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CITY OF MUSKEGON
CITY COMMISSION MEETING
January 9, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
☐ CALL TO ORDER:
☐ PRAYER:
☐ PLEDGE OF ALLEGIANCE:
☐ ROLL CALL:
☐ HONORS, AWARDS, AND PRESENTATIONS:
A. Fire Department 150th Anniversary Recognition Manager's Office
B. Audit Presentation-ACFR by Brickley Delong Finance
☐ PUBLIC COMMENT ON AGENDA ITEMS:
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Sanitary Sewer Easement - 381 E Laketon DPW- Engineering
C. Storm Water Maintenance Agreements DPW- Engineering
D. Rezoning of 1993 Austin St Planning
E. Sale of 720 Leonard Avenue - REMOVED PER STAFF REQUEST Manager's
Office
F. Sale of 159 McLaughlin Ave. Planning
G. DDA Liquor License – Muskegon Brewing Company, 1204 W Western Ave
Economic Development
H. Amendment to the zoning ordinance - residential units in previously
existing commercial buildings Planning
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I. Placement of Public Benches City Clerk
J. Filter Plant Tower Lease Changes Public Works
K. Amendment to the Sign Ordinance Planning
L. Comcast Franchise Agreement Manager's Office
☐ PUBLIC HEARINGS:
☐ UNFINISHED BUSINESS:
☐ NEW BUSINESS:
A. City of Muskegon Code of Ethics Manager's Office
☐ ANY OTHER BUSINESS:
☐ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► 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 and address.
► 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.
[email protected]
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 9, 2024 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To approve the minutes of the December 11, 2023 Worksession, December 12, 2023
Commission Meeting, December 19, 2023 Special Meeting, and January 3, 2024
Organizational Meeting.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
Approve the minutes.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information Technology
Other Division Heads
Communication
Legal Review
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CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
December 11, 2023 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
2023-124 CALL TO ORDER
Mayor Johnson called the Worksession meeting to order at 5:30 p.m.
Present: Mayor Ken Johnson, Commissioners, Eric Hood, Teresa Emory, Rachel
Gorman, Rebecca St.Clair, and Michael Ramsey.
Absent: Vice Mayor Willie German, Jr
NEW BUSINESS
A. City Commission Ethics Policy Manager's Office
At an LPC meeting earlier this year, the City Commission directed staff to look
into proposals for a City Commission Ethics Policy. During our research, we
discovered a policy that had been adopted in the mid to late-2000s, that policy
is here for your reference, that policy is here for your reference. Staff would like
to know if this policy meets the objectives of the commission - noting that it was
previously adopted (and could be considered to still be in effect).
Or would the Commission like staff to take elements of this policy and
enhance/update?
Commissioners provided comments on the proposed policy and this will be
considered for adoption at a future meeting. The City Manager recommends
that the Ethics Policy be re-adopted at the Organizational Meeting every two
years. The Ethics Policy should be shared with all employees and incoming
commissioners. The language is clear and uncomplicated, it is easy to
understand - it's current and applicable. The manager suggests updating the
language of the policy and providing it to incoming commissioners before their
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meeting this Thursday and consider adopting it at a meeting in January,
providing them an opportunity to review it.
B. Muskegon Mute Swan Control Program Manager's Office
The City of Muskegon is being asked to support the Muskegon Conservation
District's plan to engage in a Mute Swan Management and Control Program.
This program is done under DNR and USDA-Wildlife Services oversight and is
intended to control the Mute Swan population. Mute Swans are a non-
native/invasive species which negatively impacts local wildlife and the local
native swan population. This population management project is support by the
DNR, Muskegon Lake Watershead Partnership, Michigan Audubon, WMEAC and
others. The named organizations have letters of support accompanying the
resolution.
The Cities of Montague, North Muskegon, and Whitehall have all passed similar
resolutions of support for this program in 2023.
City Manager Jonathan Seyferth provided some background on this item and is
seeking to have the resolution adopted at a meeting on Tuesday, December
12, 2023.
C. Nelson House Project Update Planning
Staff will provide an update on the project to move the historic Nelson House to
a City-owned vacant lot.
Staff continues to work with Muskegon Public Schools and Deitz House Moving
Engineers to move the historic Nelson House from 1292 Jefferson Street to the
vacant City-owned lot at 382 W. Muskegon Avenue. Muskegon Public Schools
has had two phases of asbestos testing completed at the house and shared the
results with City staff. Staff wishes to provide an update to the City Commission
on where the project stands and the expected next steps.
Jamie Pesch, Planning Department, provided an update on where we stand
with the project to move the Nelson House. The cost of abating asbestos is very
high. The asbestos will need to be abated whether the house is demolished or
renovated. The Planning Department is seeking cost estimates for abatement
and destruction as well as abatement and renovation. Jamie will be meeting
with a contractor to discuss the project and get some estimates and will return
to commission with options for consideration at a later date.
PUBLIC COMMENT
No public comments were received.
