together, setup can be completed in a single visit from the Eaton field
technician, saving on startup costs.
• Operations and maintenance will be more efficient if all units are
identical. Interchangeable units mean fewer spare parts need to be kept
on hand, troubleshooting is easier, and downtime is minimized.
• The existing Eaton VFDs at the Water Filtration Plant have shown
exceptional performance and reliability. Nearly all the Water Filtration
Plant’s VFDs (over 20) are manufactured by Eaton. All of these 20+-year-
old units are at or beyond the expected lifetime of this equipment. Of the
few problems experienced with these units, most were able to be fixed
by our maintenance staff. This alone has saved thousands of dollars in
service calls over the last 20 years.
STAFF RECOMMENDATION: I move to authorize staff to purchase two Eaton
variable frequency drives (VFDs) to replace existing units for the filter backwash
system at the Water Filtration Plant at a cost of $67,556.00.
D. DWSRF Construction Engineering 2025 Public Works
Staff requests authorization to enter into a contract change order with Prein &
Newhof in the amount of $88,000 due to increases in the scope of the lead
service line replacement project that is part of the 2025 DWSRF program.
At the July 8, 2024 meeting the Commission approved award of a contract to
Gustafson HDD and the sale of bonds to finance the replacement of
approximately 1,300 lead service lines in the City. The original contract with
Prein & Newhof, the City's engineering consultant on the project,
contemplated about 1,000 service lines. Due to favorable bid pricing we were
able to award an additional 320 services lines in the construction contract to
bring the total to 1,320. Prein & Newhof is requesting an increase in their
contract related to construction engineering costs for the additional 400
service lines. Services include on-site inspection, grant and contract
administration, and environmental clearance work. The additional $88,000
requested is an eligible expense under the DWSRF program, so the City will
receive 25% principal forgiveness and the remainder will be included on the 20-
year bond with the other project expenses.
STAFF RECOMMENDATION: Move to authorize staff to enter into a contract
change order with Prein & Newhof in the amount of $88,000 due to increases in
the scope of the lead service line replacement project that is part of the 2025
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DWSRF program and authorize staff to sign.
Motion by Vice Mayor St.Clair, second by Commissioner Kilgo, to adopt the
consent agenda as presented minus items C, E, F, G, and H.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and German
Nays: None
MOTION PASSES
2025-62 ITEMS REMOVED FROM THE CONSENT AGENDA
C. Park Design Services Award DPW- Parks
Staff requests authorization to contract with Fleis & Vandenbrink in the amount
of $163,900 for park design and construction engineering services for
improvements at Richards, McGraft, Kruse and Hartshorn parks in accordance
with their proposal and the City's RFP.
An RFP was posted in June seeking proposals from qualified firms to help
complete 4 major park planning projects. Concepts were developed through
an expansive public engagement campaign in 2024, however staff need
assistance with site analysis and surveying, permitting, design development, bid
support and construction administration. The suggested improvements, which
were highlighted in our master plans include:
Richards Park - ADA kayak launch and paving for accessible parking and
approach to the launch; permitting is also required as the proposed area is
within the 100-year flood plain. This has been estimated at $200,000.
McGraft Park - Feedback in the master plan supports converting the tennis
courts to majority pickelball and new surfacing and fencing, and possibly site
lighting. Estimated at $390,000.
Kruse Park - Restoration of the beach access ramp that was lost in the 2020
high waters. EGLE permits will be required. An automated gate is also a high
priority for the community at the entrance of the park. Estimated at $380,000.
Hartshorn Park - Inspection of the current boat ramp and sheet pile wall to
support an accessible fishing feature. Estimated at $200,000.
All of these proposed improvements from the park master plans were based off
public engagement and received a unanimous vote of support to move
forward by the Parks & Recreation Advisory Committee. The cost estimates for
these improvements is inclusive of the park design services award. The timeline
for these projects is TBD, but they must be completed by December 2026.
We received 15 proposals for this project from qualified firms. The scoring
committee scored the firms using a matrix that included prior experience with
similar projects, firm staff experience in the field, their work plan and proposed
services, the location of the firm, and their submitted price. The scores are
shown below. Fleis & Vandenbrink scored highest, and staff recommends them
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as the best choice for this project at $163,900, due to their experience, project
understanding, and presence within the City of Muskegon. F&V worked with
the parks department on the splash pad construction which also included
grant administration. Staff was pleased with their efforts on community
engagement, attention to detail, responsiveness and prioritization of the
project.
Scoring:
Fleis & Vandenbrink 8.425
Fishbeck 7.875
Prein & Newhoff 7.875
Spicer Group 7.725
OCBA 7.6
Progressive 7.6
Abonmarche 7.525
DLZ 7.5
MCSA 7.5
Rowe 7.425
Williams & Works 7.4
Newak & Fraus 7.1
Tower Pinkster 6.9
Troyer Group 6.1
SKO 6.1
STAFF RECOMMENDATION: I move to authorize staff to contract with Fleis &
Vandenbrink in the amount of $163,900 for park design and construction
engineering services for improvements at Richards, McGraft, Kruse and
Hartshorn parks in accordance with their proposal and the City's RFP.
Motion by Commissioner Kochin, second by Commissioner Kilgo, to authorize
staff to contract with Fleis & Vandenbrink in the amount of $163,900 for park
design and construction engineering services for improvements at Richards,
McGraft, Kruse and Hartshorn parks in accordance with their proposal and the
City's RFP.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, German, and Gorman
Nays: None
MOTION PASSES
E. Amendment to the zoning ordinance - Extending the hours of operation
for marihuana retailers and provisioning centers. Planning
Request to amend Section 2331 of the zoning ordinance to allow marihuana
retailers and provisioning centers with approved drive-thru access to remain
open for drive-thru sales only between 12 a.m. and 2 a.m., by The Grassy Knoll.
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In April 2024, the applicant requested to amend the ordinance to be able to
operate 24 hours per day. The ordinance that was proposed was not well
written and would have eliminated any hours of operation for all other retail
stores. The request was ultimately denied. This request is much more well written
and should not cause any unintentional hardships for other marihuana retailers.
There are currently three approved drive-through locations within the
city. These are located at The Bodega (885 E Apple Ave), The Grassy Knoll
(2125 Lemuel St), and Greencraft (551 Young Ave).
Current Ordinance Excerpt
Section 2331: Marihuana Facilities Overlay District
3. Provisioning Centers, Retailers, Microbusinesses and Designated Consumption
Establishments may operate between the hours of 8 am and 12 am.
Proposed Ordinance (additions italicized)
Section 2331: Marihuana Facilities Overlay District
3. Provisioning Centers, Retailers, Microbusinesses and Designated Consumption
Establishments may operate between the hours of 8 am and 12 am. daily;
however, Provisioning Centers and Retailers with approved drive-thru access
may remain open for drive-thru sales only between the hours of 12 am and 2
am, provided all other applicable local, state, and safety regulations are met.
Current Drive-Thru Regulations
Section 2331: Marihuana Facilities Overlay District
3.d. Curbside/Drive-Thru. Curbside delivery is allowed at all retail sale locations
with an approved site plan that does not impede traffic or pedestrian safety.
Drive-thru's are allowed as a special use permitted under the following
conditions:
i. The underlying zoning designation must be B-2, B-4, MC, I-1, I-2 or any Form
Based Code designation/building type that allows for drive-thru businesses.
ii. Drive-thru windows must be located on private property. Streets and alleys
may only be used for the movement of traffic and may not be used for drive-
thru vehicular stacking.
iii. A traffic study must be performed showing the anticipated number of
stacking spaces and where they would be located on site.
Staff Recommendation
Staff do not have a recommendation on whether marihuana establishments
should be open longer. However, the proposed ordinance is well written and
could be incorporated into the ordinance properly. Staff do have some
concerns about the applicant's ability to follow the established guidelines. Staff
have had discussions with the applicant for the past couple of years about their
desire to host temporary campground events on-site during special events
around the city. That use type is not allowed in their zoning district (I-1) and
would need an amendment for them to proceed. Staff have discovered that a
beach event in August is advertising overflow camping at The Grassy Knoll.
Planning Commission Recommendation
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A motion was made to approve the request to allow marihuana retailers and
provisioning centers with approved drive-thru access to remain open for drive-
thru sales only between 12 a.m. and 2 a.m. However, the motion failed (5 no, 1
yes, 3 absent).
STAFF RECOMMENDATION: I move to deny the request to amend Section 2331
of the zoning ordinance to allow marihuana retailers and provisioning centers
with approved drive-thru access to remain open for drive-thru sales only
between 12 a.m. and 2 a.m.
Motion by Commissioner Kochin, second by Commissioner Kilgo, to approve
the request to amend Section 2331 of the zoning ordinance to allow marihuana
retailers and provisioning centers with approved drive-thru access to remain
open for drive-thru sales only between 12 a.m. and 2 a.m.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, German, Gorman, and Kochin
Nays: None
MOTION PASSES (REQUIRES SECOND READING)
F. Amendment to the zoning ordinance - Allowing churches as a permitted
use in civic buildings in the Form-Based Code, Downtown context
area. Planning
Request to amend Section 2005.05 of the Form-Based Code to allow churches
as a permitted use in civic buildings in the Form-Based Code, Downtown
context area, by Century Club Development, LLC.
Churches are not currently a permitted use in the Form Based Code,
Downtown (FBC-DT) context areas. There are two building types allowed in the
FBC-DT context areas - Mixed-use and Civic buildings. Churches are allowed in
the other FBC context areas, but only in civic buildings. Other uses allowed in
civic buildings include galleries and train stations. This request is to amend the
ordinance to allow churches in civic building types in the FBC, DT context area.
Staff believe that the Century Club can be defined as a civic building. The
building was dedicated in January 1889 for the Muskegon Club and became
the Century Club in January 1901. Historically, the building served as a social
club formed by Muskegon’s business leaders; some early club presidents
included business/community leaders Charles Hackley, John Torrent, Lyman
Mason, and A. V. Mann. The Club included, at one point, over 550 total
members and was considered the center of business life of the community.
Closed in 1991, retail activity in the building was introduced in the mid-2000s
following the demolition of the Muskegon Mall.
Staff Recommendation
Staff do not have a recommendation on whether churches should be allowed
in the FBC-DT context area. There currently are not any churches located within
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any of these designated properties, so it would not bring any non-conforming
churches into conforming status. There are pros and cons to the request. The
pro is that it would facilitate a sale of a specific building that has had a tough
time selling with its existing retail uses. The cons would include the elimination of
property taxes and potentially reducing the number of days the buildings
would be used, reducing foot traffic and activity in the downtown.
Planning Commission Recommendation
A motion was made to deny the request to amend Section 2005.05 of the
Form-Based Code to allow churches as a permitted use in civic buildings in the
Form-Based Code, Downtown context area. The motion passed (5 yes, 1 no, 3
absent).
STAFF RECOMMENDATION: I move that the request to amend Section 2005.05 of
the Form-Based Code to allow churches as a permitted use in civic buildings in
the Form-Based Code, Downtown context area be denied.
Motion by Commissioner Kilgo, second by Commissioner Kochin, to move that
the request to amend Section 2005.05 of the Form-Based Code to allow
churches as a permitted use in civic buildings in the Form-Based Code,
Downtown context area be denied.
ROLL VOTE: Ayes: Johnson, Kilgo, German, Gorman, Kochin, and St.Clair
Nays: None
MOTION PASSES
G. Amendment to the zoning ordinance - Allowing marinas as a permitted
use in Form-Based Code, Lakeside Mixed Residential districts. Planning
Staff-initiated request to amend the zoning ordinance to allow marinas as a
permitted use in Form-Based Code, Lakeside Mixed Residential districts.
This request was brought about after staff had contact with a couple of
property owners about land use issues on their properties. If this request is
approved, staff will look to rezone several properties in the current Waterfront
Marine (WM) district along Lakeshore Dr to Form Based Code, Lakeside Mixed
Residential (FBC-LMR) at a future meeting.
The owner at 2984 Lakeshore Dr wanted to demo and rebuild his house.
However, residential uses are not allowed in the WM district and the existing
house was considered legally non-conforming (grandfathered). The owner was
forced to seek a variance to rebuild the house and the request was eventually
approved. The new house plans were approved, but the new house would
have to meet the existing setbacks in WM, which is 10/14 (side setback
requirement) for a two-story house. Residential setbacks are usually much
smaller, such as five feet in many districts. There are eight houses located in the
WM district, all of which are considered legally non-conforming. With this
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current zoning, all property owners will have difficulty rebuilding, putting on
additions and possibly even refinancing.
The owner at 3092 Lakeshore Dr. demoed the existing house on site and wants
to build a multi-family house, between 6-8 units. This is not allowed since
residential is not a permitted use in the WM district.
Staff are not exactly sure why the entire area was zoned WM, but it has been
that way since at least 1986. Were these residential properties hoping to have
marinas added to their properties? Was it zoned in an effort to transform this
area into strictly marina and phase out residential? Without having a clear
answer, staff decided to hold a focus group among the property owners to see
what their vision was for their properties moving forward. At the meeting, it was
discovered that most of the homeowners wanted to continue to stay strictly
residential. A couple of the homeowners wanted to stay residential, but add a
marina to the property. All the homeowners stated that they did not have an
objection to allowing residential with a higher density than single-family.
After the focus group meeting, it was clear that the best path forward would
be to allow multi-family residential and marinas on these properties. The FBC-
LMR district allows for small multiplexes (up to six units) but it does not allow for
marinas. Staff are proposing to amend the ordinance to make marinas a
permitted use in this context, then to rezone these eight properties to FBC-LMR.
A clause was added to the amendment that states "marinas are a permitted
use on properties with Muskegon Lake waterfront frontage." This will eliminate
the possibility of any FBC-LMR properties without lake frontage to storage boats
on their properties. The master plan supports both WM and FBC-LMR as they
both fit the description of a lakeshore that allows for mixed-uses.
