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CITY OF MUSKEGON
CITY COMMISSION MEETING
August 26, 2025 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
☐ CALL TO ORDER:
☐ PRAYER:
☐ PLEDGE OF ALLEGIANCE:
☐ ROLL CALL:
☐ HONORS, AWARDS, AND PRESENTATIONS:
☐ PUBLIC HEARINGS:
☐ FEDERAL/STATE/COUNTY OFFICIALS UPDATE:
☐ PUBLIC COMMENT ON AGENDA ITEMS:
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Sale of 561 Catherine Planning
C. Roller Purchase Public Works
D. Ordinance Amendment: Curfew (SECOND READING) Public Safety
E. First Amendment to PILOT Agreement for Park Terrace Apartments
Acquisition Manager's Office
F. First Amendment to Municipal Services Agreement Park Terrace
Apartments Acquisition Manager's Office
G. First Amendment to the PILOT Agreement for Village at Park Terrace
Acquisition Manager's Office
H. First Amendment to Municipal Services Agreement for Village at Park
Terrace Acquisition Manager's Office
I. Amendment to the Planned Unit Development (PUD) at Harbour Towne -
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Changes to the Restaurant at 3505 Marina View Point. Planning
☐ UNFINISHED BUSINESS:
☐ NEW BUSINESS:
☐ ANY OTHER BUSINESS:
☐ GENERAL PUBLIC COMMENT:
► Reminder: Individuals who would like to address the City Commission shall do the following: ►Fill out a
request to speak form attached to the agenda or located in the back of the room. ► Submit the form to
the City Clerk. ► Be recognized by the Chair. ► Step forward to the microphone. ► State name. ►Limit of
3 minutes to address the Commission.
☐ CLOSED SESSION:
☐ ADJOURNMENT:
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF
MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
To give comment on a live-streamed meeting the city will provide a call-in telephone
number to the public to be able to call and give comment. For a public meeting that is
not live-streamed, and which a citizen would like to watch and give comment, they
must contact the City Clerk’s Office with at least a two-business day notice. The
participant will then receive a zoom link which will allow them to watch live and give
comment. Contact information is below. For more details, please visit:
www.shorelinecity.com
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such
as signers for the hearing impaired and audio tapes of printed materials being
considered at the meeting, to individuals with disabilities who want to attend the
meeting with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with
disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or by calling the following:
Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705.
clerk@shorelinecity.com
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 26, 2025 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To approve minutes of the August 11, 2025, Commission Worksession Meeting, and the August 12,
2025, City Commission Meeting.
Detailed Summary & Background:
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Approval of the minutes.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
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CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
August 11, 2025 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The City Commission Worksession Meeting of the City of Muskegon was held at
City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Monday, August
11, 2025.
Present: Mayor Ken Johnson, Vice Mayor Rebecca St.Clair, Commissioners
Katrina Kochin and Jay Kilgo, City Manager Jonathan Seyferth, City Attorney
John Schrier, and City Clerk Ann Marie Meisch
Absent: Commissioners Willie German, Jr., Rachel Gorman, and Destinee
Keener
2025-64 NEW BUSINESS
A. Regional Transit Authority Manager's Office
Staff is seeking direction on the City of Muskegon's participation in a new
regional transit authority.
In October 2024, the City Commission approved Articles of Incorporation as a
first official step in forming a regional transit authority. The articles outline the
members, district served, purposes and power of the authority, details of the
Board of Directors, how the work will be funded, how future amendments are
made and approved, and methods for members to be released from the
authority.
As you are aware, not all of the four member communities approved the
Articles of Incorporation. Discussion among the communities has continued,
and it is unlikely that at least one and possibly two communities will join the
authority, leaving an authority comprised of two or three communities. Staff is
asking the commission to consider whether they are willing to join a smaller
authority. It is likely that the remaining communities will contract with the
authority for certain transit services, most likely the Go Bus. It is also likely that
fixed routes will be offered in the non-member communities to ensure residents
who use fixed routes can reach their desired destinations.
Commission decided to not pursue this at this time, but would be happy to
revisit this if circumstances change.
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ANY OTHER BUSINESS
The Mayor asked if there would be interest in placing an Advisory Ballot
Question on the November, 2025, ballot. Commission discussed this item and
decided to not go forward with this.
PUBLIC COMMENT
Public comments received.
ADJOURNMENT
The City Commission Worksession Meeting adjourned at 6:50 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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CITY OF MUSKEGON
CITY COMMISSION MEETING
August 12, 2025 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
CALL TO ORDER
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, August 12, 2025.
Mayor Johnson opened the meeting with a moment of silence, after which the
Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Rebecca St. Clair, Commissioners Jay
Kilgo, Destinee Keener, Rachel Gorman, and Katrina Kochin, City Manager
Jonathan Seyferth, City Attorney John Schrier, and City Clerk Ann Marie Meisch
Absent: Commissioner Willie German, Jr.
2025-65 HONORS, AWARDS, AND PRESENTATIONS
A. HBCU Club of Muskegon - Tarra Carson Mayor's Office
Tarra Carson and Tinoko explained that the HBCU Club of Muskegon provides
program and career services to residents in the west Michigan area for grades 7
through college. They gave an update and thanked the City Commission for
their support.
B. Zoe from the Nelson Neighborhood spoke about the litter issue in the City
of Muskegon. Would like to have community cleanups that involve the children
because if we involve the children then they will grow into caring adults.
2025-66 PUBLIC HEARINGS
A. PA 210 Commercial Rehabilitation Certificate - 1700 Oak Avenue
Economic Development
Pursuant to Public Act 210 of 2005, as amended, Muskegon Central Park, LLC
has requested the issuance of a Commercial Rehabilitation Certificate at 1700
Oak Avenue.
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Muskegon Central Park, LLC is requesting a Commercial Rehabilitation
Certificate for the property located at 1700 Oak Avenue. This site is the former
General Hospital, which is now planned for redevelopment into six (6) three-story
multifamily buildings, totaling 144 dwelling units ranging from one (1) to three (3)
bedrooms.
A Commercial Rehabilitation District for this site was established following a
public hearing held by the City Commission on July 22, 2025, allowing taxing
jurisdictions the opportunity to provide input. Establishment of the district is a
required step prior to the consideration of a certificate under Public Act 210 of
2005. In addition to the PA 210 incentive, this project also received approval for
a Brownfield Plan Amendment on February 25, 2025. If approved, the
Commercial Rehabilitation Certificate will freeze the taxable value of the
existing building (in this case, the vacant hospital structure), and exempt the
new real property investment from local property taxes for the duration of the
certificate. The school operating tax and State Education Tax (SET) will continue
to be levied. Land and personal property are not eligible for exemption under
this act. The estimated capital investment exceeds $21 million and is expected
to create approximately 100 construction jobs, and generate three (3) new
permanent jobs following project completion.
The City’s internal tax committee has reviewed the application and is
recommending an abatement duration of ten (10) years.
STAFF RECOMMENDATION: I move to close the public hearing and approve the
Commercial Rehabilitation Certificate for 1700 Oak Avenue for a duration of ten
(10) years, and authorize the Mayor and City Clerk to sign.
The public hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Keener, second by Commissioner Kochin, to close the
public hearing and approve the Commercial Rehabilitation Certificate for 1700
Oak Avenue for a duration of ten (10) years, and authorize the Mayor and City
Clerk to sign the application and the resolution.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, Gorman, Kochin, and St.Clair
Nays: None
MOTION PASSES
B. PA 198 Industrial Facilities Exemption - 701 W. Laketon Ave. Economic
Development
Pursuant to Public Act 198 of 1974, as amended, Molding Media of America, 701
W. Laketon Ave. has requested the issuance of an Industrial Facilities Exemption
Certificate for the property located at 701 W. Laketon Ave.
Molding Media of America (MMA) has submitted an application for an Industrial
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Facilities Exemption (IFT) certificate for real property improvements at 701 W.
Laketon Avenue, the former Great Lakes Die Cast facility. The company is
proposing a capital rehabilitation investment of $185,000. If approved, the IFT
certificate would reduce property taxes on the real property improvements by
50%.
MMA is a newly established company created in response to the anticipated
closure of the current fiberglass supplier for SRS Fiberglass Products. To fill this gap
in the market, MMA intends to develop a 68,000 sq. ft. fiberglass processing
facility to serve the automotive, commercial interiors, and HVAC markets. In
addition to the real property investment, the company plans to make significant
investments in equipment and create approximately 50 high-paying jobs over
the next two years.
As a new business, MMA has signed the City’s Equal Employment Opportunity
and Inclusive Workforce Development Letter, affirming its commitment to
building a workforce that reflects the diversity of the City of Muskegon. The City’s
EEO & Employee Relations Director, in collaboration with the Economic
Development Department, will monitor the company’s progress toward these
workforce goals.
Following review, the City’s Internal Tax Committee recommends approval of a
9-year abatement term for the proposed investment.
STAFF RECOMMENDATION: I move to close the public hearing and approve the
issuance of an Industrial Facilities Exemption Certificate for a period of nine (9)
years for the property located at 701 W. Laketon Avenue, and to authorize the
Mayor and City Clerk to sign.
The public hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Vice Mayor St.Clair, second by Commissioner Kochin, to close the
public hearing and approve the issuance of an Industrial Facilities Exemption
Certificate for a period of nine (9) years for the property located at 701 W.
Laketon Avenue, and to authorize the Mayor and City Clerk to sign the
application and the resolution.
ROLL VOTE: Ayes: Kilgo, Keener, Gorman, Kochin, St.Clair, and Johnson
Nays: None
MOTION PASSES
C. Neighborhood Enterprise Zone Certificates - 283 E. Walton Ave., 287 E.
Walton Ave., 286 Myrtle Ave., 294 Myrtle Ave., 518 Oak Ave., 450
Orchard Ave., and 454 Orchard Ave. Economic Development
The staff are requesting the approval of Neighborhood Enterprise Zone (NEZ)
certificates for 15 years for a new construction home at 283 E. Walton Ave., 287
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E. Walton Ave., 286 Myrtle Ave., 294 Myrtle Ave., 518 Oak Ave., 450 Orchard
Ave., and 454 Orchard Ave.
An application for Neighborhood Enterprise Zone (NEZ) certificates has been
received from RSW Holdings LLC and Barrowstone Capital LLC for the
construction of single-family homes located at 283 E. Walton Ave., 287 E. Walton
Ave., 286 Myrtle Ave., 294 Myrtle Ave., 518 Oak Ave., 450 Orchard Ave., and 454
Orchard Ave. The estimated construction cost for each home is $157,000.
These properties were previously owned by the City of Muskegon. The applicant
has met all local and state requirements necessary for the issuance of the NEZ
certificate.
STAFF RECOMMENDATION: I move to close the public hearing and approve
Neighborhood Enterprise Zone (NEZ) certificates for 15 years at 283 E. Walton
Ave., 287 E. Walton Ave., 286 Myrtle Ave., 294 Myrtle Ave., 518 Oak Ave., 450
Orchard Ave., and 454 Orchard Ave and authorize the City Clerk and Mayor to
sign the certificates and resolutions.