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ADJOURNMENT
The City Commission Worksession meeting adjourned at 6:00 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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CITY OF MUSKEGON
CITY COMMISSION MEETING
December 12, 2023 @ 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 PM, Tuesday, December 12,
2023. Pastor Jeremy Lenterz, First Wesleyan Church, opened the meeting with
prayer, after which the Commission and public recited the Pledge of Allegiance
to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Willie German, Jr., Commissioners, Eric
Hood, Teresa Emory, Rachel Gorman, Rebecca St.Clair, and Michael Ramsey.
City Manager Jonathan Seyferth, City Attorney John Schrier, City Clerk Ann
Marie Meisch, and Deputy City Clerk Kimberly Young
2023-125 HONORS, AWARDS, AND PRESENTATIONS
A. Resolution Honoring Muskegon High School Football's 2023 State
Championship Manager's Office
Mayor Johnson read a resolution recognizing the Muskegon Big Reds for winning
the Division II State Championship as well as celebrating their 900th win.
Motion by Ward I Commissioner Hood, second by At-Large Commissioner
Stclair, to adopt the resolution recognizing Muskegon High School's Big Reds
Football Team .
ROLL VOTE: Ayes: Mayor Johnson, Ward I Commissioner Hood, Ward III
Commissioner Ramsey, Ward IV Commissioner Emory, At-Large
Commissioner Gorman, At-Large Commissioner Stclair
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Nays: None
MOTION PASSED
B. Presentation of Resolutions to Outgoing Commissioners Manager's
Office
Mayor Johnson read and presented Resolutions of Recognition to Ward IV
Commissioner Teresa Emory, Ward III Commissioner Michael Ramsey, and Ward I
Commissioner Eric Hood. This is the last regular meeting for each of these
outgoing City Commissioners and their service to the City is being recognized.
Commissioners Emory, Ramsey, and Hood also provided remarks.
PUBLIC COMMENT ON AGENDA ITEMS
No public comments were received.
2023-126 CONSENT AGENDA
Motion by Commissioner Ramsey, second by Commissioner St.Clair, to accept
the Consent Agenda as presented, minus items B, F, and M - Item H is removed.
ROLL VOTE: Ayes: Gorman, Emory, St.Clair, Johnson, Hood, Ramsey, and
German
Nays: None
MOTION PASSES
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the November 28, 2023 City
Commission meeting.
STAFF RECOMMENDATION: To approve the minutes.
C. Special Event Policy DPW- Parks and Recreation
SUMMARY OF REQUEST: Staff is seeking approval for the proposed changes to
the Special Event Policy.
Included is the Special Event Policy with proposed changes. Changes made
from the discussion at the November 28 Commission Meeting include:
• First time events being held in Pere Marquette must be approved by the
City Commission. Therefore, these events must apply at least 75 days
before their event date.
• Picnic tables will no longer be rented and delivered by staff. A group of
tables will be available for events to pick up and return for free.
Neighborhood Associations can request picnic tables for their three free
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events per year. Events are encouraged to utilize private companies to
rent tables and chairs.
All previously discussed changes include:
• Applications need to be submitted at least 45 days in advance to allow
enough time for staff to review and approve event requests. Then staff
communicates to the event conditions that must be met for the event to
be held. Many of these conditions must be two weeks before the event
is held.
• Application fee changes to simplify the fee structure.
• Providing food vendor requirements in policy as suggested by the Fire
Marshal.
• Increasing the footprint of who is notified when a street is closed.
• Begin to offer cardboard trash bins for events to use and are available to
be delivered for free.
• Increase the fee for trash cans/bins to cover costs.
• No longer offer an hourly rate to have a liquor license in Hackley Park.
Only one event can occur in the park per day.
• Remove fee for using bike and walking paths. Using the bike path is
encouraged versus using a street.
• Change Pere Marquette Use fees to be year-round and based on area
zones instead of number of attendees. Basing the fees on attendees is
difficult to determine and can change year to year. Zone-based fees will
help events know their fees when applying and can encourage events to
move to a less populated area of the beach.
• Change Pere Marquette user fees to daily fees and have different fees for
weekends vs weekdays. Daily fees can encourage events to have a
faster setup and tear down period. Lower weekday fees can encourage
events to move to a weekday to save money and have fewer fees during
their setup period.
• Increase parking fees in lots around Pere Marquette. The impact of events
at the beach is significant for availability of parking. As many spaces as
possible should be left available to residents and visitors.
STAFF RECOMMENDATION: To approve changes to the Special Event Policy.
D. SEIU Union Contract Tentative Agreement Approval Manager's Office
SUMMARY OF REQUEST: Four-year contract for the SEIU (Clerical Union).
Management and the SEIU Clerical Union have reached tentative agreement
on changes to the contract. Once the Commission approves these tentative
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agreements, the full contract will be amended. The changes to the contract will
be implemented after signatures.
STAFF RECOMMENDATION: To approve the tentative agreements to changes to
the SEIU contract.
E. Water Filtration Plant VFD Purchase DPW- Water Filtration Plan
SUMMARY OF REQUEST: Staff is requesting authorization to purchase three Eaton
variable frequency drives (VFDs) to replace existing units at the Water Filtration
Plant.
The sludge processing system at the Water Filtration Plant has four pumps, each
with a variable frequency drive (VFD) controller manufactured by Eaton. These
VFDs were installed in 2004 and have reached the end of their expected life.