Planning Commission Recommendation
A motion was made to recommend the request to amend the zoning
ordinance to allow marinas as a permitted use in Form-Based Code, Lakeside
Mixed Residential districts. The motion passed (6 yes, 0 no, 3 absent).
STAFF RECOMMENDATION: I move to approve the request to amend the zoning
ordinance to allow marinas as a permitted use in the Form-Based Code,
Lakeside Mixed Residential districts.
Motion by Commissioner Kilgo, second by Commissioner Kochin, to approve
the request to amend the zoning ordinance to allow marinas as a permitted
use in the Form-Based Code, Lakeside Mixed Residential districts.
ROLL VOTE: Ayes: Kilgo, German, Gorman, Kochin, St.Clair, and Johnson
Nays: None
MOTION PASSES (REQUIRES SECOND READING)
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H. Allen Edwin/Green Development Ventures Lot Purchase and
Development Agreement Economic Development
Allen Edwin Homes, through their subsidiary Green Development Ventures is
seeking a contract to purchase and develop 22 City-owned vacant lots for
MSHDA regulated rental housing.
In 2023, City staff assisted Muskegon County and Allen Edwin Homes to reach a
real estate deal in order to utilize the newly passed scattered site housing
payment-in-lieu-of-taxes (PILOT) amendment to the MSHDA Act which allows
the addition of single-family detached housing in neighborhoods with MSHDA
rent limits. These limits dictate the rent be held under the MSHDA imposed limit
for 120% Area Median Income (AMI). The City passed a resolution for housing
exemption along with a restrictive covenant on the subject properties, and the
county land bank entered into a purchase and development agreement with
Allen Edwin. This arrangement has worked out well for all parties, with AE
underway or complete on 17 of the contracted 34 homes and providing the
community with larger format single-family rental units. The units are primarily 4
bedroom, 2 bathroom single-family homes.
The purchase and development agreement is the same format, but for City-
owned lots as opposed to properties owned by the County land bank. Allen
Edwin is happy with the progress they have seen with the County agreement
and is seeking the opportunity to make further housing investment. The
agreement compels them to build at a pace of 8 homes a year for a period
not exceed 5 years, as some lots may be split to accommodate more units.
Closing on any of the lots is contingent on the future passage of a resolution
and restrictive covenant on the lots to allow a PILOT. As we have approved
with other groups, the statute required PILOT rate would be 10% of shelter rents
for a period of 15 years. This allows us to approve the agreement and wait to
pass the PILOT until after Allen Edwin has had the opportunity to complete any
due diligence, so that way if there are any lots with concerns they can choose
to not take them and we keep them on the normal tax roll, as opposed to
approving a PILOT for something that doesn't get built.
STAFF RECOMMENDATION: Motion to approve the Lot Purchase and
Development Agreement between Green Development Ventures, LLC and the
City of Muskegon as presented and to authorize the Mayor and Clerk to sign.
Motion by Commissioner Kochin, second by Commissioner Kilgo, to approve
the Lot Purchase and Development Agreement between Green Development
Ventures, LLC and the City of Muskegon as presented and to authorize the
Mayor and Clerk to sign.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, and Kilgo
Nays: None
MOTION PASSES
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2025-63 NEW BUSINESS
A. Service Agreement With City Wise Software Economic Development
City Staff are proposing a partnership with City Wise Software to create and
maintain a resource for residents and potential residents to locate affordable
rental housing options.
For the last several months staff have been working with the ownership of City
Wise to propose a service agreement to the Commission to deliver a resource
directory for people in the community to find rental housing. Their platform uses
the branding and domain entity of their public sector partner (.org, .gov, etc.)
to construct and maintain the directory. The City IT Director has reviewed the
terms of the agreement to make sure we are properly secured from a domain
security standpoint and found it satisfactory. The City would have no costs or
maintenance responsibilities to the site; City Wise staff manage the entire
service and generate revenue by soliciting subscriptions from property owners
in the community. The advantage to the owners is that City Wise is a small
fraction of the cost of competitors such as Apartments.com, which is
inaccessible for smaller complexes or single-family units which make up a
significant portion of our rental stock.
Further, the service is offered to landlords who own under 20 units at no cost,
making it easy and accessible for local developers to participate. The results for
a given community are randomized with every visit to the site, so there is no
way to pay for optimization or preferential treatment on the platform. Users of
the service can organize the results by price point, if it is affordable or market
rate, number of bedrooms, and other factors. Additionally, city partners can
import any publicly available code enforcement reports for users to review,
increasing transparency. The site also geolocates all of the results on a map of
the City.
The agreement obligates City Wise to the following deliverables:
City Wise commits to:
• Hosting Housing Website:
o Host a housing website for City, on a subdomain of the City’s main
website, muskegon-mi.gov, including associated data, tables, and
login pages as part of the proprietary licensed software owned.
• Technology Integration:
o Collaborate with the City to embed the Technology in a
subdomain of City's existing website, maintaining the City website's
"look and feel" during user transitions to the Technology.
• Searchable Database Development:
o Construct a searchable database within the application for listing
properties available to the public. Customize search fields to align
with City's neighborhoods and terminology.
• Marketing of Housing Website:
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o Promote the housing website to prospective property listers
through targeted advertising, including local advertising, direct
mail, phone calls, and face-to-face sales visits.
• Listing Fees Collection:
o Collect Listing Fees, subject to City's approval (withholding
approval not unreasonably).
• User Agreement Development:
o Only using user agreements approved by the City, and to
collaborate with City to develop such user agreement including,
but not limited to:
▪ a. Disclaiming City’s responsibility for and highlighting the
absence of any recommendation or guarantee regarding
property listings or physical properties.
▪ b. Requiring user compliance with all applicable laws,
rules, and regulations.
▪ Prepare and deliver quarterly reports on site statistics
to City, including, at a minimum, the number of
subscribers and property listings.
▪ Provide product support to City and users through a
customer service email account.
▪ Include in the customized site:
▪ Property listing fields allowing up to three (3) photos or
graphic images of listed properties, linked to maps, and
property manager emails.
▪ Regularly install Technology upgrades to the Technology,
notifying City of relevant upgrades via email.
▪ Perform regular monthly backups of site data.
STAFF RECOMMENDATION: Motion to approve the Service and License
Agreement between City Wise Software, LLC and the City of Muskegon as
presented and authorize the Mayor and Clerk to sign.
Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to approve
the Service and License Agreement between City Wise Software, LLC and the
City of Muskegon as presented and authorize the Mayor and Clerk to sign.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, and Kilgo
Nays: None
MOTION PASSES
ANY OTHER BUSINESS
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Vice Mayor St.Clair shared that after the last Commission meeting she was
singled out on Facebook for the unanimous Commission decision on water
rates. Please think about the impact of your posts.
Commissioner Kilgo stated he fully supports Vice Mayors words. He also stated
he attended the Lakeshore Drive Rehabilitation Conversation that was this
week and was asked by the public if this was set in stone.
Mayor Johnson stated that Engineering has not been done on this project yet.
Community Engagement Manager Deborah Sweet replied that there are
additional engagements planned for this project.
Commissioner Kochin stated she heard encouraging comments at the
engagement. She also announced the Pooch Parade in Glenside at the
McGraft Bandshell is on Wednesday, July 23rd at 6:00 p.m.; and National Night
Out is Tuesday, August 5th, at 6:00 p.m. at Marsh Field.
Mayor Johnson asked staff to check into incorporate creating view sheds on
Muskegon Lake.
GENERAL PUBLIC COMMENT
Public comments received.
ADJOURNMENT
The City Commission meeting adjourned at 8:17 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Sale of 577, 695, 723 Amity and 461 White
Submitted by: Samantha Pulos, Code Department: Planning
Coordinator
Brief Summary:
Staff is seeking authorization to sell the City-owned vacant lots at 577, 695, and 723 Amity as well as
461 White to Robert Muusse.
Detailed Summary & Background:
Robert Muusse would like to purchase the City-owned buildable lots at 577, 695, and 723 Amity as
well as 461 White for $12,150 (75% of the True Cash Value of $16,200) plus half of the closing costs,
and the fee to register the deed. Robert Muusse will be constructing a single-family home on each of
the properties, for a total of 6 homes.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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 lots at 577, 695, 723 Amity and 461 White to Robert
Muusse.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x Master Plan, Zoning Ordinance, Policy for the Use
Head & Sale of City-Owned Residential Property
Information
Technology
Other Division Heads x
Communication
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Legal Review
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PURCHASE AND DEVELOPMENT AGREEMENT
This Purchase and Development Agreement (“Agreement”) is made August 12th, 2025 (“Effective
Date”), between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street,
Muskegon, Michigan 49440 (“City”), and Robert Muusse, of 3465 Palmer Dr, Saugatuck MI, 49453,
(“Developer”), with reference to the following facts:
Background
A. City is the owner of four (4) buildable lots, being 577 Amity, 695 Amity, 723 Amity, and
461 White, more specifically described in attached Exhibit A. Prior to closing, City shall split one or more
of the lots into six (6) lots, more specifically described in attached Exhibit B.
B. Developer proposes to purchase and develop the six (6) vacant lots owned by City, which
are all located in the City of Muskegon, Muskegon County, Michigan, and each commonly known and
legally described on the attached Exhibit B (each property individually, a “Parcel” and collectively “Project
Properties”).
C. City and Developer desire to establish the terms, covenants, and conditions upon which
City will sell and Developer will purchase and develop the Project Properties. Developer intends to develop
on each of the Project Properties a single-family house (the “Project”).
Therefore, for good and valuable consideration, the parties agree as follows:
1. Sale and Purchase of Project Properties. 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 $12,150.00,
which shall be paid in cash or other immediately available funds at Closing (defined below) less the $500
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 twenty-four (24) 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 Properties, 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.
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As referenced above, Developer shall be eligible for reimbursement of all or a portion of the
purchase price for the Project Properties 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 Properties. 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.
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 577 Amity, Developer would be reimbursed $1,440.00,
which is 60% of the $2,400.00 purchase price for this Parcel. If Developer completes all five
design standards, Developer would be reimbursed the entire 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 house on each of the
Project Properties, the quit claim deed conveying the Project Properties to Developer shall contain a right
of reversion in all of the Project Properties (“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 Properties 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 Properties 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
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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
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 Properties. 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.
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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
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,
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affecting Developer or any of Developer's assets or properties, 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:
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
Properties 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
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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
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
To Developer: Robert Muusse
3465 Palmer Dr
Saugatuck MI, 49453
Email: robertmuussebuilder@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.
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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 ROBERT MUUSSE
By: _______________________________ By: _______________________________
Name: Ken Johnson Name: ROBERT MUUSSE
Title: Mayor Dated: __________________
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 1903 E ½ LOT 1 AND 14 BLK 44
Address: 461 WHITE AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-044-0001-10
Price: $3,000.00
(TO BE SPLIT INTO TWO BUILD-ABLE LOTS)
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 44 FT OF N 165 FT OF
LOT 4 BLK 51
Address: 723 AMITY AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-051-0004-00
Price: $3,000.00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 E 80 FT OF N 1/2 LOT 8 &
N 32 FT OF S 132 FT OF E 1/2 LOT 8 BLK 51
Address: 695 AMITY AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-051-0008-10
Price: $3,750.00
(TO BE SPLIT INTO TWO BUILD-ABLE LOTS)
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 E 44 FT LOT 3 & W 44 FT
OF E 110 FT OF N 33 FT LOT 5 BLK 53
Address: 577 AMITY AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-053-0003-20
Price: $2,400.00
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Exhibit B
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 1903 N ½ OF E ½ LOT 1 AND 14 BLK
44
Address: 461 WHITE AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-044-0001-10
Price: $1,500.00
Legal Description: CITY OF MUSKEGON REVISED PLAT 1903 S ½ OF E ½ LOT 1 AND 14 BLK
44
Address: 801 WILLIAMS ST, MUSKEGON, MI 49442
Parcel #: TBD
Price: $1,500.00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 44 FT OF N 165 FT OF
LOT 4 BLK 51
Address: 723 AMITY AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-051-0004-00
Price: $3,000.00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 E 40 FT OF N 1/2 LOT 8 &
N 32 FT OF S 132 FT OF E 40FT LOT 8 BLK 51
Address: 695 AMITY AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-051-0008-10
Price: $1,875.00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 40 FT OF E 80 FT OF N
1/2 LOT 8 & N 32 FT OF S 132 FT OF E 1/2 EXC E 40 FT LOT 8 BLK 51
Address: 691 AMITY AVE, MUSKEGON, MI 49442
Parcel #: TBD
Price: $1,875.00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 E 44 FT LOT 3 & W 44 FT
OF E 110 FT OF N 33 FT LOT 5 BLK 53
Address: 577 AMITY AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-053-0003-20
Price: $2,400.00
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Sale of 619 Amity
Submitted by: Samantha Pulos, Code Department: Planning
Coordinator
Brief Summary:
Staff is seeking authorization to sell the City-owned vacant lot at 619 Amity to Four Properties LLC.
Detailed Summary & Background:
Four Properties LLC (Tyce VanNoord) would like to purchase the City-owned buildable lot at 619
Amity for $3,750 (75% of the True Cash Value of $5,000) plus half of the closing costs, and the fee to
register the deed. The parcel will be split into three buildable lots. Four Properties LLC will be
constructing a duplex and an accessory dwelling unit (ADU) on two of the properties, and a duplex
only on the third property; for a total of three duplexes and two ADUs.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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 619 Amity to Four Properties LLC.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x Master Plan, Zoning Ordinance, Policy for the Use
Head & Sale of City-Owned Residential Property
Information
Technology
Other Division Heads x
Communication
Legal Review
Page 120 of 257
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PURCHASE AND DEVELOPMENT AGREEMENT
This Purchase and Development Agreement (“Agreement”) is made August 12th, 2025 (“Effective
Date”), between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street,
Muskegon, Michigan 49440 (“City”), and Four Properties LLC, a Michigan limited liability corporation,
of 6049 Clyde Park Ave SW, Byron Center, MI 49315, (“Developer”), with reference to the following facts:
Background
A. City is the owner of one (1) buildable lot, being 619 Amity, more specifically described in
attached Exhibit A. Prior to closing, City shall split the lot into three (3) lots, more specifically described
in attached Exhibit B.