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 and approve Neighborhood Enterprise Zone (NEZ) certificates for
15 years at 283 E. Walton Ave., 287 E. Walton Ave., 286 Myrtle Ave., 294 Myrtle
Ave., 518 Oak Ave., 450 Orchard Ave., and 454 Orchard Ave and authorize the
City Clerk and Mayor to sign the applications and resolutions.
ROLL VOTE: Ayes: Keener, Gorman, Kochin, St.Clair, Johnson, and Kilgo
Nays: None
MOTION PASSES
PUBLIC COMMENT ON AGENDA ITEMS
No public comments were made.
2025-67 CONSENT AGENDA
A. Approval of Minutes City Clerk
To approve minutes of the July 22, 2025, City Commission Meeting.
STAFF RECOMMENDATION: Approval of the minutes.
B. Sale of 577, 695, 723 Amity and 461 White Planning
Staff is seeking authorization to sell the City-owned vacant lots at 577, 695, and
723 Amity as well as 461 White to Robert Muusse.
Robert Muusse would like to purchase the City-owned buildable lots at 577, 695,
and 723 Amity as well as 461 White for $12,150 (75% of the True Cash Value of
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$16,200) plus half of the closing costs, and the fee to register the deed. Robert
Muusse will be constructing a single-family home on each of the properties, for a
total of 6 homes.
STAFF RECOMMENDATION: Authorize staff to sell the City-owned vacant lots at
577, 695, 723 Amity and 461 White to Robert Muusse.
C. Sale of 619 Amity Planning
Staff is seeking authorization to sell the City-owned vacant lot at 619 Amity to
Four Properties LLC.
Four Properties LLC (Tyce VanNoord) would like to purchase the City-owned
buildable lot at 619 Amity for $3,750 (75% of the True Cash Value of $5,000) plus
half of the closing costs, and the fee to register the deed. The parcel will be split
into three buildable lots. Four Properties LLC will be constructing a duplex and an
accessory dwelling unit (ADU) on two of the properties, and a duplex only on
the third property; for a total of three duplexes and two ADUs.
STAFF RECOMMENDATION: Authorize staff to sell the City-owned vacant lot at
619 Amity to Four Properties LLC.
D. Filtration - Hypochlorite Storage Tank Liner Installations Public Works
Staff is requesting authorization for the installation of two PVC liners for two
hypochlorite storage tanks at the Water Filtration Plant from Wagner Enterprises
Inc.
The Water Filtration Plant uses sodium hypochlorite in the production of drinking
water. The application of sodium hypochlorite is one of several crucial processes
used to inactivate or remove pathogens from the water. Our current storage
tanks were originally installed in 1997 and are showing signs of delamination on
the interior walls. Replacing both tanks at this time would require significant
building alterations, including removal of the roof, piping, and electrical
components that are currently in the way. With the current configuration of the
storage space, the installation of liners was their recommendation to extend the
life of the tanks without undergoing significant building alterations to install new
tanks. The installation of liners will also significantly reduce any downtime
needed to extend the life of these tanks when compared to re-coating them
with more fiberglass or similar materials. Fiberglass repairs have been undertaken
in the past, but these repairs fail relatively quickly and do not provide a long-
lasting solution.
Wagner Enterprises Inc is the manufacturer’s representative for all of our Belding
chemical storage tanks, including the hypochlorite tanks. Other bids were not
solicited at this time, as staff feels Wagner Enterprises's experience with our
specific tanks is invaluable. This should make for a smooth installation process as
they are familiar with the construction and material of the current tanks. The
Water Filtration Plant has used an average of 456 tons of liquid sodium
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hypochlorite in the previous two fiscal years and is a critical component in
producing safe drinking water for the City of Muskegon and our surrounding
wholesale communities.
STAFF RECOMMENDATION: I move to authorize staff to contract with Wagner
Enterprises Inc for the installation of two PVC liners in two hypochlorite storage
tanks at the Water Filtration Plant.
E. Filtration - Powder Activated Carbon (PAC) Public Works
Staff requests authorization to purchase Powder Activated Carbon (PAC) from
Water Solutions Unlimited for $33,290.
PAC is added to the water at the beginning of the treatment process during the
summer and fall to remove taste and odor compounds. For many years, PAC
was purchased from Water Solutions Unlimited, and they supplied the plant with
whatever product was available. In 2023, staff spent time searching for a
product that would be optimal for our water, and after much research,
AquaSorb CB3-MW was selected. AquaSorb CB3-MW was used throughout 2023
and 2024, and the lack of customer complaints related to taste and odor
indicated staff’s research paid off, and the product is effective. Also, due to the
higher quality product, the water plant used approximately 2,000lbs less PAC
compared to previous years. Staff is recommending the purchase and use of
AquaSorb CB3‐MW for another season. This is the one treatment chemical that
isn’t purchased as part of the treatment chemical purchasing consortium. Staff
solicited quotes from five suppliers. Three suppliers were unable to provide
quotes: Haviland is the most expensive, Water Solutions Unlimited was the lowest
provided quote and AquaSorb CB3‐MW has proven to be an effective
product. This is budgeted as part of our treatment chemical purchases.
Supplier Product Cost
Activated Carbon GC WaterCarb No quote provided
Water Solutions Unlimited AquaSorb CB3‐MW $33,290
Calgon WPH1000 No quote provided
Haviland Products Havatreat 247 $50,080
Company
Carb USA No NSF Product Available No quote provided
Additional reasons for the recommendation of AquaSorb CB3-MW include the
following:
• General Carbon’s product is a bituminous coal‐based PAC. Research indicates
it can effectively remove taste and odor compounds, but it can also have the
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potential to impart its own taste and odor to the water. AquaSorb is a more
environmentally friendly blend of coconut/wood/coal products compared to
solely bituminous coal products, and has been shown to be effective for a
broader range of compounds.
• AquaSorb has been shown to effectively remove Geosmin and MIB, two major
contributors to tastes and odors in drinking water. Geosmin was detected in the
water in 2022.
• AquaSorb has been shown to effectively remove microcystins, a toxin produced
by cyanobacteria. While microcystins have only been infrequently detected in
incredibly low quantities in our lake water, it is an emerging problem. We will
benefit from having a product on hand that can aid in the removal of
microcystins if needed. Data suggests that AquaSorb is effective at lower doses.
We have had issues in the past with blockages developing in our carbon feed
pipelines when we feed higher doses.
STAFF RECOMMENDATION: I move to authorize staff to purchase powder
activated carbon (AquaSorb CB3‐MW) from Water Solutions Unlimited for
$33,290.00.
F. Ordinance Amendment: Curfew Public Safety (REQUIRES SECOND
READING)
The police department recommends changing the City of Muskegon's Curfew
Ordinance definition of any minor under the age of 16 years of age or younger
to under the age of 17 years of age or younger. This will follow suit with the State
of Michigan's change of the definition of juvenile from 17 to 18 to ensure 17-
year-olds are protected under the curfew ordinance.
In 2021, in accordance with the Michigan Juvenile Justice Reform Act of 2018,
the definition of juvenile changed from age 17 and under to 18 and under in
MCL Section 712A.1. The police department recommends changing the City of
Muskegon's Curfew Ordinance definition of any minor under the age of 16 years
of age or younger to under the age of 17 years of age or younger. This will follow
suit with the State of Michigan's change of the definition of juvenile to ensure 17-
year-olds are protected under the curfew ordinance.
STAFF RECOMMENDATION: I move to change Chapter 54, Article VII, Section 54-
241 of the Code of Ordinances from any minor 16 years of age or younger to
any minor 17 years of age or younger.
G. Downtown Muskegon Social District Expansion Request Community
Engagement
Muskegon City Market, LLC (221 W Webster Ave) and Hackley Castle (349 W
Webster Ave) have formally requested to expand the social district to include
their establishments.
On behalf of Muskegon City Market and Hackley Castle, staff are requesting an
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expansion of the Downtown Muskegon Social District. The proposal is to expand
the district to include an additional block on Third St. from Webster to Muskegon
Ave., Webster from 4th to 1st, and 2nd St. and 1st St. from Clay to Webster. Staff
believe the proposed expansion design will simplify the district boundaries,
making them more intuitive for patrons. The updated outline better aligns the
southern edge and includes the Hackley Castle within the district footprint from
the start.
Please note: Hackley Castle will not be added to the social district at this time,
but this adjustment makes them eligible for inclusion in the future without
requiring a formal expansion—streamlining administrative processes. The next
agenda item is the formal request to permit Muskegon City Market, LLC, into the
Downtown Muskegon Social District. MLCC has confirmed that approving both
of these items in one meeting is allowed.
Staff have contacted all current businesses within the social district. Feedback
has been overwhelmingly positive, except for one business expressing concern
that the expansion may dilute the district and doubting that patrons will travel
from the expanded area to purchase social district beverages.
Historic Social District Changes
• Summer 2020 | Downtown Muskegon Social District Plan was approved
• April 2021 | The plan was amended to remove the property at 490 W. Western
Avenue, owned by Port City CIO Building Association, which requested removal
because special non-profit licenses could not be issued inside of a social district
in the initial law.
• April 2022 | The plan was amended on April 26, 2022, to add Hackley Park,
areas along Clay Avenue from Second to Fourth Streets, and the property at 490
W. Western Ave., owned by Port City CIO Building Association.
• May 2024 |At the May 28, 2024, Commission Meeting, the Social District
Expansion proposal failed. The proposal was to extend the Downtown Muskegon
Social District across Shoreline Drive to allow the Shoreline Inn, the Lakehouse,
and the Brewer’s Lounge by Pigeon Hill to join. The common area would cross
Shoreline at 5th St and 3rd St, be on the bike trail from 5th to 3rd, and follow the
sidewalk up Terrace Point Rd.
o Discussion on the topic noted safety concerns regarding crossing Shoreline Drive
and a request to see the timing of the crosswalks adjusted by MDOT, and
potential problems with additional trash being left along the trail. Update from
MDOT since that meeting: Pedestrian signals along Shoreline Drive were originally
set to allow crossing only to the median in one signal cycle. Last year, the signals
at Terrace Point Rd./3rd St, 4th St, 7th St, and Western Ave. were adjusted to
allow full crossings in a single Walk signal. The Terrace St. intersection remains
unchanged due to its longer distance and wider, more protected median,
which would require significantly longer red lights and could increase traffic
delays. It's also important to note that Walk signals are activated only when
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pedestrians press the push button—without it, no signal is given, and crossing isn't
advised.
STAFF RECOMMENDATION: to approve the amended Downtown Muskegon
Social District plan and map as presented.
H. Resolution for 221 West Webster Avenue Social District
Permit Community Engagement
Muskegon City Market, LLC is requesting to join the Downtown Muskegon Social
District for their bar, The Vault Food Collective, located at 221 West Webster
Ave.