One of the four units failed last year and was replaced with a new unit from
Eaton; another is now showing signs of failing. Due to their age, staff
recommends replacing the three remaining units with Eaton VFDs. Other bids
were not solicited at this time because of the major advantages to staying with
Eaton.
Eaton has a track record of providing the Water Filtration Plant with VFDs at a
lower cost than other manufacturers. The Water Filtration Plant has completed
two projects in the last year which involved procuring VFDs. For the
replacement of the failed unit mentioned above, Eaton’s cost was $1,800-
$4,300 cheaper than others. Eaton was also the lowest-cost option for the two
VFDs purchased as part of the electrical upgrades at the Harvey Pump Station.
The existing VFDs are made by Eaton, so installation and startup costs will be
minimized by remaining with Eaton. Installation will be easier and less time-
consuming due to the similarity of the wiring for power and controls. The one
unit already replaced had a relatively straight forward installation, and it
integrated with our plant control system without any reprogramming. In
addition, by purchasing three units together, setup can be completed in a
single visit from the Eaton field technician, saving on startup costs.
Operations and maintenance will be more efficient if we keep all four units
identical due to staff not needing to learn how to operate and maintain
different units. Installing identical units also means fewer spare parts need to be
kept on hand, troubleshooting is easier, and downtime is minimized.
The existing Eaton VFDs at the Water Filtration Plant have shown exceptional
performance and reliability. Nearly all the Water Filtration Plant’s VFDs (over 20)
are made by Eaton. All of these units are approaching 20 years old, which is at
or beyond the expected lifetime of this equipment. Of the few problems
experienced with these units, most were able to be fixed by our maintenance
staff. This alone has saved thousands of dollars in service calls over the last 20
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years.
This purchase will be covered in the Water Filtration Plant’s equipment budget.
AMOUNT $29,451.00 AMOUNT
REQUESTED: BUDGETED:
FUND OR 591-558-977
ACCOUNT:
STAFF RECOMMENDATION: To authorize staff to purchase three VFD units from
Eaton at a cost of $29,451.00.
G. FY24 DWRF Program Engineering Services Public Works
SUMMARY OF REQUEST: Staff requests authorization to enter into two contracts
with Prein & Newhof for a total of $526,400 for engineering services related to
lead service line replacements and elevated tank coating work. The City is
again fortunate to have been offered loans, grants and principal forgiveness
through the FY24 Drinking Water Revolving Fund (DWRF) program through the
State of Michigan Department of Environment, Great Lakes & Energy (EGLE).
Specifically, the City has been offered a combination of grants and principal
forgiveness totaling 50% funding, with the remaining 50% eligible for a 20-year
loan at a 2% interest rate which is well below market.
Although the City's project plan included many projects and all were funded
under the DWRF program, staff recommends taking advantage of a lesser
amount of assistance due to the finances of the water fund and the fact that
the City was not selected for funding under the Clean Water State Revolving
Fund (CWSRF) program (the sanitary sewer equivalent). Lead service line
replacements must continue due to state-mandated replacement schedules,
and the coating of the Nims elevated tank is a necessary expense the water
fund could not afford in the near future without this loan program. The other
projects included in the program consisted of projects that included sewer work
which would not be eligible for assistance, and would also have added a
significant amount of debt to the system over the next 20 years. This is not to say
the projects are not valuable and needed, but it is an acknowledgment that
only absolutely necessary projects are responsible at this time.
The overall budget for the projects is $10,000,000 for lead service lines and
$878,000 for the Nims tank work. The debt service fee these projects would add
to the water bill is estimated at $3.35 per month for a residential account, and
would begin impacting customer's bills in FY26. Portions of the engineering work
required for these projects are included in the 23/24 budget, and should they
move forward the projects will continue to have allocations included in the
24/25 and 25/26 fiscal years.
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Prein & Newhof's proposals total $526,400. The staff has reviewed the proposals
from Prein and Newhof and feels they are the best suited firm to handle these
projects based on their experience and their intimate familiarity with our water
system, the DWRF program, and their history of exemplary performance on
similar projects over the past several years. A qualifications-based process was
used in 2019 that shortlisted Prein & Newhof along with two other firms to
provide engineering services for these projects for the next 5 years.
STAFF RECOMMENDATION: To authorize staff to enter into two contracts with
Prein & Newhof for a total of $526,400 for engineering services related to lead
service line replacements and elevated tank coating work.
H. Cost of Living Adjustment - Non-union employees Manager's Office
SUMMARY OF REQUEST: At the end of the calendar year management
recommends an adjustment to non-union wages. Union wage adjustments are
planned through their various contracts.
STAFF RECOMMENDATION: To approve the 4% wage increase for non-union
team members effective January 1, 2024.
I. 2024 Wage Matrix for Non-Union Part-Time and Limited Term Employees
Employee Relations
SUMMARY OF REQUEST: Wage Matrix for Non-Union Part-Time and Limited Term
Employees.
