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CITY OF MUSKEGON
CITY COMMISSION MEETING
July 22, 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. Introduction of Jessica Grimm, Elections Coordinator City Clerk
☐ PUBLIC HEARINGS:
A. Request to establish a Plant Rehabilitation District at 701 W. Laketon Ave.
Economic Development
B. Request to establish a Commercial Rehabilitation District at 1700 Oak
Ave. Economic Development
☐ FEDERAL/STATE/COUNTY OFFICIALS UPDATE:
☐ PUBLIC COMMENT ON AGENDA ITEMS:
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Filtration Plant Air Wash Variable Frequency Drives (VFDS) Replacement
Public Works
C. Park Design Services Award DPW- Parks
D. DWSRF Construction Engineering 2025 Public Works
E. Amendment to the zoning ordinance - Extending the hours of operation
for marihuana retailers and provisioning centers. Planning
F. Amendment to the zoning ordinance - Allowing churches as a permitted
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use in civic buildings in the Form-Based Code, Downtown context area.
Planning
G. Amendment to the zoning ordinance - Allowing marinas as a permitted
use in Form-Based Code, Lakeside Mixed Residential districts. Planning
H. Allen Edwin/Green Development Ventures Lot Purchase and
Development Agreement Economic Development
☐ UNFINISHED BUSINESS:
☐ NEW BUSINESS:
A. Service Agreement With City Wise Software Economic Development
☐ 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: July 22, 2025 Title: Request to establish a Plant Rehabilitation
District at 701 W. Laketon Ave.
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
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.
Detailed Summary & Background:
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.
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.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Reduction of blighted commercial properties
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
I move to close the public hearing and approve the attached resolution establishing a Plant
Rehabilitation District at 701 W. Laketon Ave. and authorize the City Clerk and Mayor to sign.
Approvals: Guest(s) Invited / Presenting: Yes
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Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 4 of 127
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING A PLANT REHABILIATION DISTRICT AT 701 W. LAKETON AVE, MUSKEGON,
MI 49441
WHEREAS, pursuant to PA 198 of 1974, as amended, the City Commission of the City of Muskegon has the
authority to establish a Plant Rehabilitation District within the City of Muskegon; and
WHEREAS, SRS Fiberglass Products has petitioned the City Commission of the City of Muskegon to establish a
Plant Rehabilitation District on its property located in the City of Muskegon hereinafter described; and
WHEREAS, construction, acquisition, alteration, or installation of a proposed facility has not commenced at the
time of filing the request to establish this district; and
WHEREAS, written notice has been given by mail to all owners of real property located within the district, and to
the public by newspaper advertisement in the Muskegon Chronicle and public posting of the hearing on the
establishment of the proposed district; and
WHEREAS, on July 22, 2025 a public hearing was held at which all owners of real property within the proposed
Plant Rehabilitation District and all residents and taxpayers of the City of Muskegon were afforded an opportunity
to be heard thereon; and
WHEREAS, the City Commission of the City of Muskegon deems it to be in the public interest of the City of
Muskegon to establish the Plant Rehabilitation District as proposed.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Muskegon that the following
described parcel of land situated in the City of Muskegon, Muskegon County, and State of Michigan, to wit:
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is established as a Plant Rehabilitation District pursuant to the provisions of PA 198 of 1974, as amended, to be
known as 701 W. Laketon Plant Rehabilitation District.
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Adopted this 22nd Day of July 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 July 22, 2025.
______________________________
Ann Meisch
Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 22, 2025 Title: Request to establish a Commercial
Rehabilitation District at 1700 Oak Ave.
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
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
Detailed Summary & Background:
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.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Reduction of blighted commercial properties
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
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Recommended Motion:
I move to close the public hearing and approve the attached resolution establishing a Commercial
Rehabilitation District at 1700 Oak Ave. and authorize the City Clerk and Mayor to sign.
Approvals: Guest(s) Invited / Presenting: Yes
Immediate Division X
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 11 of 127
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE CREATION OF A COMMERCIAL REHABILITATION DISTRICT
1700 OAK AVE
WHEREAS, pursuant to PA 210 of 2005, the City of Muskegon has the authority to establish
“Commercial Rehabilitation Districts” within the City of Muskegon at request of itself or a commercial
business enterprise; and
WHEREAS, Muskegon-Central Park, LLC has requested the establishment of the Commercial
Rehabilitation District for an area in the vicinity of 1700 Oak Ave. located in the City of Muskegon
hereinafter described; and
WHEREAS, the City Commission of the City of Muskegon determined that the district meets the
requirements set forth in sections 2(b) and 3 of PA 210 of 2005; and
WHEREAS, written notice has been given by certified mail to the county and all owners of real property
located within the proposed district as required by section 3(3) of PA 210 of 2005; and
WHEREAS, a Public Hearing was held on July 22, 2025 at which the applicant, the assessor and
representatives of the affected taxing units were afforded an opportunity to be
heard;
WHEREAS, the City Commission deems it to be in the public interest of the City of Muskegon to
establish the Commercial Rehabilitation District as proposed;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Muskegon that the
following described parcel of land situated in the City of Muskegon, Muskegon County, and State of
Michigan, to wit:
CITY OF MUSKEGON SEC 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 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
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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.
Adopted this 22nd Day of July 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 July 22, 2025.
______________________________
Ann Meisch
Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 22, 2025 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To approve minutes of the July 8, 2025, City Commission Meeting.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
Approval of the minutes.
Approvals: Guest(s) Invited / Presenting: No
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 16 of 127
CITY OF MUSKEGON
CITY COMMISSION MEETING
July 8, 2025 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, July 8, 2025.
Pastor Dwayne Riley from Crestwood United Methodist Church, opened the
meeting with prayer, after which the Commission and public recited the
Pledge of Allegiance to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Rebecca St. Clair, Commissioners
Willie German, Jr., Rachel Gorman, Katrina Kochin, and Jay Kilgo, City Manager
Jonathan Seyferth, City Attorney John Schrier, and City Clerk Ann Marie Meisch
Absent: Commissioner Destinee Keener
2025-54 HONORS, AWARDS, AND PRESENTATIONS
A. Disability Pride Month Resolution Manager's Office
To adopt a resolution recognizing July as Disability Pride Month.
Jeffrey VanDyke explained why Disability Pride Month matters and
Commissioner Kochin read the Resolution.
Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to adopt a
resolution recognizing July as Disability Pride Month and to allow for the
displaying of the history and information on Disability Pride and disability
resources in the lobby of City Hall.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, and Kilgo
Nays: None
MOTION PASSES
2025-55 PUBLIC HEARINGS
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A. Request to Create a New Neighborhood Enterprise Zone District at 535
Yuba St Economic Development
Pursuant to Public Act 147 of the Michigan Public Acts of 1992 as amended,
staff has requested to create a new Neighborhood Enterprise Zone (NEZ) district
for a single-family home at 535 Yuba St.
This public hearing is being held to consider the establishment of a
Neighborhood Enterprise Zone (NEZ) district at 535 Yuba Street. Inclusion in a
NEZ district allows eligible property owners to apply for NEZ certificates, which
lower residential property taxes on newly constructed or rehabilitated homes.
Only the residential component of the proposed development at this address
would be affected by the NEZ designation.
In accordance with Public Act 147 of 1992, as amended, notice of the
proposed NEZ district was mailed to all affected local taxing jurisdictions on
June 12, 2025. Per state requirements:
• A public hearing must be held within 45 days of the notice being sent.
• The resolution establishing the NEZ district may not be adopted until at
least 60 days after notice was issued
The resolution to establish the NEZ district at 535 Yuba Street is scheduled to
return to the City Commission for consideration on August 12, 2025.
State law allows up to 15% of a local government’s total land area to be
designated as NEZ districts. The City of Muskegon is currently at 13.17%. The
addition of the proposed NEZ district at 535 Yuba Street would remain within
the allowable limit.
STAFF RECOMMENDATION: I move to close the public hearing for the NEZ District
at 535 Yuba St.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Kilgo, second by Commissioner Kochin, to close the
public hearing for the NEZ District at 535 Yuba Street.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and German
Nays: None
MOTION PASSES
B. Request to Create a New Neighborhood Enterprise Zone District at 2127
Austin St. Economic Development
Page 2 of 19
Page 18 of 127
Pursuant to Public Act 147 of the Michigan Public Acts of 1992 as amended,
staff has requested to create a new Neighborhood Enterprise Zone (NEZ) district
for 2127 Austin St.
This public hearing is being held to consider the establishment of a
Neighborhood Enterprise Zone (NEZ) district at 2127 Austin St. Inclusion in a NEZ
district allows eligible property owners to apply for NEZ certificates, which lower
residential property taxes on newly constructed or rehabilitated homes. Only
the residential component of the proposed development at this address would
be affected by the NEZ designation.
In accordance with Public Act 147 of 1992, as amended, notice of the
proposed NEZ district was mailed to all affected local taxing jurisdictions on
June 12, 2025. Per state requirements:
• A public hearing must be held within 45 days of the notice being sent.
• The resolution establishing the NEZ district may not be adopted until at
least 60 days after notice was issued.
The resolution to establish the NEZ district at 2127 Austin Street is scheduled to
return to the City Commission for consideration on August 12, 2025.
State law allows up to 15% of a local government’s total land area to be
designated as NEZ districts. The City of Muskegon is currently at 13.17%. The
addition of the proposed NEZ district at 2127 Austin Street would remain within
the allowable limit.
STAFF RECOMMENDATION: I move to close the public hearing for the NEZ District
at 2127 Austin St.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner St.Clair, second by Commissioner Kilgo, to close the
public hearing for the NEZ District at 2127 Austin St.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, German, and Gorman
Nays: None
MOTION PASSES
C. Request to Create a New Neighborhood Enterprise Zone District at 2262
Austin St. Economic Development
Pursuant to Public Act 147 of the Michigan Public Acts of 1992 as amended,
staff has requested to create a new Neighborhood Enterprise Zone (NEZ) district
for 2262 Austin St.
This public hearing is being held to consider the establishment of a
Neighborhood Enterprise Zone (NEZ) district at 2262 Austin St. Inclusion in a NEZ
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district allows eligible property owners to apply for NEZ certificates, which lower
residential property taxes on newly constructed or rehabilitated homes. Only
the residential component of the proposed development at this address would
be affected by the NEZ designation.
In accordance with Public Act 147 of 1992, as amended, notice of the
proposed NEZ district was mailed to all affected local taxing jurisdictions on
June 12, 2025. Per state requirements:
• A public hearing must be held within 45 days of the notice being sent.
• The resolution establishing the NEZ district may not be adopted until at
least 60 days after notice was issued.
The resolution to establish the NEZ district at 2262 Austin Street is scheduled to
return to the City Commission for consideration on August 12, 2025.
State law allows up to 15% of a local government’s total land area to be
designated as NEZ districts. The City of Muskegon is currently at 13.17%. The
addition of the proposed NEZ district at 2262 Austin would remain within the
allowable limit.
STAFF RECOMMENDATION: I move to close the public hearing for the NEZ District
at 2262 Austin St.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner German, second by Commissioner Kilgo, to close the
public hearing for the NEZ District at 2262 Austin St.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, German, Gorman, and Kochin
Nays: None
MOTION PASSES
D. Request to Create a New Neighborhood Enterprise Zone District at 1920,
1930, 1940, 1950 & 1960 South Getty St. Economic Development
Pursuant to Public Act 147 of the Michigan Public Acts of 1992 as amended,
staff has requested to create a new Neighborhood Enterprise Zone (NEZ) district
for 1920, 1930, 1940, 1950 & 1960 South Getty St.
This public hearing is being held to consider the establishment of a
Neighborhood Enterprise Zone (NEZ) district at 1920, 1930, 1940, 1950 & 1960
South Getty St. Inclusion in a NEZ district allows eligible property owners to apply
for NEZ certificates, which lower residential property taxes on newly constructed
or rehabilitated homes. Only the residential component of the proposed
development at this address would be affected by the NEZ designation.
In accordance with Public Act 147 of 1992, as amended, notice of the
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proposed NEZ district was mailed to all affected local taxing jurisdictions on
June 12, 2025. Per state requirements:
• A public hearing must be held within 45 days of the notice being sent.
• The resolution establishing the NEZ district may not be adopted until at
least 60 days after notice was issued.
The resolution to establish the NEZ district at 1920, 1930, 1940, 1950 & 1960 South
Getty St. is scheduled to return to the City Commission for consideration on
August 12, 2025.
State law allows up to 15% of a local government’s total land area to be
designated as NEZ districts. The City of Muskegon is currently at 13.17%. The
addition of the proposed NEZ district at 1920, 1930, 1940, 1950 & 1960 South
Getty St. would remain within the allowable limit.
STAFF RECOMMENDATION: I move to close the public hearing for 1920, 1930,
1940, 1950 & 1960 South Getty St.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Kochin, second by Commissioner Kilgo, to close
the public hearing for 1920, 1930, 1940, 1950 & 1960 South Getty St.
ROLL VOTE: Ayes: Johnson, Kilgo, German, Gorman, Kochin, and St.Clair
Nays: None
MOTION PASSES
E. Request to Create a New Neighborhood Enterprise Zone District at 2209
Valley St. Economic Development
Pursuant to Public Act 147 of the Michigan Public Acts of 1992 as amended,
staff has requested to create a new Neighborhood Enterprise Zone (NEZ) district
for 2209 Valley St.
This public hearing is being held to consider the establishment of a
Neighborhood Enterprise Zone (NEZ) district at 2209 Valley St. Inclusion in a NEZ
district allows eligible property owners to apply for NEZ certificates, which lower
residential property taxes on newly constructed or rehabilitated homes. Only
the residential component of the proposed development at this address would
be affected by the NEZ designation.
In accordance with Public Act 147 of 1992, as amended, notice of the
proposed NEZ district was mailed to all affected local taxing jurisdictions on
June 12, 2025. Per state requirements:
• A public hearing must be held within 45 days of the notice being sent.
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• The resolution establishing the NEZ district may not be adopted until at
least 60 days after notice was issued.
The resolution to establish the NEZ district at 2209 Valley St. is scheduled to
return to the City Commission for consideration on August 12, 2025.
State law allows up to 15% of a local government’s total land area to be
designated as NEZ districts. The City of Muskegon is currently at 13.17%. The
addition of the proposed NEZ district at 2209 Valley St. would remain within the
allowable limit.
STAFF RECOMMENDATION: I move to close the public hearing for 2209 Valley St.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Vice Mayor St.Clair, second by Commissioner Kochin, to close the
public hearing for 2209 Valley St.
ROLL VOTE: Ayes: Kilgo, German, Gorman, Kochin, St.Clair, and Johnson
Nays: None
MOTION PASSES
F. Request to Create a New Neighborhood Enterprise Zone District at 2247
Valley St. Economic Development
Pursuant to Public Act 147 of the Michigan Public Acts of 1992 as amended,
staff has requested to create a new Neighborhood Enterprise Zone (NEZ) district
for 2247 Valley St.
This public hearing is being held to consider the establishment of a
Neighborhood Enterprise Zone (NEZ) district at 2247 Valley St. Inclusion in a NEZ
district allows eligible property owners to apply for NEZ certificates, which lower
residential property taxes on newly constructed or rehabilitated homes. Only
the residential component of the proposed development at this address would
be affected by the NEZ designation.
In accordance with Public Act 147 of 1992, as amended, notice of the
proposed NEZ district was mailed to all affected local taxing jurisdictions on
June 12, 2025. Per state requirements:
• A public hearing must be held within 45 days of the notice being sent.
• The resolution establishing the NEZ district may not be adopted until at
least 60 days after notice was issued.
The resolution to establish the NEZ district at 2247 Valley St. is scheduled to
return to the City Commission for consideration on August 12, 2025.
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Page 22 of 127
State law allows up to 15% of a local government’s total land area to be
designated as NEZ districts. The City of Muskegon is currently at 13.17%. The
addition of the proposed NEZ district at 2247 Valley St. would remain within the
allowable limit.
STAFF RECOMMENDATION: I move to close the public hearing for 2247 Valley St.
The Public Hearing opened to hear and consider any comments from the
public. Comments were made from Pastor Dwayne Riley.
Motion by Commissioner German, second by Vice Mayor St.Clair, to close the
public hearing for 2247 Valley St.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, and Kilgo
Nays: None
MOTION PASSES
G. Request to Create a New Neighborhood Enterprise Zone District at 2155
Continental St. Economic Development
Pursuant to Public Act 147 of the Michigan Public Acts of 1992 as amended,
staff has requested to create a new Neighborhood Enterprise Zone (NEZ) district
for 2155 Continental St.
This public hearing is being held to consider the establishment of a
Neighborhood Enterprise Zone (NEZ) district at 2155 Continental St. Inclusion in a
NEZ district allows eligible property owners to apply for NEZ certificates, which
lower residential property taxes on newly constructed or rehabilitated homes.
Only the residential component of the proposed development at this address
would be affected by the NEZ designation.
In accordance with Public Act 147 of 1992, as amended, notice of the
proposed NEZ district was mailed to all affected local taxing jurisdictions on
June 12, 2025. Per state requirements:
• A public hearing must be held within 45 days of the notice being sent.
• The resolution establishing the NEZ district may not be adopted until at
least 60 days after notice was issued.
The resolution to establish the NEZ district at 2155 Continental St. is scheduled to
return to the City Commission for consideration on August 12, 2025.
State law allows up to 15% of a local government’s total land area to be
designated as NEZ districts. The City of Muskegon is currently at 13.17%. The
addition of the proposed NEZ district at 2247 Valley St. would remain within the
allowable limit.