Muskegon City Market, LLC is requesting to join the Downtown Muskegon Social
District for their bar, The Vault Food Collective, located at 221 W. Webster Ave—
located inside the Core Plaza. The Michigan Liquor Control Commission (MLCC)
has approved its liquor licenses. To meet state requirements under MCL
436.1551, the business must now receive approval from the City Commission to
apply for a Social District Permit through the State.
STAFF RECOMMENDATION: to approve the Social District Permit for Muskegon
City Market, LLC at 221 West Webster Ave., Muskegon, MI 49440 for
consideration by the Michigan Liquor Control Commission.
J. Amendment to the zoning ordinance - Allowing marinas as a permitted
use in Form-Based Code, Lakeside Mixed Residential districts. (SECOND
READING) Planning
Staff-initiated request to amend the zoning ordinance to allow marinas as a
permitted use in Form-Based Code, Lakeside Mixed Residential districts.
This request was brought about after staff had contact with a couple of
property owners about land use issues on their properties. If this request is
approved, staff will look to rezone several properties in the current Waterfront
Marine (WM) district along Lakeshore Dr. to Form Based Code, Lakeside Mixed
Residential (FBC-LMR) at a future meeting.
The owner at 2984 Lakeshore Dr. wanted to demo and rebuild his house.
However, residential uses are not allowed in the WM district and the existing
house was considered legally non-conforming (grandfathered). The owner was
forced to seek a variance to rebuild the house and the request was eventually
approved. The new house plans were approved, but the new house would
have to meet the existing setbacks in WM, which is 10/14 (side setback
requirement) for a two-story house. Residential setbacks are usually much
smaller, such as five feet in many districts. There are eight houses located in the
WM district, all of which are considered legally non-conforming. With this 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
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to build a multi-family house, between 6-8 units. This is not allowed since
residential is not a permitted use in the WM district.
Staff are not exactly sure why the entire area was zoned WM, but it has been
that way since at least 1986. Were these residential properties hoping to have
marinas added to their properties? Was it zoned in an effort to transform this
area into strictly marina and phase out residential? Without having a clear
answer, staff decided to hold a focus group among the property owners to see
what their vision was for their properties moving forward. At the meeting, it was
discovered that most of the homeowners wanted to continue to stay strictly
residential. A couple of the homeowners wanted to stay residential, but add a
marina to the property. All the homeowners stated that they did not have an
objection to allowing residential with a higher density than single-family.
After the focus group meeting, it was clear that the best path forward would be
to allow multi-family residential and marinas on these properties. The FBC-LMR
district allows for small multiplexes (up to six units) but it does not allow for
marinas. Staff are proposing to amend the ordinance to make marinas a
permitted use in this context, then to rezone these eight properties to FBC-LMR.
A clause was added to the amendment that states "marinas are a permitted
use on properties with Muskegon Lake waterfront frontage." This will eliminate
the possibility of any FBC-LMR properties without lake frontage to storage boats
on their properties. The master plan supports both WM and FBC-LMR as they
both fit the description of a lakeshore that allows for mixed-uses.
Planning Commission Recommendation
A motion was made to recommend the request to amend the zoning ordinance
to allow marinas as a permitted use in Form-Based Code, Lakeside Mixed
Residential districts. The motion passed (6 yes, 0 no, 3 absent).
STAFF RECOMMENDATION: I move to approve the request to amend the zoning
ordinance to allow marinas as a permitted use in the Form-Based Code,
Lakeside Mixed Residential districts.
L. Sale of 499 Amity Planning
Staff is seeking authorization to sell the City-owned vacant lot at 499 Amity to
Sjaarda Homes and Properties LLC (Derek Sjaarda).
Sjaarda Homes and Properties LLC (Derek Sjaarda) would like to purchase the
City-owned buildable lot at 499 Amity for $3,000 (75% of the True Cash Value of
$4,000) plus half of the closing costs, and the fee to register the deed. Sjaarda
Homes and Properties LLC (Derek Sjaarda) will be constructing a duplex on the
property.
STAFF RECOMMENDATION: Authorize staff to sell the City-owned vacant lots at
499 Amity to Sjaarda Homes and Properties LLC (Derek Sjaarda).
N. Update to City Manager's Contract - Vacation Manager's Office
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In June 2025, the City Manager received their annual review. The review was
favorable. The manager requested an increase in vacation time as a result of
the favorable review.
STAFF RECOMMENDATION: Approve the Third Amendment To the City Manager's
Employment Agreement.
O. Request to Create a new Neighborhood Enterprise Zone District at 535
Yuba Economic Development
City staff is requesting approval to create a Neighborhood Enterprise Zone (NEZ)
District at 535 Yuba Street. This designation would make the property eligible for
reduced residential property taxes on new construction.
Pursuant to Public Act 147 of the Michigan Public Acts of 1992, City staff is
requesting the establishment of a Neighborhood Enterprise Zone (NEZ) District for
the parcel located at 535 Yuba Street.
Properties located within an NEZ District are eligible to apply for NEZ certificates,
which provide a reduction in residential property taxes for newly constructed
homes.
Notice letters regarding the proposed district were sent to all affected taxing
jurisdictions on June 10, 2025, and a public hearing was held on July 8, 2025. In
accordance with state law, the resolution establishing the district may not be
adopted until at least 60 days after the notice letters were issued.
STAFF RECOMMENDATION: I move to approve the creation of a Neighborhood
Enterprise Zone District at 535 Yuba and authorize the Mayor and City Clerk to
sign the resolution.
P. Request to Create a new Neighborhood Enterprise Zone District at 2127
Austin Economic Development
City staff is requesting approval to create a Neighborhood Enterprise Zone (NEZ)
District at 2127 Austin. This designation would make the property eligible for
reduced residential property taxes on new construction.
Pursuant to Public Act 147 of the Michigan Public Acts of 1992, City staff is
requesting the establishment of a Neighborhood Enterprise Zone (NEZ) District for
the parcel located at 2127 Austin.
Properties located within an NEZ District are eligible to apply for NEZ certificates,
which provide a reduction in residential property taxes for newly constructed
homes.
Notice letters regarding the proposed district were sent to all affected taxing
jurisdictions on June 10, 2025, and a public hearing was held on July 8, 2025. In
accordance with state law, the resolution establishing the district may not be
adopted until at least 60 days after the notice letters were issued.
STAFF RECOMMENDATION: I move to approve the creation of a Neighborhood
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Enterprise Zone District at 2127 Austin and authorize the Mayor and City Clerk to
sign the resolution.
Q. Request to Create a new Neighborhood Enterprise Zone District at 2262
Austin Economic Development
City staff is requesting approval to create a Neighborhood Enterprise Zone (NEZ)
District at 2262 Austin. This designation would make the property eligible for
reduced residential property taxes on new construction.
Pursuant to Public Act 147 of the Michigan Public Acts of 1992, City staff is
requesting the establishment of a Neighborhood Enterprise Zone (NEZ) District for
the parcel located at 2262 Austin.
Properties located within an NEZ District are eligible to apply for NEZ certificates,
which provide a reduction in residential property taxes for newly constructed
homes.
Notice letters regarding the proposed district were sent to all affected taxing
jurisdictions on June 10, 2025, and a public hearing was held on July 8, 2025. In
accordance with state law, the resolution establishing the district may not be
adopted until at least 60 days after the notice letters were issued.
STAFF RECOMMENDATION: I move to approve the creation of a Neighborhood
Enterprise Zone District at 2262 Austin and authorize the Mayor and City Clerk to
sign the resolution.
R. Request to Create a new Neighborhood Enterprise Zone District at 2155
Continental Economic Development
City staff is requesting approval to create a Neighborhood Enterprise Zone (NEZ)
District at 2155 Continental. This designation would make the property eligible for
reduced residential property taxes on new construction.
Pursuant to Public Act 147 of the Michigan Public Acts of 1992, City staff is
requesting the establishment of a Neighborhood Enterprise Zone (NEZ) District for
the parcel located at 2155 Continental.
Properties located within an NEZ District are eligible to apply for NEZ certificates,
which provide a reduction in residential property taxes for newly constructed
homes.
Notice letters regarding the proposed district were sent to all affected taxing
jurisdictions on June 10, 2025, and a public hearing was held on July 8, 2025. In
accordance with state law, the resolution establishing the district may not be
adopted until at least 60 days after the notice letters were issued.
STAFF RECOMMENDATION: I move to approve the creation of a Neighborhood
Enterprise Zone District at 2155 Continental and authorize the Mayor and City
Clerk to sign the resolution.
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S. Request to Create a new Neighborhood Enterprise Zone District at 2209
Valley Economic Development
City staff is requesting approval to create a Neighborhood Enterprise Zone (NEZ)
District at 2209 Valley. This designation would make the property eligible for
reduced residential property taxes on new construction.
Pursuant to Public Act 147 of the Michigan Public Acts of 1992, City staff is
requesting the establishment of a Neighborhood Enterprise Zone (NEZ) District for
the parcel located at 2209 Valley St.
Properties located within an NEZ District are eligible to apply for NEZ certificates,
which provide a reduction in residential property taxes for newly constructed
homes.
Notice letters regarding the proposed district were sent to all affected taxing
jurisdictions on June 10, 2025, and a public hearing was held on July 8, 2025. In
accordance with state law, the resolution establishing the district may not be
adopted until at least 60 days after the notice letters were issued.
STAFF RECOMMENDATION: I move to approve the creation of a Neighborhood
Enterprise Zone District at 2209 Valley St. and authorize the Mayor and City Clerk
to sign the resolution.
T. Request to Create a new Neighborhood Enterprise Zone District South
Getty Economic Development
City staff is requesting approval to create a Neighborhood Enterprise Zone (NEZ)
District at 1920 S. Getty, 1930 S. Getty, 1940 S. Getty, 1950 S. Getty, & 1960 S.
Getty. This designation would make the properties eligible for reduced
residential property taxes on new construction.
Pursuant to Public Act 147 of the Michigan Public Acts of 1992, City staff is
requesting the establishment of a Neighborhood Enterprise Zone (NEZ) District for
the parcels located at 1920 S. Getty, 1930 S. Getty, 1940 S. Getty, 1950 S. Getty,
& 1960 S. Getty
Properties located within an NEZ District are eligible to apply for NEZ certificates,
which provide a reduction in residential property taxes for newly constructed
homes.
Notice letters regarding the proposed district were sent to all affected taxing
jurisdictions on June 10, 2025, and a public hearing was held on July 8, 2025. In
accordance with state law, the resolution establishing the district may not be
adopted until at least 60 days after the notice letters were issued.
STAFF RECOMMENDATION: I move to approve the creation of the South Getty
Neighborhood Enterprise Zone District and authorize the Mayor and City Clerk to
sign the resolution.
U. Request to Create a new Neighborhood Enterprise Zone District at 2247
Valley Economic Development
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City staff is requesting approval to create a Neighborhood Enterprise Zone (NEZ)
District at 2247 Valley. This designation would make the property eligible for
reduced residential property taxes on new construction.