STAFF RECOMMENDATION: To approve the 2024 Wage Matrix for Non-Union and
Part-Time Limited Term Employees
J. Gaming Resolution for Hackley Community Care City Clerk
SUMMARY OF REQUEST: Hackley Community Care is seeking recognition as a
non-profit organization in the City of Muskegon for the purpose of obtaining a
Charitable Gaming License, allowing them to conduct fundraising activities to
benefit the underserved.
STAFF RECOMMENDATION: To approve the resolution recognizing Hackly
Community Care as a non-profit in the City of Muskegon.
K. Sale of 159 McLaughlin Avenue Manager's Office
SUMMARY OF REQUEST: Staff is seeking approval of the sale of 159 McLaughlin
Avenue. 159 McLaughlin Avenue was constructed through the agreement with
Dave Dusendang to construct infill housing with ARPA funding. The offer is for
$20,000 over asking price with 6% in seller concessions and $8,000 covering the
cost of appliances and central air. This results in a full price offer.
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STAFF RECOMMENDATION: To approve the purchase agreement for 159
McLaughlin Avenue
2023-127 REMOVED FROM CONSENT AGENDA
B. Muskegon Mute Swan Control Program Manager's Office
SUMMARY OF REQUEST: The City of Muskegon is being asked to support the
Muskegon Conservation District's plan to engage in a Mute Swan Management
and Control Program. The City of Muskegon is being asked to support the
Muskegon Conservation District's plan to engage in a Mute Swan Management
and Control Program. This program is done under DNR and USDA-Wildlife
Services oversight and is intended to control the Mute Swan population. Mute
Swans are a non-native/invasive species which negatively impacts local wildlife
and the local native swan population. This population management project is
support by the DNR, Muskegon Lake Watershead Partnership, Michigan
Audubon, WMEAC and others. The named organizations have letters of support
accompanying the resolution.
The Cities of Montague, North Muskegon, and Whitehall have all passed similar
resolutions of support for this program in 2023.
STAFF RECOMMENDATION: To support the Muskegon Conservation District's
Muskegon Mute Swan Control Program and adopt the attached resolution as
presented.
Motion by Commissioner Emory, second by Commissioner Ramsey, to support
the Muskegon Conservation District's Muskegon Mute Swan Control Program
and adopt the attached resolution as presented.
ROLL VOTE: Ayes: Johnson, Hood, Ramsey, Emory, Gorman, and St.Clair
Nays: None
MOTION PASSED
F. Bad Debt Finance
SUMMARY OF REQUEST: To write off old items from miscellaneous receivable
system that have already been sent to collection service in the previous year.
AMOUNT $37,810.00 AMOUNT
REQUESTED: BUDGETED:
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FUND OR ACCOUNT: 101, 203, 591, 643
STAFF RECOMMENDATION: To approve write off old items on the Miscellaneous
Receivable System that has already been sent to Collection Service in previous
years.
Motion by Commissioner Ramsey, second by Commissioner Emory, to approve
the write-off of old items on the Miscellaneous Receivable System that has
already been sent to Collection Service in previous years.
ROLL VOTE: Ayes: Johnson, Hood, Ramsey, Emory, Gorman, and St.Clair
Nays: None
MOTION PASSED
L. City Manager Contract Updates Manager's Office
SUMMARY OF REQUEST: Following the City Manager's positive review earlier this
year, he's requesting two updates to his contract.
Adding a new section 2.1 Annual Review: The Commission shall complete an
annual review of the manager no later than June 30 of each year. Failure to
complete the review shall result in an automatic 2% merit adjustment to the
manager's base salary to be effective July 1 of the same year.
Amending section 5 Severance Pay Upon Termination by City, subsection a)
severance pay in an amount equal to six months' severance pay with one
additional month of severance pay for every year of employment, not to
exceed twelve months of severance pay.
Under the current contract, the manager is entitled to seven months severance
if terminad by the City. The Manager is requesting this be moved to 9 months
with this action and then continuing with the addition of one additional month
for each year of service topping out at 12 months as in the contract.
STAFF RECOMMENDATION: To update the City Manager's contract as requested.
Motion by Commissioner Ramsey, second by Commissioner St.Clair, to update
the City Manager's contract as requested.
ROLL VOTE: Ayes: Johnson, Ramsey, Emory, Gorman, and St.Clair
Nays: None
MOTION PASSED
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PUBLIC COMMENT ON NON-AGENDA ITEMS
Public comments received.
ADJOURNMENT
Mayor Johnson provided closing remarks.
Motion by Commissioner Ramsey, second by Commissioner Emory, to adjourn
at 6:22 p.m.
MOTION PASSED
.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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CITY OF MUSKEGON
SPECIAL COMMISSION MEETING
December 19, 2023 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
CALL TO ORDER
Present: Mayor Ken Johnson, Vice Mayor Willie German, Jr., Commissioners, Eric
Hood, Rachel Gorman, Rebecca St.Clair, and Michael Ramsey. City Manager
Jonathan Seyferth, City Attorney John Schrier, and City Clerk Ann Marie Meisch
Absent: Commissioner Teresa Emory
Mayor Johnson called the December 19, 2023 Special Meeting to order at 5:30
p.m.