Page 7 of 19
Page 23 of 127
STAFF RECOMMENDATION: I move to close the public hearing at 2155
Continental St.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Kochin, second by Commissioner Kilgo, to close the
public hearing at 2155 Continental St.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, and Kilgo
Nays: None
MOTION PASSES
FEDERAL/STATE/COUNTY OFFICIALS UPDATE
No comments were received.
PUBLIC COMMENT ON AGENDA ITEMS
No public comments were received.
2025-56 CONSENT AGENDA
A. Approval of Minutes City Clerk
To approve minutes of the June 24, 2025, City Commission Meeting.
STAFF RECOMMENDATION: Approval of the minutes.
B. Purchase of Tax Auction Properties Planning
Purchase of vacant lots and one house from the County Treasurer.
Prior to the August 1st, 2025, Tax Auction, the City has the opportunity to express
interest in vacant land and houses to the County Treasurer. There is 1 address
(1764 Manz) with a home on it, that will be developed by the CNS Department
with HOME funds and sold to buyers at or below the 80% AMI. There are 5
vacant lots (872 E Forest, 1642 Dyson, 181 Irwin, 1500 Park, and 771 McLaughlin)
that will be used to help further infill housing goals. All properties purchased will
be for public purposes. Three properties were removed from the original list of
properties (240 Mason, 436 Catawba, and 159 W Larch). These properties' cost
was originally $11,355.87. Notice was given today (7/8/25) that an Intent to
Claim was filed with the County Treasurer's office by previous owners, raising
the total cost of these three addresses to $166,800. When an Intent to Claim is
filed, the minimum purchase amount is changed to fair market value, or double
the SEV.
STAFF RECOMMENDATION: Authorize the Code Coordinator to proceed with
the purchase of the addresses in the letter of intent from the Muskegon County
Treasurer Tax Auction, 8/1/2025.
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D. Adoption of the Muskegon County Hazard Mitigation Plan Public Safety
Staff seeks the adoption of the Muskegon County Hazard Mitigation Plan and
approval of the corresponding resolution of support.
Muskegon County Emergency Management completed the Muskegon County
Hazard Mitigation Plan (HMP) 2024-2029 Edition. The document was prepared in
accordance with the Disaster Mitigation Act of 2000 to identify and assess the
County’s risk and vulnerabilities to hazards, and to outline strategies and
options for minimizing the damage and impact of future disasters.
The HMP is a required document in order for local agencies to pursue state and
federal grant funding.
The County is requesting the City's adoption of a resolution in support of the
HMP.
The document can be accessed at -
https://co.muskegon.mi.us/1973/Emergency-Management
STAFF RECOMMENDATION: I move to adopt the Muskegon County Hazard
Mitigation Plan and authorize the Mayor and Clerk to sign the resolution.
F. Sale of 1783 Smith Planning
Staff is seeking authorization to sell the City-owned vacant lot at 1783 Smith to
B&L Properties #1 LLC (Brian Tierman).
B&L Properties #1 LLC (Brian Tierman) would like to purchase the City-owned
buildable lot at 1783 Smith for $2,775 (75% of the True Cash Value of $3,700) plus
half of the closing costs, and the fee to register the deed. Brian Tierman, an
adjacent property owner and local business owner, will be constructing a
duplex on the property. The lot dimensions are 45' x 125.5' (5,647.5 sq ft),
meeting the requirements for a duplex build.
STAFF RECOMMENDATION: Authorize staff to sell the City-owned vacant lot at
1783 Smith to B&L Properties #1 LLC (Brian Tierman).
I. Certification of MERS Representatives Finance
Assigning Delegates for MERS Conference.
The MERS plan document provides that "the governing body for each
municipality shall certify the names of (2) delegates to the Annual
Meeting. One delegate shall be a member who is an officer of the
municipality appointed by the governing body of the municipality. The other
delegate shall be a member who is not an officer of the municipality, elected
by the municipal officers/employees of the municipality."
The City's employee units previously agreed to a rotating system (based on the
date of joining MERS) to select one official employee representative. This year,
the official employee representative attending the MERS conference will be
Scott Hepworth from Police Command.
The Officer Delegate will be Jessica Rabe, Assistant Finance Director, this year.
STAFF RECOMMENDATION: To approve Jessica Rabe (Assistant Finance Director)
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as designated delegate to MERS Conference and to make Scott Hepworth
employee representative.
K. MML Workers' Compensation Fund Board Ballot Manager's Office
As a member of the Michigan Municipal League's (MML) Worker's
Compensation Fund, the City of Muskegon votes for the fund's board members.
The recommended slate of four candidates can be found on the page
following the memo.
As a member of the Michigan Municipal League's (MML) Worker's
Compensation Fund, the City of Muskegon votes for the fund's board members.
The Commission must approve a slate of up to four candidates. The
recommended slate of candidates include the following individuals:
• Brian Boggs, City Councilmember, City of Durand
• Maureen Donker, Mayor, City of Midland
• Craig Stolsonburg, Village Manager, Village of Middleville
• Deborah Stuart, City Manager, Mason City
STAFF RECOMMENDATION: To approve the MML Workers' Compensation Fund
Board of Trustees slate as presented and authorize the City Manager to sign.
L. Rezoning of 62 Irwin Ave from Neighborhood Residential (R) to Low-
Density Multiple Family Residential (RM-1). (SECOND
READING) Planning
Request to rezone the property at 62 Irwin Ave from R, Neighborhood
Residential to RM-1, Low-Density Multiple Family Residential. The Planning
Commission unanimously (6-0, 3 members absent) recommended approval of
the request.
The property is zoned R-1, Neighborhood Residential. The parcel measures
13,200 sq ft, and the vacant church on-site measures 2,583 sq ft. The applicant
would like to convert the former church building into residential units. The
current zoning would allow up to a duplex, but the building is large enough to
host more units. A rezoning to RM-1 would allow up to 16 units per acre, which
would be four units on this property, assuming each unit would meet the
necessary size requirements. With RM-1 zoning, the applicant would also have
the option to apply for a special use permit for a single-room occupancy
building, which he is also considering.
The parcels to the west along Peck Street are also zoned RM-1. However, staff
have been holding focus group discussions with these business owners about
the possibility of rezoning the district to form-based code. Initial discussions were
very positive and well-received. Even if these parcels were to be rezoned away
from RM-1, the rezoning of 62 Irwin should still be considered for a rezoning to
this designation, and staff do not believe this would be considered a spot zone.
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The Master Plan specifically talks about being flexible with the zoning of former
civic buildings and allowing more density in their redevelopment.
Notice was sent to all properties within 300 feet of this parcel. At the time of this
writing, staff had not received any comments from the public.
STAFF RECOMMENDATION: I move to approve the request to rezone the
property at 62 Irwin Ave from R, Neighborhood Residential to RM-1, Low-Density
Multiple Family Residential.
M. Rezoning of 1188 Lakeshore Dr from Lakefront Recreation (LR) to Form
Based Code, Urban Residential (FBC, UR). (SECOND READING) Planning
Request to rezone the property at 1188 Lakeshore Dr from Lakefront Recreation
(LR) to Form Based Code, Urban Residential (FBC-UR). The Planning Commission
unanimously (6-0, 3 members absent) recommended approval of the request.
This vacant lot measures 1.6 acres and is zoned LR, Lakefront Recreation. It is
located between the Lakeshore Yacht Harbour marina and Adelaide Point
and is owned by Cole's Quality Foods. The applicant is considering purchasing
the property and would like to build a single-family house to live in. The LR
zoning designation does not allow for housing. The lot does not have frontage
on a street, but the applicant is working with Lakeshore Yacht Harbour to
obtain an easement from the southern end of this lot to W. Western Ave.
The applicant is requesting to rezone the property to Form Based Code, Urban
Residential, which would allow up to a duplex and an accessory dwelling unit,
in terms of density. However, he is only planning on developing one single-
family house. Much of the lot is unusable for construction as it lies below the
ordinary high watermark, and there is also a large slope in the building footprint
area. Utilities will need to be installed underneath the former railroad ROW, and
the applicant will be responsible for obtaining easements from CSX. A driveway
will also need to be installed at the end of the cul-de-sac and across the bike
path. A permit from the City Engineering Department will be required.
The future land use map in the Master Plan identifies this parcel as "Lakeshore,"
which is described as "Mixed-use development and recreational, water-related
activities located along the Muskegon Lake shoreline. The large lot sizes,
uniquely shaped parcels, and wide range of permitted uses, Planned Unit
Developments (PUD) are common in this land use category."
A site plan is not required for a rezoning request, but one has been provided to
show how the development would work. The applicant has worked with city
staff to create a driveway that would be placed in a way to minimize conflict
with the bike path.
STAFF RECOMMENDATION: I move to approve the request to rezone the
property at 1188 Lakeshore Dr from Lakefront Recreation to Form Based Code,
Urban Residential.
P. Water Supply System Bonds Series 2025 Finance
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Ordinance authorizing the issuance of a Water Supply Junior Lien Revenue
Bond Series 2025.
The bonds are expected to be sold to the Michigan Finance Authority and
payable in 20 annual principal installments at an interest rate of 2.0%. Bond
closing is scheduled for August 28th.
Estimated Principal Forgiveness has yet to be determined.
STAFF RECOMMENDATION:
To authorize the issuance of Water Sewer Supply System Bonds, Series 2025 for
an amount not to exceed $15,000,000.00
Q. Marshall Water Tower Improvements Project Public Works
Authorize the award of the Marshall Water Tower Improvements Project to 7
Brothers Painting, and authorize the Clerk to sign the resolution.
Our engineering consultant Prein & Newhof solicited bids for Marshall Water
Tower Improvements Project including painting of the interior and adding a
mixer. This project was introduced to the Commission at an earlier Commission
meeting when the engineering work was awarded. It was also included in our
DWRF Project Plans in June of 2021.
The low bidder, Seven Brothers Painting has completed similar projects and is
recommended by staff and Prein & Newhof. Their bid of $2,553,952.00 is below
the engineers estimate. This project is financed through the sale of bonds in
partnership with the State of Michigan Lean Water and Drinking Water
Revolving Funds. The State of Michigan programs offer grants and principal
forgiveness for portions of the project. We anticipate that when bonds are sold
later this summer, we will be offered grants and forgiveness worth 20% of the
water system cost. A portion of the project will be financed and added to the
water and sewer debt fees. Staff will estimate the debt fees associated with
this project once grants and bonds are finalized.
STAFF RECOMMENDATION: I move to approve award of the Marshall Water
Tower Improvements Project to Seven Brothers Painting, and authorize the Clerk
to sign the resolution.
R. DWSRF FY 2025 - Lead Service Line Replacement Public Works
Authorize the award of the Lead Service Line Replacements Project (LSLR) to
the low bidder, Gustafson HDD, LLC, and authorize the Clerk to sign the
resolution.
Our engineering consultant Prein & Newhof solicited bids for Lead Service line
replacement within portions of the Nims and Marsh Field area
neighborhoods. This project was introduced to the Commission at an earlier
meeting when the engineering work was awarded. It was also included in our
DWRF Project Plans in May of 2024.
Gustafson HDD, LLC was the low bidder with a bid of $7,188,070.00 which was
well below the engineer's estimate. Therefore, Prein & Newhof worked with the
state and identified additional lead service lines that could be added to the
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contract. Staff is requesting approval of a pre-award change order in the
amount of $2,330,863.28 in addition to the low bid amount of $7,188,070.00 to
bring the total contract amount to $9,518,933.28 which will allow the city to
take full advantage of bonding and principal forgiveness being offered to us
through the state and replace an additional 320 lead service lines within the
City.
Gustafson HDD, LLC has previously performed this type of work well within the
City of Muskegon and is currently working on a similar project here in the City of
Muskegon that is also overseen by Prein & Newhof.
STAFF RECOMMENDATION: To approve the award of the 2025 Lead Service Line
Replacement Contract to Gustafson, HDD,LLC, contingent upon successful
financial arrangements with the DWRF program, and authorize the Clerk to sign
the resolution.
S. DWSRF FY 2025 - Butler & Catherine Avenue Reconstruction Project
Award Public Works
Award the DWSRF FY-25 Butler & Catherine Avenue Reconstruction Project to
Kamminga & Roodvoets in the low bid amount of $3,604,621.50.
Our engineering consultant Prein & Newhof solicited bids for the Reconstruction
of Butler and Catherine Avenue Project.The project was introduced to the
Commission at a previous meeting when the engineering work was awarded
and was also included in our DWSRF Project Plans in May of 2024.
The Low bidder, Kamminga & Roodvoets, has performed similar projects for the
City including most recently the Wilcox-Thompson Utility Improvements and
Street Reconstruction Project, and is recommended by staff and Prein &
Newhof. Their bid of $3,604,621.50 is below the engineer's estimate.
This project is financed through the sale of bonds in partnership with the State
of Michigan Drinking Water Revolving Funds. The State of Michigan programs
offer grants and principal forgiveness for portions of the project. We anticipate
that when bonds are sold later this summer, we will be offered forgiveness
worth approx. 20% of the water system cost. For this project, that amount is
estimated at $2,797,000. The remainder of the project will be financed with a
2.00% interest rate for 20 years.
The portion of the project that will be financed will be added to the water debt
fees which will be calculated when the bond sale is complete.
STAFF RECOMMENDATION: I move to approve award of the Butler and
Catherine Reconstruction Project to Kamminga & Roodvoets contingent upon
successful financial arrangements with the DWSRF program, and authorize the
Clerk to sign the resolution.
Motion by Commissioner Kilgo, second by Commissioner German, to adopt the
Consent Agenda as presented minus items C, E, G, H, J, N, and O.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and German
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Nays: None
MOTION PASSES
2025-57 ITEMS REMOVED FROM THE CONSENT AGENDA
C. City Support Emergency Operations Plan Public Safety
Staff seeks adoption of the City's updated Support Emergency Operations Plan.
Public Safety staff seek the adoption of an updated City-specific Support
Emergency Operations Plan (EOP) which describes how the City will handle
emergency situations in cooperation with the County and MSP Emergency
Management agencies. The scope of the Support EOP is limited to severe
weather events, as other areas of emergency management responsibility will
remain with the County of Muskegon’s Emergency Manager. The goal is to
coordinate emergency response efforts, before, during and after, and respond
to any emergency, and describe response procedures. The Support EOP does
not contain specific instructions as to how each department will respond to an
emergency; these can be found in the Plan annexes. This Plan will assist staff in
accomplishing our primary responsibilities of protecting lives and property.
STAFF RECOMMENDATION: I move to adopt the updated City's Support
Emergency Operations Plan.
Motion by Commissioner Kochin, second by Commissioner Kilgo, to adopt the
updated City's Support Emergency Operations Plan.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, German, and Gorman
Nays: None
MOTION PASSES
E. Sale of 617, 625, 635, 638, and 644 Oak Planning
Staff is seeking authorization to sell the City-owned vacant lots at 617, 625, 635,
638, and 644 Oak to Sjaarda Homes and Properties LLC (Derek Sjaarda).
Sjaarda Homes and Properties LLC (Derek Sjaarda) would like to purchase the
City-owned buildable lots at 617, 625, 635, 638, and 644 Oak for $15,150 (75% of
the True Cash Value of $20,200) plus half of the closing costs, and the fee to
register the deed. Sjaarda Homes and Properties LLC (Derek Sjaarda) will be
constructing a duplex on each property.
STAFF RECOMMENDATION: Authorize staff to sell the City-owned vacant lots at
617, 625, 635, 638, and 644 Oak to Sjaarda Homes and Properties LLC (Derek
Sjaarda).
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Motion by Commissioner German, second by Commissioner Kilgo, to authorize
staff to sell the City-owned vacant lots at 617, 625, 635, 638, and 644 Oak to
Sjaarda Homes and Properties LLC (Derek Sjaarda).
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, German, Gorman, and Kochin
Nays: None
MOTION PASSES
G. Annual Action Plan Budget 2025 Community & Neighborhood Services
The budgets for both CDBG and HOME funds are for your review and consent.
The Annual Action Plan Budgets are presented to the Commission for approval
based on the Department of Housing and Urban Development (HUD)
appropriations for FY2024. The Community Planning and Development (CPD)
office-funded programs are Community Development Block Grant (CDBG)
and HOME investment Partnerships (HOME) and the allocations total
$1,178,377.76 for eligible programs administered by the office of Community
and Neighborhood Services.
STAFF RECOMMENDATION: To approve the 2024 Annual Action Plan Budgets for
CDBG and HOME Programs.
Motion by Commissioner German, second by Commissioner Kochin, to
approve the 2024 Annual Action Plan Budgets for CDBG and HOME Programs.
ROLL VOTE: Ayes: Johnson, Kilgo, German, Gorman, Kochin, and St.Clair
Nays: None
MOTION PASSES
H. Sale of 802 & 818 Wood Planning
Staff is seeking authorization to sell the City-owned vacant lots at 802 & 818
Wood to Jeffrey Vos, Infrastructure C & E.
Jeffrey Vos, Infrastructure C & E, would like to purchase the City-owned
buildable lots at 802 & 818 Wood for $7,500 (75% of the True Cash Value of
$10,000) plus half of the closing costs, and the fee to register the deed. Jeffrey
Vos, Infrastructure C & E, will be constructing seven (7) single-family homes on
the site. The parcels will be combined and split into seven separate parcels.
STAFF RECOMMENDATION: Authorize staff to sell the City-owned vacant lots at
802 & 818 Wood to Jeffrey Vos, Infrastructure C & E.
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Motion by Commissioner German, second by Commissioner Kilgo, to authorize
staff to sell the City-owned vacant lots at 802 & 818 Wood to Jeffrey Vos,
Infrastructure C & E.