Pursuant to Public Act 147 of the Michigan Public Acts of 1992, City staff is
requesting the establishment of a Neighborhood Enterprise Zone (NEZ) District for
the parcel located at 2247 Valley St.
Properties located within an NEZ District are eligible to apply for NEZ certificates,
which provide a reduction in residential property taxes for newly constructed
homes.
Notice letters regarding the proposed district were sent to all affected taxing
jurisdictions on June 10, 2025, and a public hearing was held on July 8, 2025. In
accordance with state law, the resolution establishing the district may not be
adopted until at least 60 days after the notice letters were issued.
STAFF RECOMMENDATION: I move to approve the creation of a Neighborhood
Enterprise Zone District at 2247 Valley St. and authorize the Mayor and City Clerk
to sign the resolution.
V. Driveway Easement to Benefit 1188 Lakeshore Dr Public Works
Staff presents a driveway easement benefitting 1188 Lakeshore Dr across the
Lakeshore Trail and adjacent former railroad right-of-way.
A resident of the City is proposing to build a home at 1188 Lakeshore Drive, and
prior to closing on the property their lender has requested a driveway easement
from the City allowing the owner of the property to cross the City's Lakeshore
Trail property as well as the adjacent former railroad right-of-way the City now
owns. Staff have worked with the resident to address concerns regarding sight
distance at the trail crossing, and recommend approval of the easement.
STAFF RECOMMENDATION: I move approval of a driveway easement benefitting
1188 Lakeshore Dr across the Lakeshore Trail and adjacent former railroad right-
of-way.
W. Concur with CRC Recommendation City Clerk
To concur with CRC recommendation to accept the resignation of Mike
Gallavin from the Zoning Board of Appeals and of Karen Evans from the District
Library Board and appoint Walt Kubanek to the Local Officer's Compensation
Commission and Brandon Stewart to the Zoning Board of Appeals.
To accept the resignation of Mike Gallavin from the Zoning Board of Appeals as
Resident with a term ending 1/31/2026; accept the resignation of Karen Evans
from the District Library Board as Commission Appointment with a term ending
6/30/2027; appoint Walt Kubanek to the Local Officer's Compensation
Commission as Citizen with a term ending 1/31/2032; and appoint Brandon
Stewart to the Zoning Board of Appeals as Resident with a term ending
1/31/2026.
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STAFF RECOMMENDATION: To accept the resignation of Mike Gallavin from the
Zoning Board of Appeals and of Karen Evans from the District Library Board and
appoint Walt Kubanek to the Local Officer's Compensation Commission and
Brandon Stewart to the Zoning Board of Appeals.
Motion by Commissioner Kilgo, second by Commissioner Kochin, to adopt the
Consent Agenda as presented minus items I, K, and M.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and Keener
Nays: None
MOTION PASSES
2025-68 ITEMS REMOVED FROM THE CONSENT AGENDA
I. Amendment to the zoning ordinance - Extending the hours of operation
for marihuana retailers and provisioning centers. (SECOND
READING) Planning
Request to amend Section 2331 of the zoning ordinance to allow marihuana
retailers and provisioning centers with approved drive-thru access to remain
open for drive-thru sales only between 12 a.m. and 2 a.m., by The Grassy Knoll.
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.
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Drive-thru's are allowed as a special use permitted under the following
conditions:
i. The underlying zoning designation must be B-2, B-4, MC, I-1, I-2 or any Form
Based Code designation/building type that allows for drive-thru businesses.
ii. Drive-thru windows must be located on private property. Streets and alleys
may only be used for the movement of traffic and may not be used for drive-
thru vehicular stacking.
iii. A traffic study must be performed showing the anticipated number of
stacking spaces and where they would be located on site.
Staff Recommendation
Staff do not have a recommendation on whether marihuana establishments
should be open longer. However, the proposed ordinance is well written and
could be incorporated into the ordinance properly. Staff do have some
concerns about the applicant's ability to follow the established guidelines. Staff
have had discussions with the applicant for the past couple of years about their
desire to host temporary campground events on-site during special events
around the city. That use type is not allowed in their zoning district (I-1) and
would need an amendment for them to proceed. Staff have discovered that a
beach event in August is advertising overflow camping at The Grassy Knoll.
Planning Commission Recommendation
A motion was made to approve the request to allow marihuana retailers and
provisioning centers with approved drive-thru access to remain open for drive-
thru sales only between 12 a.m. and 2 a.m. However, the motion failed (5 no, 1
yes, 3 absent).
STAFF RECOMMENDATION: I move to approve the request to amend Section
2331 of the zoning ordinance to allow marihuana retailers and provisioning
centers with approved drive-thru access to remain open for drive-thru sales only
between 12 a.m. and 2 a.m.
Motion by Commissioner Keener, second by Commissioner Kilgo, to approve
the request to amend Section 2331 of the zoning ordinance to allow marihuana
retailers and provisioning centers with approved drive-thru access to remain
open for drive-thru sales only between 12 a.m. and 2 a.m.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and Keener
Nays: None
MOTION PASSES
K. Resolution for MNRTF Acquisition Grant Application DPW- Parks
Staff requests authorization to apply for a Michigan Natural Resources Trust Fund
(MNRTF) acquisition grant for the expansion of Hartshorn Park for a grant amount
of $908,200, subject to appraisal.
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The City of Muskegon is seeking approval to apply for a MNRTF (Michigan
Natural Resources Trust Fund) Acquisition Grant administered by the Michigan
DNR. The parcel identified for acquisition includes a section of the bike path
along the Hartshorn Boat Ramp Park and the drive and a portion of the parking
lot behind Fricano's. The intent is to acquire a valuable waterfront parcel along
Muskegon Lake to expand public access, preserve natural resources, and
enhance recreational opportunities. This acquisition will support the continued
development of Hartshorn Park and protect a key segment of the Muskegon
Lakeshore Trail, a regional non-motorized pathway that connects residents and
visitors to parks, beaches, and downtown Muskegon. The site holds strong
potential for future park development, including amenities for picnicking and
trail-related activities. The parcel’s integration with the Lakeshore Trail promotes
year-round, low-impact recreation such as walking, biking, and birdwatching,
further connecting the community to the lake’s natural assets.
This project represents a rare opportunity to protect and enhance one of West
Michigan’s most important waterfronts. By securing this land, the City of
Muskegon will expand public space, preserve scenic views, and promote
ecological stewardship. The acquisition supports both recreational use and
habitat preservation, providing long-term benefits for residents, visitors, and the
health of Muskegon Lake. The listing price for the properties is $1,211,000. The
Grant amount requested is $908,200 with the total required match amount of
$302,800 being donated by the seller.
STAFF RECOMMENDATION: I authorize staff to apply for the Michigan Natural
Resources Trust Fund (MNRTF) acquisition grant for the expansion of Hartshorn
Park for a grant amount of $908,200, subject to appraisal.
Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to authorize
staff to apply for the Michigan Natural Resources Trust Fund (MNRTF) acquisition
grant for the expansion of Hartshorn Park for a grant amount of $908,200, subject
to appraisal.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, and Gorman
Nays: None
MOTION PASSES
M. Fleet Vehicle Replacements Public Works
Staff is requesting approval to purchase four Chevy Tahoes for the Police
Department, along with one Ford F150 and four Ford F450 dump trucks for Public
Works.
The Equipment Department is planning to replace several aging, out-of-
warranty vehicles. As part of this effort, four Chevy Tahoes will be purchased
from Berger Chevrolet to replace existing patrol vehicles in the Police
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Department. Berger Chevrolet quoted a price of $53,959.00 per vehicle. One
Ford F150 pickup truck will be purchased from Gorno Ford for $48,233.00, and
four Ford F450 small dump trucks will be purchased for $73,236.00 per vehicle
from multiple vendors including Gorno Ford. All vehicles will be purchased
through the MiDEAL contract, a cooperative purchasing program managed by
the State that secures competitively bid pricing to ensure the best value for
member agencies. The total expenditure for these vehicle replacements is
$557,013, which will be funded through the Equipment Fund as part of the
department's planned equipment replacement budget.
STAFF RECOMMENDATION: I move to authorize staff to purchase fleet
replacement vehicles for a total of $557,013 from Berger Chevrolet and Gorno
Ford.
Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to authorize
staff to purchase fleet replacement vehicles for a total of $557,013 from Berger
Chevrolet and Gorno Ford.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, Gorman, and Kochin
Nays: None
MOTION PASSES
2025-69 NEW BUSINESS
A. Designation of Voting Delegates for the Michigan Municipal League
Annual Business Meeting City Clerk
To designate, by action of the Commission, one of our officials who will be in
attendance at the Convention as an official representative to cast the vote of
the municipality at the Annual Meeting; and, if possible, to designate one other
official to serve as an alternate.
STAFF RECOMMENDATION: To appoint an official representative and alternate
representative to be in attendance and to cast the vote of the municipality at
the Annual Business Meeting of the Michigan Municipal League Convention.
Motion by Commissioner Keener, second by Commissioner Kochin, to appoint
Vice Mayor St.Clair as the official representative and Commissioner Kilgo as the
alternate representative to be in attendance and to cast the vote of the
municipality at the Annual Business Meeting of the Michigan Municipal League
Convention.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, Gorman, Kochin, and St.Clair
Nays: None
MOTION PASSES
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ANY OTHER BUSINESS
Mayor Johnson thanked City Clerk Ann Meisch and her office for running the
election; and Community Police Coordinator Emily Morgenstern and staff for
their work in organizing the National Night Out at Marshfield.
The Mayor, Commission, City Manager Jonathan Seyferth, and Captain
Zonnebelt discussed distracted and dangerous driving in our City and
throughout Muskegon.
Commissioner Kochin thanked the City for the recognition of her Aunt for her
work and dedication to the City of Muskegon, she loved working for the Parks
Department. She also stated the Lakeside Street Performers is Thursday, August
14th at 6:00 p.m.; Touch the Trucks is Thursday, August 21st at 6:00 p.m.; the very
first Gaming Convention coming to Muskegon is on Labor Day weekend at the
Convention Center; and the Milwaukee Clipper is having their Labor Day party
on Labor Day at 6:00 p.m. Commissioner Kochin also wanted to shout out to
Captain Bob because he turned 103 and came out in the 92 degree heat.
City Manager Jonathan Seyferth stated that Fish and Wildlife sent out a
notification that they are going to be doing some die testing on the river and
tributaries starting today through August 21st there could be some dye that
would make parts of the river appear pink or red.
Mayor Johnson stated that underway right now is our tree audit and inventory.
GENERAL PUBLIC COMMENT
Public comments received.
ADJOURNMENT
The City Commission meeting adjourned at 7:17 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 26, 2025 Title: Sale of 561 Catherine
Submitted by: Samantha Pulos, Code Department: Planning
Coordinator
Brief Summary:
Staff is seeking authorization to sell the City-owned vacant lot at 561 Catherine to Habitat for
Humanity of Kent County.