B. Developer proposes to purchase and develop the three (3) vacant lots owned by City, which
are all located in the City of Muskegon, Muskegon County, Michigan, and each commonly known and
legally described on the attached Exhibit B (each property individually, a “Parcel” and collectively “Project
Properties”).
C. City and Developer desire to establish the terms, covenants, and conditions upon which
City will sell and Developer will purchase and develop the Project Properties. Developer intends to develop
on two of the Project Properties a duplex and an accessory dwelling unit, and one of the Project Properties
a duplex only; for a total of three (3) duplexes and two (2) accessory dwelling units (the “Project”).
Therefore, for good and valuable consideration, the parties agree as follows:
1. Sale and Purchase of Project Properties. 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 $3,750.00,
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 twenty-four (24) 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 Properties, including single-family homes, duplexes, triplexes, and
accessory dwelling units, shall be in substantial conformance with its plans and specifications
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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 Properties 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 Properties. 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.
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 619 Amity, Developer would be reimbursed $2,250.00,
which is 60% of the $3,750.00 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 of the Project Properties, the
quit claim deed conveying the Project Properties to Developer shall contain a right of reversion in all of the
Project Properties (“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 Properties 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 Properties 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
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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
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 Properties. 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
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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
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.
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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 properties, 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:
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
Properties 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.
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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
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
To Developer: Four Properties LLC
6049 Clyde Park Ave SW, Byron Center, MI 49315
Cell: 616-729-2595
tyce@completeroofingrepair.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.
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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 Four Properties LLC
By: _______________________________
By: _______________________________ Name: TYCE VANNOORD
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(S) 3, 4 & E 1/4 LOT 5
BLK 52
Address: 619 AMITY AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-052-0003-00
Price: $3,750.00
(TO BE SPLIT INTO THREE BUILD-ABLE LOTS)
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Exhibit B
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 E 50 FT LOT 3 BLK 52
Address: 609 AMITY AVE, MUSKEGON, MI 49442
Parcel #: TBD
Price: $1,250.00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 13.5 FT LOT 3 & E 36.5
FT LOT 4 BLK 52
Address: 619 AMITY AVE, MUSKEGON, MI 49442
Parcel #: TBD
Price: $1,250.00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 28 FT LOT 4 & E ¼ LOT
5 BLK 52
Address: 629 AMITY AVE, MUSKEGON, MI 49442
Parcel #: TBD
Price: $1,250.00
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Filtration - Hypochlorite Storage Tank Liner
Installations
Submitted by: Joshua Parmer, Water Filtration Department: Public Works
Brief Summary:
Staff is requesting authorization for the installation of two PVC liners for two hypochlorite storage tanks
at the Water Filtration Plant from Wagner Enterprises Inc.
Detailed Summary & Background:
The Water Filtration Plant uses sodium hypochlorite in the production of drinking water. The
application of sodium hypochlorite is one of several crucial processes used to inactivate or remove
pathogens from the water. Our current storage tanks were originally installed in 1997 and are showing
signs of delamination on the interior walls. Replacing both tanks at this time would require significant
building alterations, including removal of the roof, piping, and electrical components that are
currently in the way. With the current configuration of the storage space, the installation of liners was
their recommendation to extend the life of the tanks without undergoing significant building
alterations to install new tanks. The installation of liners will also significantly reduce any downtime
needed to extend the life of these tanks when compared to re-coating them with more fiberglass or
similar materials. Fiberglass repairs have been undertaken in the past, but these repairs fail relatively
quickly and do not provide a long-lasting solution.
Wagner Enterprises Inc is the manufacturer’s representative for all of our Belding chemical storage
tanks, including the hypochlorite tanks. Other bids were not solicited at this time, as staff feels Wagner
Enterprises's experience with our specific tanks is invaluable. This should make for a smooth installation
process as they are familiar with the construction and material of the current tanks. The Water
Filtration Plant has used an average of 456 tons of liquid sodium hypochlorite in the previous two fiscal
years and is a critical component in producing safe drinking water for the City of Muskegon and our
surrounding wholesale communities.
Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Maximized efficient use of existing infrastructure
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
$78,430.00 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
591-901-801-92034 Yes No X N/A
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Recommended Motion:
I move to authorize staff to contract with Wagner Enterprises Inc for the installation of two PVC liners
in two hypochlorite storage tanks at the Water Filtration Plant.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X
Head
Information
Technology
Other Division Heads
Communication
Legal Review
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July 16, 2025
Quote #70,377 – R1
City of Muskegon Water Filtration
1900 Beach St.
Muskegon, MI 49441
REF: PVC LINER FOR (2) CLOSED TOP FRP TANKS – MUSKEGON, MI
Attn: Josh Parmer Ph: 231-724-4105 Email: joshua.parmer@shorelinecity.com
Estimated Lead-Time: approximately 10 to 12 weeks depending on production schedule and material supply when
order is placed.
Allow 15-20 working days to receive prints for approval after onsite measurements are taken
Terms: Net 30 days after completion of fabrication
Applicable State or Local taxes are not included.
F.O.B.: Muskegon, MI
To be Shipped Via: Best Way
Salesperson: Michael Mastracci / Kelly LaFehr
Quote valid for: 30 days
We are pleased to submit our proposal for the following:
PVC TANK LINER
Qty 2 – One (1) 40 mil (.040") PVC #328 NSF-61 closed top liner for a tank 144” diameter x 171” deep with domed
top, inside dimensions.
Including the following per tank:
• One layer of 30 mil (.030") plastic sheeting for installation between tank bottom and liner. Sheeting will
prevent any damage to the liner if the tank surface is slightly rough.
• Flexible, flanged tubes to line 9 flanged fittings (two manways and nine smaller fittings)
• All necessary materials for suspending a closed top liner in a closed top tank.
• Supervisor and crew to install this liner in a closed top FRP tank. Including all travel and living expenses
• Overnight water test
• Site visit to take measurements and discuss any changes that might need to be made to accommodate our
liner.
• The grinding and smoothing off of all fittings and brackets prior to the liner being installed.
• Approximate installation time based on supplying one installation supervisor two helpers 2 ½ - 3 days.
PRICE: $39,215.00 each tank TOTAL (2): $78,430.00
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July 16, 2025
Quote #70,377 – R1
Page 2 of 2
This proposal is based on information and on specifications supplied for bidding and our interpretation of that
information, along with our recommendations and/or changes for fabrication. Prices are subject to review and
possible adjustment for any changes made that deviate from the outline given.
This proposal DOES NOT include any of the following unless noted above:
A. Unloading or Installation of equipment, or any required permits.
B. Hold down bolts / anchors.
C. All fasteners and gaskets.
D. Any electrical, instrumentation, exterior piping, piping hook up, valves, pumps, etc.
E. Testing such as; Hydro Test, Physical Testing, A/E Test, etc.
F. Design calculations, stamped or un-stamped.
If we can be of any further service to you, please contact us.
Sincerely,
WAGNER ENTERPRISE, INC.
MICHAEL MASTRACCI
Cell: 586-864-2697
Email: mike@wagnerenterprise.com
MM/kl
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Filtration - Powder Activated Carbon (PAC)
Submitted by: Joshua Parmer, Water Filtration Department: Public Works
Brief Summary:
Staff requests authorization to purchase Powder Activated Carbon (PAC) from Water Solutions
Unlimited for $33,290.
Detailed Summary & Background:
PAC is added to the water at the beginning of the treatment process during the summer and
fall to remove taste and odor compounds. For many years, PAC was purchased from Water
Solutions Unlimited, and they supplied the plant with whatever product was available. In 2023,
staff spent time searching for a product that would be optimal for our water, and after much
research, AquaSorb CB3-MW was selected. AquaSorb CB3-MW was used throughout 2023
and 2024, and the lack of customer complaints related to taste and odor indicated staff’s
research paid off, and the product is effective. Also, due to the higher quality product, the
water plant used approximately 2,000lbs less PAC compared to previous years. Staff is
recommending the purchase and use of AquaSorb CB3‐MW for another season. This is the one
treatment chemical that isn’t purchased as part of the treatment chemical purchasing
consortium. Staff solicited quotes from five suppliers. Three suppliers were unable to provide
quotes: Haviland is the most expensive, Water Solutions Unlimited was the lowest provided
quote and AquaSorb CB3‐MW has proven to be an effective product. This is budgeted as
part of our treatment chemical purchases.
Supplier Product Cost
Activated Carbon GC WaterCarb No quote provided
Water Solutions Unlimited AquaSorb CB3‐MW $33,290
Calgon WPH1000 No quote provided
Haviland Products Company Havatreat 247 $50,080
Carb USA No NSF Product Available No quote provided
Additional reasons for the recommendation of AquaSorb CB3-MW include the following:
• General Carbon’s product is a bituminous coal‐based PAC. Research indicates it can
effectively remove taste and odor compounds, but it can also have the potential to
impart its own taste and odor to the water. AquaSorb is a more environmentally
friendly blend of coconut/wood/coal products compared to solely bituminous coal
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products, and has been shown to be effective for a broader range of compounds.
• AquaSorb has been shown to effectively remove Geosmin and MIB, two major
contributors to tastes and odors in drinking water. Geosmin was detected in the water
in 2022.
• AquaSorb has been shown to effectively remove microcystins, a toxin produced by
cyanobacteria. While microcystins have only been infrequently detected in incredibly
low quantities in our lake water, it is an emerging problem. We will benefit from having
a product on hand that can aid in the removal of microcystins if needed.
• Data suggests that AquaSorb is effective at lower doses. We have had issues in the past
with blockages developing in our carbon feed pipelines when we feed higher doses.
Goal/Action Item:
2027 Goal 4: Financial Infrastructure
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
$33,290.00 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
591-558-739 Yes No X N/A
Recommended Motion:
I move to authorize staff to purchase powder activated carbon (AquaSorb CB3‐MW) from Water
Solutions Unlimited for $33,290.00.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 136 of 257
City of Muskegon WFP June 12, 2025
1900 Beach St.
Muskegon, MI 49441
Water Solutions Unlimited Chemical Pricing
Product Price Package
Aquasorb CB1 $2.28 per lb. 44 lb. bag
Aquasorb CB3 $2.07 per lb. 44 lb. bag
Delivery is $85.00. Please allow 1 week for delivery. If you have any questions, please
contact me.
Russ Teders
Water Solutions Unlimited
8824 Union Mills Drive
Camby, IN 46113
Office 1-800-359-3570
Cell 1-419-615-3441
getwsu.com
1-800-359-3570
P.O. Box 157
8824 Union Mills Drive
Camby, IN 46113
Page 137 of 257
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Ordinance Amendment: Curfew
Submitted by: Timothy Kozal, Public Safety Department: Public Safety
Director
Brief Summary:
The police department recommends changing the City of Muskegon's Curfew Ordinance definition
of any minor under the age of 16 years of age or younger to under the age of 17 years of age or
younger. This will follow suit with the State of Michigan's change of the definition of juvenile from 17 to
18 to ensure 17-year-olds are protected under the curfew ordinance.
Detailed Summary & Background:
In 2021, in accordance with the Michigan Juvenile Justice Reform Act of 2018, the definition of
juvenile changed from age 17 and under to 18 and under in MCL Section 712A.1. The police
department recommends changing the City of Muskegon's Curfew Ordinance definition of any
minor under the age of 16 years of age or younger to under the age of 17 years of age or younger.
This will follow suit with the State of Michigan's change of the definition of juvenile to ensure 17-year-
olds are protected under the curfew ordinance.
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
0 Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
I move to change Chapter 54, Article VII, Section 54-241 of the Code of Ordinances from any minor
16 years of age or younger to any minor 17 years of age or younger.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Chapter 54, Article VII, Section 54-241
Head
Information
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Technology
Other Division Heads
Communication
Legal Review
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Downtown Muskegon Social District
Expansion Request
Submitted by: Deborah Sweet, Community Department: Community Engagement
Engagement Manager
Brief Summary:
Muskegon City Market, LLC (221 W Webster Ave) and Hackley Castle (349 W Webster Ave) have
formally requested to expand the social district to include their establishments.
Detailed Summary & Background:
On behalf of Muskegon City Market and Hackley Castle, staff are requesting an expansion of the
Downtown Muskegon Social District. The proposal is to expand the district to include an additional
block on Third St from Webster to Muskegon Ave, Webster from 4th to 1st, and 2nd St and 1st St from
Clay to Webster (see map).
Staff believe the proposed expansion design will simplify the district boundaries, making them more
intuitive for patrons. The updated outline better aligns the southern edge and includes the Hackley
Castle within the district footprint from the start.
Please note: Hackley Castle will not be added to the social district at this time, but this adjustment
makes them eligible for inclusion in the future without requiring a formal expansion—streamlining
administrative processes. The next agenda item is the formal request to permit Muskegon City
Market, LLC, into the Downtown Muskegon Social District. MLCC has confirmed that approving both
of these items in one meeting is allowed.
Staff have contacted all current businesses within the social district. Feedback has been
overwhelmingly positive, except for one business expressing concern that the expansion may dilute
the district and doubting that patrons will travel from the expanded area to purchase social district
beverages.
Historic Social District Changes
• Summer 2020 | Downtown Muskegon Social District Plan was approved
• April 2021 | The plan was amended to remove the property at 490 W. Western Avenue,
owned by Port City CIO Building Association, which requested removal because special non-
profit licenses could not be issued inside of a social district in the initial law.