ROLL VOTE: Ayes: Kilgo, Gorman, Kochin, St.Clair, and Johnson
Nays: German
MOTION PASSES
J. Burning Foot Camping DPW- Parks and Recreation
The Burning Foot event organizers are requesting approval to allow camping at
Pere Marquette and Margaret Drake Elliott on August 23, 2025, and amend the
camping fee to 10% of the camping revenue instead of $20 per tent.
Burning Foot is returning to Pere Marquette on August 23, 2025. In the past,
camping was allowed south of the bathhouse and some RVs at Margaret
Drake Elliott Park. There could be up to 300 tent sites and 30 RV campsites.
Current policy states that approval must be given by the City Commission to
have camping at an event.
Policy also states the City Commission may opt to collect a percentage of
camping revenue for larger events in lieu of $20 per night per camper or tent.
Historically, this event had a fee of 10% of camping revenue instead of $20/site.
The event charges $70 per tent site and $200 per RV site. Therefore, if 10% of
camping revenue is used for the fee, the city cost would be $7 per tent site and
$20 per RV site. If all sites were reserved, event fee camping revenue at $20/site
would be $6,600 versus $2,700 at 10% of camping revenue. Burning Foot is also
charged a Pere Marquette use fee for the space and all vehicles must have a
parking pass.
STAFF RECOMMENDATION: To authorize camping at Burning Foot at Pere
Marquette and Margaret Drake Elliott on August 23, 2025, and accept 10% of
their camping revenue as a fee to the City.
Motion by Commissioner Kochin, second by Commissioner Kilgo, to authorize
camping at Burning Foot at Pere Marquette and Margaret Drake Elliott on
August 23, 2025, and accept 10% of their camping revenue as a fee to the City.
ROLL VOTE: Ayes: German, Gorman, St.Clair, Johnson, and Kilgo
Nays: Kochin
MOTION PASSES
N. Beach Concession Application - Shady Lay-Days Beach Chair and
Umbrella Rentals DPW- Parks
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The Parks Department has received an application from Shady Lay-Days to
provide beach chair & umbrella rentals at Pere Marquette Park. The benefit for
the City of Muskegon would be additional revenue as the concession policy
states that vendors at this location would pay $1,000 + 5% of gross receipts. This
would also allow visitors the convenience of renting a comfortable chair and
umbrella during their time at the beach. Hours and frequency are to be
determined, but this service will be offered on weekends and would use
Indiana Ave. to house a trailer and has requested the use of an ATV to haul the
equipment.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with
Shady Lay-Days for concession services at Pere Marquette Park.
Motion by Commissioner Kochin, second by Commissioner German, to
authorize staff to enter into an agreement with Shady Lay-Days for concession
services at Pere Marquette Park.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, and Kilgo
Nays: None
MOTION PASSES
O. Water & Sewer Rate Changes 2025 Public Works
Staff requests adoption of the two resolutions setting water and sewer rates for
the fiscal year from July 1, 2025 to June 30, 2026.
At the February Legislative Policy Committee meeting staff presented a
synopsis of the water system finances, including that the water system has
made significant progress toward solvency but remains in debt to other City
funds by about $330,000 at the close of the 23-24 fiscal year.
Staff is recommending no changes to the sewer rate, except for the updated
debt service fee as described below. Staff recommends a 10% increase in the
water commodity rate from $2.27 per unit to $2.50 per unit, and recommends
the updated debt service fee described below.
This is the third year of the debt service fee, and the second time it will be
updated on an annual basis. This fee, when combined from all accounts,
represents the total amount of debt paid in the prior fiscal year (for example,
the fee proposed at this time will reimburse the system for the debt paid in the
fiscal year ending June 30, 2024). Each year, staff will make an accounting of
the amount of debt paid by each of the systems and will present adjustments
to the fee for consideration by the Commission. This will more directly tie the
projects the City performs to the amount of the water bill, and will allow the fee
to be reduced as certain bonds or other debts fall off of the system books.
The fee is distributed on a meter equivalency basis, meaning a typical
residential account will pay the fee at a rate of “one,” while commercial and
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industrial accounts will pay the fee at a potentially higher rate depending on
the size of their water meter. Irrigation accounts will not pay the fee, assuming
they are tied to a domestic water account at the same address. A breakdown
of the meter equivalency calculations using factors from the American Water
Works Association (AWWA) is available. The water system paid $1,192,364 in
debt payments for the fiscal year ending June 30, 2024, and the sewer system
paid $425,188 for the same period. Using the chart, the fee will be $5.98 per
month for a residential account on the water system, and $2.13 per month for a
residential account on the sewer system. This represents a $0.15 increase in the
combined debt service fees compared to the current fees.
City Code states that the City Commission sets the water and sewer rates by
resolution. The resolutions will establish the rates and fees described herein,
effective July 1, 2025.
STAFF RECOMMENDATION: Adoption of the two resolutions setting water and
sewer rates for the fiscal year from July 1, 2025, to June 30, 2026.
Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to adopt the
two resolutions setting water and sewer rates for the fiscal year from July 1,
2025, to June 30, 2026.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and German
Nays: None
MOTION PASSES
2025-58 NEW BUSINESS
A. CRC Appointments and Resignation City Clerk
Appoint a citizen to the Local Officer's Compensation Commission with an
expiring term of January 31, 2032, accept the resignation of Thomas DeVoogd
from the District Library Board, and accept the recommendation from the
Board to appoint Brad Hastings for the remainder of the term expiring June 30,
2026.
We currently have one opening and one application. The application is Philip
Hickman who currently serves on the Equal Opportunity Committee. We also
ask that the board accept the resignation of Thomas DeVoogd and consider
the application for Brad Hastings to the District Library Board.
STAFF RECOMMENDATION: Appoint a citizen to the Local Officer's
Compensation Commission with an expiring term of January 31, 2032, accept
the resignation of Thomas DeVoogd, and appoint Brad Hastings to the District
Library Board with a term ending June 30, 2026.
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Motion by Vice Mayor St.Clair, second by Commissioner Kilgo, to accept the
resignation of Thomas DeVoogd, and appoint Brad Hastings to the District
Library Board with a term ending June 30, 2026.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, German, and Gorman
Nays: None
MOTION PASSES
ANY OTHER BUSINESS
Commissioner German stated that he has concerns with all the development
that has been going on reference property lines. Make sure we do everything
we can to make sure everyone is satisfied.
Mayor Johnson stated Senior Power Produce started today at the Muskegon
Farmers Market and continues every Tuesday until money runs out.
Summer Youth Evening Rec. Program, Path Finders is leading it and it is being
held at Charles Hackley Middle School, Monday-Thursday through August 7,
from 5:00 p.m. to 9:00 p.m., for ages 8-20.
City Manager Jonathan Seyferth announced that those who were unable to
attend the Shoreline Trails and Greenway Meeting last month can go online
and complete the survey. Deputy City Manager LeighAnn Mikesell will be
attending the July 22nd Meeting.
Commissioner Kochin announced the Pop-Up Party is at Campbell Field,
Wednesday, July 9th from 4:00 p.m. to 5:30 p.m.; and Street Performers will be in
Lakeside, Thursday, July 10th 6:00 p.m. to 8:00 p.m.
Mayor Johnson announced that the Food Trucks will be at the Muskegon
Farmers Market, Wednesday, July 9th from 5:00 p.m. to 8:00 p.m.
GENERAL PUBLIC COMMENT
Public comments received.
ADJOURNMENT
The City Commission meeting adjourned at 8:55 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 22, 2025 Title: Filtration Plant Air Wash Variable Frequency
Drives (VFDS) Replacement
Submitted by: Joshua Parmer, Water Filtration Department: Public Works
Brief Summary:
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.
Detailed Summary & Background:
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.
• 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.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
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2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Maximized efficient use of existing infrastructure
Amount Requested: Budgeted Item:
$67,556.00 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
591-558-971-92034 (Water Filtration Capital Yes X No N/A
Repairs)
Recommended Motion:
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
Approvals: Guest(s) Invited / Presenting: No
Immediate Division X
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 37 of 127
Detail Bill of Material Page 1 of 3
Project Nam e: City of Muskegon Clean Water VFD Negotiation No: GR600817X3K1
General Order No: SGR1367365 Alternate No: 0007
Item No. Qty Product Description
1 EESS SAT
***See Approval Drawings for Comments and Clarifications***
Start-up Contact: Contractor
BRANDON SLATER
Estimated Start-up Date:
A Coordination Study does not exist.
Catalog No U0210-104
Designation EESS Testing
Qty List of Materials
1 EESS Office: Detroit, MI, quote as of 7/9/2025 5:56:15 PM
1 Jobsite: , Muskegon, Michigan 49440
1 Drive Time: 2.54 Hours
1 1 Test Equipment Setup Locations
4 Customer Training Provided by EESS: 4 Hours
1 Service Entrance Ground Fault / ARMS Testing
2 Drives - Enclosed
Item No. Qty Product Description
1 Drives - Enclosed EGS 6-Pulse Enclosed Drive w/ 5% Dual DC Link Choke, 75 HP
(56 KW) Low Overload (IL) Rated, 480VAC Three Phase Input,
NEMA 12 Enclosure
Catalog No EGS0964A280GD00000+
Designation Pump 1
Catalog No Qty List of Materials
Circuit Breaker 1 Circuit Breaker
Engineered 1 Engineered Options
Options
--->100KAIC 1 --->100KAIC Rated
Rated
SPD (40KA per 1 SPD (40KA per phase)
phase)
DV/DT Filter 1 DV/DT Filter
Output Contactor 1 Output Contactor
Misc Light 1 Misc 30mm Push-To-Test Pilot Light - 10250T Series
Spare Terminal 4 Spare Terminal Block
Block
Reset Button 1 30mm Reset Button - 10250T Series
Control Relay 5 Control Relay
Timer Relay 2 Timer Relay
Speed Pot 1 30mm Speed Pot - 10250T Series
HOA Switch 1 30mm HOA Switch - 10250T Series
Misc Switch 1 Misc 30mm Selector Switch - 10250T Series
Varnished Boards 1 Varnished Boards (Standard)
(Standard)
Subject to Selling Policy 25-000 Seller shall not be responsible for
any failure to perform, or delay in performance of, its obligations
resulting from the COVID-19 pandemic or any future epidemic,
and Buyer shall not be entitled to any damages resulting thereof.
Page 38 of 127
Detail Bill of Material Page 2 of 3
Project Nam e: City of Muskegon Clean Water VFD Negotiation No: GR600817X3K1
General Order No: SGR1367365 Alternate No: 0007
Catalog No Qty List of Materials
Standard 1 DX Enclosure
Enclosure
CA Drawings by 1 CA Drawings by Plant
Plant
Standard freight 1 Standard freight
1 Special: Motor Terminal Block
1 Special: ON/OFF SWITCH - REMOTE, SPARE CONTACTS QUOTED
FOR THIS USE
1 Special: Same control wiring and layout as the MGR00693 drawings
Item No. Qty Product Description
1 Drives - Enclosed EGS 6-Pulse Enclosed Drive w/ 5% Dual DC Link Choke, 75 HP
(56 KW) Low Overload (IL) Rated, 480VAC Three Phase Input,
NEMA 12 Enclosure
Catalog No EGS0964A280GD00000+
Designation Pump 2
Catalog No Qty List of Materials
Circuit Breaker 1 Circuit Breaker
Engineered 1 Engineered Options
Options
--->100KAIC 1 --->100KAIC Rated
Rated
SPD (40KA per 1 SPD (40KA per phase)
phase)
DV/DT Filter 1 DV/DT Filter
Output Contactor 1 Output Contactor
Misc Light 1 Misc 30mm Push-To-Test Pilot Light - 10250T Series
Spare Terminal 4 Spare Terminal Block
Block
Reset Button 1 30mm Reset Button - 10250T Series
Control Relay 5 Control Relay
Timer Relay 2 Timer Relay
Speed Pot 1 30mm Speed Pot - 10250T Series
HOA Switch 1 30mm HOA Switch - 10250T Series
Misc Switch 1 Misc 30mm Selector Switch - 10250T Series
Varnished Boards 1 Varnished Boards (Standard)
(Standard)
Standard 1 DX Enclosure
Enclosure
CA Drawings by 1 CA Drawings by Plant
Plant
Standard freight 1 Standard freight
1 Special: Motor Terminal Block
1 Special: ON/OFF SWITCH - REMOTE, SPARE CONTACTS QUOTED
FOR THIS USE
1 Special: Same control wiring and layout as the MGR00693 drawings
Eaton Selling Policy 25-000 applies.
Subject to Selling Policy 25-000 Seller shall not be responsible for
any failure to perform, or delay in performance of, its obligations
resulting from the COVID-19 pandemic or any future epidemic,
and Buyer shall not be entitled to any damages resulting thereof.
Page 39 of 127
Detail Bill of Material Page 3 of 3
Project Nam e: City of Muskegon Clean Water VFD Negotiation No: GR600817X3K1
General Order No: SGR1367365 Alternate No: 0007
If Eaton and the buyer entity listed on this purchase order have a separate executed written agreement for the products/services herein, then that
agreement applies. Otherwise, Eaton’s Selling Policy 25000 (https://www.eaton.com/ca/en-gb/support/terms-conditions.html) controls and supersedes
all prior correspondence or communications between Eaton and the buyer, and any additional or different terms proposed by the buyer are rejected.
All orders must be released for manufacture within 90 days of date of order entry. If approval drawings are required, drawin gs must be returned
approved for release within 60 days of mailing. If drawings are not returned accordingly, and/or if shipment is delayed for any reason, the price of the
order will increase by 1.0% per month or fraction thereof for the time the shipment is delayed.
Seller shall not be responsible for any failure to perform, or delay in performance of, its obligations resulting from the CO VID-19 pandemic or any
future epidemic, and Buyer shall not be entitled to any damages resulting thereof.
Subject to Selling Policy 25-000 Seller shall not be responsible for
any failure to perform, or delay in performance of, its obligations
resulting from the COVID-19 pandemic or any future epidemic,
and Buyer shall not be entitled to any damages resulting thereof.
Page 40 of 127
Eaton Site Acceptance Testing Services
Notes
Comments and Clarifications
The information on this document is PREPARED BY DATE
created by Eaton. It is disclosed in BRANDON SLATER 7/9/2025 Eaton
confidence and it is only to be used for
the purpose in which it is supplied. APPROVED BY DATE JOB NAME City of Muskegon Clean Water VFD
DESIGNATION EESS Testing
VERSION TYPE DRAWING TYPE
1.0.0.0 EESS Customer Appr.
NEG-ALT Number REVISION DWG SIZE G.O. ITEM SHEET
GR600817X3K1-0007 A SGR1367365 1 of 1
Page 41 of 127
Page 1 of 4
Eaton’s Site Acceptance Testing Services
Eaton’s Engineering Services provides the expertise needed to keep your power system safe, efficient,
reliable, and up to date. Our extensive range of expertise helps businesses make the most of their existing
equipment by optimizing performance and extending the lifespan. Our electrical services engineers and
technicians diagnose problems, identify ways to improve performance and transform concepts into flexible,
practical solutions that can improve productivity and use of capital. With more than 1500 highly trained
professionals in 60 engineering service locations throughout the U.S. and Canada, Eaton’s Engineering
Services has a complete local, national, and international capability, to provide a full range of electrical, civil
and mechanical equipment services.
Qualifications and Experience
Eaton is committed to providing the highest quality services, while providing advanced product-based
solutions. Our team are experts in site acceptance testing for Eaton and third-party equipment. On a new
construction project, or modification to an existing electrical system, the verification that a system is
performing in accordance with the design professional’s plans and specifications is one of the most
important functions performed.
Scope of Work
Eaton will provide the necessary field service personnel, tools, materials, and approved test equipment to
perform the scope of work as described in the attached Bill of Material.
Testing Clarifications
1. Standard factory warranty coverage is extended by 12 months, on Eaton manufactured equipment,
when site acceptance testing is performed by Eaton's Electrical Engineering Services & Systems
(EESS).
2. All testing will be performed by Eaton's Electrical Engineering Services & Systems (EESS) per
Eaton's standard testing guidelines unless otherwise specified in Bill of Material.
3. If NETA testing is specified, and provided by Eaton, Eaton takes exception to NETA certification and
membership or Nationally Recognized Testing Laboratory (NRTLs) requirements. Eaton field
personnel are certified to test power distribution equipment per IEEE, NEMA, NFPA and NETA
standards by the National Institute for Certification in Engineering Technologies (NICET) Electrical
Power Testing Certification Program. This program provides an independent verification of the
capabilities, knowledge, and experience of our field personnel for electrical testing. The Electrical
Power Testing certification program is for technicians who test equipment used in the production,
transmission, and distribution of electrical power. These technicians are engaged in inspection,
testing, and periodic maintenance of electrical power equipment, and evaluation of such equipment
for acceptance for service, continued serviceability, or required maintenance.
4. Testing will be completed on the specific electrical equipment, whereas, if not clearly identified, circuit
breakers below 200 amperes and transformers below 75kVA are not tested.
5. All test results will be evaluated in accordance with manufacturer’s published data where available.
6. No “Optional” NETA tests are included.
7. Customer to provide settings and relay logic configuration files for protective devices. Note: Eaton
can provide an adder for the required power system studies and input/output logic.
8. If Eaton has quoted cable testing in the BOM, cable tests are performed with the cables disconnected
from their normal position.
9. If Eaton has quoted cable testing in the BOM the customer should provide a safety watch at the
opposite end of the cables to be tested.
10. If Eaton has quoted cable testing in the BOM the ends of the cables to be tested should NOT be
taped up so that the ends are easily accessible.