Detailed Summary & Background:
Habitat for Humanity of Kent County would like to purchase the City-owned buildable lot at 561
Catherine for $7,500 (75% of the True Cash Value of $10,000) plus half of the closing costs, and the fee
to register the deed. The lot will be split into three 44' x 132' lots. Habitat for Humanity of Kent County
will be constructing a single-family home on each of the properties. The homes will be sold to home-
buyers at or below the 80% AMI. The sale price of each home is estimated to fall between $165,000
and $185,000. Please note, the buyers have requested that their timeline to commence construction
be stated in the purchase agreement as “by April 30, 2026” instead of the standard 60 days, due to
concern about meeting the deadline with it almost being September.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
n/a Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
n/a Yes No N/A x
Recommended Motion:
Authorize staff to sell the City-owned vacant lot at 561 Catherine to Habitat for Humanity of Kent
County.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x Master Plan, Zoning Ordinance, Policy for the Use
Head & Sale of City-Owned Residential Property
Information
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Technology
Other Division Heads x
Communication
Legal Review x
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PURCHASE AND DEVELOPMENT AGREEMENT
This Purchase and Development Agreement (“Agreement”) is made August 26th, 2025 (“Effective
Date”), between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street,
Muskegon, Michigan 49440 (“City”), and Habitat for Humanity of Kent County, a Michigan nonprofit
corporation, of 425 Pleasant Street, SW, Grand Rapids, MI, 49503, (“Developer”), with reference to the
following facts:
Background
A. City is the owner of one (1) buildable lot, being 561 Catherine, more specifically described
in attached Exhibit A. Prior to closing, City shall split the lot into three (3) lots, more specifically described
in attached Exhibit B.
B. Developer proposes to purchase and develop the three (3) vacant lots owned by City, which
are all located in the City of Muskegon, Muskegon County, Michigan, and each commonly known and
legally described on the attached Exhibit B (each property individually, a “Parcel” and collectively “Project
Properties”).
C. City and Developer desire to establish the terms, covenants, and conditions upon which
City will sell and Developer will purchase and develop the Project Properties. Developer intends to develop
on each of the Project Properties a single-family house (the “Project”).
Therefore, for good and valuable consideration, the parties agree as follows:
1. Sale and Purchase of Project Properties. City agrees to sell to Developer, and Developer
agrees to purchase from City, on the terms and subject to the conditions set forth in this Agreement, the
Project Property, subject to reservations, restrictions, and easements of record.
2. Purchase Price. The total purchase price for the Project Property shall be $7,500.00,
which shall be paid in cash or other immediately available funds at Closing (defined below) less the $400
deposit that the Developer has paid to the City of Muskegon.
Pursuant to Paragraph 3(b) below, the parties acknowledge and agree that Developer shall be eligible to be
reimbursed all or a portion of the purchase price for the Parcel upon the completion of certain design
standards as further described herein.
3. Construction and Development Requirements.
a. Construction Dates. The parties acknowledge and agree that Developer shall have
a period of eighteen (18) months from the date of Closing to complete the Project (“Construction
Period”), except as otherwise provided in this Agreement or as otherwise mutually agreed upon by
the parties in writing.
b. Construction Details; Purchase Price Reimbursement. Developer’s construction
and development of the Project Properties, including single-family homes, duplexes, triplexes, and
accessory dwelling units, shall be in substantial conformance with its plans and specifications
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provided to City by Developer or as otherwise agreed upon in writing between City and Developer.
As referenced above, Developer shall be eligible for reimbursement of all or a portion of the
purchase price for the Project Properties upon Developer’s satisfaction of the following design
standards for each single-family home, duplex, triplex, and accessory dwelling unit it constructs on
the Project Properties. If the Project includes an accessory dwelling unit, both the primary dwelling
unit (single-family home, duplex, triplex) and the accessory dwelling unit must meet the design
standards outlined below to be eligible for reimbursement.
Design Standard Purchase Price Reimbursement for Parcel
Open front porch of at least 60 sq. ft. 20%
Picture or bay window 20%
Alley-loaded parcel 20%
Shutter or other acceptable window 20%
treatments
Underground Sprinkling 20%
(By way of example only: If Developer completes three of the design standards listed above for
the construction at the Parcel located at 551 Catherine, Developer would be reimbursed $1,500.00,
which is 60% of the $2,500.00 purchase price for this Parcel. If Developer completes all five
design standards, Developer would be reimbursed the entire purchase price for this Parcel.)
4. Right of Reversion. Notwithstanding anything herein to the contrary, and as security for
Developer’s obligation to commence and complete construction of a single-family house on each of the
Project Properties, the quit claim deed conveying the Project Properties to Developer shall contain a right
of reversion in all of the Project Properties (“City’s Reversionary Right”), which may be exercised by City,
in its sole and absolute discretion, if any of the following conditions occur:
a. Developer does not commence construction by April 30th, 2026, in which case title
to all of the Project Properties shall automatically revert to City upon the terms and conditions
further provided in this Paragraph 4 below. For purposes of this Paragraph 4(a), commencing
construction means furnishing labor and materials to the Parcel of the Project Property and
beginning installation of the approved single-family home.
b. Developer does not complete construction of the Project Property prior to
expiration of the Construction Period, in which case title to any of the Project Properties that are
not complete by the end of the Construction Period shall automatically revert to City upon the terms
and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph 4(b),
completing construction means the issuance of an occupancy permit by City for the Project
Property. Provided, however, the parties agree to reasonably negotiate an extension of the
Construction Period up to a period of six (6) months for the Project Property that have a completed
foundation before the expiration of the initial Construction Period.
If any of the above conditions occur, City shall automatically have City’s Reversionary Right to reacquire
title to the Project Property, as the case may be. To exercise City’s Reversionary Right described herein,
City must provide written notice to Developer (or its permitted successors, assigns, or transferees) within
thirty (30) days of Developer’s failure under this Agreement, but in any event prior to Developer satisfying
the conditions set forth in Paragraph 4(a) or Paragraph 4(b) above, as the case may be, and record such
notice with the Muskegon County Register of Deeds. Upon request of City, Developer shall take all
reasonable steps to ensure City acquires marketable title to the Project Property, as the case may be, through
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its exercise of its rights under this Paragraph within thirty (30) days of City’s demand, including without
limitation, the execution of appropriate deeds and other documents.
In addition, if the Project Property revert to City, City may retain the purchase price for such Project
Property free and clear of any claim of Developer or its assigns. In the event of reversion of title of the
Project Property, improvements made on such Project Property shall become the property of City. In no
event shall the Project Property be in a worse condition than upon the date of Closing. These covenants and
conditions shall run with the land and be recorded in the quit claim deed from City to Developer.
5. Title Insurance. Within five (5) days after the Effective Date, Developer shall order a title
commitment for an extended coverage ALTA owner’s policy of title insurance issued by Transnation Title
Agency (the “Title Company”) for the Project Property in the amount of the total purchase price for the
Project Property and bearing a date later than the Effective Date, along with copies of all of the underlying
documents referenced therein (the “Title Commitment”). Developer shall cause the Title Company to issue
a marked-up commitment or pro forma owner’s policy with respect to the Project Property at the Closing
naming Developer as the insured and in form and substance reasonably satisfactory to Developer, but
subject to Permitted Exceptions (defined below). As soon as possible after the Closing, Developer shall
cause the Title Company to furnish to Developer an extended coverage ALTA owner’s policy of title
insurance with respect to the Project Property (the “Title Policy”). City shall be responsible for the cost of
the Title Policy; provided, however, Developer shall be solely responsible for the cost of any endorsements
to the Title Policy that Developer desires.
6. Title Objections. Developer shall have until the end of the Inspection Period (as defined
below) within which to raise objections to the status of City’s title to the Project Properties. If objection to
the title is made, City shall have seven (7) days from the date it is notified in writing of the particular defects
claimed to either (a) remedy the objections, or (b) notify Developer that it will not remedy the objections.
If Developer does not notify City in writing as to any title or survey objections, then Developer will be
deemed to have accepted the condition of title as set forth in the Title Commitment. If City is unwilling or
unable to remedy the title or obtain title insurance over such defects within the time period specified, then
notwithstanding anything contained herein to the contrary, Developer may, at its option, upon written notice
to City, either (i) terminate this Agreement and neither City nor Developer shall have any further obligation
to the other pursuant to this Agreement, except as otherwise provided herein, or (ii) waive such objection,
in which case such objection shall become a Permitted Exception, and thereafter proceed to the Closing
according to the terms of this Agreement. Any matter disclosed on the Title Commitment that is waived or
not objected to by Developer shall be deemed a “Permitted Exception.”
7. Property Taxes and Assessments. City shall be responsible for the payment of all real
estate taxes and assessments that become due and payable prior to Closing, without proration. Developer
shall be responsible for the payment of all real estate taxes and assessments that become due and payable
after Closing, without proration.
8. Survey. Developer at its own expense may obtain a survey of any or all of the Project
Property, and Buyer or its surveyor or other agents may enter any of the Project Property for that purpose
prior to Closing. If no survey is obtained, Developer agrees that Developer is relying solely upon
Developer's own judgment as to the location, boundaries, and area of the Project Property and
improvements thereon without regard to any representations that may have been made by City or any other
person. In the event that a survey by a registered land surveyor made prior to Closing discloses an
encroachment or substantial variation from the presumed land boundaries or area, City shall have the option
of affecting a remedy within seven (7) days after disclosure, or terminate this Agreement. Developer may
elect to purchase the Project Property subject to said encroachment or variation.
Page 29 of 68
9. Inspection Period. At Developer’s sole option and expense, Developer and Developer’s
agents may conduct inspections of each of the Project Property within thirty (30) days after the Effective
Date (“Inspection Period”). Developer’s inspection under this Paragraph may include, by way of example
but not limitation, inspections of any existing improvements to each Parcel, other systems servicing the
Parcel, zoning, and the suitability for Developer’s intended purposes for each Parcel. If Developer, in
Developer’s reasonable discretion, is not satisfied with the results of the inspections for any reason,
Developer shall notify City in writing of Developer’s prior to expiration of the 30-day Inspection Period. If
Developer so notifies City, this Agreement shall be terminated and have no further force and effect. If no
written objection is made by Developer within the stated period, this inspection contingency shall be
deemed to be waived by Developer and the parties shall proceed to Closing in accordance with the terms
of this Agreement.