• April 2022 | The plan was amended on April 26, 2022, to add Hackley Park, areas along Clay
Avenue from Second to Fourth Streets, and the property at 490 W. Western Ave., owned by
Port City CIO Building Association.
• May 2024 |At the May 28, 2024, Commission Meeting, the Social District Expansion proposal
failed. The proposal was to extend the Downtown Muskegon Social District across Shoreline
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Drive to allow the Shoreline Inn, the Lakehouse, and the Brewer’s Lounge by Pigeon Hill to join.
The common area would cross Shoreline at 5th St and 3rd St, be on the bike trail from 5th to
3rd, and follow the sidewalk up Terrace Point Rd.
o Discussion on the topic noted safety concerns regarding crossing Shoreline Drive and a
request to see the timing of the crosswalks adjusted by MDOT, and potential problems
with additional trash being left along the trail. Update from MDOT since that meeting:
Pedestrian signals along Shoreline Drive were originally set to allow crossing only to the
median in one signal cycle. Last year, the signals at Terrace Point Rd/3rd St, 4th St, 7th
St, and Western Ave were adjusted to allow full crossings in a single Walk signal. The
Terrace St intersection remains unchanged due to its longer distance and wider, more
protected median, which would require significantly longer red lights and could
increase traffic delays. It's also important to note that Walk signals are activated only
when pedestrians press the push button—without it, no signal is given, and crossing isn't
advised.
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
The current expansion request includes an expansion up to Muskegon Ave. The previous request was
an expansion across Shoreline Dr.
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:
to approve the amended Downtown Muskegon Social District plan and map as presented.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x
Head
Information
Technology
Other Division Heads x
Communication x
Legal Review
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Downtown Muskegon Social District Plan
Adopted Aug. 25, 2020
Amended April 27, 2021
Amended April 26, 2022
Amended August 12, 2025 (pending approval)
Introduction: The City of Muskegon seeks to take advantage of Michigan Public Act 124 of 2020 signed
in to law on July 1, 2020, as amended by Public Act 27 of 2022. This is enabling legislation that allows
Michigan municipalities to establish Social Districts that would allow for “common areas” where two or
more contiguous licensed establishments (bars, distilleries, breweries, restaurants and tasting rooms)
could sell alcoholic beverages in special cups to be taken into the area for consumption. Muskegon city
administration through a collaboration of all city departments is designing a Muskegon Social District
and the policies, parameters and management of this new community development tool. This
Muskegon Social District Plan is being shared with potential license holder users for refinement of the
plan, a final draft will be presented to the Muskegon City Commission for approval and sent on to the
Michigan Liquor Control Commission for state concurrence. The Muskegon City Commission approved
the plan Aug. 25, 2020, and it has been accepted by the MLCC. The district began operations the third
weekend in September 2020 and has been operating continually since. The plan was amended by the
City Commission April 27, 2021, again April 26, 2022, and again August 12, 2025.
Management: The Muskegon Social District would be created and managed by the city manager’s office.
The district’s management and operations would be assisted by the city’s public safety, public works,
clerk and finance departments.
District Boundaries: The Downtown Muskegon Social District would have a common area south of
Shoreline Drive with the potential of expanding to the north in the future. The initial Muskegon Social
District would be mainly along West Western Avenue from Eighth Street to Pine Street, including
portions of Clay Avenue, Morris Avenue, Third Street and Jefferson Street. Specifically, the plan
amended by the Muskegon City Commission April 26, 2022, adds Hackley Park. areas along Clay Avenue
from Second to Fourth Streets and the property at 490 W. Western Ave., owned by Port City CIO
Building Association. In August 2025 the plan was amended to add properties along Webster Ave from
4th to 1st Street and the connection streets to connect with the current common area. Streets in the
Social Districts would remain open to traffic and for parking, unless parking spaces are given to outdoor
dining. The district is being proposed with the expectation of certain properties being developed that
would include future businesses with liquor licenses that might expand the common area.
Potential Participating License Holders as of August 2025: No Name Saloon, Mike’s Bar, Socibowl by
Pigeon Hill, Top Shelf Pizza, Trinity Health Arena/Rad-Dads/Carlislie’s, Dr. Rolf’s, Legend’s Bar & Grill,
Walker's An American Brasserie, Unruly Brewing Co., Puerto Vallarta Mexican Grill and Bar, Western
Reserve, Muskegon Farmers Market, Nipote’s Italian Kitchen, Kitchen 794, Capone’s Speakeasy &
Pizzeria, Rake Beer Project, Hot Rod Harley Davidson, The Early Owl; Muskegon Eagles #668, Frauenthal
Drafted for 8/12/25
Page 147 of 257
Center, The Culinary Institute of Michigan, The Block, Lumberman’s Vault. All eligible license holders can
be found online at www.michigan.gov/lara/bureau-list/lcc/faq/social-districts
Participating license holders would be asked to sign a Social District agreement with the city, which must
recommend approve of the social district permits issued by the MLCC. This allows a license holder to sell
alcoholic beverages in special district cups in its service area to be taken into the common area for
consumption. Businesses that are not licensed as bars, restaurants, or tasting rooms are not permitted
to allow alcoholic beverages inside their premises, even if they are located within the boundaries of the
Social District.
In accordance with Michigan Public Act 124 of 2020, consumption of Social District beverages is only
allowed in designated outdoor commons areas or inside establishments that hold the appropriate MLCC
license and Social District permit. Non-licensed retail or service businesses within the district may not
permit alcohol inside.
Operations: The Muskegon Social Districts would operate year-round but the district’s potential
seasonal road closures along with outdoor services and amenities would be from May 1 to Oct. 31.
Operations would be seven days a week. The common areas would be open from 11 a.m. until 11 p.m.
Before 11 a.m. and after 11 p.m., Social District beverages would not be able to be possessed nor
consumed in the common areas. After hours, consumption of alcoholic beverages would have to be
contained within the license holders’ service areas.
It was the intent of city administration to begin implementing the Muskegon Social Districts in 2020.
After an initial roll out, the district was fully activated in the spring of 2021 with the entire Muskegon
Social District plan implemented.
Special Summer Saturday Hours: Downtown Social District will be open earlier on Saturdays to support
the summer season.
• Effective Dates: Saturdays Memorial Day Weekend through Labor Day Weekend Annually
• Summer Saturday Start Time: 8:30 AM (instead of 11:00 AM)
• Closing Time: Remains unchanged (11:00 PM)
Special New Years Eve Hours: The operating hours of the Downtown Muskegon Social District will be
extended on New Year’s Eve, contingent upon the occurrence of a free public "ball drop" or similar
celebratory event within the district.
• Date: December 31
• Hours: Open from 11 AM to 11:59 PM
• Extension: Until 1:00 AM on January 1
• Last Call: 12:30 AM January 1
• The downtown social district will resume regular hours at 11 AM on January 1, 2025.
District Designation and Marking: The boundaries of the Muskegon Social Districts would be clearly
designated and marked with signs along streets and sidewalks. The signs could be accompanied by a
trash receptacle for customers to dispose of used district cups as they exit the district.
Social District Financing: The Muskegon Social District established, implemented and managed by the
City of Muskegon must generate enough revenue to cover its costs. A number of funding models could
Drafted for 8/12/25
Page 148 of 257
pay for the Muskegon Social District. The option going forward is a fee for a district sticker purchased by
the establishments from the city needed on beverages purchased for possession and consumption in the
common areas. Participating establishments could handle the surcharge however they choose within
their product price structure. The cup could contain a sponsor logo or message that could generate
dollars for the district. Revenues would pay for initial implementation such as signs and trash
receptacles and ongoing costs such as the stickers, security-enforcement, sanitation, marketing-
promotion and entertainment.
Social District Stickers and Beverage Containers: The Muskegon Social District must have a unique
sticker for use on the non-glass district beverage cups of no more than 16 ounces. The establishment
cups need to be branded to differentiate among license holders with a logo or name identifying the
establishment. Muskegon Social District cups may not be reused, must remain in the establishment
where they were purchased or in the common area and may not be taken into an establishment that did
not sell the beverage.
Security-Enforcement: Security and enforcement in the Muskegon Social Districts would be provided by
the Muskegon Police Department. The Muskegon Social District may hire certified private security
personnel to assist within the district.
Insurance: The city would insure its management and operation of the Muskegon Social District through
its municipal umbrella insurance policy. Participating license holders would be left to secure their own
liability insurance as they deem necessary.
Sanitation: The Muskegon Public Works Department with heavy assistance from participating
establishments would provide sanitation within the district including trash removal, litter pick up on a
daily basis and deployment of portable toilets, if needed. Each participating license holder would be
required to have a city provided trash receptacle outside of its entrances for the disposal of district cups
and empty those receptacles when needed. The city would maintain its current downtown trash
receptacles.
Marketing and Promotion: The Muskegon Social District is the branded name for marketing purposes
and a distinctive logo. Marketing is be done through traditional free media and paid advertising along
with extensive social media.
Entertainment/Food Trucks: The Muskegon Social District has the opportunity to provide entertainment
on a regular basis and food trucks when warranted. The district includes three small stages to provide
various musical acts, including Olthoff Stage, Alcoa Square and the Farmers Market. The district could
also coordinate and promote individual establishments wanting to feature musical entertainment.
Finally, food trucks could be introduced to drive visitors into the district and create a street-fair
atmosphere when deemed necessary.
Festivals/Special Events: The state’s Social District law now allows special event liquor licenses to
operate in a Social District. Such special licenses are the backbone of several large festival events
historically within Muskegon’s Social District. Going forward, the Muskegon Social District, its
participating license holders and event organizers will work with the City of Muskegon to make sure that
events with alcoholic beverage will not allow its beverages to enter the Social District nor Social District
Drafted for 8/12/25
Page 149 of 257
beverages to enter the special event area. Ongoing coordination and collaboration with downtown
events and festivals will be needed.
Drafted for 8/12/25
Page 150 of 257
RESOLUTION APPROVING DOWNTOWN MUSKEGON
SOCIAL DISTRICT AMENDED PLAN AND MAP
City of Muskegon
County of Muskegon, Michigan
Minutes of a Regular Meeting of the City Commission of the City of Muskegon,
County of Muskegon, Michigan (the "City"), held Muskegon City Hall, 933 Terrace on the
12th day of August 2025 at 5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by _______________ and
supported by ________________.
WHEREAS, in accordance with Public Act 124 of 2020 as amended with Public Act
27 of 2022 on the establishment of Social Districts within a Michigan city; and
WHEREAS, restaurants and bars, which have been key contributors to the historic
redevelopment of Downtown Muskegon, and increasing availability of outdoor spaces for
dining and drinking will assist downtown and its businesses; and
WHEREAS, Public Act 124 of 2020 as amended empowers local governments like
the City of Muskegon to enhance its downtowns with Social Districts and accompanying
Common Areas where purchasers may consume and possess alcoholic beverages sold by
multiple qualified Michigan Liquor Commission licensees who obtain Social District
Permits; and
WHEREAS, the City Commission has received requests to redesignate and now
expand a Downtown Muskegon Social District; and
WHEREAS, the City Commission has considered the potential impact of the
requested expansion of the Social District on the public health, safety and welfare of the
city; and
WHEREAS, the City Commission approved a Muskegon Downtown Social District
initial plan and map the 25th day of August 2020 and the district has been operating since
Page 151 of 257
the third weekend in September 2020, amended the Social District plan and map on the
27th day of April 2021 and the 26th day of April 2022, and
WHEREAS, the City Commission desires to designate an amended downtown
Social District with a Common Area; and
WHEREAS, the City Commission has reviewed the Downtown Muskegon Social
District and Common Areas in light of Act 27 of 2022;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The following Social District containing a Common Area is described in the
attached and amended plan and map that adds Third St from Webster to
Muskegon Ave, Webster from 4th to 1st, and 2nd St and 1st St from Clay to
Webster to the district, and
2. That the Common Area within the Social District, the City Manager, or his/her
designee, is authorized to make minor and reasonable adjustments to the
Common Area to safeguard public health, safety and welfare, and
3. That the Social District and Common Area have at least two qualified,
participating and permitted Liquor Control Commission licensees, and
4. That the signage placed to clearly define and mark the limits of the Common
Area shown in the plan and on the Social District map, and
5. The management and maintenance of the Social District and Common Area
shall be conducted by city staff in accordance with the operational details in the
plan, and
6. That the Social District and Common Area shall be maintained in a manner that
protects the health and safety of the city, and
7. That, if the Social District and Common Area are deemed to be a public health
and safety concern, a public hearing revoking the plan will be held before the
City Commission in accordance with Act. 124 of 2020.as amended
Be it Further Resolved that the Mayor and City Clerk are hereby authorized to
execute all documents necessary to file the amended Muskegon Downtown Social District
plan and map with the Michigan Liquor Control Commission.
AYES:
NAYS:
ABSENT:
RESOLUTION DECLARED APPROVED.
Page 152 of 257
_______________________________
Ken Johnson, Mayor
________________________________
Ann Marie Meisch, City Clerk
I hereby certify that the foregoing is a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon, State of
Michigan, at a regular meeting held on August 12, 2025 and that said meeting was
conducted and public notice of said meeting was given pursuant to and in full compliance
with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as amended and
modified by the governor's COVID-19 executive order and that the minutes of said meeting
were kept and will be or have been made available as required by said Act.
________________________________
Ann Marie Meisch, City Clerk
Page 153 of 257
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Resolution for 221 West Webster Avenue
Social District Permit
Submitted by: Deborah Sweet, Community Department: Community Engagement
Engagement Manager
Brief Summary:
Muskegon City Market, LLC is requesting to join the Downtown Muskegon Social District for their bar,
The Vault Food Collective, located at 221 West Webster Ave.