GO/NEG-Alt-Date: Job Name:
SGR1367365-0007-7/9/2025 City of Muskegon Clean Water VFD
Item Number: Catalog Number: Designation:
U0210-104 EESS Testing
Page 42 of 127
Page 2 of 4
11. All liquid filled transformers listed in the BOM will have oil samples tested per the following: The DGA
test is tested per ASTM D-3612 and the GQ oil test is tested per the following: Moisture content
(ASTM D-1533b), Interfacial Tension (ASTM D-971), Acid Number (ASTM D-974), Color Number &
Visual Exam (ASTM D-1500, 1524), Dielectric Breakdown (ASTM D-877), & Specific Gravity (ASTM
D-1298).
12. No load bank testing is included with the testing of any battery systems listed in the Eaton BOM.
General Clarifications
Method of procedure (MOP) development or meeting time not outlined in the scope of work will be treated
as an extra.
Customer will be responsible for the following:
1. Provide a stable 1P, 480V, 125A source of power capable of supplying power to Eaton’s Primary
Current Injection test set. If not, generator rental fees will apply and will be billed separately from the
dollar amount listed herein.
2. Identify site contact for this project.
3. Work together with Eaton on scheduling work.
4. Customer will supply a complete set of electrical plans, including the plant single-line diagram,
specifications, and any pertinent change orders that may impact the acceptance testing of the
equipment to Eaton before commencement of work.
5. Provide plant personnel to work with Eaton test engineers as required during the planning phase and
during the on-site testing phase.
6. Customer shall supply a suitable and stable source of power for operation of test and motorized
equipment at each test site when normal power is removed or authorize Eaton to obtain a source of
auxiliary power, Eaton shall specify requirements. Any non-standard generators rentals will result in a
price adder to this proposal.
7. Provide manufacturers maintenance manuals and tools (normally supplied with equipment) to Eaton
for equipment prior to outage.
8. All equipment shall be set in place and assembled prior to arrival on site for acceptance testing.
Coordination on site during equipment installation and assembly can be provided as a separate order
at the quoted hourly rates.
9. The customer will coordinate all outages and perform all switching to de-energize and isolate
equipment to be tested.
10. The customer shall make all equipment available upon arrival of Eaton personnel, including removal
from service to permit continuous progression of work. Delay time in making equipment available will
be treated as an extra.
11. Provide crane and operator if required.
12. Provide a secure storage area for any removed equipment, test equipment, and materials.
Eaton Responsibilities
1. Provide a project manager as a single point of contact that will work directly with customer personnel
to create and manage the schedule and outages.
2. Organize team meetings and establish safety procedures in accordance with your plant protocol.
3. Survey project including electrical equipment contained with our scope of services.
4. Meet as a project team to finalize schedule and establish staging areas for plant approval.
5. Shall furnish test engineers, tools, equipment, materials, supplies and transportation.
6. Provide and install safety locks, as required.
GO/NEG-Alt-Date: Job Name:
SGR1367365-0007-7/9/2025 City of Muskegon Clean Water VFD
Item Number: Catalog Number: Designation:
U0210-104 EESS Testing
Page 43 of 127
Page 3 of 4
7. Perform voltage test and install necessary circuit / equipment safety grounds to assure safe working
conditions.
8. Make necessary minor adjustments required to bring equipment to satisfactory operating condition.
9. Obtain authorization in advance before performing any extra work.
10. Upon completion of work:
10.1. Remove safety grounds installed by Eaton.
10.2. Remove safety locks installed by Eaton.
11. Provide detailed written reports on the condition of the equipment.
Terms
Any order arising out of this offer will be governed by the conditions contained in Eaton Selling Policy 25-
000 for US work, or 25-000C for Canada, unless both parties mutually agree to other terms and conditions
in writing. This offer is valid for 30 days unless otherwise extended, modified, or withdrawn, in writing, by
Eaton. A 3% surcharge will be added to all credit card transactions except where prohibited.
This proposal, as presented, is not subject to prevailing wage requirements. In the event that the project
necessitates the payment of prevailing wages by the contractor and all subcontractors, including Eaton,
for work performed under this proposal, Eaton reserves the right to amend the pricing to ensure
compliance with prevailing wage statutes.
Safety Training of Eaton Field Personnel
Safety standards are in place to meet or exceed NFPA 70E requirements, and appropriate Personal
Protective Equipment (PPE) has been issued. Customer required safety training for Eaton personnel,
beyond the time specified in the Bill of Material will be charged at the standard rates.
Safety Clarifications
1. Eaton will not perform work activities in situations where the proper level of PPE is not practical. At
no time will work be performed when the arc-flash exposure levels are above 40 cal/cm2.
2. To establish an electrically safe work condition, the customer is to provide an up-to-date site electrical
one-line diagram(s) for lockout/tagout purposes showing all sources of power.
3. For electrical outages requiring utility isolation, the customer and utility shall coordinate lockout/tagout
requirements with Eaton in a written plan of execution.
4. Customer shall be responsible to perform all switching. Any requirement of Eaton for perform
switching will require customer signature and a minimum of two EESS personnel present. Additional
charges will apply.
On Site Customer Training Time
1. All training listed in the Eaton BOM is provided during normal business hours (8AM – 5PM) at straight
time prices. Any training which occurs during overtime hours will result in a price adder.
2. Customer to provide classroom for onsite training if listed in the Eaton BOM. Customer to make
equipment available for onsite training.
3. Requests for video recording of Eaton provided training will require signature of Eaton release form
and privacy waiver by end customer. All video recording will be done by Eaton.
Communication Packages
Configuration and testing of communication systems is not included in site acceptance testing.
Lifts
The customer will need to supply any type of lift to mobilize equipment on site and the customer will supply
personnel lifting equipment, if required. Any additional lifts supplied by Eaton will result in a price adder.
GO/NEG-Alt-Date: Job Name:
SGR1367365-0007-7/9/2025 City of Muskegon Clean Water VFD
Item Number: Catalog Number: Designation:
U0210-104 EESS Testing
Page 44 of 127
Page 4 of 4
Extended Warranty
Standard factory warranty coverage is extended by 12 months, on Eaton manufactured equipment, when
site acceptance testing is performed by Eaton's Electrical Engineering Services & Systems (EESS)
Overtime
If straight time work is required to be performed on an overtime basis, Customer will be billed the difference
between the straight time and overtime rate. Saturday overtime rate applies to all time worked in excess of
eight (8) hours / day Monday through Friday and all time worked on Saturday. Sunday / Holiday overtime
rate applies to all time worked on Sundays and Holidays.
Delay Time
If Eaton arrives onsite to perform scheduled work and the work is cancelled, Eaton will charge Customer
four (4) hours minimum per person, plus travel expenses if no replacement work can be scheduled. If
sufficient notice (72 hours) is given to Eaton when canceling scheduled work, no extra charge will apply.
Weather delays may be considered as an extra, if required. Weather delays may increase the estimated
completion time.
Outside Personnel
If Eaton is required to bring additional personnel in from outside the area the following travel policy will be
in effect: Travel will be based on portal-to-portal time not to exceed 8 hours at the quoted hourly rate per
hour plus travel expenses at cost plus 25 percent.
Standby & Reconnect Fees
Applicable fees for outage related costs including standby and reconnect services are not included.
Eaton
1000 Eaton Boulevard
Cleveland, OH 44122
United States
Eaton.com
© 2025 Eaton Corporation
All Rights Reserved Eaton is a registered trademark.
Printed in USA
Publication No. SDSATFS0225R00 All trademarks are property
February 2025 of their respective owners.
GO/NEG-Alt-Date: Job Name:
SGR1367365-0007-7/9/2025 City of Muskegon Clean Water VFD
Item Number: Catalog Number: Designation:
U0210-104 EESS Testing
Page 45 of 127
Effective February 2025
Technical Data TD027005EN Supersedes December 2024
Eaton’s Electrical Engineering
Services & Systems
Warranty extension terms
Site acceptance testing (SAT) and study requirements
Supplement to Selling Policy 25-000
Coverage requirements
When both the following services are completed, the factory warranty is extended by twelve (12) months at no
additional charge.
1. Site acceptance testing (SAT) as specified and provided by Eaton.
2. A short-circuit and protective device coordination study performed by Eaton or a third-party under the
supervision of a licensed professional engineer.
Limitations/exceptions/clarifications
Warranty coverage provided in accordance with Eaton Selling Policy 25-000
Twelve-month extension increases the warranty term as follows:
• Twenty-four (24) months from the date of installation of the product, or thirty (30) months
from the date of shipment of the product, whichever occurs first
Excludes the following products covered under separate factory-supported warranty programs:
• Low-voltage drives: Coverage as detailed in drives sales bulletin TD040003EN
• Power quality products: e.g., uninterruptible power supplies (UPSs), surge protection
devices (SPDs), power distribution units (PDUs), power factor correction, UPS batteries, etc.
• Power monitoring software: e.g., Intelligent Power Manager (IPM), Visual Power Manager (VPM),
Eaton Foreseer®
• E-House enclosures and sourced non-Eaton transformers; extended warranties can be
provided for a fee
• Eaton Omaha Power Center electro-centers
Eaton
1000 Eaton Boulevard
Cleveland, OH 44122
United States
Eaton.com
©2025 Eaton
All Rights Reserved Eaton is a registered trademark.
Printed in USA
Publication No. TD027005EN All other trademarks are property
February 2025 of their respective owners.
GO/NEG-Alt-Date: Job Name:
SGR1367365-0007-7/9/2025 City of Muskegon Clean Water VFD
Item Number: Catalog Number: Designation:
U0210-104 EESS Testing
Page 46 of 127
General Information: Drives - Enclosed
Drive Schedule
Item Qty Equipment ID Catalog Number Output HP Output Amps Output Voltage
1 Pump 1 EGS0964A280GD0 75 96 480VAC Three
0000+ Phase
Item Information
Design Series: Enclosed 6-Pulse DG1 Drive
Output Power: 75 HP (56 KW)
Rated Output Current (Amps): 96
Input Voltage: 480VAC Three Phase
Input Frequency 45 to 66 Hz
Output Voltage: 480VAC Three Phase
Output Frequency 0 to 320 Hz
Branch Protection: Circuit Breaker
Short Circuit Current Rating: 100KAIC
Enclosure NEMA Rating: NEMA 12
Enclosure Size: DX
Drive Frame Size: FR4
Onboard Comms: BACnet MS/TP, Ethernet/IP, Modbus, & Modbus TCP
Optional Comms: None
Enclosure Information
NEMA Rating: NEMA 12
Height (in): 82.85
Width (in): 30.92
Depth (in): 24.03
Weight (lbs): 400
Circuit Protection
Protection Type: FDC3200L
Lugs: 3TA225FD
Wire Range: 4-4/0
Disconnect Current Rating: 200
Fuse Type: None
Special Mods
Qty Description
1 Motor Terminal Block
1 ON/OFF SWITCH - REMOTE, SPARE CONTACTS QUOTED FOR THIS USE
1 Same control wiring and layout as the MGR00693 drawings
The information on this document is PREPARED BY DATE
created by Eaton Corporation. It is BRANDON SLATER 7/9/2025 Eaton
disclosed in confidence and it is only to
be used for the purpose in which it is APPROVED BY DATE JOB NAME City of Muskegon Clean Water VFD
supplied. DESIGNATION Pump 1
VERSION TYPE DRAWING TYPE
10.0.12.0 Drives - Enclosed Customer Appr.
NEG-ALT Number REVISION DWG SIZE G.O. ITEM SHEET
GR600817X3K1-0007 0 A SGR1367365 1 of 1
Page 47 of 127
Page: 1 of 1
8 7 6 5 4 3 2 1
9.50
[241.3]
D 14.75 D
[374.7]
TOP AVAILABLE
CONDUIT LOCATION BOTTOM CONDUIT ACCESS LOCATION
SHOWN WITH FLOOR STANDS REMOVED
CONDUIT
ACCESS
10.50
4.50 4.50
[266.7]
[114.3] [114.3]
10.50
CONDUIT
ACCESS
[266.7]
BOTTOM AVAILABLE
29.30 CONDUIT LOCATION
[744.2] 14.75
[374.7]
4.00 [101.6]
MINIMUM FREE AIR .44 [11.2]
SPACE REQUIRED 9.50
MOUNTING HOLES [241.3]
(2 PLACES)
C C
3.00 [76.2]
MINIMUM FREE AIR
SPACE REQUIRED
LOCKOUT DISCONNECT DIMENSIONS FOR STAND MOUNTING
HANDLE
.44 (8 PLACES)
STANDARD KEYPAD
22.56
[573.0] 6.13
[155.6]
OPTIONAL
76.35
OPERATOR
82.35 [1939.3] 82.85
ELEMENTS
[2091.7] [2104.4]
B 1.62 B
67.89 [41.1]
[1724.4] 8.38
[212.9]
22.12
[561.8]
28.88
[733.6]
QUARTER TURN LATCHES
6 PLACES
NOTES:
LOCKABLE QUARTER
FINISH: ENCLOSURE - ANSI 61 (LIGHT) GRAY.
TURN
WEIGHT: APPROXIMATELY 900 LBS. [408] KG.
MATERIAL: 14GA (0.0747) [1.90] CRS.
DIMENSIONS: INCHES, [MILLIMETERS].
A CONSTRUCTION: NEMA TYPE 12 OVERSIZE A
DATE (YYYY/MM/DD)
30.92
TITLE DRAFTER/DESIGNER
DX ENCL/TYPE12 S. CHAUDHARI 2020/10/09
1.76 22.48
[785.4] EATON CORPORATION - CONFIDENTIAL AND PROPRIETARY SIZE DRAWING REVISION
[44.8] [571.1] NOTICE TO PERSONS RECEIVING THIS DOCUMENT AND/OR TECHNICAL INFORMATION
THIS DOCUMENT, INCLUDING THE DRAWING AND INFORMATION CONTAINED THEREON, IS CONFIDENTIAL AND IS THE
EXCLUSIVE PROPERTY OF EATON CORPORATION, AND IS MERELY ON LOAN AND SUBJECT TO RECALL BY EATON AT ANY TIME.
D
NUMBER
84-39488-DX20 007
BY TAKING POSSESSION OF THIS DOCUMENT, THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THIS DOCUMENT CANNOT UNLESS OTHERWISE SPECIFIED
BE USED IN ANY MANNER ADVERSE TO THE INTERESTS OF EATON AND THAT NO PORTION OF THIS DOCUMENT MAY BE DIMENSIONS IN
COPIED OR OTHERWISE REPRODUCED WITHOUT THE PRIOR WRITTEN CONSENT OF EATON. IN THE CASE OF CONFLICTING INCHES [MILLIMETERS]
CONTRACTUAL PROVISIONS, THIS NOTICE SHALL GOVERN THE STATUS OF THIS DOCUMENT.
SCALE SHEET
C 2017 Eaton Corporation, All Rights Reserved NA 1 OF 1
8 7 6 5 4 3 2 1
GO/NEG-Alt-Date: Job Name:
SGR1367365-0007-7/9/2025 City of Muskegon Clean Water VFD
Item Number: Catalog Number: Designation:
EGS0964A280GD00000+ Pump 1
Page 48 of 127
Page: 1 of 1
8 7 6 5 4 3 2 1
D D
APPLY EDGE TRIM ALONG ENTIRE
LENGTH OF VERTICAL SHEET METAL
EDGE THAT INTERFACES WITH TOP
SURFACE OF ENCLOSURE.
C C
B B
INSTALL BUG SCREENS OVER VENTS ON
INSIDE SURFACE. AS POSSIBLE, MINIMIZE UNLESS OTHERWISE SPECIFIED DRAFTER/DESIGNER DATE (YYYY/MM/DD)
EATON CORPORATION - CONFIDENTIAL AND PROPRIETARY
AMOUNT OF TAPE COVERING VENT OPENINGS. DIMENSIONS IN
X.X
X.XX
INCHES
0.1
0.02
N. BUZZARD
ENGINEERING APPROVED
2017/07/31
MANUFACTURING
NOTICE TO PERSONS RECEIVING THIS DOCUMENT AND/OR TECHNICAL INFORMATION
THIS DOCUMENT, INCLUDING THE DRAWING AND INFORMATION CONTAINED THEREON, IS CONFIDENTIAL AND IS THE
EXCLUSIVE PROPERTY OF EATON CORPORATION, AND IS MERELY ON LOAN AND SUBJECT TO RECALL BY EATON AT ANY TIME.
BY TAKING POSSESSION OF THIS DOCUMENT, THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THIS DOCUMENT CANNOT
X.XXX 0.005 N. BUZZARD H. FASKING BE USED IN ANY MANNER ADVERSE TO THE INTERESTS OF EATON AND THAT NO PORTION OF THIS DOCUMENT MAY BE
X 1 COPIED OR OTHERWISE REPRODUCED WITHOUT THE PRIOR WRITTEN CONSENT OF EATON. IN THE CASE OF CONFLICTING
REVISION DESCRIPTION ECO# ECO-29261
A X.X .5 CONTRACTUAL PROVISIONS, THIS NOTICE SHALL GOVERN THE STATUS OF THIS DOCUMENT. A
C 2017 Eaton Corporation, All Rights Reserved
DRAWING IN ACCORDANCE WITH
TITLE
ASME Y14.5M-1994 NEXT GENERATION ENCLOSED
DX ENCLOSURE
BUG SCREEN PLACEMENT
SIZE DRAWING REVISION
X.XX+/-XX SYMBOLS PER
ST 468-1143 D
NUMBER
10-10814 001
ENG/MFG REFERENCE CHANGE RESPONSIBILITY
ICD-P050-1-ETO
CLASS CODE SCALE SHEET
NA NA 1 OF 1
8 7 6 5 4 3 2 1
GO/NEG-Alt-Date: Job Name:
SGR1367365-0007-7/9/2025 City of Muskegon Clean Water VFD
Item Number: Catalog Number: Designation:
EGS0964A280GD00000+ Pump 1
Page 49 of 127
8 7 6 5 4 3 2 1
D D
C C
REMOTE RUN FAULT
BACK
RESET
OK
STOP START
B B
A DRAFTER/DESIGNER DATE (YYYY/MM/DD)
A
DIMENSIONS IN
INCHES AUTO GENERATED 2018/06/01 NOTICE TO PERSONS RECEIVING THIS DOCUMENT AND/OR TECHNICAL INFORMATION
THIS DOCUMENT, INCLUDING THE DRAWING AND INFORMATION CONTAINED THEREON, IS CONFIDENTIAL AND IS THE
ENGINEERING APPROVED MANUFACTURING EXCLUSIVE PROPERTY OF EATON CORPORATION, AND IS MERELY ON LOAN AND SUBJECT TO RECALL BY EATON AT ANY TIME.