10. Condition of Project Property. City and Developer acknowledge and agree that the Parcel
in the Project Property is being sold and delivered “AS IS”, “WHERE IS” in its present condition. Except
as specifically set forth in this Agreement or any written disclosure statements, City has not made, does not
make, and specifically disclaims any and all representations, warranties, or covenants of any kind or
character whatsoever, whether implied or express, oral or written, as to or with respect to (i) the value,
nature, quality, or condition of any of the Project Property, including without limitation, soil conditions,
and any environmental conditions; (ii) the suitability of the Project Property for any or all of Developer’s
activities and uses; (iii) the compliance of or by the Project Property with any laws, codes, or ordinances;
(iv) the habitability, marketability, profitability, or fitness for a particular purpose of the Project Property;
(v) existence in, on, under, or over the Project Property of any hazardous substances; or (vi) any other matter
with respect to the Project Property. Developer acknowledges and agrees that Developer has or will have
the opportunity to perform inspections of the Project Property pursuant to this Agreement and that
Developer is relying solely on Developer’s own investigation of the Project Property and not on any
information provided to or to be provided by City (except as specifically provided in this Agreement). If
the transaction contemplated herein closes, Developer agrees to accept the respective Project Property
acquired by Developer and waive all objections or claims against City arising from or related to such Project
Property and any improvements thereon except for a breach of any representations or warranties or
covenants specifically set forth in this Agreement. In the event this transaction closes, then subject to City’s
express representations, warranties, and covenants in this Agreement, Developer acknowledges and agrees
that it has determined that the respective Project Property it has acquired and all improvements thereon are
in a condition satisfactory to Developer based on Developer’s own inspections and due diligence, and
Developer has accepted such Project Property in their present condition and subject to ordinary wear and
tear up to the date of Closing. The terms of this Paragraph shall survive the Closing and/or the delivery of
the deed.
11. Developer’s Representations and Warranties of Developer. Developer represents,
covenants, and warrants the following to be true:
a. Authority. Developer has the power and authority to enter into and perform
Developer’s obligations under this Agreement.
b. Litigation. No judgment is outstanding against Developer and no litigation, action,
suit, judgment, proceeding, or investigation is pending or outstanding before any forum, court, or
governmental body, department or agency or, to the knowledge of Developer, threatened, that has
the stated purpose or the probable effect of enjoining or preventing the Closing.
c. Bankruptcy. No insolvency proceeding, including, without limitation, bankruptcy,
receivership, reorganization, composition, or arrangement with creditors, voluntary or involuntary,
Page 30 of 68
affecting Developer or any of Developer's assets or properties, is now or on the Closing Date will
be pending or, to the knowledge of Developer, threatened.
12. Conditions Precedent. This Agreement and all of the obligations of Developer under this
Agreement are, at Developer’s option, subject to the fulfillment, before or at the time of the Closing, of
each of the following conditions:
a. Performance. The obligations, agreements, documents, and conditions required to
be signed and performed by City shall have been performed and complied with before or at the date
of the Closing.
b. City Commission Approval. This Agreement is approved by the Muskegon City
Commission.
13. Default.
a. By Developer. In the event Developer fails to comply with any or all of the
obligations, covenants, warranties, or agreements under this Agreement and such default is not
cured within ten (10) days after receipt of notice (other than Developer’s failure to tender the
purchase price in full at Closing, a default for which no notice is required), then City may terminate
this Agreement.
b. By City. In the event City fails to comply with any or all of the obligations,
covenants, warranties or agreements under this Agreement, and such default is not cured within ten
(10) days after receipt of notice, then Developer may either terminate this Agreement or Developer
may pursue its legal and/or equitable remedies against City including, without limitation, specific
performance.
14. Closing.
a. Date of Closing. The closing date of this sale shall be as mutually agreed by the
parties, but in no event later than 60 days from the City Commission’s approval of the sale
(“Closing”), unless this Agreement is terminated in accordance with its provisions. The Closing
shall be conducted at such time and location as the parties mutually agree.
b. Costs. The costs associated with this Agreement and the Closing shall be paid as
follows: (i) Developer shall pay any state and county transfer taxes in the amount required by law;
(ii) City shall pay the premium for the owner’s Title Policy, provided that Developer shall pay for
any and all endorsements to the Title Policy that Developer desires; (iii) City shall be responsible
to pay for the recording of any instrument that must be recorded to clear title to the extent required
by this Agreement; (iv) Developer shall pay for the cost of recording the deed; and (v) Developer
and City shall each pay one-half of any closing fees charged by the Title Company.
c. Deliveries. At Closing, City shall deliver a quit claim deed for the Project
Properties and Developer shall pay the purchase price. The quit claim deed to be delivered by City
at closing shall include the City Right of Reversion described in Paragraph 4 above. The parties
shall execute and deliver such other documents reasonably required to effectuate the transaction
contemplated by this Agreement.
15. Real Estate Commission. Developer and City shall each be responsible for any fees for
any real estate agents, brokers, or salespersons regarding this sale that it has hired, but shall have no
Page 31 of 68
obligation as to any fees for any real estate agents, brokers, or salespersons regarding this sale that the other
party has hired.
16. Notices. All notices, approvals, consents and other communications required under this
Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii) when sent by
fax or email: (iii) when sent by a nationally-recognized receipted overnight delivery service with delivery
fees prepaid; or (iv) when sent by United States first-class, registered, or certified mail, postage prepaid.
The notice shall be effective immediately upon personal delivery or upon transmission of the fax or email;
one day after depositing with a nationally recognized overnight delivery service; and five (5) days after
sending by first class, registered, or certified mail.
Notices shall be sent to the parties as follows:
To City: City of Muskegon
Attn.: Samantha Pulos, Code Coordinator
933 Terrace Street
Muskegon, MI 49440
To Developer: Habitat for Humanity of Kent County
Andrew Claucherty
425 Pleasant St. SW
Grand Rapids, MI 49503
Phone: (616) 588-5233
Email: aclaucherty@habitatkent.org
17. Miscellaneous.
a. Governing Law. This Agreement will be governed by and interpreted in
accordance with the laws of the state of Michigan.
b. Entire Agreement. This Agreement constitutes the entire agreement of the parties
and supersedes any other agreements, written or oral, that may have been made by and between the
parties with respect to the subject matter of this Agreement. All contemporaneous or prior
negotiations and representations have been merged into this Agreement.
c. Amendment. This Agreement shall not be modified or amended except in a
subsequent writing signed by all parties.
d. Binding Effect. This Agreement shall be binding upon and enforceable by the
parties and their respective legal representatives, permitted successors, and assigns.
e. Counterparts. This Agreement may be executed in counterparts, and each set of
duly delivered identical counterparts which includes all signatories, shall be deemed to be one
original document.
f. Full Execution. This Agreement requires the signature of all parties. Until fully
executed, on a single copy or in counterparts, this Agreement is of no binding force or effect and if
not fully executed, this Agreement is void.
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g. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of any other provision of this Agreement.
h. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions of this Agreement shall not in any way be impaired or
affected.
i. No Reliance. Each party acknowledges that it has had full opportunity to consult
with legal and financial advisors as it has been deemed necessary or advisable in connection with
its decision to knowingly enter into this Agreement. Neither party has executed this Agreement in
reliance on any representations, warranties, or statements made by the other party other than those
expressly set forth in this Agreement.
j. Assignment or Delegation. Except as otherwise specifically set forth in this
Agreement, neither party shall assign all or any portion of its rights and obligations contained in
this Agreement without the express or prior written approval of the other party, in which approval
may be withheld in the other party's sole discretion.
k. Venue and Jurisdiction. The parties agree that for purposes of any dispute in
connection with this Agreement, the Muskegon County Circuit Court shall have exclusive personal
and subject matter jurisdiction and that Muskegon County is the exclusive venue.
This Agreement is executed effective as of the Effective Date set forth above.
CITY: DEVELOPER:
CITY OF MUSKEGON HABITAT FOR HUMANITY OF KENT COUNTY
By: _______________________________ By: _______________________________
Name: Ken Johnson Name: Andrew Claucherty
Title: Mayor Dated: __________________
Dated: __________________
By: _______________________________
Name: Ann Marie Meisch
Title: City Clerk
Dated: __________________
Page 33 of 68
Exhibit A
The following described premises located in the City of Muskegon, County of Muskegon, State of
Michigan, and legally described as follows:
Legal Description: CITY OF MUSKEGON REVISED PLAT 1903 LOTS 4 & 5 BLK 81
Address: 561 CATHERINE AVE, MUSKEGON, MI 49442
Parcel #: 61-24-205-081-0004-00
Price: $7,500.00
(TO BE SPLIT INTO THREE BUILD-ABLE LOTS)
Page 34 of 68
Exhibit B
The following described premises located in the City of Muskegon, County of Muskegon, State of
Michigan, and legally described as follows:
Legal Description: CITY OF MUSKEGON REVISED PLAT 1903 E 44 FT LOT 4 BLK 81
Address: 561 CATHERINE AVE, MUSKEGON, MI 49442
Parcel #: TBD
Price: $2,500.00
Legal Description: CITY OF MUSKEGON REVISED PLAT 1903 W 22 FT LOT 4 & E 22 FT LOT
5 BLK 81
Address: 551 CATHERINE AVE, MUSKEGON, MI 49442
Parcel #: TBD
Price: $2,500.00
Legal Description: CITY OF MUSKEGON REVISED PLAT 1903 W 44 FT LOT 5 BLK 81
Address: 541 CATHERINE AVE, MUSKEGON, MI 49442
Parcel #: TBD
Price: $2,500.00
Page 35 of 68
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 26, 2025 Title: Roller Purchase
Submitted by: Dawson Romanosky, DPW Department: Public Works
Superintendent
Brief Summary:
Staff is requesting to purchase a roller from Michigan CAT for $74,098.90
Detailed Summary & Background:
The Equipment Division is seeking to purchase a new roller for the Highway Department. This roller is
larger than the current roller we use for road repairs and will allow for larger road repairs and better
quality repairs. Staff used several different rollers to determine what best fit the needs of the
department and this machine performed the best. The highway Department budgeted $75,000 for a
new roller in the 25-26 fiscal year and this roller meets the needs and falls in budget at $74,098.90.
Michigan CAT has offered the roller at Sourcewell pricing, ensuring the City receives their best price.
Sourcewell is a purchasing cooperative that competitively bids contracts and items and offers the
best bid price to its members. This competitive bidding process meets the multiple bid requirements
of the city.
Goal/Action Item:
2027 Goal 4: Financial Infrastructure
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
$74,098.90 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
202-450-978 Yes No X N/A
Recommended Motion:
I move to authorize staff to purchase a roller from Michigan CAT for $74,098.90.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X Purchasing Policy
Head
Information
Technology
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Other Division Heads
Communication
Legal Review
Page 37 of 68
Quote 142276-01
Jul 07, 2025
CITY OF MUSKEGON PURCHASING DEPT
1350 E KEATING AVE
Muskegon, Michigan 49442
Thank you for this opportunity to quote Caterpillar products for your business needs. We are pleased to quote the following for your
purchase consideration.