2023-128 NEW BUSINESS
A. Allocation of MEDC RAP 1.0 Grant Manager's Office
In 2022, the city was awarded a $6 million grant from the Michigan Economic
Development Corp (MEDC) as part of the Revitalization and Placemaking 1.0
(RAP) Grant Program. The funds were intended to support two local projects -
880 First St LLC ($3M) and the LakeView Lofts ($3M) developments, respectively.
Due to circumstances beyond the control of one of the local development
teams, it has become necessary to reallocate a portion of the RAP 1.0 funds as
outlined in the city's original grant application.
In June 2022, the City submitted an application to the MEDC for RAP 1.0 grant
funding for a total of $11M to be distributed between three projects. The original
grant application sought funds to support the following projects - Lakeview Lofts
II ($5M), 880 First Street ($5M), and Trinity Health Arena/Thayer Street ($1M). In
September 2022, the City was awarded $6M and directed to determine how
the funds should be allocated. Staff recommended, and the Commission
approved dividing the $6M between Lakeview Lofts II and 880 First Street.
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The City is the primary grant recipient and has reporting requirements that need
to be met. If those reporting requirement are not met, the City would lose the
whole grant.
Since the monies were divided between the two projects, the 880 First Street
project has encountered obstacles outside of everyone's control. The local
development team and others worked diligently to overcome these obstacles.
However, because of state reporting timeline requirements, we need to resolve
the allocation of the funds by Dec. 31, 2023.
City staff was notified on December 18, 2023 that these obstacles would not be
able to be overcome by the end of 2023. As a result, the City needs to
reallocate the $3M originally intended for 880 First Street to the other projects
from the original application.
If we kept the funds allocated to 880 First Street, and the City is unable to meet
its reporting requirements, the City would forfeit all $6 million of the RAP grant
because the state views this as one grant awarded to the City, not several small
grants.
As a result, staff is recommending reorienting an additional $2M to Lakeview
Lofts II for a total of $5M million and supporting the Arena/Thayer Street project
with the remaining $1M.
Staff worked diligently with the 880 First Street team to explore options that
would have had a more positive outcome with these grant funds. Unfortunately,
a viable path forward can not be found under the timelines issued by the State.
Staff have been in regular communication with the 880 First Street team and the
MEDC to ensure our local partners had as much time as possible to resolve
these issues. The City is appreciative of the efforts put forth by the 880 First Street
team and their willingness to partner with us during this time.
STAFF RECOMMENDATION: To reallocate the MEDC RAP 1.0 grant as follows:
$5M to Lakeview Lofts Phase 2; and $1M designed for a place making project at
Trinity Health Arena/Thayer Street and authorize the mayor and clerk to sign the
first amendment to the subrecipient agreement.
Motion by Commissioner Ramsey, second by Vice Mayor German, to
reallocate the MEDC RAP 1.0 grant as follows: $5M to Lakeview Lofts Phase 2;
and $1M designed for a place making project at Trinity Health Arena/Thayer
Street and authorize the mayor and clerk to sign the first amendment to the
subrecipient agreement.
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ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, German, and Gorman
Nays: None
MOTION PASSES
PUBLIC COMMENT ON NON-AGENDA ITEMS
No public comments were received.
ADJOURNMENT
Motion by Commissioner Ramsey, second by Commissioner Hood, to adjourn at
5:48 p.m.
ROLL VOTE: Ayes: Gorman, St.Clair, Johnson, Hood, Ramsey, and German
Nays: None
MOTION PASSES
Respectfully Submitted,
Ann Marie Meisch, MMC
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CITY OF MUSKEGON
ORGANIZATIONAL MEETING
January 3, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
Call to Order
The Organizational Meeting of the City of Muskegon City Commission was held
at City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 PM, Wednesday,
January 3, 2024.
Present: Mayor Ken Johnson, Commissioners Rebecca St.Clair, Rachel Gorman,
Jay Kilgo, Willie German, Jr., Destinee Keener, and Katrina Kochin. City Manager
Jonathan Seyferth, City Attorney John Schrier, City Clerk Ann Marie Meisch, and
Deputy City Clerk Kimberly Young.
Oath of Office Ceremony
Karen Buie, Muskegon County Clerk, issued the Oath of Office to each of the
Ward Commissioners, swearing them in for a term expiring December 31, 2027.
The Mayor provided welcoming comments.