P. FANDUZZI JR H. FASKING BY TAKING POSSESSION OF THIS DOCUMENT, THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THIS DOCUMENT CANNOT
BE USED IN ANY MANNER ADVERSE TO THE INTERESTS OF EATON AND T``HAT NO PORTION OF THIS DOCUMENT MAY BE
REVISION DESCRIPTION ECO # ECO-137309 COPIED OR OTHERWISE REPRODUCED WITHOUT THE PRIOR WRITTEN CONSENT OF EATON. IN THE CASE OF CONFLICTING
CONTRACTUAL PROVISIONS, THIS NOTICE SHALL GOVERN THE STATUS OF THIS DOCUMENT.
C 2018 Eaton Corporation, All Rights Reserved
ASME Y14.5M-1994 TITLE
287006-80_ALL
EGS SCHEMATIC
CB/SPD\DVDT\CNTR\POT\HOA
SIZE DRAWING REVISION
ST
SYMBOLS PER
468-1143 D
NUMBER
287006-80GD00 012
ENG/MFG REFERENCE CHANGE RESPONSIBILITY
ADG_287006_ALL ICD-P050-1
ADG_REV010 464-1027
50-42024 MECH TORQ SHEET
50-42025 ELECT TORQ NA 1 OF 1
8 7 6 5 4 3 2 1 DSD_DFM_ACAD_IN.DWG REV 1
GO/NEG-Alt-Date: Job Name:
SGR1367365-0007-7/9/2025 City of Muskegon Clean Water VFD
Item Number: Catalog Number: Designation:
EGS0964A280GD00000+ Pump 1
Page 50 of 127
8 7 6 5 4 3 2 1
D D
C C
B B
1
ON
2
3
DO 14
+10V 1
24Vo 15
AI1+ 2
GND 16
AI1- 3
AO1+ 17
AI2+ 4
AO2+ 18
AI2- 5
24Vi 19
GND 6
DIN1 20
DIN5 7
DIN2 21
DIN6 8
DIN3 22
DIN7 9
DIN4 23
DIN8 10
CMA 24
CMB 11
25
GND 12
26
24Vo 13
ON
31
27 1
32
28
33
29
34
30
A DRAFTER/DESIGNER DATE (YYYY/MM/DD)
A
DIMENSIONS IN
INCHES AUTO GENERATED 2015/06/29 NOTICE TO PERSONS RECEIVING THIS DOCUMENT AND/OR TECHNICAL INFORMATION
THIS DOCUMENT, INCLUDING THE DRAWING AND INFORMATION CONTAINED THEREON, IS CONFIDENTIAL AND IS THE
ENGINEERING APPROVED MANUFACTURING EXCLUSIVE PROPERTY OF EATON CORPORATION, AND IS MERELY ON LOAN AND SUBJECT TO RECALL BY EATON AT ANY TIME.
P. FANDUZZI JR H. FASKING BY TAKING POSSESSION OF THIS DOCUMENT, THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THIS DOCUMENT CANNOT
BE USED IN ANY MANNER ADVERSE TO THE INTERESTS OF EATON AND THAT NO PORTION OF THIS DOCUMENT MAY BE
REVISION DESCRIPTION ECO # ECO-062724 COPIED OR OTHERWISE REPRODUCED WITHOUT THE PRIOR WRITTEN CONSENT OF EATON. IN THE CASE OF CONFLICTING
CONTRACTUAL PROVISIONS, THIS NOTICE SHALL GOVERN THE STATUS OF THIS DOCUMENT.
C 2015 Eaton Corporation, All Rights Reserved
ASME Y14.5M-1994 TITLE
287007-D4_P1
EGS CONNECTIONS - D ENCL FR4
CB/FUSE/SPD\CNTR\POT\HOA
SIZE DRAWING REVISION
ST
SYMBOLS PER
468-1143 D
NUMBER
287007-D450AD00 005
ENG/MFG REFERENCE CHANGE RESPONSIBILITY
ADG_287007_D4_P1_V001 ICD-EC-6
ADG_REV006
50-42024 MECH TORQ SCALE SHEET
NA 1 OF253
8 7 6 5 4 3 2 1 DSD_DFM_ACAD_IN.DWG REV 1
GO/NEG-Alt-Date: Job Name:
SGR1367365-0007-7/9/2025 City of Muskegon Clean Water VFD
Item Number: Catalog Number: Designation:
EGS0964A280GD00000+ Pump 1
Page 51 of 127
General Information: Drives - Enclosed
Drive Schedule
Item Qty Equipment ID Catalog Number Output HP Output Amps Output Voltage
1 Pump 2 EGS0964A280GD0 75 96 480VAC Three
0000+ Phase
Item Information
Design Series: Enclosed 6-Pulse DG1 Drive
Output Power: 75 HP (56 KW)
Rated Output Current (Amps): 96
Input Voltage: 480VAC Three Phase
Input Frequency 45 to 66 Hz
Output Voltage: 480VAC Three Phase
Output Frequency 0 to 320 Hz
Branch Protection: Circuit Breaker
Short Circuit Current Rating: 100KAIC
Enclosure NEMA Rating: NEMA 12
Enclosure Size: DX
Drive Frame Size: FR4
Onboard Comms: BACnet MS/TP, Ethernet/IP, Modbus, & Modbus TCP
Optional Comms: None
Enclosure Information
NEMA Rating: NEMA 12
Height (in): 82.85
Width (in): 30.92
Depth (in): 24.03
Weight (lbs): 400
Circuit Protection
Protection Type: FDC3200L
Lugs: 3TA225FD
Wire Range: 4-4/0
Disconnect Current Rating: 200
Fuse Type: None
Special Mods
Qty Description
1 Motor Terminal Block
1 ON/OFF SWITCH - REMOTE, SPARE CONTACTS QUOTED FOR THIS USE
1 Same control wiring and layout as the MGR00693 drawings
The information on this document is PREPARED BY DATE
created by Eaton Corporation. It is BRANDON SLATER 7/9/2025 Eaton
disclosed in confidence and it is only to
be used for the purpose in which it is APPROVED BY DATE JOB NAME City of Muskegon Clean Water VFD
supplied. DESIGNATION Pump 2
VERSION TYPE DRAWING TYPE
10.0.12.0 Drives - Enclosed Customer Appr.
NEG-ALT Number REVISION DWG SIZE G.O. ITEM SHEET
GR600817X3K1-0007 0 A SGR1367365 1 of 1
Page 52 of 127
Page: 1 of 1
8 7 6 5 4 3 2 1
9.50
[241.3]
D 14.75 D
[374.7]
TOP AVAILABLE
CONDUIT LOCATION BOTTOM CONDUIT ACCESS LOCATION
SHOWN WITH FLOOR STANDS REMOVED
CONDUIT
ACCESS
10.50
4.50 4.50
[266.7]
[114.3] [114.3]
10.50
CONDUIT
ACCESS
[266.7]
BOTTOM AVAILABLE
29.30 CONDUIT LOCATION
[744.2] 14.75
[374.7]
4.00 [101.6]
MINIMUM FREE AIR .44 [11.2]
SPACE REQUIRED 9.50
MOUNTING HOLES [241.3]
(2 PLACES)
C C
3.00 [76.2]
MINIMUM FREE AIR
SPACE REQUIRED
LOCKOUT DISCONNECT DIMENSIONS FOR STAND MOUNTING
HANDLE
.44 (8 PLACES)
STANDARD KEYPAD
22.56
[573.0] 6.13
[155.6]
OPTIONAL
76.35
OPERATOR
82.35 [1939.3] 82.85
ELEMENTS
[2091.7] [2104.4]
B 1.62 B
67.89 [41.1]
[1724.4] 8.38
[212.9]
22.12
[561.8]
28.88
[733.6]
QUARTER TURN LATCHES
6 PLACES
NOTES:
LOCKABLE QUARTER
FINISH: ENCLOSURE - ANSI 61 (LIGHT) GRAY.
TURN
WEIGHT: APPROXIMATELY 900 LBS. [408] KG.
MATERIAL: 14GA (0.0747) [1.90] CRS.
DIMENSIONS: INCHES, [MILLIMETERS].
A CONSTRUCTION: NEMA TYPE 12 OVERSIZE A
DATE (YYYY/MM/DD)
30.92
TITLE DRAFTER/DESIGNER
DX ENCL/TYPE12 S. CHAUDHARI 2020/10/09
1.76 22.48
[785.4] EATON CORPORATION - CONFIDENTIAL AND PROPRIETARY SIZE DRAWING REVISION
[44.8] [571.1] NOTICE TO PERSONS RECEIVING THIS DOCUMENT AND/OR TECHNICAL INFORMATION
THIS DOCUMENT, INCLUDING THE DRAWING AND INFORMATION CONTAINED THEREON, IS CONFIDENTIAL AND IS THE
EXCLUSIVE PROPERTY OF EATON CORPORATION, AND IS MERELY ON LOAN AND SUBJECT TO RECALL BY EATON AT ANY TIME.
D
NUMBER
84-39488-DX20 007
BY TAKING POSSESSION OF THIS DOCUMENT, THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THIS DOCUMENT CANNOT UNLESS OTHERWISE SPECIFIED
BE USED IN ANY MANNER ADVERSE TO THE INTERESTS OF EATON AND THAT NO PORTION OF THIS DOCUMENT MAY BE DIMENSIONS IN
COPIED OR OTHERWISE REPRODUCED WITHOUT THE PRIOR WRITTEN CONSENT OF EATON. IN THE CASE OF CONFLICTING INCHES [MILLIMETERS]
CONTRACTUAL PROVISIONS, THIS NOTICE SHALL GOVERN THE STATUS OF THIS DOCUMENT.
SCALE SHEET
C 2017 Eaton Corporation, All Rights Reserved NA 1 OF 1
8 7 6 5 4 3 2 1
GO/NEG-Alt-Date: Job Name:
SGR1367365-0007-7/9/2025 City of Muskegon Clean Water VFD
Item Number: Catalog Number: Designation:
EGS0964A280GD00000+ Pump 2
Page 53 of 127
Page: 1 of 1
8 7 6 5 4 3 2 1
D D
APPLY EDGE TRIM ALONG ENTIRE
LENGTH OF VERTICAL SHEET METAL
EDGE THAT INTERFACES WITH TOP
SURFACE OF ENCLOSURE.
C C
B B
INSTALL BUG SCREENS OVER VENTS ON
INSIDE SURFACE. AS POSSIBLE, MINIMIZE UNLESS OTHERWISE SPECIFIED DRAFTER/DESIGNER DATE (YYYY/MM/DD)
EATON CORPORATION - CONFIDENTIAL AND PROPRIETARY
AMOUNT OF TAPE COVERING VENT OPENINGS. DIMENSIONS IN
X.X
X.XX
INCHES
0.1
0.02
N. BUZZARD
ENGINEERING APPROVED
2017/07/31
MANUFACTURING
NOTICE TO PERSONS RECEIVING THIS DOCUMENT AND/OR TECHNICAL INFORMATION
THIS DOCUMENT, INCLUDING THE DRAWING AND INFORMATION CONTAINED THEREON, IS CONFIDENTIAL AND IS THE
EXCLUSIVE PROPERTY OF EATON CORPORATION, AND IS MERELY ON LOAN AND SUBJECT TO RECALL BY EATON AT ANY TIME.
BY TAKING POSSESSION OF THIS DOCUMENT, THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THIS DOCUMENT CANNOT
X.XXX 0.005 N. BUZZARD H. FASKING BE USED IN ANY MANNER ADVERSE TO THE INTERESTS OF EATON AND THAT NO PORTION OF THIS DOCUMENT MAY BE
X 1 COPIED OR OTHERWISE REPRODUCED WITHOUT THE PRIOR WRITTEN CONSENT OF EATON. IN THE CASE OF CONFLICTING
REVISION DESCRIPTION ECO# ECO-29261
A X.X .5 CONTRACTUAL PROVISIONS, THIS NOTICE SHALL GOVERN THE STATUS OF THIS DOCUMENT. A
C 2017 Eaton Corporation, All Rights Reserved
DRAWING IN ACCORDANCE WITH
TITLE
ASME Y14.5M-1994 NEXT GENERATION ENCLOSED
DX ENCLOSURE
BUG SCREEN PLACEMENT
SIZE DRAWING REVISION
X.XX+/-XX SYMBOLS PER
ST 468-1143 D
NUMBER
10-10814 001
ENG/MFG REFERENCE CHANGE RESPONSIBILITY
ICD-P050-1-ETO
CLASS CODE SCALE SHEET
NA NA 1 OF 1
8 7 6 5 4 3 2 1
GO/NEG-Alt-Date: Job Name:
SGR1367365-0007-7/9/2025 City of Muskegon Clean Water VFD
Item Number: Catalog Number: Designation:
EGS0964A280GD00000+ Pump 2
Page 54 of 127
8 7 6 5 4 3 2 1
D D
C C
REMOTE RUN FAULT
BACK
RESET
OK
STOP START
B B
A DRAFTER/DESIGNER DATE (YYYY/MM/DD)
A
DIMENSIONS IN
INCHES AUTO GENERATED 2018/06/01 NOTICE TO PERSONS RECEIVING THIS DOCUMENT AND/OR TECHNICAL INFORMATION
THIS DOCUMENT, INCLUDING THE DRAWING AND INFORMATION CONTAINED THEREON, IS CONFIDENTIAL AND IS THE
ENGINEERING APPROVED MANUFACTURING EXCLUSIVE PROPERTY OF EATON CORPORATION, AND IS MERELY ON LOAN AND SUBJECT TO RECALL BY EATON AT ANY TIME.
P. FANDUZZI JR H. FASKING BY TAKING POSSESSION OF THIS DOCUMENT, THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THIS DOCUMENT CANNOT
BE USED IN ANY MANNER ADVERSE TO THE INTERESTS OF EATON AND T``HAT NO PORTION OF THIS DOCUMENT MAY BE
REVISION DESCRIPTION ECO # ECO-137309 COPIED OR OTHERWISE REPRODUCED WITHOUT THE PRIOR WRITTEN CONSENT OF EATON. IN THE CASE OF CONFLICTING
CONTRACTUAL PROVISIONS, THIS NOTICE SHALL GOVERN THE STATUS OF THIS DOCUMENT.
C 2018 Eaton Corporation, All Rights Reserved
ASME Y14.5M-1994 TITLE
287006-80_ALL
EGS SCHEMATIC
CB/SPD\DVDT\CNTR\POT\HOA
SIZE DRAWING REVISION
ST
SYMBOLS PER
468-1143 D
NUMBER
287006-80GD00 012
ENG/MFG REFERENCE CHANGE RESPONSIBILITY
ADG_287006_ALL ICD-P050-1
ADG_REV010 464-1027
50-42024 MECH TORQ SHEET
50-42025 ELECT TORQ NA 1 OF 1
8 7 6 5 4 3 2 1 DSD_DFM_ACAD_IN.DWG REV 1
GO/NEG-Alt-Date: Job Name:
SGR1367365-0007-7/9/2025 City of Muskegon Clean Water VFD
Item Number: Catalog Number: Designation:
EGS0964A280GD00000+ Pump 2
Page 55 of 127
8 7 6 5 4 3 2 1
D D
C C
B B
1
ON
2
3
DO 14
+10V 1
24Vo 15
AI1+ 2
GND 16
AI1- 3
AO1+ 17
AI2+ 4
AO2+ 18
AI2- 5
24Vi 19
GND 6
DIN1 20
DIN5 7
DIN2 21
DIN6 8
DIN3 22
DIN7 9
DIN4 23
DIN8 10
CMA 24
CMB 11
25
GND 12
26
24Vo 13
ON
31
27 1
32
28
33
29
34
30
A DRAFTER/DESIGNER DATE (YYYY/MM/DD)
A
DIMENSIONS IN
INCHES AUTO GENERATED 2015/06/29 NOTICE TO PERSONS RECEIVING THIS DOCUMENT AND/OR TECHNICAL INFORMATION
THIS DOCUMENT, INCLUDING THE DRAWING AND INFORMATION CONTAINED THEREON, IS CONFIDENTIAL AND IS THE
ENGINEERING APPROVED MANUFACTURING EXCLUSIVE PROPERTY OF EATON CORPORATION, AND IS MERELY ON LOAN AND SUBJECT TO RECALL BY EATON AT ANY TIME.