Detailed Summary & Background:
Muskegon City Market, LLC is requesting to join the Downtown Muskegon Social District for their bar,
The Vault Food Collective, located at 221 W Webster Ave—located inside the Core Plaza. The
Michigan Liquor Control Commission (MLCC) has approved its liquor licenses. To meet state
requirements under MCL 436.1551, the business must now receive approval from the City Commission
to apply for a Social District Permit through the state.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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:
to approve the Social District Permit for Muskegon City Market, LLC at 221 West Webster Ave,
Muskegon, MI 49440 for consideration by the Michigan Liquor Control Commission.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x MCL 436.1551
Head
Information
Technology
Other Division Heads x
Page 154 of 257
Communication x
Legal Review
Page 155 of 257
Michigan Department of Licensing and Regulatory Affairs Business ID:
Liquor Control Commission (MLCC)
Toll Free: 866-813-0011 • www.michigan.gov/lcc Request ID:
(For MLCC use only)
Local Governmental Unit Approval For Social District Permit
Instructions for Governing Body of Local Governmental Unit:
A qualified licensee that wishes to apply for a Social District Permit must first obtain approval from the governing body of the local governmental unit where the
licensee is located and for which the local governmental unit has designated a social district with a commons area that is clearly marked and shared by and
contiguous to the licensed premises of at least two (2) qualified licensees, pursuant to MCL 436.1551. Complete this resolution or provide a resolution, along with
certification from the clerk or adopted minutes from the meeting at which this request was considered.
At a meeting of the City of Muskegon council/board
(regular or special) (name of city, township, or village)
called to order by on at
(date) (time)
the following resolution was offered:
Moved by and supported by
that the application from Muskegon City Market, LLC
(name of licensee - if a corporation or limited liability company, please state the company name)
for a Social District Permit is by this body for consideration for approval by the
(recommended/not recommended)
Michigan Liquor Control Commission.
If not recommended, state the reason:
Vote
Yeas:
Nays:
Absent:
I hereby certify that the foregoing is true and is a complete copy of the resolution offered and adopted by the
(name of city, township, or village)
council/board at a meeting held on
(regular or special) (date)
I further certify that the licensed premises of the aforementioned licensee are contiguous to the commons area designated by the
council/board as part of a social district pursuant to MCL 436.1551.
Print Name of Clerk Signature of Clerk Date
Under Article IV, Section 40, of the Constitution of Michigan (1963), the Commission shall exercise complete control of the alcoholic beverage traffic
within this state, including the retail sales thereof, subject to statutory limitations. Further, the Commission shall have the sole right, power, and duty to
control the alcoholic beverage traffic and traffic in other alcoholic liquor within this state, including the licensure of businesses and individuals.
LCC-208 (03-22) LARA is an equal opportunity employer/program.Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities. Page 2 of 2
Page 156 of 257
Page 157 of 257
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Amendment to the zoning ordinance -
Extending the hours of operation for marihuana
retailers and provisioning centers. (SECOND
READING)
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Request to amend Section 2331 of the zoning ordinance to allow marihuana retailers and
provisioning centers with approved drive-thru access to remain open for drive-thru sales only
between 12 a.m. and 2 a.m., by The Grassy Knoll.
Detailed Summary & Background:
In April 2024, the applicant requested to amend the ordinance to be able to operate 24 hours per
day. The ordinance that was proposed was not well written and would have eliminated any hours of
operation for all other retail stores. The request was ultimately denied. This request is much more well
written and should not cause any unintentional hardships for other marihuana retailers.
There are currently three approved drive-through locations within the city. These are located at The
Bodega (885 E Apple Ave), The Grassy Knoll (2125 Lemuel St), and Greencraft (551 Young Ave).
Current Ordinance Excerpt
Section 2331: Marihuana Facilities Overlay District
3. Provisioning Centers, Retailers, Microbusinesses and Designated Consumption Establishments may
operate between the hours of 8 am and 12 am.
Proposed Ordinance (additions italicized)
Section 2331: Marihuana Facilities Overlay District
3. Provisioning Centers, Retailers, Microbusinesses and Designated Consumption Establishments may
operate between the hours of 8 am and 12 am. daily; however, Provisioning Centers and Retailers
with approved drive-thru access may remain open for drive-thru sales only between the hours of 12
am and 2 am, provided all other applicable local, state, and safety regulations are met.
Current Drive-Thru Regulations
Section 2331: Marihuana Facilities Overlay District
3.d. Curbside/Drive-Thru. Curbside delivery is allowed at all retail sale locations with an approved site
plan that does not impede traffic or pedestrian safety. Drive-thru's are allowed as a special use
permitted under the following conditions:
i. The underlying zoning designation must be B-2, B-4, MC, I-1, I-2 or any Form Based Code
designation/building type that allows for drive-thru businesses.
ii. Drive-thru windows must be located on private property. Streets and alleys may only be used for
the movement of traffic and may not be used for drive-thru vehicular stacking.
Page 158 of 257
iii. A traffic study must be performed showing the anticipated number of stacking spaces and where
they would be located on site.
Staff Recommendation
Staff do not have a recommendation on whether marihuana establishments should be open longer.
However, the proposed ordinance is well written and could be incorporated into the ordinance
properly. Staff do have some concerns about the applicant's ability to follow the established
guidelines. Staff have had discussions with the applicant for the past couple of years about their
desire to host temporary campground events on-site during special events around the city. That use
type is not allowed in their zoning district (I-1) and would need an amendment for them to proceed.
Staff have discovered that a beach event in August is advertising overflow camping at The Grassy
Knoll.
Planning Commission Recommendation
A motion was made to approve the request to allow marihuana retailers and provisioning centers
with approved drive-thru access to remain open for drive-thru sales only between 12 a.m. and 2 a.m.
However, the motion failed (5 no, 1 yes, 3 absent).
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A N/A
Recommended Motion:
I move to approve the request to amend Section 2331 of the zoning ordinance to allow marihuana
retailers and provisioning centers with approved drive-thru access to remain open for drive-thru sales
only between 12 a.m. and 2 a.m.
Approvals: Name the Policy/Ordinance Followed:
Page 159 of 257
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CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 2331 of the zoning ordinance to amend the hours of operation for marihuana
retailers and provisioning centers.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2331: Marihuana Facilities Overlay District
3. Provisioning Center, Retailer, Microbusinesses, and Designated Consumption Establishment Requirements
a. Hours. Provisioning Center, Retailer, Microbusinesses, and Designated Consumption Establishments
may operate between the hours of 8 a.m. and 12 a.m. daily; however, Provisioning Centers and
Retailers with approved drive-thru access may remain open for drive-thru sales only between the hours
of 12:00 am and 2:00 a.m., provided all other applicable local, state, and safety regulations are met.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 166 of 257
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 12th day of August, 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 167 of 257
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on August 12, 2025, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 2331 of the zoning ordinance to amend the hours of operation for
marihuana retailers and provisioning centers.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2025. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 168 of 257
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Amendment to the zoning ordinance -
Allowing marinas as a permitted use in Form-
Based Code, Lakeside Mixed Residential
districts. (SECOND READING)
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff-initiated request to amend the zoning ordinance to allow marinas as a permitted use in Form-
Based Code, Lakeside Mixed Residential districts.
Detailed Summary & Background:
This request was brought about after staff had contact with a couple of property owners about land
use issues on their properties. If this request is approved, staff will look to rezone several properties in
the current Waterfront Marine (WM) district along Lakeshore Dr to Form Based Code, Lakeside Mixed
Residential (FBC-LMR) at a future meeting.
The owner at 2984 Lakeshore Dr wanted to demo and rebuild his house. However, residential uses are
not allowed in the WM district and the existing house was considered legally non-conforming
(grandfathered). The owner was forced to seek a variance to rebuild the house and the request was
eventually approved. The new house plans were approved, but the new house would have to meet
the existing setbacks in WM, which is 10/14 (side setback requirement) for a two-story house.
Residential setbacks are usually much smaller, such as five feet in many districts. There are eight
houses located in the WM district, all of which are considered legally non-conforming. With this
current zoning, all property owners will have difficulty rebuilding, putting on additions and possibly
even refinancing.
The owner at 3092 Lakeshore Dr. demoed the existing house on site and wants to build a multi-family
house, between 6-8 units. This is not allowed since residential is not a permitted use in the WM district.
Staff are not exactly sure why the entire area was zoned WM, but it has been that way since at least
1986. Were these residential properties hoping to have marinas added to their properties? Was it
zoned in an effort to transform this area into strictly marina and phase out residential? Without having
a clear answer, staff decided to hold a focus group among the property owners to see what their
vision was for their properties moving forward. At the meeting, it was discovered that most of the
homeowners wanted to continue to stay strictly residential. A couple of the homeowners wanted to
stay residential, but add a marina to the property. All the homeowners stated that they did not have
an objection to allowing residential with a higher density than single-family.
After the focus group meeting, it was clear that the best path forward would be to allow multi-family
residential and marinas on these properties. The FBC-LMR district allows for small multiplexes (up to six
units) but it does not allow for marinas. Staff are proposing to amend the ordinance to make marinas
Page 169 of 257
a permitted use in this context, then to rezone these eight properties to FBC-LMR. A clause was
added to the amendment that states "marinas are a permitted use on properties with Muskegon
Lake waterfront frontage." This will eliminate the possibility of any FBC-LMR properties without lake
frontage to storage boats on their properties. The master plan supports both WM and FBC-LMR as
they both fit the description of a lakeshore that allows for mixed-uses.
Planning Commission Recommendation
A motion was made to recommend the request to amend the zoning ordinance to allow marinas as
a permitted use in Form-Based Code, Lakeside Mixed Residential districts. The motion passed (6 yes, 0
no, 3 absent).
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move to approve the request to amend the zoning ordinance to allow marinas as a permitted use
in the Form-Based Code, Lakeside Mixed Residential districts.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 170 of 257
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Page 172 of 257
CONTEXT AREAS AND USE SECTION 2005
2005.07 LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA
6.0 PERMITTED USES
LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA PERMITTED USES
DETACHED HOUSE
CARRIAGE HOUSE
LARGE MULTI-PLEX
SMALL MULTI-PLEX
COTTAGE RETAIL
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
LIVE / WORK
ROWHOUSE
MIXED USE
Specific Use
DUPLEX
RETAIL
CIVIC
FLEX
Accessory buildings and uses P P P P P P
Amusement and recreation facility
Auto service station S
Bank
Business school/private or public school/higher ed.
Church P
Club, lodge, hall S* S* S* S* S* S*
Gallery/museum P P P P P P P
Hotel/motel
Indoor theater/live music concert hall
Light manufacturing
Machine shop
Marina P** P** P** P** P**
Micro brewery, distillery, winery under 2500 barrels P
Micro brewery, distillery, winery over 2500 barrels
Multi-family P
Office P
Outdoor recreation
Outdoor theater
Parking structure
Personal service P
Railway terminal P
Research and development
Restaurant, cocktail lounge, brewpub P
Retail P
P = Permitted Use
P* = Permitted Use on floors two and above
P** = Permitted Use on properties with Muskegon Lake waterfront frontage
P# = Permitted Use on first floor only
S = Special Land Use (refer to Section 2002.02)
S* = Special Land Use requires minimum 200 feet of frontage on one street
Blank cell = Use not permitted in this Context Area
Shaded areas represent Building Types that are not permitted in this Context Area.
.23 LAKESIDE FORM BASED CODE CITY OF MUSKEGON
Page 173 of 257
SECTION 2005 CONTEXT AREAS AND USE
2005.07 LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA
6.0 PERMITTED USES (continued)
LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA PERMITTED USES
DETACHED HOUSE
CARRIAGE HOUSE
LARGE MULTI-PLEX
SMALL MULTI-PLEX
COTTAGE RETAIL
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
LIVE / WORK
ROWHOUSE
MIXED USE
Specific Use
DUPLEX
RETAIL
CIVIC
FLEX
Shipping, port related activity
Shared/Co-op housing P
Single-family residential P* P P P*
Taxi/limo service P
Two-family residential P
Uses similar to permitted uses P P P P P P
Uses similar to special uses P P P P P P
Veterinary and kennel
Warehousing
Wind turbine
P = Permitted Use
P* = Permitted Use on floors two and above
P** = Permitted Use on properties with Muskegon Lake waterfront frontage
P# = Permitted Use on first floor only
S = Special Land Use (refer to Section 2002.02)
S* = Special Land Use requires minimum 200 feet of frontage on one street
Blank cell = Use not permitted in this Context Area
Shaded areas represent Building Types that are not permitted in this Context Area.
CITY OF MUSKEGON LAKESIDE FORM BASED CODE
Page 174 of 257
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Page 179 of 257
Page 180 of 257
Page 181 of 257
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Article XX of the zoning ordinance to allow marinas as a permitted use in Form-Based
Code, Lakeside Mixed Residential districts.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Marinas are a permitted use in Form-Based Code, Lakeside Mixed Residential districts.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 182 of 257
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 22nd day of July, 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 183 of 257
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on July 22, 2025, the City Commission of the City of Muskegon adopted
an ordinance to amend Article XX of the zoning ordinance to allow marinas as a permitted use in
Form-Based Code, Lakeside Mixed Residential districts.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2025. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 184 of 257
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Resolution for MNRTF Acquisition Grant
Application
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
Staff requests authorization to apply for a Michigan Natural Resources Trust Fund (MNRTF) acquisition
grant for the expansion of Hartshorn Park for a grant amount of $908,200, subject to appraisal.