2024-01 Election of Vice-Mayor
Motion by Commissioner Keener, second by Commissioner Kilgo, to appoint
Rebecca St.Clair as Vice Mayor.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, German, Gorman, and
Kochin
Nays: None
MOTION PASSES
2024-02 Setting Commissioner Meetings - 5:30 pm - 2nd and 4th Tuesdays each
month
Motion by Commissioner German, second by Vice Mayor St.Clair, to set the
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regular City Commission Meeting for 5:30 p.m. on the 2nd and 4th Tuesday of
each month.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, German, and
Gorman
Nays: None
MOTION PASSES
2024-03 Setting Worksession Meetings - 5:30 pm - Mondays preceding the 2nd
Tuesday each month
Motion by Vice Mayor St.Clair, second by Commissioner Keener, to set
Worksession Meetings for 5:30 p.m. on Mondays preceding the 2nd Tuesday
each month.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, Keener, and
German
Nays: None
MOTION PASSES
2024-04 Appointment of City Officials
o Appointment of City Manager - Jonathan Seyferth
o Appointment of City Clerk - Ann Marie Meisch
o Appointment of City Treasurer - Sarah Wilson
o Appointment of City Auditor - Kenneth Grant
o Appointment of City Assessor and Deputy Assessor - County Equalization
Director Donna VanderVries and Deputy Director, Dan VanderKooi
Motion by Commissioner German, second by Commissioner Keener, to Appoint
Jonathan Seyferth as City Manager, Ann Marie Meisch as City Clerk, Sarah
Wilson as City Treasurer, Kenneth Grant as City Auditor, County Equalization
Director Donna VanderVries as City Assessor and County Equalization Deputy
Director Dan VanderKooi as Deputy Assessor.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, Kilgo, and
Keener
Nays: None
MOTION PASSES
2024-05 Designation of City Fund Depositories
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Motion by Vice Mayor St.Clair, second by Commissioner German, to designate
Fifth Third Bank (Main Depository), Huntington Bank, and Michigan Class as city
depositories.
ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, Johnson and
Kilgo
Nays: None
MOTION PASSES
2024-06 Designation of Firm to Act as Legal Counsel - Parmenter Law
Motion by Commissioner Keener, second by Commissioner Kochin, to
designate Parmenter Law to act as Legal Counsel.
ROLL VOTE: Ayes: Kilgo, Keener, German, Gorman, Kochin, St.Clair, and
Johnson
Nays: None
MOTION PASSES
2024-07 New Business
A. CRC Appointment Recommendations Meeting Manager's Office
Create a Special CRC Meeting on Jan 22, 2024 for Board Appointments
STAFF RECOMMENDATION: Set a Special CRC meeting on Monday, Jan. 22,
2024, for board appointments.
Motion by Commissioner Keener, second by Commissioner German, to set a
Special CRC meeting on Monday, January 22, 2024 at 5:30, for board
appointments.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Gorman, Kochin, and
St.Clair
Nays: None
MOTION PASSES
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Mayor Committee Appointments
o Mayor Johnson made the following appointments to various boards and
committees listed below:
o Farmers Market Advisory Board - Vice Mayor Rebecca St.Clair
o Historic District Commission - Commissioner Katrina Kochin
o Equal Opportunity Committee - Commissioner Willie German, Jr. and
Commissioner Destinee Keener
o Zoning Board of Appeals - Commissioner Willie German, Jr.
o Downtown Arts Committee - Commissioner Rachel Gorman
o West Michigan Shoreline Regional Development Commission -
Commissioner Rachel Gorman
o Land Bank Authority - Commissioner Jay Kilgo
o Housing Code Board of Appeals - Commissioner Jay Kilgo
o Citizen's District Council - Commissioner Katrina Kochin
o Housing Commission - Vice Mayor Rebecca St.Clair
o Planning Commission - Commissioner Destinee Keener
o Community Relations Committee Chair - Vice Mayor Rebecca St.Clair
Create a Committee to Review the Process of the City Manager's Annual Review
Mayor Johnson appointed Vice Mayor Rebecca St.Clair, Commissioner Rachel
Gorman, and Commissioner Willie German, Jr. as a Committee to Review the
Process of the City Manager's Annual Review.
Any Other Business
Commissioner Keener appreciates the opportunity to serve and encourages
constituents to reach out with concerns.
Commissioner German congratulated newly elected commissioners and
encouraged the new commissioners to stay the course when things become
difficult.
Commissioner Kochin thanked constituents for being elected and wants all to
know she is available to hear concerns.
Commissioner Kilgo also encouraged constituents to reach out with concerns
and will be focusing on educating the community in any way he can,
encouraging transparency, and growing all parts of Muskegon.
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Public Comment
Public comments received.
Respectfully Submitted,
Ann Marie Meisch, MMC
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 9, 2024 Title: Sanitary Sewer Easement - 381 E Laketon
Submitted by: Joel Brookens, Engineer Department: DPW- Engineering
Brief Summary:
Staff is requesting approval of an easement between the owners of 381 E Laketon (Midwest
V, LLC) and the City of Muskegon.
Detailed Summary & Background:
The City's sanitary sewer main runs east to west along the south edge of 381 E Laketon.
Originally, it was within an alley. The alley was vacated years ago. Recent development of
the property, re-building of the Dollar General, has prompted cleaning up legal rights to
maintain the sewer.
Easement documents have been prepared and signed by owners. Documents have been
reviewed and accepted by John Schrier.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Sustainability in financial practices and infrastructure
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Move approval of the easement as presented and authorize the Mayor to sign the easement with
Midwest V, LLC.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information Technology
Other Division Heads
Communication
Legal Review X
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 9, 2024 Title: Storm Water Maintenance Agreements
Submitted by: Joel Brookens, Engineer Department: DPW- Engineering
Brief Summary:
Staff seeks authority to sign Storm Water Maintenance Agreements when submitted in
accordance with the City's Storm Water Ordinance.