P. FANDUZZI JR H. FASKING BY TAKING POSSESSION OF THIS DOCUMENT, THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THIS DOCUMENT CANNOT
BE USED IN ANY MANNER ADVERSE TO THE INTERESTS OF EATON AND THAT NO PORTION OF THIS DOCUMENT MAY BE
REVISION DESCRIPTION ECO # ECO-062724 COPIED OR OTHERWISE REPRODUCED WITHOUT THE PRIOR WRITTEN CONSENT OF EATON. IN THE CASE OF CONFLICTING
CONTRACTUAL PROVISIONS, THIS NOTICE SHALL GOVERN THE STATUS OF THIS DOCUMENT.
C 2015 Eaton Corporation, All Rights Reserved
ASME Y14.5M-1994 TITLE
287007-D4_P1
EGS CONNECTIONS - D ENCL FR4
CB/FUSE/SPD\CNTR\POT\HOA
SIZE DRAWING REVISION
ST
SYMBOLS PER
468-1143 D
NUMBER
287007-D450AD00 005
ENG/MFG REFERENCE CHANGE RESPONSIBILITY
ADG_287007_D4_P1_V001 ICD-EC-6
ADG_REV006
50-42024 MECH TORQ SCALE SHEET
NA 1 OF253
8 7 6 5 4 3 2 1 DSD_DFM_ACAD_IN.DWG REV 1
GO/NEG-Alt-Date: Job Name:
SGR1367365-0007-7/9/2025 City of Muskegon Clean Water VFD
Item Number: Catalog Number: Designation:
EGS0964A280GD00000+ Pump 2
Page 56 of 127
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 22, 2025 Title: Park Design Services Award
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
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.
Detailed Summary & Background:
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 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
Page 57 of 127
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
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Improved access to the waterfront
Enhanced Parks and Recreation Department and Services
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Parks and Recreation Department and
Services
Amount Requested: Budgeted Item:
163,900 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
482 State Grants (ARPA) Yes No x N/A
Recommended Motion:
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.
Approvals: Guest(s) Invited / Presenting: No
Immediate Division x
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 58 of 127
PARK DESIGN SERVICES
Submitted to:
City of Muskegon
July 10, 2025
P50925
800.494.5202 | www.fveng.com
Page 59 of 127
PROPOSAL & AWARD
The undersigned having become thoroughly familiar with and understanding of all the proposal
documents attached hereto, agrees to provide the services as specified herein, for the total fees as
stipulated herein, subject to negotiation.
I hereby state that all of the information I have provided is true, accurate and complete. I hereby
state that I have authority to submit this proposal which will become a binding contract if
accepted by the City of Muskegon.
I hereby state that I have read, understand and agree to be bound by all of the terms of this
proposal document.
Signature _____________________________ Title Principal
________________________
Print Name Don DeVries, PE
____________________________ Date 7/9/25
________________________
Firm Name Fleis & VandenBrink
Address 316 Morris Avenue, Ste 230
Muskegon, MI 49440
Telephone No. 231.726.1000
E-Mail ddevries@fveng.com
Fax No. 231.726.2200
3
Page 60 of 127
SECTION 1: FIRM INTRODUCTION
BRIEF HISTORY
Fleis & VandenBrink (F&V) is an employee-owned, multi-disciplined civil engineering firm with 10 offices serving
Michigan and Indiana. Our team encompasses a broad range of services designed to provide our clients with a
one-stop-shop consultant. Providing a wide range of services allows us to design custom-fit solutions and award-
winning projects - on time and on budget. Our growth has been an outcome of hiring the best people, doing great
work, and focusing on client relationships.
We believe great relationships are built over time through communication and an understanding of our client’s
needs. We work collaboratively to gain that understanding by uncovering potential issues and concerns prior to
beginning work. Knowledge of those critical success factors gives us agreed upon expectations and allows us to
work together towards successful projects.
We also understand the critical component funding has in turning a project vision into reality. Our team of funding
experts actively pursues grants and low interest loan opportunities on behalf of our clients. We work diligently with
state and federal organizations to find and obtain the best option for each project. Since our inception, we have
obtained more than $1 billion in grants and low interest loans for our clients.
LOCATION OF FIRM
Located in the heart of the City of Muskegon, our office on Morris Avenue is only four blocks from City Hall. As the
only Civil Engineering firm in the City, this gives us the unique advantage of being able to respond quickly to any
needs or issues that may arise during the project at any of the park sites.
Page 61 of 127
SECTION 3: RELEVANT EXPERIENCE
PICKLEBALL COURT EXPERIENCE
John Gurney Park
Hart, MI
Hemlock Park
Big Rapids, MI
Township Community Park
Yankee Springs, MI
Hughes Park
Hudsonville, MI
Granger Meadows Park Sports Complex
DeWitt MI Frankenmuth, MI
Page 62 of 127
SECTION 4: COST PROPOSAL
Our services will be provided on a lump sum basis, assuming the award of the scope of work for all four parks, as
outlined below:
RICHARDS PARK
Task Description Fee
A Pre-Design Due Diligence and Project Orientation $500
B Topographical Survey $2,600
C Design Engineering $12,500
D EGLE Permitting, Wetland Delineation, and Geotechnical Investigation $9,000
F Bidding and Procurement Support $2,000
H Construction Support $7,000
TOTAL PROPOSED FEE $33,600
MCGRAFT PARK
Task Description Fee
A Pre-Design Due Diligence and Project Orientation $500
B Topographical Survey $2,600
C Design Engineering $27,500
D EGLE Permitting, Wetland Delineation, and Geotechnical Investigation $2,000
F Bidding and Procurement Support $3,000
H Construction Support $12,000
TOTAL PROPOSED FEE $47,600
KRUSE PARK
Task Description Fee
A Pre-Design Due Diligence and Project Orientation $500
B Topographical Survey $2,600
C Design Engineering $24,000
D EGLE Permitting, Wetland Delineation, and Geotechnical Investigation $9,000
F Bidding and Procurement Support $2,000
H Construction Support $12,000
TOTAL PROPOSED FEE $50,100
HARTSHORN PARK
Task Description Fee
A Pre-Design Due Diligence and Project Orientation $500
B Topographical Survey $2,600
C Design Engineering $12,500
D EGLE Permitting, Wetland Delineation, and Geotechnical Investigation $8,000
F Bidding and Procurement Support $2,000
H Construction Support $7,000
TOTAL PROPOSED FEE $32,600
Page 63 of 127
FEE TOTAL - ALL FOUR PARKS $163,900
SCOPE EXCLUSIONS
Our basic scope of services does not include the following services. If desired, we can provide a written scope
with an associated fee if requested by the City.
▪ Hydrological modeling of improvement impacts to floodway/floodplain, if requested by EGLE.
▪ Material testing
Design engineering plans and permitting are proposed to be completed by December 1, 2025, with bidding to
follow and construction completion projected for the 2026 construction season with completion of all the projects
by November 1, 2026. We can review the possibility of adjusting this schedule with the City. If this proposal is
acceptable to you, authorization can be given, under the terms of our existing professional services agreement,
by signing below and returning an executed copy to F&V. We look forward to working with you on this project. We
can begin working on the projects immediately upon your authorization and can adjust our schedule to meet your
needs. If you have any questions or comments, please feel free to contact us.
HOURLY RATES
Classification Rate
CIVIL ENGINEERS $58- $260
Engineers-in-Training $130
Engineer $147 - $180
Engineer Manager $180 - $193
Senior Engineer Manager $205 - $260
PROJECT MANAGERS $166 - $220
Project Manager $166 - $192
Senior Project Manager $205 - $220
SURVEYORS $114 - $194
Survey Crew Chief $114 - $135
Survey Manager $153 - $194
SITE DEVELOPMENT $102 - 198
Landscape Designer $102 - $114
Landscape Architect $141 - $162
Architect $156 - $176
Senior Landscape Architect $170 - $194
Senior Architect $198
ENVIRONMENTAL $81 - $158
Environmental Technician $81 - $106
Environmental Resource Specialist $97 - $153
Geologist $116 - $138
Senior Geologist $158
ADMINISTRATIVE AND BUSINESS SERVICES $78 - $230
(IT, HR, MARKETING, ACCOUNTING, BUSINESS DEVELOPMENT)
Administrative Assistant $78 - $112
Senior Administrative Assistant $140 - $230
Page 64 of 127
SECTION 5: PROJECT TIMELINE
We anticipate the following schedule per the RFP:
Description Date
Proposals Due July 10, 2025
City Commission Consideration of Bids July 22, 2025
Notice to Proceed July 23, 2025
Bid Documents November 15, 2025
Permits Read and Project Letting January 2026
Construction Completion November 1, 2026
Page 65 of 127
316 Morris Avenue, Ste 230
Muskegon, MI 49440
P: 231.726.1000
F: 231.726.2200
www.fveng.com
Page 66 of 127
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 22, 2025 Title: DWSRF Construction Engineering 2025
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
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.
Detailed Summary & Background:
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.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Decrease infrastructure burden on residents, Sustainability in financial practices and infrastructure
Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Reliable and efficient short and long term financial
practices
Amount Requested: Budgeted Item:
$88,000 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
591-555 (Bonded) Yes No X N/A
Recommended Motion:
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 DWSRF program and authorize staff to sign.
Page 67 of 127
Approvals: Guest(s) Invited / Presenting: No
Immediate Division X
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 68 of 127
Project No. 2240839
Professional Services Agreement Amendment
Amendment Number : 1
Project Name: FY 25 DWRF LSLR
P&N Representative: Barbara Marczak, P.E.
Client: City of Muskegon
Client Representative: Dan VanderHeide, P.E.
AGREEMENT: The Agreement Amendment modifies the original agreement for professional services dated:
October 8, 2024
Client hereby requests and authorizes a change in services in accordance with the following:
SCOPE OF SERVICES MODIFICATION:
Project scope has been increased to replace 300 additional water services.
SCHEDULE OF SERVICES MODIFICATION:
NA
BUDGET MODIFICATION:
$88,000.00 increase. Revised budget will be $549,400.00
METHOD OF COMPENSATION:
☐ Lump Sum for Defined Scope of Services
☒ Hourly Billing Rates plus Reimbursable Expenses
☐ Other:
ADDITIONAL PROVISIONS (IF ANY):
None
Prepared by: Accepted for:
Prein&Newhof, Inc. City of Muskegon
Digitally signed by Jason Washler
DN: C=US,
Jason Washler E=jwashler@preinnewhof.com,
OU=Prein&Newhof, CN=Jason Washler
By: Date: 2025.06.30 15:40:46-04'00'
By:
Print Name: Jason Washler, P.E. Print Name: Dan VanderHeide, P.E.
Title: Vice President Title: Director of Public Works
Date: Date:
3355 Evergreen Drive, NE Grand Rapids, MI 49525 t.616-364-8491 f. 616-364-6955 www.preinnewhof.com
Template date: October 28, 2015 Page 1 of 1 S:\2024\2240839 City of Muskegon\PRM\psa amend 2025-06-30.docx
Page 69 of 127
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 22, 2025 Title: Amendment to the zoning ordinance -
Extending the hours of operation for marihuana
retailers and provisioning centers.
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.
iii. A traffic study must be performed showing the anticipated number of stacking spaces and where
Page 70 of 127
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/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A N/A
Recommended Motion:
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.
Approvals: Guest(s) Invited / Presenting: No
Page 71 of 127
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Page 77 of 127
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 22, 2025 Title: Amendment to the zoning ordinance -
Allowing churches as a permitted use in civic
buildings in the Form-Based Code, Downtown
context area.
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
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.
Detailed Summary & Background:
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 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).
Goal/Focus Area/Action Item Addressed:
Page 78 of 127
Key Focus Areas:
Goal/Action Item:
2027 Goal 3: Community Connection
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 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.
Approvals: Guest(s) Invited / Presenting: No
Immediate Division X
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 79 of 127
Page 80 of 127
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CONTEXT AREAS AND USE SECTION 2005
2005.05 DOWNTOWN (DT) CONTEXT AREA
6.0 PERMITTED USES
DOWNTOWN (DT) 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
Amusement and recreation facility P
Auto service station
Bank P
Business school/private or public school/higher ed. S
Church P
Club, lodge, hall
Gallery/museum P P
Hotel/motel P
Indoor theater/live music concert hall P
Light manufacturing
Machine shop
Micro brewery, distillery, winery under 2500 barrels P
Micro brewery, distillery, winery over 2500 barrels P
Multi-family P*
Office P
Outdoor recreation
Outdoor theater
Parking structure S
Personal service P
Railway terminal P
Research and development
Restaurant, cocktail lounge, brewpub P
Retail P
Shipping, port related activity
P = Permitted Use
P* = Permitted Use on floors two and above
P# = Permitted Use on first floor only
S = Special Land Use (refer to Section 2002.02)
Active uses per the Context Area Map (2005.02) include retail, restaurant/cocktail lounge/brewpub, personal service, and micro brewery/distillery/winery.
Blank cell = Use not permitted in this Context Area
Shaded areas represent Building Types that are not permitted in this Context Area.
5.10 DOWNTOWN FORM BASED CODE CITY OF MUSKEGON
Page 83 of 127
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 22, 2025 Title: Amendment to the zoning ordinance -
Allowing marinas as a permitted use in Form-
Based Code, Lakeside Mixed Residential districts.
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
a permitted use in this context, then to rezone these eight properties to FBC-LMR. A clause was
Page 84 of 127
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/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move to approve the request to amend the zoning ordinance to allow marinas as a permitted use
in the Form-Based Code, Lakeside Mixed Residential districts.
Approvals: Guest(s) Invited / Presenting: No
Immediate Division X
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 85 of 127
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Page 87 of 127
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 88 of 127
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 89 of 127
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Page 94 of 127
Page 95 of 127
Page 96 of 127
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 97 of 127
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 98 of 127
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 99 of 127
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 22, 2025 Title: Allen Edwin/Green Development Ventures
Lot Purchase and Development Agreement
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
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.
Detailed Summary & Background:
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 attached 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.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Page 100 of 127
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
Motion to 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.
Approvals: Guest(s) Invited / Presenting: Yes
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 101 of 127
LOT PURCHASE AGREEMENT
This LOT PURCHASE AGREEMENT (this “Agreement”) is made on
__________________, by and between GREEN DEVELOPMENT VENTURES, LLC, a
Michigan limited liability company of 2186 E. Centre Ave. Portage, MI 49002 (“Purchaser”) and
the CITY OF MUSKEGON, a Michigan municipal corporation, of 933 Terrace St., Muskegon,
MI 49440 (“Seller”) as follows:
BACKGROUND
Seller desires to sell, and Purchaser desires to purchase twenty-three (23) Lots, located in
the City of Muskegon, Muskegon County, Michigan.
AGREEMENT
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
CONDITIONS SET FORTH HEREIN THE PARTIES AGREE AS FOLLOWS:
1. Lots. Seller agrees to sell and Purchaser agrees to purchase twenty-four (24) Lots,
located in the City of Muskegon, Muskegon County, State of Michigan, described on the attached
Exhibit A (the “Lots”).
2. Purchase Price. The Purchase Price of each Lots shall be as shown Exhibit A,
attached hereto.
The Purchase Price shall be delivered at Closing in immediately available funds subject to
the terms and conditions stated in this Agreement. The Purchaser’s obligations under this
Agreement are not contingent upon financing.
3. Investigation Period; Right to Terminate. The “Investigation Period” shall expire
sixty (60) days following the date this Lot Purchase Agreement has been executed by both parties
(the “Effective date”). During the Investigation Period, Purchaser shall have the right to have the
Lots inspected, surveyed, evaluated, analyzed, tested, appraised and/or assessed for any matter
whatsoever, including but not limited to, market value; soil conditions; location of flood plains;
presence of wetlands and necessary mitigation, if any; storm water drainage systems; presence of
environmental contamination; health and safety conditions; access to utilities; access to public
roads; zoning; compliance with laws, codes and ordinances and any other matter desired by
Purchaser. Seller hereby grants Purchaser and Purchaser’s agents, employees, representatives,
consultants, and contractors a nonexclusive license during the term of this Agreement, to enter and
have access to the Lots for purposes of having such investigations performed and the right to
discuss the Lots and the conditions related thereto with governmental authorities. Purchaser may
choose to have Contractors perform site investigation work on site. During the Investigation
Period, and any extensions thereof, Purchaser has sole discretion to terminate this Agreement.
Purchaser agrees to waive any claims of liability against Seller that may occur during the
Investigation Period. Seller shall receive copies of any produced materials during the Investigation
Period from Purchaser.
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4. Payment of Property Taxes. Property taxes for the year of Closing shall be pro-
rated as of the date of Closing on a calendar basis based upon the amount of such taxes if known
at the time of Closing.
5. Closing Deadline; Purchase Schedule, and Contingencies. Purchaser shall maintain
a minimum build pace of eight (8) homes per year, measured from the date of closing on the initial
eight (8) lots. The Purchase Price shall be paid, and the individual Closings shall occur, as follows:
A. Purchaser shall close on a minimum of eight (8) Lots of their choice from
Exhibit A to occur within 10 days of the latter of: (a) expiration of the Investigation Period, or any
extensions thereof; and (b) full and final approval of a tax-exemption for the Lots in accordance
with an Ordinance adopted under SB 432, codified at MCL 125.1415a, on terms acceptable to
both parties.
B. During the five (5) year period following the closing of the Initial Partial
Purchase, Purchaser shall purchase a minimum of eight (8) Lots per year from Exhibit A, identified
by Purchaser (the “Option Purchase Period”). If during a twelve (12) month period Purchaser does
not close on eight (8) or more Lots per year, then the Lot Purchase Agreement is terminated and
Seller may market any remaining lots on Exhibit A without reservation or consideration to
Purchaser.
C. Option Purchase Periods. During the Option Purchase Period, Purchaser
shall have access to the Lots and investigation rights consistent with Section 3 hereof to evaluate
the Optioned Lots for suitability. There may be multiple purchases and closings within the Option
Purchase Period. Purchases shall be measured cumulatively.