Detailed Summary & Background:
The City of Muskegon is seeking approval to apply for a MNRTF (Michigan Natural Resources Trust
Fund) Acquisition Grant administered by the Michigan DNR. The parcel identified for acquisition
includes a section of the bike path along the Hartshorn Boat Ramp Park and the drive and a portion
of the parking lot behind Fricano's. A map is attached that highlights the parcels. The intent is to
acquire a valuable waterfront parcel along Muskegon Lake to expand public access, preserve
natural resources, and enhance recreational opportunities. This acquisition will support the continued
development of Hartshorn Park and protect a key segment of the Muskegon Lakeshore Trail, a
regional non-motorized pathway that connects residents and visitors to parks, beaches, and
downtown Muskegon. The site holds strong potential for future park development, including
amenities for picnicking and trail-related activities. The parcel’s integration with the Lakeshore Trail
promotes year-round, low-impact recreation such as walking, biking, and birdwatching, further
connecting the community to the lake’s natural assets.
This project represents a rare opportunity to protect and enhance one of West Michigan’s most
important waterfronts. By securing this land, the City of Muskegon will expand public space, preserve
scenic views, and promote ecological stewardship. The acquisition supports both recreational use
and habitat preservation, providing long-term benefits for residents, visitors, and the health of
Muskegon Lake. The listing price for the properties is $1,211,000. The Grant amount requested is
$908,200 with the total required match amount of $302,800 being donated by the seller.
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Parks and Recreation Department and
Services
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
n/a Yes No x N/A
Page 185 of 257
Fund(s) or Account(s): Budget Amendment Needed:
n/a Yes No x N/A
Recommended Motion:
I authorize staff to apply for the Michigan Natural Resources Trust Fund (MNRTF) acquisition grant for
the expansion of Hartshorn Park for a grant amount of $908,200, subject to appraisal.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 186 of 257
City of Muskegon
RESOLUTION TF25-0221
WHEREAS, the City of Muskegon submitted an application to Michigan Department of Natural Resources
(the “DEPARTMENT”) for a Michigan Natural Resources Trust Fund Grant to make a land acquisition to
expand Hartshorn Park, Boat Ramp & Marina to provide more waterfront public access.
NOW, THEREFORE LET IT BE RESOLVED, that the City of Muskegon does hereby accept the terms of the
Agreement as received from the Michigan Department of Natural Resources, and that the City of
Muskegon does hereby specifically agree, but not by way of limitation, as follows:
1. The City’s match has been committed by the existing property owner, no monetary match is to
be committed by the City for this Agreement.
2. To maintain satisfactory financial accounts, documents, and records to make them available to
the DEPARTMENT for auditing at reasonable times in perpetuity.
3. To construct the project and provide such funds, services, and materials as may be necessary to
satisfy the terms of said Agreement.
4. To regulate the use of the facility constructed and reserved under this Agreement to assure the
use thereof by the public on equal and reasonable terms.
5. To comply with any and all terms of said Agreement including all terms not specifically set forth
in the foregoing portions of this Resolution.
Motion made by Commissioner ______________ and seconded by Commissioner __________________.
Ayes:
Nays:
Absent:
Motion Approved.
STATE OF MICHIGAN )
) ss
COUNTY OF ____________ )
I, Ann Meisch, Clerk of the City of Muskegon, Michigan, do hereby certify that the above is a true and
correct copy of the Resolution relative to the Agreement with the Michigan Department of Natural
Resources, which Resolution was adopted by the City of Muskegon at a meeting held on
_______________________________.
Signature
Title
Date
Page 187 of 257
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Page 188 of 257
Page 189 of 257
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Sale of 499 Amity
Submitted by: Samantha Pulos, Code Department: Planning
Coordinator
Brief Summary:
Staff is seeking authorization to sell the City-owned vacant lot at 499 Amity 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 499 Amity 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. Sjaarda Homes and Properties LLC (Derek Sjaarda) will be constructing a
duplex on the property.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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 lots at 499 Amity to Sjaarda Homes and Properties LLC
(Derek Sjaarda).
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x Master Plan, Zoning Ordinance, Policy for the Use
Head & Sale of City-Owned Residential Property
Information
Technology
Other Division Heads x
Communication
Page 190 of 257
Legal Review
Page 191 of 257
PURCHASE AND DEVELOPMENT AGREEMENT
This Purchase and Development Agreement (“Agreement”) is made August 12, 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, a Michigan limited liability
corporation, of 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 the City
which are located in the City of Muskegon, Muskegon County, Michigan, commonly known and legally
described on the attached Exhibit A (each property individually, a “Parcel” and collectively “Project
Properties”).
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 Properties. 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 Properties, subject to reservations, restrictions, and easements of record.
2. Purchase Price. The total purchase price for the Project Properties 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 properties, 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 properties 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 properties. 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.
Page 192 of 257
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 499 Amity, 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 one (1) duplex on the Project Property,
the quit claim deed conveying the Project properties to Developer shall contain a right of reversion in 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 properties 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
properties and beginning installation of the approved duplex.
b. Developer does not complete construction of the Project Properties prior to
expiration of the Construction Period, in which case title to any of the Project Properties 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
Properties. 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 Properties 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 Properties, 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 properties, 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 properties revert to City, City may retain the purchase price for such Project
properties free and clear of any claim of Developer or its assigns. In the event of reversion of title of the
Page 193 of 257
Project properties, improvements made on such Project properties shall become the property of City. In no
event shall the Project properties 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 properties in the amount of the total purchase price for the
Project properties 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 properties 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 properties (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 properties. 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
properties, and Buyer or its surveyor or other agents may enter any of the Project properties 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 properties 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 properties 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 properties 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
Page 194 of 257
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 properties. City and Developer acknowledge and agree that the
Parcel in the Project properties 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 properties, including without limitation, soil conditions,
and any environmental conditions; (ii) the suitability of the Project properties for any or all of Developer’s
activities and uses; (iii) the compliance of or by the Project properties with any laws, codes, or ordinances;
(iv) the habitability, marketability, profitability, or fitness for a particular purpose of the Project properties;
(v) existence in, on, under, or over the Project properties of any hazardous substances; or (vi) any other
matter with respect to the Project properties. Developer acknowledges and agrees that Developer has or
will have the opportunity to perform inspections of the Project properties pursuant to this Agreement and
that Developer is relying solely on Developer’s own investigation of the Project properties 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 properties
acquired by Developer and waive all objections or claims against City arising from or related to such Project
properties 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 properties 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 properties 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 195 of 257
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
properties 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 196 of 257
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
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.
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.
Page 197 of 257
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: __________________
Page 198 of 257
Exhibit A
The following described premises located in the City of Muskegon, County of Muskegon, State of
Michigan, and legally described as follows:
1. Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 4 BLK 54
Address: 499 AMITY AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-054-0004-00
Price: $3,000.00
Page 199 of 257
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Fleet Vehicle Replacements
Submitted by: Dawson Romanosky, DPW Department: Public Works
Superintendent
Brief Summary:
Staff is requesting approval to purchase four Chevy Tahoes for the Police Department, along with
one Ford F150 and four Ford F450 dump trucks for Public Works.
Detailed Summary & Background:
The Equipment Department is planning to replace several aging, out-of-warranty vehicles. As part of
this effort, four Chevy Tahoes will be purchased from Berger Chevrolet to replace existing patrol
vehicles in the Police Department. Berger Chevrolet quoted a price of $53,959.00 per vehicle. One
Ford F150 pickup truck will be purchased from Gorno Ford for $48,233.00, and four Ford F450 small
dump trucks will be purchased for $73,236.00 per vehicle from multiple vendors including Gorno Ford.
All vehicles will be purchased through the MiDEAL contract, a cooperative purchasing program
managed by the State that secures competitively bid pricing to ensure the best value for member
agencies. The total expenditure for these vehicle replacements is $557,013, which will be funded
through the Equipment Fund as part of the department's planned equipment replacement budget.
Goal/Action Item:
2027 Goal 4: Financial Infrastructure
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
$557,013 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
661-563 (Equipment Fund) Yes No X N/A
Recommended Motion:
I move to authorize staff to purchase fleet replacement vehicles for a total of $557,013 from Berger
Chevrolet and Gorno Ford.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X Purchasing Policy
Head
Page 200 of 257
Information
Technology
Other Division Heads
Communication
Legal Review
Page 201 of 257
Page 202 of 257
BID PER ENCLOSED SPECIFICATIONS
Cost per vehicle $53,959.00 Vehicle Description:
Year 2025
Number of units 4
Make Chevrolet
$215,836.00 Model Tahoe 4wd
police package
Vendor: Bid Prepared For :
Berger Chevrolet Inc.
City of Musegon
Address 2525 28th Street S.E.
Grand Rapids, MI 49512
Phone (616) 575-9629
Price includes title fee and delivery. Price based on
Fax (616) 988-9178 Municipal discount in the State of Michigan.
Signature Robert Evans
Printed Signature _Robert M. Evans____
Date 7/15/2025
Page 203 of 257
Preview Order F100 - W1L - 4x4 XL SuperCrew : Order Summary Time of Preview: 07/30/2025 12:34:45 Receipt: NA
Dealership Name : Gorno Bros Inc Sales Code : F48022
Dealer Rep. patrick southward Type Fleet Vehicle Line F-150 Order Code F100
Customer Name MUSKEEGAN Price Level 565
Priority Code L1 Model Year 2025
DESCRIPTION DESCRIPTION
F150 4X4 SUPERCREW XL - 145 7100# GVWR PACKAGE
145 INCH WHEELBASE FORD FLEET SPECIAL ADJUSTMENT
TOTAL BASE VEHICLE JOB #2 ORDER
OXFORD WHITE 50 STATE EMISSIONS
VINYL 40/20/40 FRONT SEAT EXTENDED RANGE 36GAL FUEL TANK
MEDIUM DARK SLATE PRIVACY GLASS W/REAR DEFROSTER
EQUIPMENT GROUP 101A BEDLINER-TOUGHBED SPRAYIN*ACCY
.XL SERIES SPECIAL DEALER ACCOUNT ADJUSTM
.17" SILVER STEEL WHEELS SPECIAL FLEET ACCOUNT CREDIT
5.0L V8 ENGINE FUEL CHARGE
ELEC TEN-SPEED AUTO TRANS NET INVOICE FLEET OPTION (B4A)
.265/70R 17 BSW ALL-TERRAIN PRICED DORA
3.31 ELECTRONIC LOCK RR AXLE ADVERTISING ASSESSMENT
DESTINATION & DELIVERY
TOTAL BASE AND OPTIONS
MI Deal # MA240000001193
DISCOUNTS
MI Deal Price Delivered $48,233.00
TOTAL
This order has not been submitted to the order bank.
This is not an invoice.
Page 204 of 257
Preview Order F100 - F4H 4x4 Reg Chas Cab DRW : Order Summary Time of Preview: 07/31/2025
12:29:23 Receipt: 7/31/2025
Dealership Name : Gorno Bros Inc Sales Code : F48022
Dealer Rep. patrick southward Type Fleet Vehicle Line Superduty Order Code F100
Customer Name Muskeegan Price Level 625
Priority Code H2 Model Year 2026
DESCRIPTION DESCRIPTION
F450 4X4 CHASSIS CAB DRW/145 120V/400W OUTLET
145 INCH WHEELBASE SNOW PLOW PREP PACKAGE
TOTAL BASE VEHICLE JOB #1 ORDER
OXFORD WHITE TRAILER BRAKE CONTROLLER
VINYL 40/20/40 SEATS 410 AMP DUAL ALTERNATOR
MEDIUM DARK SLATE DUAL BATTERY
PREFERRED EQUIPMENT PKG.650A REAR VIEW CAMERA & PREP KIT
.XL TRIM CONN PKG: 1 YR INCL W/FORD APP
.AIR CONDITIONING -- CFC FREE XL CHROME PACKAGE
.AM/FM STEREO MP3/CLK .FOG LAMPS
.7.3L DEVCT NA PFI V8 ENGINE .REMOTE START SYSTEM
10-SPEED AUTO TORQSHIFT SPECIAL DEALER ACCOUNT ADJUSTM
225/70R19.5G BSW MAX TRAC TIRE SPECIAL FLEET ACCOUNT CREDIT
4.88 RATIO LIMITED SLIP AXLE FUEL CHARGE
FORD FLEET SPECIAL ADJUSTMENT NET INVOICE FLEET OPTION (B4A)
PLATFORM RUNNING BOARDS PRICED DORA
16500# GVWR PACKAGE ADVERTISING ASSESSMENT
50 STATE EMISSIONS DESTINATION & DELIVERY
TOTAL BASE AND OPTIONS MI Deal # MA240000001193
DISCOUNTS
MI Deal Price Delivered With Options $73,236.00
TOTAL
*** Options ***
9ft Galion Steel Dump Bed
Tarp System
This order has not been submitted to the order bank.
This is not an invoice.
Page 205 of 257
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Update to City Manager's Contract -
Vacation
Submitted by: Jonathan Seyferth, City Manager, Department: Manager's Office
John Schrier, City Attorney
Brief Summary:
In June 2025, the City Manager received their annual review. The review was favorable. The
manager requested an increase in vacation time as a result of the favorable review.
Detailed Summary & Background:
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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:
Approve the Third Amendment To the City Manager's Employment Agreement
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review X
Page 206 of 257
THIRD AMENDMENT TO EMPLOYMENT AGREEMENT
This Third Amendment between City of Muskegon (“City”), 933 Terrace St, Muskegon,
Michigan 49440 and Jonathan Seyferth (“Seyferth”), 933 Terrace St, Muskegon, Michigan 49440,
has been entered into pursuant to the following terms:
Recitals
A. City and Seyferth entered into an Employment Agreement effective November 28,
2022, a First Amendment effective December 12, 2023, and a Second Amendment effective
October 29, 2024.
B. City and Seyferth seek to make one additional Amendment to that Employment
Agreement.
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. City will credit twenty hours to MANAGER’S vacation bank effective July 1, 2025.
City will credit two hundred and forty (240) hours to MANAGER’S vacation bank
effective on the first of each year, commencing on January 1, 2026. One hundred
and sixty (160) hours can be carried over from one (1) calendar year to the next,
with any balance being converted to Sick Leave.