Detailed Summary & Background:
Per the City’s Storm Water Ordinance, developments are required to submit post
construction documents, one of which is a Storm Water Maintenance Agreement. The
agreement requires the property owner to maintain the private storm water system and
allows the City to enforce maintenance if the property owner fails to do so. The agreement
is needed because the private system leads to the public system, and a failure to maintain
the private system could negatively impact the public system or the waters that the systems
eventually drain to. The agreement is required to be recorded at the County Register of
Deeds office and runs with the property. The general format of these agreements has been
reviewed and is acceptable to the attorney's office, and these agreements are required by
the State of Michigan under the City's MS4 stormwater permit.
Due to the number of agreements required each year (approximately one per month), the
fact that each agreement follows the same approved format, that the agreements are
only required on properties that follow the Site Plan Approval process (including the public
notifications and Commission action that may be required under that process), and that
the agreements are required both by City ordinance and the City's state-required storm
water permit, staff requests permission to enter into these agreements. An example
agreement is included for reference.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Foster strong ties among government and community agencies
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Move approval for the DPW Director, City Engineer, or Assistant City Engineer to sign Storm Water
Maintenance Agreements when submitted in accordance with the City's Storm Water Ordinance.
This approval shall remain in place until the SWM Agreement is updated/changed.
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Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information Technology
Other Division Heads
Communication
Legal Review X
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 9, 2024 Title: Rezoning of 1993 Austin St
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Request to rezone the property at 1993 Austin St from B-4, General Business to R-2, Single-
Family Medium Density Residential, by Derek Masterman.
Detailed Summary & Background:
The Planning Commission unanimously recommended approval of the rezoning at their
December 14 meeting.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Goal/Action Item:
Action Item 2022 – 2.3 Increase variety of housing types
Amount Requested: Budgeted Item:
N/A Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No x N/A
Recommended Motion:
To approve the request to rezone the property at 1993 Austin St from B-4, General Business to R-2,
Single-Family Medium Density Residential.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information Technology
Other Division Heads x
Communication
Legal Review
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PLANNING COMMISSION PACKET EXCERPT
December 14, 2023
Hearing, Case 2023-33: Request to rezone the property at 1993 Austin St from B-4, General Business to
R-2, Single-Family Medium Density Residential, by Derek Masterman.
SUMMARY
1. The property is zoned B-4, General Business. However, there is an occupied residential house on
the lot, which makes the building and use legally non-conforming. The parcel measures 15,360 sf
(formerly three parcels) and the house measures 1,000 sf.
2. The property is located along Keating Ave between the Medindorp Industrial Center and a business
corridor along Getty St.
3. The application has requested to rezone the property because he would like it to have the proper
zoning for the use and he also mentioned that he wanted accurate comparables for assessments.
4. Notice was sent to everyone within 300 feet of the property. At the time of this writing, staff did
not receive and comments.
1993 Austin St
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Zoning Map
Aerial Map
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STAFF RECOMMENDATION
Staff recommends approval of the rezoning request. The future land use map from the master plan depicts
this parcel as residential. Past efforts to allow for more intense uses in this area never materialized and
there does not appear to be any demand for commercial/industrial uses here. The parcel is actually three
former residential lots combined together. Rezoning the lot to R-2 would allow it to be split into three
residential lots if the owner chose to, which could assist in addressing the current housing crisis.
Future Land Use Map
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CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for 1993 Austin St from
B-4 to R-2
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
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The zoning map of the City of Muskegon is hereby amended to change the zoning for 1993 Austin St from B-4
to R-2.
CITY OF MUSKEGON CONTINENTAL ADD LOT 16
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
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CERTIFICATE (Rezoning 1993 Austin St from B-4 to R-2)
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 9th day of January, 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: ___________________, 2024 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
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CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on January 9, 2024, the City Commission of the City of Muskegon adopted an ordinance
amending the zoning map to provide for the change of zoning for 1993 Austin St from B-4 to R-2:
CITY OF MUSKEGON CONTINENTAL ADD LOT 16
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 ____________________, 2024
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 9, 2024 Title: Sale of 720 Leonard Avenue - REMOVED
PER STAFF REQUEST
Submitted by: LeighAnn Mikesell, Deputy City Department: Manager's Office
Manager
Brief Summary:
Staff is seeking approval of the sale of 720 Leonard Avenue.
Detailed Summary & Background:
720 Leonard Avenue was constructed through the agreement with Rudy Briggs to construct infill
housing with ARPA funding. The offer is for full asking price.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Action Item 2022 – 2.3 Increase variety of housing types
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 purchase agreement for 720 Leonard Avenue.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information Technology
Other Division Heads
Communication
Legal Review
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 9, 2024 Title: Sale of 159 McLaughlin Ave.
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff is requesting approval of a purchase agreement for 159 McLaughlin for $179,000
Detailed Summary & Background:
159 McLaughlin was constructed through the agreement with Dave Dusendang to construct
infill housing with ARPA funding. The offer is over the full listing price with the seller to
contribute 6% of purchase price towards buyers closing costs, pre paids and discount points.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Create an environment that effectively attracts new residents and retains existing residents
by filling existing employment gaps, attracting new and diverse businesses to the city, and
expanding access to a variety of high-quality housing options in Muskegon. Key Focus Area:
Diverse Housing Types.