6. Seller’s Closing Deliveries. At Closing, Seller shall deliver to the Purchaser, the
following items, which shall be in a form and substance satisfactory to Purchaser:
A. A Quit Claim Deed conveying to Purchaser title to the Lots, executed and
acknowledged by Seller in recordable form;
B. An ALTA fee owner’s policy of title insurance or equivalent coverage from
Trans Nation Title Company (the “Title Policy”) in an amount not less than the Purchase Price
insuring Purchaser as owner of fee simple, indefeasible title to the Lots without standard
exceptions, and subject only to the following permitted exceptions (the “Permitted Exceptions”):
(1) the lien prorated property taxes not yet due and payable, (2) utility easements serving the Lots,
(3) other matters described in Section 9 and 10, (4) any matter arising as a result of any act or
omission of Purchaser; and (5) such other matters that are not objected to by Purchaser.
C. Such other documents, including a signed Closing Statement, as are
necessary and appropriate for the consummation of this transaction by Seller.
7. Purchaser’s Closing Deliveries. At Closing, Purchaser shall deliver to Seller, the
Purchase Price and such other documents, including a signed Closing Statement, as are necessary
and appropriate for the consummation of this transaction by Purchaser.
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8. Closing Costs and Prorations. Seller shall pay or reimburse Purchaser for (i) all
transfer and/or conveyance taxes, if any, assessed in connection with Closing, (ii) the premium for
the Title Policy, (iii) one half (1/2) of any closing fee charged by the title company in connection
with this transaction, and (iv) any special assessments (sewer or otherwise but not including hook-
up fees or associated costs of the same) that currently exist against the Lots. Seller shall be
responsible for and pay all past due real estate taxes and assessments at or prior to Closing. This
obligation shall survive the Closing.
9. Title. Purchaser shall order a commitment for an owner’s policy of title insurance
from Trans Nation Title Company (the “Title Policy”) within ten (10) days of the date of this
Agreement. After Purchaser has received both the title commitment and the Survey described in
Section 10 below (if obtained), both in a form satisfactory to Purchaser, the Purchaser shall deliver
written notice of any objections Purchaser has to the title commitment. Seller shall have 30days
from receipt of such notice of objections to provide written notice to Purchaser as to whether Seller
will cure such objections at or before Closing. If Purchaser notifies Seller of the existence of
defects rendering title unmarketable and should Seller fail to effect cure of such defects by Closing,
Purchaser may, at its option: (1) extend the time for Seller's performance hereunder only if Seller
so requests, (2) waive such objections, or (3) terminate the subject property with the objection(s)
from the Agreement.
10. Survey. Within ten (10) days of the date of this Agreement, Purchaser may order,
at its expense, a new ALTA survey (the “Survey”) of the Lots, showing the legal description of
the Lots, any boundary encroachments that may impact the Lots, all easements affecting the Lots
and such other matters desired by Purchaser.
11. Environmental Matters. Purchaser may, at its expense, conduct such environmental
site evaluations of the Lots as it deems appropriate including, without limitation, a Phase I and
Phase II environmental site assessment and/or a Baseline Environmental Assessment (collectively,
the “Site Investigation Reports”).
12. Representations and Warranties of Seller. Seller hereby represents to Purchaser
that to the best of the City Manager of the City of Muskegon’s knowledge, as of the date hereof
and on the date of Closing, which representations shall survive Closing, but without investigation
by Seller:
A. Seller has the right, power and authority to enter into this Agreement and to
sell the Lots in accordance with the terms hereof, and Seller has granted no option or right of first
refusal to any other person or entity to purchase the Lots and has not entered into any contract to
sell the Lots as of the date of the Agreement. The individuals signing this Agreement and all other
documents executed or to be executed pursuant hereto on behalf of Seller are and shall be duly
authorized to sign the same on Seller's behalf and to bind Seller thereto.
B. Seller has not received any notice of, and has no knowledge of, existing
violations on the Lots or any portion thereof of any zoning, building, fire, health, pollution,
environmental protection, hazardous or toxic substance or waste disposal law or ordinance.
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C. At Closing, there will be no parties in possession of the Lots or entitled to
possession thereof other than Seller. There will be no leases, agreements, options or other
instruments or agreements in effect with respect to the Lots.
D. There are no existing or pending condemnations or sales in lieu thereof with
respect to the Lots, or any part thereof, nor have any such actions, suits, proceedings or claims
been threatened or asserted.
E. Seller has the right to, and will convey to, Purchaser the Property pursuant
to the Quit Claim Deed.
F. All general real estate related property taxes and assessments shall have
been paid when due. There are no delinquent assessments. Except for any ordinary accruals of
dues, no future assessments against the Lots have been announced.
G. There is no litigation, proceeding or investigation pending or, to Seller’s
knowledge, threatened against or involving Seller or the Lots, and Seller does not know or have
reason to know of any grounds for any such litigation, proceeding or investigation, which could
have an adverse impact on Purchaser or Purchaser’s title to or use of the Lots, either before or after
Closing.
H. All federal, state and local real estate, personal property and other taxes
relating to the Lots (other than those not currently due and payable) shall be properly paid on or
before Closing. Seller has not received any notice of assessment or proposed assessment in
connection with the Lots.
I. Seller is not a “foreign person” as that term is defined in section 1445 of the
Internal Revenue Code of 1986, as amended.
J. The Lots and Seller are in full compliance with all requirements of federal,
state and local environmental, health or safety laws, regulations and administrative or judicial
decrees, as amended (the “Environmental Laws”).
K. With the exception of the documents provided by Seller to the Purchaser,
there are no reports, studies, appraisals, engineering reports, correspondence, agreements with
governmental authorities, wetland studies or reports, flood plain studies or reports and/or other
written information related to the Lots of which Seller is aware or that are in Seller’s possession
or control.
13. Representations and Warranties of Purchaser. Purchaser hereby represents and
warrants to Seller, which representations and warranties shall survive Closing, that as of the date
hereof, and on the date of Closing:
A. Purchaser has the full power and authority to execute, deliver and perform
this Agreement and all of Purchaser’s obligations under this Agreement; and
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B. The individuals signing this Agreement and all other documents executed
or to be executed pursuant hereto on behalf of Purchaser are and shall be duly authorized to sign
the same on Purchaser’s behalf and to bind Purchaser thereto.
14. Intentionally Omitted.
15. Default and Remedies.
A. Purchaser’s Default; Seller’s Remedy. If the Purchaser fails to close on the
purchase of the Lots, Seller may, as its sole and exclusive remedy terminate this Agreement by
giving an appropriate Notice of Default as provided below.
B. Seller’s Default; Purchaser’s Remedies. In the event Seller fails to timely
perform any material act, or provide any material document or information required to be provided
by Seller, or in the event any Representation made by Seller pursuant to this Agreement is untrue
when made, then Purchaser shall be entitled to (i) terminate this Agreement, , and title back any
unbuilt lots closed on by Purchaser to the Seller.
C. Notice of Default. In the event either party declares the other to be in
default, such declaration shall be in writing, with an outline of the actions required to cure such
default. The recipient of such notice of default shall have sixty (60)days to cure the alleged
default.
16. Intentionally Omitted.
17. Sale and Assignment of Agreement. Purchaser shall have the right to assign all of
its rights and delegate all of its obligations under this Agreement to another entity with written
consent from Seller, provided however, that no assignment shall operate as a release of the
Purchaser. Any assignment by the Purchaser will not relieve the Right of Reversion restriction
outlined in the Quit Claim Deed.
Intentionally Omitted.
19. Miscellaneous.
A. TIME IS OF THE ESSENCE OF THIS AGREEMENT.
B. This Agreement shall be governed by and construed under the laws of the
state of Michigan.
C. This Agreement supersedes all prior discussions and agreements between
Seller and Purchaser with respect to the conveyance of the Lots and all other matters contained
herein and constitutes the sole and entire agreement between Seller and Purchaser with respect
thereto. This Agreement may not be modified or amended unless such amendment is set forth in
writing and signed by both Seller and Purchaser.
D. All notices, payments, demands or requests required or permitted to be
given pursuant to this Agreement shall be in writing and shall be deemed to have been properly
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given or served effective on the second (2nd) business day after being deposited in the United
States mail, postpaid and registered or certified with return receipt requested; or when sent by
private courier service for same-day delivery or one day after being sent by private courier service
for next-day delivery. Notices shall be sent via e-mail and also to the respective addresses set forth
below:
To Seller: City of Muskegon
ATTN: Director of Development Services
933 Terrace St.
Muskegon, MI M9440
To Purchaser: Green Development Ventures, LLC
ATTN: Thomas M. Larabel
795 Clyde Ct., SW
Byron Center, Michigan 49315
tlarabel@allenedwin.com
With a copy to: Eric J. Guerin
2186 E. Centre Ave.
Portage, Michigan 49002
eguerin@allenedwin.com
Brian Farkas
795 Clyde Ct., SW
Byron Center, Michigan 49315
bfarkas@allenedwin.com
Alexandra Kruh
atyra@allenedwin.com
E. This Agreement shall inure to the benefit of and bind the parties hereto and
their respective heirs, legal representatives, successors and permitted assigns.
F. Allen Edwin Realty, L.L.C., is a broker for Purchaser, and it waives any
commission.
G. Seller shall waive any connection fees for water service or sewer service for
the Lots.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
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SELLER:
CITY OF MUSKEGON
___________________________________
By:
Its:
PURCHASER:
GREEN DEVELOPMENT VENTURES, LLC
By:
Thomas Larabel
Its: Vice President
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EXHIBIT A
24 Lots
City of Muskegon, Muskegon County
LOTS TO BE SOLD:
LOT NO. ADDRESS PURCHASE PRICE
1 512 E Apple $1,600
2 477 E Apple $3,200
3 492 Ada Avenue $4,000
4 1060 Williams Street $4,000
5 724 E Isabella Avenue $1,600
6 876 E Isabella Avenue $4,500
7 502 Catherine Avenue $4,000
8 488 Catherine Avenue $1,600
9 591 Catherine Avenue $3,200
10 1162 Williams Street $4,000
11 457 Catherine Avenue $4,000
12 415 Mclaughlin Avenue $5,000
13 435 Mclaughlin Avenue $4,000
14 449 Mclaughlin Avenue $4,000
15 510 Mclaughlin Avenue $4,000
16 559 Mclaughlin Avenue $4,000
17 1968 Smith Street $5,700
18 576 E Dale Avenue $5,700
19 1657 Elwood Street $5,700
20 2127 Austin Street $4,500
21 1710 Superior Street $5,700
22 1984 Elwood Street $5,700
23 1974 Park Street $5,700
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Page 110 of 127
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 22, 2025 Title: Service Agreement With City Wise Software
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
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.
Detailed Summary & Background:
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.
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• 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:
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.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A, Free Platform Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
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.
Approvals: Guest(s) Invited / Presenting: Yes
Immediate Division
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Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 113 of 127
CITY WISE SOFTWARE LLC CITY SERVICE & LICENSING AGREEMENT
This Agreement, effective as of the date of execution, is entered into between City Wise
Software LLC (“City Wise”), a limited liability company located at 541 East Erie Street, Unit
305, Milwaukee WI 53202, and the City of Muskegon with their Municipal Building at 933
Terrace St, Muskegon, MI 49440 (the "City") (each individually as a "Party" and collectively as
the "Parties").
WHEREAS, City Wise has innovated a proprietary technology solution. This comprehensive
solution consists of a series of pages culminating in a dynamic, searchable database of properties
(henceforth known as the "Technology");
WHEREAS, the City’s intention is to secure a license for the Technology from City Wise for the
specified duration;
WHEREAS, City Wise is inclined to grant the City a nonexclusive license for the use of the
Technology;
NOW, in consideration of the mutual agreements herein contained, the Parties hereby agree as
follows:
A. Services:
1. City Wise warrants and covenants to delivering the services outlined in Schedule 1 to the
City. Further, all services outlined in Schedule 1 will be delivered in accordance with the
specifications, and within agreed timelines. Any delays or failures in delivery must be
promptly addressed by City Wise at no cost to the City.
2. City Wise warrants and covenants that it will not have features of the Technology that permit
anyone other than City Wise, City, or persons or entities that list properties, from being able
to publicly post anything on an internet domain or subdomain containing, in whole or part,
the phrase “muskegon-mi.gov”.
3. City Wise warrants and covenants that no third-party advertisements will be used on any
internet domain or subdomain provided to it pursuant to this Agreement containing, in whole
or part, the phrase “muskegon-mi.gov”.
4. City Wise represents and warrants that it owns all intellectual property rights necessary to
provide the Technology to City.
5. City Wise warrants and covenants that it will not use anything protected by intellectual
property law, in relation to this Agreement, without first acquiring the legal right to do so.
City grants City Wise a restricted, nonexclusive, non-sublicensable, and nontransferable
license to use City’s logo on the property listing website City Wise will set up on a
subdomain of the City’s website. The City reserves the right to revoke, restrict, or limit the
use of its logo at any time, at its sole discretion. Additionally, all public-facing materials
that incorporate the City's logo or otherwise reference the City must be submitted for prior
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written approval by the City before dissemination or publication.
6. City Wise shall, upon request, promptly provide the City with access to all City-related data
or records stored in or related to the Technology, including usage metrics, in a readily
accessible and exportable format
B. Compensation for Services & Fee Distribution:
City Wise will handle the installation and customization of the Technology without charge to the
City. The fees, as detailed below, will be collected by City Wise through credit card processing
within the Technology or directly by check.
1. Listing Fees: City Wise is authorized to collect payments from property listers for posting
available properties for lease or sublet (referred to as "Listing Fees").
2. Other Fees: City Wise has exclusive rights to collect and retain any additional fees
associated with the general use of the Technology from third-parties. City Wise is solely
responsible for all Payment Card Industry (PCI) compliance matters related to credit card
processing through the use of the Technology. City Wise shall not implement or collect
any fees from third parties beyond the Listing Fees without the City's prior written consent
in its sole discretion.
City Wise shall provide the City with a detailed quarterly accounting of all fees collected, including
listing fees and other revenues. The City shall have the right to audit City Wise’s relevant records
upon thirty (30) days’ notice, not more than once per calendar year.
C. Taxes:
The charges and the distribution of fees outlined in this Agreement do not encompass or consider
taxation. In the event that City Wise Software LLC is obligated to cover taxes such as sales, use,
personal property, value-added, or any other taxes linked to the licenses or services specified in
this Agreement, or related to the City's utilization of services, City will not be invoiced for, or
responsible for paying or settling such taxes.
D. Expenses:
Unless explicitly addressed, City Wise assumes responsibility for all expenses related to this
agreement. In the event that City requests on-site services beyond those specified in Schedule 1,
City agrees to reimburse City Wise for travel and out-of-pocket expenses in adherence to the City's
Travel Reimbursement Policy.
E. Conduct:
City agrees to obligate its employees, while working in their official capacities, not to engage in
the following activities:
1. Uploading, posting, storing, emailing, or transmitting any information, to or from the
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Technology.
2. Providing misleading information, creating false identities, or manipulating identifiers to
mislead or disguise the origin of information stored or transmitted in or through the Technology.
3. Using City Wise, Technology's name, the Technology, or any portion thereof to promote any
business, product, or service through unsolicited emails, spamming, harassing others, or any
similar activities.
4. Attempting unauthorized access to data on the Technology, other entities' account information,
or other computer systems, servers, or networks connected to the Technology.
F. Duration and Termination:
This Agreement is executed and effective upon mutual signature and will endure for an initial
period of three (3) years (referred to as the "Initial Term"). Subsequently, the Agreement will
automatically renew for successive three (3) year terms (each termed a "Renewal Term") unless
the City expresses its intention to allow the Agreement to expire, as detailed below.
The City has the right to terminate this Agreement for any reason or no reason, regardless of
whether such termination is during the Initial Term or any Renewal Terms, upon thirty (30) days ’
notice to City Wise.
City Wise reserves the right, at its sole discretion, to reject any renewal of this Agreement by
providing notice to the City thirty (30) days prior to renewal.
If termination was initiated by notice, City Wise must remove all content from the City’s website,
including any subdomains, by the date of termination.
Should any court determine that the City must allow any natural person or entity of any kind, other
than City Wise, to take up space or otherwise place content of any kind on the City’s website
(including, but not limited to, any subdomain of the City’s website) for any reason related to the
City permitting City Wise access to the City’s website or any other reason related to this
Agreement, this Agreement will automatically terminate without notice or action by either Party.
Termination will not be delayed due to anyone’s intention to appeal, the pendency of an actual
appeal, or the lack of a final order in the case. Upon such termination, City Wise must remove all
content from the City’s website as soon as reasonably possible, but in no case longer than the
shorter of fourteen (14) days after termination or by the time given by the court. If the
aforementioned court determination concludes that the City’s website has become a public forum,
the City’s intention is to close the forum. Upon being served with a summons in a lawsuit seeking
to expand access to the City’s website, as described above, City will send City Wise notice of the
suit.
The City does not intend to create a public forum on its website, or on a subdomain thereof. The
City does not intend to set open, or aside space on, its website for the public, or a portion thereof,
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to use for First Amendment activity. City Wise must require that any contributor to acknowledge
and agree that the Technology constitutes a non-public forum and that to be featured on the
Technology does not serve as a forum for free expression by the public. Further, that the City
reserves the right to remove any listing at any time, with or without notice, if deemed necessary
to protect the public safety, preserve the integrity of public infrastructure, or maintain compliance
with City standards and values.