One (1) New Caterpillar Model: CB4.0 Compactor with all standard equipment in addition to the additional specifications listed below:
MACHINE SPECIFICATIONS
CB4.0 03A UTILITY COMPACTOR TRAVEL CONTROL, CUP HOLDER
ENGINE, CAT C1.7T PRODUCT LINK, CELLULAR PL243
OIL, HYD, STANDARD GUARDS, BUMPER
LIGHTS, WORKING, LED DRUM SCRAPER, FOLDING
SWITCH, BATTERY DISCONNECT LIGHT, BEACON
PUMP, PROPEL, STANDARD MATS, COCOA
SEAT, WITH SAFETY SWITCH FREEZE PROTECTION
SUPPORT, SLIDING FOR SEAT MIRROR, REAR VIEW
ROPS, FOLDABLE, LOCKABLE CERTIFICATE OF ORIGIN
TRAVEL CONTROL, STD
WARRANTY & COVERAGE
Standard Warranty: Standard Warranty New CAT Machines - 12 Months Unlimited Hours Full Machine
Sell Price $74,098.90
**Sourcewell contract# 011723-CAT**
Thank you for your interest in Michigan CAT and Caterpillar products for your business needs. This quotation is valid for 30 days, after
which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.
Sincerely,
Jim Langbeen
Machine Sales Representative
Michigan CAT
JimLangbeen@macallister.com
616-292-3610
Page 1 of 1
Page 38 of 68
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 26, 2025 Title: Ordinance Amendment: Curfew (SECOND
READING)
Submitted by: Timothy Kozal, Public Safety Department: Public Safety
Director
Brief Summary:
The police department recommends changing the City of Muskegon's Curfew Ordinance definition
of any minor under the age of 16 years of age or younger to under the age of 17 years of age or
younger. This will follow suit with the State of Michigan's change of the definition of juvenile from 17 to
18 to ensure 17-year-olds are protected under the curfew ordinance.
Detailed Summary & Background:
In 2021, in accordance with the Michigan Juvenile Justice Reform Act of 2018, the definition of
juvenile changed from age 17 and under to 18 and under in MCL Section 712A.1. The police
department recommends changing the City of Muskegon's Curfew Ordinance definition of any
minor under the age of 16 years of age or younger to under the age of 17 years of age or younger.
This will follow suit with the State of Michigan's change of the definition of juvenile to ensure 17-year-
olds are protected under the curfew ordinance.
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
0 Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
I move to change Chapter 54, Article VII, Section 54-241 of the Code of Ordinances from any minor
16 years of age or younger to any minor 17 years of age or younger.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Chapter 54, Article VII, Section 54-241
Head
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Information
Technology
Other Division Heads
Communication
Legal Review
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Page 45 of 68
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 26, 2025 Title: First Amendment to PILOT Agreement for
Park Terrace Apartments Acquisition
Submitted by: Jonathan Seyferth, City Manager, Department: Manager's Office
Jake Eckholm, Development Services Director
Brief Summary:
The existing ownership of Park Terrace Apartments and Village at Park Terrace Senior Apartments is
seeking to sell the portfolio to new ownership. To preserve and lengthen the affordability period, a
new Contract for Housing Exemption is required for both projects. The Commission approved this on
May 27, 2025 - this is an amendment to extend the Property Acquisition Deadline to December 1,
2025 (original date was September 1, 2025).
Detailed Summary & Background:
As noted in May, the new owners hope to put significant capital investment into the facilities in the
coming years, and in order to finance the project and make that possible, they are requesting an
updated and restated PILOT on both Park Terrace as well as the senior living component, Village at
Park Terrace. None of the details of the agreements have changed, other than the Acquisition
Deadline, which is being extended from September 1, 2025, to December 1, 2025. The agreement
reflects a slight reduction in the PILOT rate to 4% of annual shelter rents but establishes a Municipal
Services Agreement (MSA) Charge in a separate agreement. This is to our advantage because the
total MSA revenue stays with the City, rather than being split between the taxing jurisdictions like the
PILOT payment. This document is the contract for housing exemption for up to 25 years, which will
require adherence to MSHDA-regulated rents per requirements in our local ordinance.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
This is the first amendment to a PILOT agreement that the Commission approved on May 27, 2025.
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
To approve the First Amendment to Amend and Restated Contract for Housing Exemption, and
authorize the Clerk and Mayor to sign.
Page 46 of 68
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review X
Page 47 of 68
CITY OF MUSKEGON
FIRST AMENDMENT TO AMENDED AND RESTATED
CONTRACT FOR HOUSING EXEMPTION
This First Amendment (this “Amendment”) to the Amended and Restated Contract for Housing
Exemption dated as of _____________________, 2025 by and between CITY OF MUSKEGON, whose
address is 933 Terrace Street, Muskegon, Michigan (the “City”), and PARK TERRACE LIMITED
DIVIDEND HOUSING ASSOCIATION, LLC, a Michigan limited liability company whose address is
7451 N 63rd St., Longmont, Colorado 80503 (the “Owner”) is made pursuant to the following terms. The
Owner and the City shall sometimes be referred to herein as the “Parties”.
RECITALS
WHEREAS, the Owner and the City entered into that certain Amended and Restated Contract for
Housing Exemption dated effective as of May 28, 2025 (the “Original Agreement”);
WHEREAS, the Original Agreement provides for a tax exemption described more particularly
therein, contingent upon the Owner acquiring certain real property described in Exhibit A of the Original
Agreement by September 1, 2025 (the “Original Property Acquisition Deadline”); and
WHEREAS, the Owner and the City desire to amend the Original Agreement to extend the
Original Property Acquisition Deadline in accordance with this Amendment.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and mutual convents contained herein,
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Amendment. Section 1 of the Original Agreement is hereby amended such that the Original
Property Acquisition Deadline is December 1, 2025.
2. Counterparts. This Agreement may be executed in several counterparts and an executed
copy hereof may be relied upon as an original.
3. Ratification. Except as specifically modified hereby, the Original Agreement shall remain
in full force and effect and is hereby ratified and confirmed by the Parties. To the extent any of the terms
and provisions of the Original Agreement are inconsistent with the terms and provisions of this
Amendment, the terms and provisions of this Amendment shall govern and control.
4. Additional Amendment. Neither this Amendment nor any provision hereof may be waived,
modified, amended, discharged or terminated except by an instrument in writing signed by the Parties,
and then only to the extent set forth in such instrument.
[Signature Page Follows]
HB: 4869-6072-0587.1
Page 48 of 68
IN WITNESS WHEREOF, the undersigned parties have executed this Amendment as of
the date first set forth above.
CITY:
CITY OF MUSKEGON
By:
Name: Ken Johnson
Title: Mayor
By:
Name: Ann Meisch
Title: City Clerk
OWNER:
[PARK TERRACE LIMITED DIVIDEND HOUSING
ASSOCIATION, LLC, a Michigan limited liability
company
By: LM Muskegon Fund 2025 LLC,
a Delaware limited liability company,
its sole member and manager
By: Liam Fund Manager LLC,
a Colorado limited liability company,
its manager
By:
Adam Stein
Manager]
Page 49 of 68
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 26, 2025 Title: First Amendment to Municipal Services
Agreement Park Terrace Apartments Acquisition
Submitted by: Jonathan Seyferth, City Manager, Department: Manager's Office
Jake Eckholm, Development Services Director
Brief Summary:
The existing ownership of Park Terrace Apartments and Village at Park Terrace Senior Apartments is
seeking to sell the portfolio to new ownership. To preserve and lengthen the affordability period, a
new Municipal Services Agreement is required for both projects. The Commission approved this on
May 27, 2025 - this is an amendment to extend the Property Acquisition Deadline to December 1,
2025 (original date was September 1, 2025).
Detailed Summary & Background:
As noted in May, the new owners hope to put significant capital investment into the facilities in the
coming years, and in order to finance the project and make that possible, they are requesting an
updated and restated Municipal Services Agreement (MSA) on both Park Terrace as well as the
senior living component, Village at Park Terrace. None of the details of the agreements have
changed, other than the Acquisition Deadline, which is being extended from September 1, 2025, to
December 1, 2025. The agreement establishes a new Municipal Services Agreement (MSA) of 2% of
the annual shelter rent. This is to our advantage because the total MSA revenue stays with the City,
rather than being split between the taxing jurisdictions like the PILOT payment. This document is the
contract for housing exemption for up to 25 years, which will require adherence to MSHDA-regulated
rents per requirements in our local ordinance.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
This is the first amendment to a PILOT agreement that the Commission approved on May 27, 2025.
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
To approve the First Amendment to the Municipal Services agreement for Park Terrace Apartments
as presented and to authorize the Clerk and Mayor to sign.
Page 50 of 68
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review X
Page 51 of 68
CITY OF MUSKEGON
FIRST AMENDMENT TO MUNICIPAL SERVICES AGREEMENT
This First Amendment (this “Amendment”) to the Municipal Services Agreement dated as of
_____________________, 2025 by and between CITY OF MUSKEGON, whose address is 933 Terrace
Street, Muskegon, Michigan (the “City”), and PARK TERRACE LIMITED DIVIDEND HOUSING
ASSOCIATION, LLC, a Michigan limited liability company whose address is 7451 N 63rd St.,
Longmont, Colorado 80503 (the “Owner”) is made pursuant to the following terms. The Owner and the
City shall sometimes be referred to herein as the “Parties”.
RECITALS
WHEREAS, the Owner and the City entered into that certain Municipal Services Agreement dated
effective as of May 27, 2025 (the “Original Agreement”);
WHEREAS, the Original Agreement provides that the City will provide certain municipal
services to the project described therein, contingent upon the Owner acquiring certain real property
described in Exhibit A of the Original Agreement by September 1, 2025 (the “Original Property
Acquisition Deadline”); and
WHEREAS, the Owner and the City desire to amend the Original Agreement to extend the
Original Property Acquisition Deadline in accordance with this Amendment.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and mutual convents contained herein,
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Amendment. Section 3 of the Original Agreement is hereby amended such that the Original
Property Acquisition Deadline is December 1, 2025.
2. Counterparts. This Agreement may be executed in several counterparts and an executed
copy hereof may be relied upon as an original.
3. Ratification. Except as specifically modified hereby, the Original Agreement shall remain
in full force and effect and is hereby ratified and confirmed by the Parties. To the extent any of the terms
and provisions of the Original Agreement are inconsistent with the terms and provisions of this
Amendment, the terms and provisions of this Amendment shall govern and control.
4. Additional Amendment. Neither this Amendment nor any provision hereof may be waived,
modified, amended, discharged or terminated except by an instrument in writing signed by the Parties,
and then only to the extent set forth in such instrument.
[Signature Page Follows]
HB: 4869-6072-0587.1
Page 52 of 68
IN WITNESS WHEREOF, the undersigned parties have executed this Amendment as of
the date first set forth above.
CITY:
CITY OF MUSKEGON
By:
Name: Ken Johnson
Title: Mayor
By:
Name: Ann Meisch
Title: City Clerk
OWNER:
[PARK TERRACE LIMITED DIVIDEND HOUSING
ASSOCIATION, LLC, a Michigan limited liability
company
By: LM Muskegon Fund 2025 LLC,
a Delaware limited liability company,
its sole member and manager
By: Liam Fund Manager LLC,
a Colorado limited liability company,
its manager
By:
Adam Stein
Manager]
Page 53 of 68
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 26, 2025 Title: First Amendment to the PILOT Agreement for
Village at Park Terrace Acquisition
Submitted by: Jonathan Seyferth, City Manager, Department: Manager's Office
Jake Eckholm, Development Services Director
Brief Summary:
The existing ownership of Village at Park Terrace Senior Apartments and Park Terrace Apartments is seeking to sell
the portfolio to new ownership. To preserve and lengthen the affordability period, a new Contract for Housing
Exemption is required for both projects. The Commission approved this on May 27, 2025 - this is an
amendment to extend the Property Acquisition Deadline to December 1, 2025 (original date was
September 1, 2025).