As to all other respects, the Employment Agreement, as amended, shall continue in force
as if restated herein.
CITY OF MUSKEGON
Dated: ___________, 202 ___ By:
Name: Ken Johnson, Its Mayor
Dated: ___________, 202 ___ By:
Name: Ann Marie Meisch, Its Clerk
Dated: ___________, 202 ___ By:
Name: Jonathan Seyferth, Its Manager
Page 207 of 257
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Request to Create a new Neighborhood
Enterprise Zone District at 535 Yuba
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
City staff is requesting approval to create a Neighborhood Enterprise Zone (NEZ) District at 535 Yuba
Street. This designation would make the property eligible for reduced residential property taxes on
new construction.
Detailed Summary & Background:
Pursuant to Public Act 147 of the Michigan Public Acts of 1992, City staff is requesting the
establishment of a Neighborhood Enterprise Zone (NEZ) District for the parcel located at 535 Yuba
Street.
Properties located within an NEZ District are eligible to apply for NEZ certificates, which provide a
reduction in residential property taxes for newly constructed homes.
Notice letters regarding the proposed district were sent to all affected taxing jurisdictions on June 10,
2025, and a public hearing was held on July 8, 2025. In accordance with state law, the resolution
establishing the district may not be adopted until at least 60 days after the notice letters were issued.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Improved community vibrancy through
infill development
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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 approve the creation of a Neighborhood Enterprise Zone District at 535 Yuba and authorize
the Mayor and City Clerk to sign the resolution.
Approvals: Name the Policy/Ordinance Followed:
Page 208 of 257
Immediate Division Public Act 147 of the Michigan Public Acts of
Head 1992
Information
Technology
Other Division Heads
Communication
Legal Review
Page 209 of 257
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO CREATE A NEW NEIGHBORHOOD ENTERPRIZE ZONE
DISTRICT WITHIN THE CITY OF MUSKEGON
WHEREAS, the City of Muskegon currently has established Neighborhood Enterprise Zone
districts within the City, and;
WHEREAS, the City of Muskegon would like to create a new Neighborhood Enterprise Zone
district to a new location within the City, and;
WHEREAS, notices were sent to the local taxing jurisdictions on June 10, 2025, and;
WHEREAS, a public hearing was held regarding the creation of this new district July 8, 2025;
and
WHEREAS, the new district boundaries will include the property known as 535 Yuba (535 Yuba
St, property #61-24-205-155-0007-00),” as shown in Attachment A, and;
WHEREAS, the total square footage of Neighborhood Enterprise Zone districts in Muskegon
will not exceed 15% of the total square footage of the City;
NOW, THEREFORE, BE IT RESOLVED that the new Neighborhood Enterprise Zone district in
the City of Muskegon have been approved.
Adopted this 12 day of August, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 210 of 257
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 August 12, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 211 of 257
Attachment A
Page 212 of 257
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Request to Create a new Neighborhood
Enterprise Zone District at 2127 Austin
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
City staff is requesting approval to create a Neighborhood Enterprise Zone (NEZ) District at 2127
Austin. This designation would make the property eligible for reduced residential property taxes on
new construction.
Detailed Summary & Background:
Pursuant to Public Act 147 of the Michigan Public Acts of 1992, City staff is requesting the
establishment of a Neighborhood Enterprise Zone (NEZ) District for the parcel located at 2127 Austin.
Properties located within an NEZ District are eligible to apply for NEZ certificates, which provide a
reduction in residential property taxes for newly constructed homes.
Notice letters regarding the proposed district were sent to all affected taxing jurisdictions on June 10,
2025, and a public hearing was held on July 8, 2025. In accordance with state law, the resolution
establishing the district may not be adopted until at least 60 days after the notice letters were issued.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Improved community vibrancy through
infill development
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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 approve the creation of a Neighborhood Enterprise Zone District at 2127 Austin and
authorize the Mayor and City Clerk to sign the resolution.
Approvals: Name the Policy/Ordinance Followed:
Public Act 147 of the Michigan Public Acts of
Page 213 of 257
Immediate Division 1992
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 214 of 257
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO CREATE A NEW NEIGHBORHOOD ENTERPRIZE ZONE
DISTRICT WITHIN THE CITY OF MUSKEGON
WHEREAS, the City of Muskegon currently has established Neighborhood Enterprise Zone
districts within the City, and;
WHEREAS, the City of Muskegon would like to create a new Neighborhood Enterprise Zone
district to a new location within the City, and;
WHEREAS, notices were sent to the local taxing jurisdictions on June 10, 2025, and;
WHEREAS, a public hearing was held regarding the creation of this new district July 8, 2025;
and
WHEREAS, the new district boundaries will include the property known as 2127 Austin (2127
Austin St, property #61-24-860-000-0117-00),” as shown in Attachment A, and;
WHEREAS, the total square footage of Neighborhood Enterprise Zone districts in Muskegon
will not exceed 15% of the total square footage of the City;
NOW, THEREFORE, BE IT RESOLVED that the new Neighborhood Enterprise Zone district in
the City of Muskegon have been approved.
Adopted this 12 day of August, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 215 of 257
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 August 12, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 216 of 257
Attachment A
Page 217 of 257
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Request to Create a new Neighborhood
Enterprise Zone District at 2262 Austin
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
City staff is requesting approval to create a Neighborhood Enterprise Zone (NEZ) District at 2262
Austin. This designation would make the property eligible for reduced residential property taxes on
new construction.
Detailed Summary & Background:
Pursuant to Public Act 147 of the Michigan Public Acts of 1992, City staff is requesting the
establishment of a Neighborhood Enterprise Zone (NEZ) District for the parcel located at 2262 Austin.
Properties located within an NEZ District are eligible to apply for NEZ certificates, which provide a
reduction in residential property taxes for newly constructed homes.
Notice letters regarding the proposed district were sent to all affected taxing jurisdictions on June 10,
2025, and a public hearing was held on July 8, 2025. In accordance with state law, the resolution
establishing the district may not be adopted until at least 60 days after the notice letters were issued.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Improved community vibrancy through
infill development
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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 approve the creation of a Neighborhood Enterprise Zone District at 2262 Austin and
authorize the Mayor and City Clerk to sign the resolution.
Approvals: Name the Policy/Ordinance Followed:
Public Act 147 of the Michigan Public Acts of
Page 218 of 257
Immediate Division 1992
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 219 of 257
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO CREATE A NEW NEIGHBORHOOD ENTERPRIZE ZONE
DISTRICT WITHIN THE CITY OF MUSKEGON
WHEREAS, the City of Muskegon currently has established Neighborhood Enterprise Zone
districts within the City, and;
WHEREAS, the City of Muskegon would like to create a new Neighborhood Enterprise Zone
district to a new location within the City, and;
WHEREAS, notices were sent to the local taxing jurisdictions on June 10, 2025, and;
WHEREAS, a public hearing was held regarding the creation of this new district July 8, 2025;
and
WHEREAS, the new district boundaries will include the property known as 2262 Austin (2262
Austin St, property #61-24-860-000-0145-00),” as shown in Attachment A, and;
WHEREAS, the total square footage of Neighborhood Enterprise Zone districts in Muskegon
will not exceed 15% of the total square footage of the City;
NOW, THEREFORE, BE IT RESOLVED that the new Neighborhood Enterprise Zone district in
the City of Muskegon have been approved.
Adopted this 12 day of August, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 220 of 257
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 August 12, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 221 of 257
Attachment A
Page 222 of 257
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Request to Create a new Neighborhood
Enterprise Zone District at 2155 Continental
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
City staff is requesting approval to create a Neighborhood Enterprise Zone (NEZ) District at 2155
Continental. This designation would make the property eligible for reduced residential property taxes
on new construction.
Detailed Summary & Background:
Pursuant to Public Act 147 of the Michigan Public Acts of 1992, City staff is requesting the
establishment of a Neighborhood Enterprise Zone (NEZ) District for the parcel located at 2155
Continental.
Properties located within an NEZ District are eligible to apply for NEZ certificates, which provide a
reduction in residential property taxes for newly constructed homes.
Notice letters regarding the proposed district were sent to all affected taxing jurisdictions on June 10,
2025, and a public hearing was held on July 8, 2025. In accordance with state law, the resolution
establishing the district may not be adopted until at least 60 days after the notice letters were issued.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Improved community vibrancy through
infill development
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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 approve the creation of a Neighborhood Enterprise Zone District at 2155 Continental and
authorize the Mayor and City Clerk to sign the resolution.
Approvals: Name the Policy/Ordinance Followed:
Page 223 of 257
Immediate Division Public Act 147 of the Michigan Public Acts of
Head 1992
Information
Technology
Other Division Heads
Communication
Legal Review
Page 224 of 257
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO CREATE A NEW NEIGHBORHOOD ENTERPRIZE ZONE
DISTRICT WITHIN THE CITY OF MUSKEGON
WHEREAS, the City of Muskegon currently has established Neighborhood Enterprise Zone
districts within the City, and;
WHEREAS, the City of Muskegon would like to create a new Neighborhood Enterprise Zone
district to a new location within the City, and;
WHEREAS, notices were sent to the local taxing jurisdictions on June 10, 2025, and;
WHEREAS, a public hearing was held regarding the creation of this new district July 8, 2025;
and
WHEREAS, the new district boundaries will include the property known as 2155 Continental
(2155 Continental St, property #61-24-860-000-0052-00),” as shown in Attachment A, and;
WHEREAS, the total square footage of Neighborhood Enterprise Zone districts in Muskegon
will not exceed 15% of the total square footage of the City;
NOW, THEREFORE, BE IT RESOLVED that the new Neighborhood Enterprise Zone district in
the City of Muskegon have been approved.
Adopted this 12 day of August, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 225 of 257
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 August 12, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 226 of 257
Attachment A
Page 227 of 257
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Request to Create a new Neighborhood
Enterprise Zone District at 2209 Valley
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
City staff is requesting approval to create a Neighborhood Enterprise Zone (NEZ) District at 2209
Valley. This designation would make the property eligible for reduced residential property taxes on
new construction.
Detailed Summary & Background:
Pursuant to Public Act 147 of the Michigan Public Acts of 1992, City staff is requesting the
establishment of a Neighborhood Enterprise Zone (NEZ) District for the parcel located at 2209 Valley
St.
Properties located within an NEZ District are eligible to apply for NEZ certificates, which provide a
reduction in residential property taxes for newly constructed homes.
Notice letters regarding the proposed district were sent to all affected taxing jurisdictions on June 10,
2025, and a public hearing was held on July 8, 2025. In accordance with state law, the resolution
establishing the district may not be adopted until at least 60 days after the notice letters were issued.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Improved community vibrancy through
infill development
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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 approve the creation of a Neighborhood Enterprise Zone District at 2209 Valley St. and
authorize the Mayor and City Clerk to sign the resolution.
Approvals: Name the Policy/Ordinance Followed:
Page 228 of 257
Immediate Division Public Act 147 of the Michigan Public Acts of
Head 1992
Information
Technology
Other Division Heads
Communication
Legal Review
Page 229 of 257
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO CREATE A NEW NEIGHBORHOOD ENTERPRIZE ZONE
DISTRICT WITHIN THE CITY OF MUSKEGON
WHEREAS, the City of Muskegon currently has established Neighborhood Enterprise Zone
districts within the City, and;
WHEREAS, the City of Muskegon would like to create a new Neighborhood Enterprise Zone
district to a new location within the City, and;
WHEREAS, notices were sent to the local taxing jurisdictions on June 10, 2025, and;
WHEREAS, a public hearing was held regarding the creation of this new district July 8, 2025;
and
WHEREAS, the new district boundaries will include the property known as 2209 Valley (2209
Valley St., property #61-24-860-000-0165-00),” as shown in Attachment A, and;
WHEREAS, the total square footage of Neighborhood Enterprise Zone districts in Muskegon
will not exceed 15% of the total square footage of the City;
NOW, THEREFORE, BE IT RESOLVED that the new Neighborhood Enterprise Zone district in
the City of Muskegon have been approved.
Adopted this 12 day of August, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 230 of 257
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 August 12, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 231 of 257
Attachment A
Page 232 of 257
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Request to Create a new Neighborhood
Enterprise Zone District South Getty
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
City staff is requesting approval to create a Neighborhood Enterprise Zone (NEZ) District at 1920 S.
Getty, 1930 S. Getty, 1940 S. Getty, 1950 S. Getty, & 1960 S. Getty. This designation would make the
properties eligible for reduced residential property taxes on new construction.
Detailed Summary & Background:
Pursuant to Public Act 147 of the Michigan Public Acts of 1992, City staff is requesting the
establishment of a Neighborhood Enterprise Zone (NEZ) District for the parcels located at 1920 S.
Getty, 1930 S. Getty, 1940 S. Getty, 1950 S. Getty, & 1960 S. Getty
Properties located within an NEZ District are eligible to apply for NEZ certificates, which provide a
reduction in residential property taxes for newly constructed homes.
Notice letters regarding the proposed district were sent to all affected taxing jurisdictions on June 10,
2025, and a public hearing was held on July 8, 2025. In accordance with state law, the resolution
establishing the district may not be adopted until at least 60 days after the notice letters were issued.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Improved community vibrancy through
infill development
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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 approve the creation of the South Getty Neighborhood Enterprise Zone District and
authorize the Mayor and City Clerk to sign the resolution.