G. Post-Termination Entitlements and Acquisition Choice:
Upon termination of this Agreement, both Parties remain obligated to fulfill any accrued payment
obligations (e.g., fee-sharing or expense reimbursement). Unless otherwise specified in writing,
the termination of this Agreement results in the termination of all licenses granted by either Party.
Certain provisions will survive the termination: Sections H.3, K, M, N, O.4, R, X, Y, Z, and AA.2.
H. Licensing of Intellectual Property:
1. Limited Usage Rights: City Wise extends to the City a restricted, nonexclusive, non-
sublicensable, and nontransferable license to electronically access and use the
Technology. This authorization is exclusively granted under the terms specified in this
Agreement and is applicable solely in conjunction with the Technology offered to the
City. The scope of this license encompasses software usage, access to a single knowledge
base, and utilization of user documentation, all of which are proprietary to City Wise and
are included within the meaning of the "Technology."
2. Usage Restrictions: The City is prohibited from sublicensing or outsourcing the
Technology to third-parties. Additionally, the City may not employ the Technology for
any competitive purposes related to the Technology. City will not modify, translate, reverse
engineer, disassemble, or decompile the Technology. Any attempt to discern the source
code for the operation of the Technology is also prohibited, except when necessary for
interoperability with other independently created software or as mandated by law.
The City is not allowed to generate derivative works derived from the Technology, any
component thereof or the Proprietary Information.
In the context of this Agreement, "reverse engineering" refers to the scrutiny or analysis
of the Technology aimed at uncovering its source code, sequence, structure, organization,
internal design, algorithms, or encryption devices.
The term "Proprietary Information" encompasses all data, materials, text, photographs,
music, video, software, sound, graphics, or any other information or materials, or portions
thereof.
3. Ownership: City Wise maintains all rights, including title, copyright, and other proprietary
rights in the Technology, irrespective of any modifications or updates. The City does not
gain any rights, whether express or implied, in the Technology beyond those explicitly
outlined in this Agreement.
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I. Database and Data Precision:
City Wise will establish a searchable database (referred to as the "Database") of properties, as
detailed in Schedule 1.
J. Integration with City's Website:
City commits to appointing a member of its existing technology team to collaborate with City
Wise in integrating the listing website into a subdomain of City's existing website using DNS-
masking technology. This appointment extends only through initial integration, but in no case
longer than forth-five (45) days post-execution. The City shall retain full administrative control
over the DNS settings, access credentials, and any technical components related to the subdomain
muskegon-mi.gov.
K. Data Ownership and Storage:
All data entered into the Database ("Data"), irrespective of the contributor's identity and whether
or not it appears on the housing website, is the sole property of City Wise. City Wise maintains all
title, copyright, and other proprietary rights in the Data. City maintains ownership of its website,
including any subdomain thereof. Except that all data entered into the Database that is submitted
by the City shall remain the sole property of the City.
L. Advertising:
City Wise warrants and covenants that it will not state, in any advertising or otherwise, that City
endorses, owns, or otherwise supports City Wise or its offerings, such as the Technology.
Notwithstanding the foregoing, City Wise may state that it offers property listings on the City’s
website.
M. Non-disclosure:
Under this Agreement, the Parties may access information deemed confidential to each other
("Confidential Information"). Confidential Information is specifically confined to the Technology
source code, the terms and pricing outlined in this Agreement, and any information explicitly
identified in writing as confidential.
Confidential information excludes information that:
1. Become part of the public domain without any action or omission by the other Party.
2. Were lawfully in the other Party's possession before the disclosure and were not obtained
directly or indirectly from the disclosing Party.
3. Are legally disclosed to the other party by a third-party without restrictions on disclosure.
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4. Are independently developed by the other Party.
5. Are submitted to the housing website by City's residents or area property listers.
Throughout the Agreement's duration and for a period of two (2) years thereafter, the Parties
commit to maintaining each other's Confidential Information in confidence. Unless mandated by
law, the Parties agree not to disclose each other's Confidential Information to any third-party
(excluding their agents or independent contractors) for purposes other than the Agreement's
implementation.
Each Party undertakes reasonable measures to prevent the unauthorized disclosure or distribution
of Confidential Information by its employees, agents, or independent contractors, violating the
terms of this Agreement. Both Parties acknowledge that unauthorized disclosure or use of
Confidential Information could result in irreparable harm and significant injury to the disclosing
Party, the extent of which may be challenging to determine. Therefore, each Party consents to the
right of the non-disclosing Party to promptly seek an injunction to prevent any breach of this
Section. Additionally, the non-disclosing Party retains the right to pursue all available legal or
equitable rights and remedies in the event of such a breach.
N. Limitation of Liability:
1. Definitions: In this Section N, the following terms have the following definitions:
a. “Theory of Liability” means any theory of liability of any nature, including, but
not limited to: tort; warranty; strict liability; state and federal statutes,
constitutions, and common law, regardless of their nature; enforcement actions
initiated by any government, agency, or public official; mandamus; declaratory
relief; intellectual property (which includes, but is not limited to, patent,
copyright, trademark, and unfair competition); unfair trade practice; injunctive
relief; applicable Michigan fair housing laws; and Michigan Act 442 of 1976. The
term “Theory of Liability” expressly includes any theories based on the
City’s own negligence.
b. “City” includes, but is not limited to: the entity of the City, as well as any officer,
official, employee, or agent thereof. The term also includes all of the City’s
insurers. As juxtaposed against the use of the term “City” as it is generally used
in this Agreement, the City’s insurers are added to its meaning in Section N.
c. “Expense(s)” has its general definition. It includes, but is not limited to, actual
attorneys ’fees and actual expenses of litigation.
2. Construction: The ejusdem generis canon does not apply to this Section N.
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3. Indemnify, Defend, and Hold Harmless: City Wise must indemnify, defend, and hold
harmless City against any liability, damage, loss, Expense, demand, tax obligations, or
judgment under any Theory of Liability resulting from, arising out of, or related to the
Technology, or otherwise resulting from, arising out of, or related to this Agreement,
including any intellectual property infringement.
4. Applicability: Section N applies regardless of whether the liability, damage, loss, Expense,
demand, or judgment actually exists or is merely alleged to exist by a third-party. Section N
applies regardless of whether the Theory of Liability is meritorious or is merely alleged to
be so by a third-party. Section N applies regardless of whether the matter results from, arises
out of, or relates to the Technology or Agreement, or is merely alleged to do so.
5. Procedure: Pursuant to this Section N, upon City learning of a third-party claim, suit, action,
demand, or judgment against City, City will tender the matter to City Wise as a notice, and
City Wise will immediately take up its obligations under this Agreement. City Wise must
provide City notice of any third-party claim, suit, action, or demand against City within
three (3) days of discovering it, if such discovery was not due to City informing City Wise
of it, and will immediately take up its obligations hereunder. City has the right to be
continually informed of the status of the defense and to meaningfully participate in the
defense. City Wise has the right to select any legal counsel it chooses when defending City.
City Wise must not settle any third-party claim, suit, action, or demand that causes City to
pay any money or be held liable, in whole or part, without the approval of the Common
Council for the City of Muskegon.
6. Enforcement Fees: If City commences a lawsuit to enforce its rights under this Section N
and prevails in securing such rights, it is entitled to recover the Expenses of litigation
relating to said securing.
7. Superiority: This Section N applies, notwithstanding anything in this Agreement to the
contrary.
O. Public Records.
1. Definitions: In this Section O, the following terms have the following definitions:
a. “Record(s)” are defined by Michigan Statute Section 15.232(i).
b. “Open Government Laws” mean Michigan Act 442 of 1976.
2. The City is a municipal entity legally bound to comply with the Open Government Laws
and that, unless otherwise clearly allowed by law to be an exception to disclosure, all aspects
of this Agreement are subject to open disclosure and are a matter of public record. The
Parties warrant and covenant that neither will take any action to obstruct the operation of
the Open Government Laws, and warrant and covenant that City will have sole and final
decision-making authority as to how to comply with the Open Government Laws. To
comply with any public record request, City Wise warrants and covenants that it will
produce copies of all Records to City in their original format.
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3. City Wise warrants and covenants that it will immediately provide the City, as a notice, any
public record request received by City Wise that in any way relates to this Agreement.
4. City Wise warrants and covenants that it will maintain all Records subject to any of the
Open Government Laws for the length of time prescribed by law. City Wise covenants that
upon the termination of this Agreement, regardless of cause, it will provide all Records
subject to the Open Government Laws to the City, the City must receive such records no
later than thirty (30) days after termination.
5. This Section O applies, notwithstanding anything in this Agreement to the contrary, except
if there is a conflict with Section N.
P. Insurance:
1. City Wise must procure and maintain, at its own cost, insurance policies as hereinafter
specified to insure against all risk and loss during the term of this Agreement (including any
renewal terms). The policies must be issued by an insurance company or companies
authorized to do business in the State of Michigan and licensed by the State of Michigan.
All such policies must name the City of Muskegon as an “additional insured” party. City
Wise must furnish, as a notice, a Certificate of Insurance, and proof of payment of any
required insurance premiums, to the City of Muskegon to indicate compliance with each of
the insurance obligations in this Agreement within thirty (30) days of the Agreement’s
effective date. The insurance policies must contain a clause that in the event any policy
issued is canceled for any reason, or any material changes are made therein, the City of
Muskegon will be notified, in writing, by the insurer at least thirty (30) days before any
cancellation or change takes effect. A material change includes, but is not limited to, a
change in policy amount, coverage, or status of the insurer. If the aforementioned
cancellation or change would lead to City Wise falling below the required coverages, and
this is not remedied prior to fifteen (15) days before cancellation or change takes effect, the
City may purchase an amount of insurance necessary to meet the minimum required
coverages as specified herein, and send an invoice, as a notice, to City Wise for the actual
costs thereof; City Wise must pay such invoice within thirty (30) days of the date it was
sent.
2. City Wise must procure and maintain insurance with coverages and limits at least as broad
as the following:
a. Commercial General Liability Insurance:
i. $2,000,000 per occurrence; $2,000,000 aggregate
ii. Coverage must match the scope of duty to indemnify, hold harmless, and
defend in Section N.
b. Umbrella Policy:
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i. $2,000,000
i. Coverage must match the scope of duty to indemnify, hold harmless, and
defend in Section N.
c. Cyber Liability Insurance:
i. $1,000,000 per occurrence; $2,000,000 aggregate
ii. Covers: invasion and breach of privacy; invasion and breach of security;
unauthorized release, access, destruction, corruption, alteration, and theft of
electronic information; computer virus, malware, and ransomware; denial of
service or other attack
d. Worker’s Compensation Insurance, including Employers’ Liability Coverage, in
accordance with all applicable statutes of the State of Michigan.
Q. Industry Standards:
City Wise warrants and covenants that all services conducted under this Agreement will adhere to
generally prevailing professional or industry standards.
R. Assignment:
The Parties shall not transfer or assign this Agreement, in whole or part, or any license hereunder,
without obtaining prior written consent from the other Party.
S. General Marketing:
City acknowledges and agrees that City Wise may make reference to City as a customer in various
marketing materials, including but not limited to marketing presentations, press releases, product
brochures, and financial or governmental reports.
T. Sole Agreement:
This document constitutes the entire understanding and Agreement between City Wise and City. It
is specifically agreed that this Agreement supersedes and cancels all prior negotiations,
arrangements, discussions, correspondence (whether or not responded to), representations,
agreements, contracts, or understandings; any of the foregoing may have taken place or been in
existence at any time between the parties, and may have been either written or oral.
U. Modifications:
Changes to this Agreement require mutual agreement, must be documented in writing, signed by
both City Wise and City, and incorporated into this Agreement. Changes need no further
consideration to be effective, though this Agreement does not prohibit further consideration from
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being employed.
V. Waiver:
The waiver of any default or breach by either Party will not be considered a waiver of any other
default or breach.
W. Severability:
If any part of this Agreement—other than Sections N, O, or P—is deemed unenforceable by a
court of competent jurisdiction, the remainder of the Agreement will remain in full force and
effect.
X. Notices:
All notices and communications related to this Agreement must be in writing. Parties may change
their address by notifying the other Party in accordance with this paragraph. Notice is considered
given as follows:
1. Personally delivered to the recipient's address in the introductory paragraph (if to City, separate
copies must be addressed to the City Attorney’s Office and the City Administrator).
2. Three (3) days after deposit in the United States mail, postage prepaid, to the recipient's address
in the introductory paragraph (if to City, separate copies must be addressed to the City Attorney’s
Office and the City Administrator). Such mailing must be by First Class Mail or Certified Mail.
Y. Governing Law/Jurisdiction:
This Agreement and all matters arising from it are governed by the laws of the State of Michigan.
Any legal action or proceeding, initiated by either Party against the other, and that is related to this
Agreement shall be brought in state or federal courts in Muskegon or Kent County, Michigan, (as
applicable) or the United States District Court for the Eastern District of Michigan. Both City Wise
and City consent to the jurisdiction of these courts and agree that venue is appropriate in any legal
action or proceeding related to this Agreement. For the avoidance of doubt, this paragraph does
not waive or forfeit any other objections to the initiation of such legal action, such as the proper
service of a summons.
Z. Construction:
1. This Agreement is the result of an arm’s length negotiation, and in resolving any ambiguity
in this Agreement, none of the Parties hereto will be deemed to be the draftsman hereof.
2. For the avoidance of doubt, the words “represent”, “warrant”, and “covenant”, including
any grammatical tense or form of the words, are intentionally chosen to invoke the
obligations and remedies associated with them under the law.
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3. Nothing contained in this Agreement is intended to be a waiver or estoppel by the City
(including, but not limited to, the entity of the City, as well as any officer, official, employee,
agent, and insurers) to rely upon the limitations, defenses, and immunities contained within
Michigan law
AA. Authority to Act:
1. Each of the undersigned hereby represents and warrants that: (a) they have all requisite
power and authority to execute this Agreement; (b) the execution and delivery of this
Agreement by the undersigned, and the performance of its terms thereby have been duly
and validly authorized and approved by all requisite action required by law; and (c) this
Agreement constitutes the valid and binding agreement of the Parties, enforceable against
each of them in accordance with the terms of the Agreement.
2. The Common Council for the City of Muskegon, by approving this Agreement, vests the
Mayor, including any of the Mayor’s designees, with the authority to act for the City during
any terms of this Agreement. For the avoidance of doubt and by way of example only, such
authority includes the decisions of whether to terminate this Agreement, approve
assignments, initiate and prosecute any legal action or proceeding related to this
Agreement, and otherwise carry out this Agreement. Notwithstanding the foregoing, the
Council reserves the sole authority to settle any litigation or amend this Agreement, as well
as concurrent authority with the Mayor to act for the City during any terms of this
Agreement.
BB. Relationship of Parties:
There is no employment or agency relationship between the Parties; City Wise is an independent
contractor of the City.
CC. User Agreements:
1. Intent: City Wise intends to enter into separate user agreements (also called listing
agreements) with third-parties to govern said third-parties’ ability to list properties on a
subdomain on the City’s website. This Section CC is intended to govern the content of
such user agreements and inform the scope of City Wise’s authority to allow third-parties
access to the City’s website.
2. Definitions: As used in this Section CC, “City” has the meaning of Section N.1.b.
3. City Wise may enter into user agreements with third-parties that allows the third-party to
list properties on a subdomain of the City’s website (muskegon-mi.gov), except as that
right is limited in this Section CC.
4. City Wise warrants and covenants not to enter into any user agreement with any third-party
that allows the third-party to list properties on a subdomain of the City’s website
(muskegon-mi.gov) unless said user agreement contains substantially the same provisions
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as Sections N, P, Y, and Z.3 in this Agreement, a statement such provisions are expressly
made in favor of the City, and that the City is a third-party beneficiary of the user
agreement. While the user agreement’s versions of this Agreement’s Sections N, P, Y, and
Z.3 may be substantially the same, rather than identical, they must not afford the City less
rights or protections than Sections N, P, Y, and Z.3 establish in this Agreement.
a. Without limiting the requirement that user agreements be substantially similar
to the whole of Section N of this Agreement (for the avoidance of doubt and by
way of example only, this includes the definitions contained therein), a provision
of a user agreement is substantially similar to N.3 of this Agreement if it reads
as follows: “[Third-party entering into user agreement] must indemnify, defend,
and hold harmless the City against any liability, damage, loss, expense, demand,
or judgment under any theory of liability resulting from, arising out of, or related
to [third-party entering into user agreement’s] use of the Technology, or
otherwise resulting from, arising out of, or related to this [user agreement].”
5. The City may request, as a notice, access to any user agreement authorized herein, and will
receive such from City Wise within fourteen (14) days of the notice.
DD. Third-Party Beneficiaries:
The Parties do not intend to create any third-party beneficiaries to this Agreement, and this
Agreement creates none.
IN TESTIMONY OF THIS AGREEMENT, the undersigned parties have signed and executed
this document as of the date first mentioned above.
CITY OF MUSKEGON, MICHIGAN:
By:
Name:
Title:
CITY WISE SOFTWARE LLC:
By:
Name:
Title:
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SCHEDULE 1
Services to Be Performed
City Wise commits to:
• Hosting Housing Website:
• 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:
• 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:
• 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:
• 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:
• Collect Listing Fees, subject to City's approval (withholding approval not
unreasonably).
• User Agreement Development:
• 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.
• Quarterly Reports:
• Prepare and deliver quarterly reports on site statistics to City, including, at a
minimum, the number of subscribers and property listings.
• Product Support:
• Provide product support to City and users through a customer service email
account.
• Customized Site Inclusions:
• 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.
• Technology Upgrades:
• Regularly install Technology upgrades to the Technology, notifying City of
relevant upgrades via email.
• Data Backups:
• Perform regular monthly backups of site data.
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