Detailed Summary & Background:
As noted in May, the new owners plan to invest significantly in the facilities over the coming years. To finance this
project, they are requesting an updated and restated PILOT for both the senior living components, Village at Park
Terrace and Park Terrace. None of the details of the agreements have changed, other than the
Acquisition Deadline, which is being extended from September 1, 2025, to December 1, 2025. The
agreement reflects a slight reduction in the PILOT rate to 4% of annual shelter rents but establishes a
Municipal Services Agreement (MSA) Charge in a separate agreement. This is to our advantage
because the total MSA revenue stays with the City, rather than being split between the taxing
jurisdictions like the PILOT payment. This document is the contract for housing exemption for up to 25
years, which will require adherence to MSHDA-regulated rents per requirements in our local
ordinance.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
This is the first amendment to a PILOT agreement that the Commission approved on May 27, 2025.
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
To approve the First Amendment to Amend and Restated Contract for Housing Exemption, and authorize the Clerk
Page 54 of 68
and Mayor to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review X
Page 55 of 68
CITY OF MUSKEGON
FIRST AMENDMENT TO AMENDED AND RESTATED
CONTRACT FOR HOUSING EXEMPTION
This First Amendment (this “Amendment”) to the Amended and Restated Contract for Housing
Exemption dated as of _____________________, 2025 by and between CITY OF MUSKEGON, whose
address is 933 Terrace Street, Muskegon, Michigan (the “City”), and VILLAGE AT PARK TERRACE
LIMITED DIVIDEND HOUSING ASSOCIATION, LLC, a Michigan limited liability company
whose address is 7451 N 63rd St., Longmont, Colorado 80503 (the “Owner”) is made pursuant to the
following terms. The Owner and the City shall sometimes be referred to herein as the “Parties”.
RECITALS
WHEREAS, the Owner and the City entered into that certain Amended and Restated Contract for
Housing Exemption dated effective as of May 28, 2025 (the “Original Agreement”);
WHEREAS, the Original Agreement provides for a tax exemption described more particularly
therein, contingent upon the Owner acquiring certain real property described in Exhibit A of the Original
Agreement by September 1, 2025 (the “Original Property Acquisition Deadline”); and
WHEREAS, the Owner and the City desire to amend the Original Agreement to extend the
Original Property Acquisition Deadline in accordance with this Amendment.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and mutual convents contained herein,
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Amendment. Section 1 of the Original Agreement is hereby amended such that the Original
Property Acquisition Deadline is December 1, 2025.
2. Counterparts. This Agreement may be executed in several counterparts and an executed
copy hereof may be relied upon as an original.
3. Ratification. Except as specifically modified hereby, the Original Agreement shall remain
in full force and effect and is hereby ratified and confirmed by the Parties. To the extent any of the terms
and provisions of the Original Agreement are inconsistent with the terms and provisions of this
Amendment, the terms and provisions of this Amendment shall govern and control.
4. Additional Amendment. Neither this Amendment nor any provision hereof may be waived,
modified, amended, discharged or terminated except by an instrument in writing signed by the Parties,
and then only to the extent set forth in such instrument.
[Signature Page Follows]
HB: 4869-6072-0587.1
Page 56 of 68
IN WITNESS WHEREOF, the undersigned parties have executed this Amendment as of
the date first set forth above.
CITY:
CITY OF MUSKEGON
By:
Name: Ken Johnson
Title: Mayor
By:
Name: Ann Meisch
Title: City Clerk
OWNER:
[VILLAGE AT PARK TERRACE LIMITED
DIVIDEND HOUSING ASSOCIATION, LLC, a
Michigan limited liability company
By: LM Muskegon Fund 2025 LLC,
a Delaware limited liability company,
its sole member and manager
By: Liam Fund Manager LLC,
a Colorado limited liability company,
its manager
By:
Adam Stein
Manager]
Page 57 of 68
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 26, 2025 Title: First Amendment to Municipal Services
Agreement for Village at Park Terrace Acquisition
Submitted by: Jonathan Seyferth, City Manager, Department: Manager's Office
Jake Eckholm, Development Services Director
Brief Summary:
The existing ownership of Village at Park Terrace Senior Apartments and Park Terrace Apartments is seeking to sell
the portfolio to new ownership. To preserve and lengthen the affordability period, a new Municipal Services
Agreement is required for both projects. The Commission approved this on May 27, 2025 - this is an
amendment to extend the Property Acquisition Deadline to December 1, 2025 (original date was
September 1, 2025).
Detailed Summary & Background:
As noted in May, the new owners hope to put significant capital investment into the facilities in the coming years,
and in order to finance the project and make that possible, they are requesting an updated and restated Municipal
Services Agreement (MSA) on both at the senior living component, Village at Park Terrace and Park Terrace
Apartments. None of the details of the agreements have changed, other than the Acquisition Deadline,
which is being extended from September 1, 2025, to December 1, 2025. The agreement establishes a new
Municipal Services Agreement (MSA) of 2% of the annual shelter rent. This is to our advantage because the total MSA
revenue stays with the City, rather than being split between the taxing jurisdictions like the PILOT payment. This
document is the contract for housing exemption for up to 25 years, which will require adherence to MSHDA-regulated
rents per requirements in our local ordinance.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
This is the first amendment to a PILOT agreement that the Commission approved on May 27, 2025.
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
To approve the First Amendment to the Municipal Services agreement for Village at Park Terrace as presented and
Page 58 of 68
to authorize the Clerk and Mayor to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review X
Page 59 of 68
CITY OF MUSKEGON
FIRST AMENDMENT TO MUNICIPAL SERVICES AGREEMENT
This First Amendment (this “Amendment”) to the Municipal Services Agreement dated as of
_____________________, 2025 by and between CITY OF MUSKEGON, whose address is 933 Terrace
Street, Muskegon, Michigan (the “City”), and VILLAGE AT PARK TERRACE LIMITED
DIVIDEND HOUSING ASSOCIATION, LLC, a Michigan limited liability company whose address is
7451 N 63rd St., Longmont, Colorado 80503 (the “Owner”) is made pursuant to the following terms. The
Owner and the City shall sometimes be referred to herein as the “Parties”.
RECITALS
WHEREAS, the Owner and the City entered into that certain Municipal Services Agreement dated
effective as of May 27, 2025 (the “Original Agreement”);
WHEREAS, the Original Agreement provides that the City will provide certain municipal
services to the project described therein, contingent upon the Owner acquiring certain real property
described in Exhibit A of the Original Agreement by September 1, 2025 (the “Original Property
Acquisition Deadline”); and
WHEREAS, the Owner and the City desire to amend the Original Agreement to extend the
Original Property Acquisition Deadline in accordance with this Amendment.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and mutual convents contained herein,
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Amendment. Section 3 of the Original Agreement is hereby amended such that the Original
Property Acquisition Deadline is December 1, 2025.
2. Counterparts. This Agreement may be executed in several counterparts and an executed
copy hereof may be relied upon as an original.
3. Ratification. Except as specifically modified hereby, the Original Agreement shall remain
in full force and effect and is hereby ratified and confirmed by the Parties. To the extent any of the terms
and provisions of the Original Agreement are inconsistent with the terms and provisions of this
Amendment, the terms and provisions of this Amendment shall govern and control.
4. Additional Amendment. Neither this Amendment nor any provision hereof may be waived,
modified, amended, discharged or terminated except by an instrument in writing signed by the Parties,
and then only to the extent set forth in such instrument.
[Signature Page Follows]
HB: 4869-6072-0587.1
Page 60 of 68
IN WITNESS WHEREOF, the undersigned parties have executed this Amendment as of
the date first set forth above.
CITY:
CITY OF MUSKEGON
By:
Name: Ken Johnson
Title: Mayor
By:
Name: Ann Meisch
Title: City Clerk
OWNER:
[VILLAGE AT PARK TERRACE LIMITED
DIVIDEND HOUSING ASSOCIATION, LLC, a
Michigan limited liability company
By: LM Muskegon Fund 2025 LLC,
a Delaware limited liability company,
its sole member and manager
By: Liam Fund Manager LLC,
a Colorado limited liability company,
its manager
By:
Adam Stein
Manager]
Page 61 of 68
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 26, 2025 Title: Amendment to the Planned Unit
Development (PUD) at Harbour Towne - Changes
to the Restaurant at 3505 Marina View Point.
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Request for an amendment to the PUD to install coolers, build a compactor enclosure, relocate and
expand the outside bar, and add a fenced-in smoking area, at 3505 Marina View Point (Dockers).
Detailed Summary & Background:
The restaurant (formerly Dockers) is located within the Harbour Towne PUD. Any changes to the
footprint of the building require an amendment to the PUD.
The site plan includes the following changes to the PUD:
- An additional cooler/freezer area will be added near the NE corner of the property.
- The outdoor tiki bar will be slightly increased in size (to 480 sf) and will also be slightly realigned to fit
within the property line.
- A fence will be installed and will be used for an outdoor smoking area for patrons.
- The existing dumpster and enclosure will be removed and be replaced with a slightly larger trash
compactor and enclosure (12' x 40').
Notice was sent to all properties within 300 feet. Staff did not receive any comments from the public.
Staff Recommendation
Staff recommend approval of the PUD amendment with the condition that the trash compactor
area be screened with a stockade fence or masonry wall of at least five feet tall.
Planning Commission Recommendation
The Planning Commission unanimously recommended in favor of the request with the condition that
the trash compactor area be screened with a stockade fence or masonry wall of at least five feet
tall.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Page 62 of 68
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 Planned Unit Development at Harbour Towne with the
condition that the trash compactor area be screened with a stockade fence or masonry wall of at
least five feet tall.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X Zoning Ordinance
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 63 of 68
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Page 64 of 68
REMOVE EXISITNG DUMPSTER AND
DUMPSTER ENCLOUSRE - CONSTRUCT
NEW 12' X 40' COMPACTOR ENCLOSURE
FOR NEW COMPACTOR.
Page 65 of 68
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.________
An ordinance to amend the final planned unit development at Harbour Towne.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The planned unit development is hereby amended to include changes to the restaurant.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
Page 66 of 68
CERTIFICATE
(Planned Unit Development at Harbour Towne)
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 26th day of August, at which
meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.
DATED: ___________________, 2025 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
Page 67 of 68
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on August 26, 2025, the City Commission of the City of Muskegon adopted an ordinance
amending the planned unit development at Harbour Towne.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2025
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 68 of 68
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