Approvals: Name the Policy/Ordinance Followed:
Page 233 of 257
Immediate Division Public Act 147 of the Michigan Public Acts of
Head 1992
Information
Technology
Other Division Heads
Communication
Legal Review
Page 234 of 257
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO CREATE A NEW NEIGHBORHOOD ENTERPRIZE ZONE
DISTRICT WITHIN THE CITY OF MUSKEGON
WHEREAS, the City of Muskegon currently has established Neighborhood Enterprise Zone
districts within the City, and;
WHEREAS, the City of Muskegon would like to create a new Neighborhood Enterprise Zone
district to a new location within the City, and;
WHEREAS, notices were sent to the local taxing jurisdictions on June 10, 2025, and;
WHEREAS, a public hearing was held regarding the creation of this new district July 8, 2025;
and
WHEREAS, the new district boundaries will include the following properties known as “South
Getty”:
• 1920 S. Getty St. property (61-24-215-007-0002-00)
• 1930 S. Getty St. property (61-24-215-007-0003-00)
• 1940 S. Getty St. property (61-24-215-007-0004-00)
• 1950 S. Getty St. property (61-24-215-007-0005-00)
• 1960 S. Getty St. property (61-24-215-007-0006-00)
as shown in Attachment A, and;
WHEREAS, the total square footage of Neighborhood Enterprise Zone districts in Muskegon
will not exceed 15% of the total square footage of the City;
NOW, THEREFORE, BE IT RESOLVED that the new Neighborhood Enterprise Zone district in
the City of Muskegon have been approved.
Adopted this 12 day of August, 2025.
Ayes:
Nays:
Absent:
Page 235 of 257
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
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 August 12, 2025.
By: ________________________
Ann Meisch
City Clerk
Page 236 of 257
Attachment A
Page 237 of 257
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Request to Create a new Neighborhood
Enterprise Zone District at 2247 Valley
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
City staff is requesting approval to create a Neighborhood Enterprise Zone (NEZ) District at 2247
Valley. This designation would make the property eligible for reduced residential property taxes on
new construction.
Detailed Summary & Background:
Pursuant to Public Act 147 of the Michigan Public Acts of 1992, City staff is requesting the
establishment of a Neighborhood Enterprise Zone (NEZ) District for the parcel located at 2247 Valley
St.
Properties located within an NEZ District are eligible to apply for NEZ certificates, which provide a
reduction in residential property taxes for newly constructed homes.
Notice letters regarding the proposed district were sent to all affected taxing jurisdictions on June 10,
2025, and a public hearing was held on July 8, 2025. In accordance with state law, the resolution
establishing the district may not be adopted until at least 60 days after the notice letters were issued.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Improved community vibrancy through
infill development
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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 approve the creation of a Neighborhood Enterprise Zone District at 2247 Valley St. and
authorize the Mayor and City Clerk to sign the resolution.
Approvals: Name the Policy/Ordinance Followed:
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Immediate Division Public Act 147 of the Michigan Public Acts of
Head 1992
Information
Technology
Other Division Heads
Communication
Legal Review
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Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO CREATE A NEW NEIGHBORHOOD ENTERPRIZE ZONE
DISTRICT WITHIN THE CITY OF MUSKEGON
WHEREAS, the City of Muskegon currently has established Neighborhood Enterprise Zone
districts within the City, and;
WHEREAS, the City of Muskegon would like to create a new Neighborhood Enterprise Zone
district to a new location within the City, and;
WHEREAS, notices were sent to the local taxing jurisdictions on June 10, 2025, and;
WHEREAS, a public hearing was held regarding the creation of this new district July 8, 2025;
and
WHEREAS, the new district boundaries will include the property known as 2247 Valley (2247
Valley St., property #61-24-860-000-0159-00),” as shown in Attachment A, and;
WHEREAS, the total square footage of Neighborhood Enterprise Zone districts in Muskegon
will not exceed 15% of the total square footage of the City;
NOW, THEREFORE, BE IT RESOLVED that the new Neighborhood Enterprise Zone district in
the City of Muskegon have been approved.
Adopted this 12 day of August, 2025.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
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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 August 12, 2025.
By: ________________________
Ann Meisch
City Clerk
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Attachment A
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Driveway Easement to Benefit 1188
Lakeshore Dr
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
Staff presents a driveway easement benefitting 1188 Lakeshore Dr across the Lakeshore Trail and
adjacent former railroad right-of-way.
Detailed Summary & Background:
A resident of the City is proposing to build a home at 1188 Lakeshore Drive, and prior to closing on
the property their lender has requested a driveway easement from the City allowing the owner of the
property to cross the City's Lakeshore Trail property as well as the adjacent former railroad right-of-
way the City now owns. Staff have worked with the resident to address concerns regarding sight
distance at the trail crossing, and recommend approval of the easement.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Improved community vibrancy through
infill development
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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 approval of a driveway easement benefitting 1188 Lakeshore Dr across the Lakeshore Trail
and adjacent former railroad right-of-way.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X
Head
Information
Technology
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Other Division Heads
Communication
Legal Review X
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Attachment A
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Attachment B
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GRANT OF DRIVEWAY EASEMENT
This agreement (the “Agreement”) is entered into on this ______________, 2025, between
City of Muskegon, of 933 Terrace St, Muskegon, MI 49440 (the “Grantor”), and Gabriel
Wilhelm and _______________________, of ____________ (the “Grantee”), on the following
terms and conditions.
1. Purpose. Grantor and Grantee own adjacent parcels of land. Grantee wishes to
purchase an easement from Grantor across Grantor’s land for purposes of ingress
and egress from a public road, Western Avenue, to Grantee’s land, which will
burden Grantor’s parcel for the benefit of Grantee’s adjacent parcel.
2. Property. Grantor owns land in City of Muskegon, Michigan, described on the
attached Exhibit A (the “Burdened Property”). Grantee owns land in the City of
Muskegon, Michigan described on the attached Exhibit B (the “Benefited Property”).
3. Consideration. Grantee, in consideration of the grant of the easement stated in this
Agreement agrees to pay Grantor $[amount] payable at the time of the signing of
this Agreement.
4. Description of the Easement. Grantor grants to Grantee a non-exclusive right,
privilege, and perpetual easement for ingress and egress across the Burdened
Property for residential pedestrian and vehicular use as depicted on the attached
Exhibit B (the “Easement”). This Easement permits pedestrian and vehicular traffic
for the purposes of accessing, entering, exiting, and traveling to and from the
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Benefited Property and the nearest public road, W. Western, situated east of the
Burdened Property.
5. Condition and maintenance. Grantee shall be solely responsible for maintaining the
Easement and shall not allow it to become unsightly or a nuisance and so as to
afford continuous access and safe and unimpeded passage of vehicular and
pedestrian traffic on, over and across the Burdened Property. Any ruts shall be
promptly filled. The driveway shall be used only for access by residential traffic to
and from a single-family residence located on the Benefited Property. The use must
be for residential traffic only. Any damage caused to the Burdened Property by the
acts or neglects of the Grantee, or by the Grantee’s agents, lessees, employees,
contractors, or subcontractors shall be repaired or replaced solely by Grantee, at
its sole cost and expense. Further, Grantee shall, at its expense, maintain in good
order, condition and repair all areas, buildings, improvements, and other structures
located on the Benefited Property.
6. Covenants. As a condition to entering into this Agreement, the parties agree that the
following restrictions shall apply to the Benefited Property:
a. No structure other than a single-family residence and permitted accessory
structures, as allowed by the local zoning ordinance, shall be constructed or
placed on the Benefited Property without the prior written consent of
Grantor.
b. The Benefited Property shall not be split or subdivided without the prior
written consent of Grantor. If the Benefited Property is subdivided, this
Agreement may be assigned for the use of only one other single-family
residential parcel.
c. No trees shall be removed, nor shall any structure be built or located within
twenty (20) feet of the Burdened Property, except to the extent reasonably
necessary for the construction of a driveway to access the Benefited
Property in the least invasive manner possible.
7. Interest in realty. The Easement is for the use and benefit of the Benefited Property
and is to be an appurtenance to the Benefited Property and run with the land.
8. Insurance. The owner of the Benefited Property shall obtain liability insurance as
part of its owner’s policy for the Benefited Property to cover any liabilities that arise
as a result of the use by the owner of the Benefited Property of the Easement and
the owner of the Benefited Property’s liability policy shall name the owner of the
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Burdened Property as an insured party for the owner of the Benefited Property’s use
of the Easement.
9. Indemnification. Grantee agrees to defend, indemnify, and save harmless Grantor
from and against any and all liability or claim thereof (including, but not limited to,
reasonable attorney fees and costs), whether for injury to persons, including death,
or damage to property, which may be imposed upon, incurred by or asserted
against Grantor (i) arising in connection with or as a direct or indirect result of any
activity by Grantee, its employees, agents, lessees, contractors, or subcontractors
in, on or about the Grantor Property during the term of this Agreement; or (ii) arising
out of any negligent act or omission to act by Grantee, its agents, employees,
lessees, or contractors, or subcontractors during the term of this Agreement.
10. Recording. The parties shall record this Agreement with the Muskegon County
Register of Deeds.
11. No Waiver of Default. No waiver of any default by any party shall be implied from an
omission by another party to take any action in respect to a default if such default
continues or is repeated. One or more waivers of any default in the performance of
any term, provision or covenant of this Agreement shall not be deemed to be a
waiver of any subsequent default of same. The rights and remedies given to any
party to this Agreement shall be deemed to be cumulative and no one of such rights
and remedies shall be exclusive of any of the others, or of any other right or remedy
at law or in equity which any such party might otherwise have by virtue of a default
under this Agreement, and the exercise of one such right or remedy by any such
party shall not impair such party's standing to exercise any other right or remedy.
12. No Gift or Dedication. Nothing contained in this Agreement shall be deemed to be a
gift or dedication of any portion of the Burdened Property to the general public or for
any public purposes whatsoever, it being the intention that the easements created
herein shall be strictly limited to and for the purposes expressed in this Agreement.
13. Amendments. This Agreement may not be amended, modified, rescinded, limited,
or changed except by written agreement signed by the parties (or their successors
and assigns).
14. Entire agreement. This Agreement and all exhibits constitute the entire agreement
between the parties regarding the subject matter of this Agreement, and all prior
negotiations and agreements regarding the Easement between the parties, whether
written or oral, shall be of no further force and effect. This Agreement may not be
modified except by a written document signed by both parties.
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15. Notice. Except as otherwise provided, all notices required under this Agreement
shall be effective only if in writing or in a form of electronic or facsimile transmission
that provides evidence of receipt and shall be either personally served,
electronically transmitted, or sent with postage prepaid to the appropriate party at
its address as set forth in the introductory paragraph of this Agreement. Either party
may change its address by giving notice of the change or a new facsimile
transmission number to the other as provided in this section.
16. Severability. If any term, covenant, or condition of this Agreement or the application
of which to any party or circumstance shall be to any extent invalid or
unenforceable, the remainder of this Agreement, or the application of such term,
covenant, or condition to persons or circumstances other than those to which it is
held invalid or unenforceable, shall be effective, and each term, covenant, or
condition of this Agreement shall be valid and enforced to the fullest extent
permitted by law.
17. Counterparts. This Agreement may be executed in one or more counterparts, and
by separate counterpart signature pages, each of which shall be deemed to be an
original. Facsimile or pdf signatures shall be acceptable.
18. Jurisdiction and venue. Any disputes under this conveyance shall be subject to the
laws of the state of Michigan and venue for any disputes shall lie in Muskegon
County, Michigan.
19. Time is of the essence. Time shall be of the essence in the performance and actions
undertaken under this Agreement.
20. Exhibits. The following exhibits are attached to and are a part of this Agreement:
a. Exhibit A—Legal descriptions of the Benefited Property and the Burdened
Property
b. Exhibit B—Drawing and description of the Easement
21. Effective date. Owner and Grantee have signed this Agreement, and it shall be
effective as of the day and year first above written.
________________________________
, Grantor
Page 4 of 5
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________________________________
, Grantee
STATE OF MICHIGAN )
_____________ COUNTY )
Acknowledged before me in ____________ County, Michigan, on __________________, 2025
by _________________________ (Grantor).
/s/________________________________
Printed name:
Notary public, State of Michigan, County of _______________.
My commission expires _____________.
Acting in the County of ______________.
STATE OF MICHIGAN )
______________ COUNTY )
Acknowledged before me in ____________ County, Michigan, on __________________, 2025
by _________________________ (Grantee).
/s/________________________________
Printed name:
Notary public, State of Michigan, County of _______________.
My commission expires _____________.
Acting in the County of ______________.
Drafted by and when recorded return to:
Scott Sewick (P54392)
Van Tubergen, Treutler & Hayes, PLLC
114 N. Third St.
Grand Haven, MI 49417
616-844-3000
Page 5 of 5
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Concur with CRC Recommendation
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To concur with CRC recommendation to accept the resignation of Mike Gallavin from the Zoning
Board of Appeals and of Karen Evans from the District Library Board and appoint Walt Kubanek to
the Local Officer's Compensation Commission and Brandon Stewart to the Zoning Board of Appeals.
Detailed Summary & Background:
To accept the resignation of Mike Gallavin from the Zoning Board of Appeals as Resident with a term
ending 1/31/2026; accept the resignation of Karen Evans from the District Library Board as
Commission Appointment with a term ending 6/30/2027; appoint Walt Kubanek to the Local Officer's
Compensation Commission as Citizen with a term ending 1/31/2032; and appoint Brandon Stewart to
the Zoning Board of Appeals as Resident with a term ending 1/31/2026.
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
To accept the resignation of Mike Gallavin from the Zoning Board of Appeals and of Karen Evans
from the District Library Board and appoint Walt Kubanek to the Local Officer's Compensation
Commission and Brandon Stewart to the Zoning Board of Appeals.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
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Communication
Legal Review
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Designation of Voting Delegates for the
Michigan Municipal League Annual Business
Meeting
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To designate, by action of the Commission, one of our officials who will be in attendance at the
Convention as an official representative to cast the vote of the municipality at the Annual Meeting;
and, if possible, to designate one other official to serve as an alternate.
Detailed Summary & Background:
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
To appoint an official representative and alternate representative to be in attendance and to cast
the vote of the municipality at the Annual Business Meeting of the Michigan Municipal League
Convention.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
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