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
Approve the purchase agreement for 159 McLaughlin.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information Technology
Other Division Heads x
Communication
Legal Review x
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WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
#
DATE: 12/04/2023 , 6:25pm (time) MLS # 23140881
SELLING OFFICE: Coldwell Banker Woodland Schmidt ART BROKER LIC.#: 6505346469 REALTOR® PHONE: 616-294-2354
LISTING OFFICE: West Urban Realty REALTOR® PHONE: 616-366-2459
1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any
counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days"
in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference
to "time" refers to local time.
2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding
Real Estate Agency Relationships. The selling licensee is acting as (choose one):
Agent/Subagent of Seller Buyer’s Agent Dual Agent (with written, informed consent of both Buyer and Seller)
Transaction Coordinator
Primary Selling Agent Name: Lisa Wiersma Email: [email protected] Lic.#: 6506047678
Alternate Selling Agent Name: Email: Lic.#:
3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
Buyer has received the Seller’s Disclosure Statement, dated .
Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
registered mail. Exceptions:
Seller is exempt from the requirements of the Seller Disclosure Act.
4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached
and will be an integral part of this Agreement.
5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon ,
County of Muskegon , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
159 Mclaughlin Avenue, Muskegon, MI 49442
with the following legal description and tax parcel ID numbers:
City of Muskegon revised plat 1903 west 74' lot 1, blk 266
PP# 61-24-205-266-0001-00 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) N/A division(s) under Section 108(2), (3), and
(4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays
with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the
number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale
will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or
before , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ 179,000
one hundred seventy-nine thousand U.S. Dollars
7. Seller Concessions, if any: Seller to contribute 6% of purchase price towards buyers closing costs, pre paids and discount points
8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.)
SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below
are currently available to Buyer in cash or an equally liquid equivalent.
If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within
three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall
receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price.
CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent
verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or
Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement
at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be
arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement.
NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to
obtain a VA type 30 (year) mortgage in the amount of 100 % of the Purchase Price
bearing interest at a rate not to exceed best % per annum (rate at time of loan application), on or before the date the sale is
to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
process the application, within 5 days after the Effective Date, not to impair Buyers’ credit after the date such loan if
offered. Seller Buyer will agree to pay an amount not to exceed $ 0.00 representing repairs required as a
condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
©Copyright, West Michigan REALTOR® Associations
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Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
Exceptions:
SELLER FINANCING (choose one of the following): CONTRACT or PURCHASE MONEY MORTGAGE
In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
within 48 hours. Seller is advised to seek professional advice regarding the credit report.
$ upon execution and delivery of a
form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
will be payable in monthly installments of $ or more including interest at % per annum,
interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and
paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:
EQUITY (choose one of the following): Formal Assumption or Informal Assumption
Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest
in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above
provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer
agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
(10) days after the Effective Date of this Agreement. Exceptions:
OTHER:
9. Contingencies: Buyer’s obligation to consummate this transaction (choose one):
IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:
A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
Money Deposit.
IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
of a sale or exchange of Buyer’s property located at
on or before . Seller will have the right to continue to
market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:
10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:
Appliance and Central Air Packages
but does not include:
1271 Spring Street, Muskegon, MI 49442 12/04/2023 6:25pm
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
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11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
Home is connected to natural gas
12. Assessments (choose one):
If the Property is subject to any assessments,
Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
of any installment arrangements), except for any fees that are required to connect to public utilities.
Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
and pay all other installments of such assessments.
Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited
to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been
previously disclosed in writing to Buyer.
13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all taxes
billed after those addressed below.
Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
property is transferred.
No proration. (Choose one):
Buyer Seller will pay taxes billed summer (year);
Buyer Seller will pay taxes billed winter (year);
Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
and prorated to the date of closing with Seller paying for January 1 through the day before closing.
Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears.
Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:
14. Well/Septic: Within ten (10) days after the Effective Date, (choose one) Seller or Buyer will arrange for, at their own expense,
an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and
septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or
other local governmental authority, if applicable) protocol.
If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may,
within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a
refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails
to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-is.
Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable
resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of
termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract,
Buyer will proceed to closing according to the terms and conditions of this Agreement.
Other: Home is connected to public water and sewer
15. Inspections & Investigations:
Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be
Buyer’s responsibility and expense.
Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances
and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the
Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone.
All inspections and investigations will be completed within ____ days after the Effective Date. If the results of Buyer’s inspections and
investigations are not acceptable to Buyer, Buyer may, within the above referenced period, either (a) terminate this Agreement by
written notice to Seller and receive a refund of Buyer’s Earnest Money Deposit, or (b) make a written proposal to Seller to correct those
unsatisfactory conditions, which proposal must be in the form of a proposed addendum and must be signed by Buyer in order for it to
be effective. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have
1271 Spring Street, Muskegon, MI 49442 12/04/2023 6:25pm
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 JH
12/04/23
6:37 PM EST
Buyer’s Initials
LM Seller’s Initials
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9:54 AM EST
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accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this
Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of
Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a refund of
any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed
to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement.
Buyer has waived all rights under this Inspections & Investigations paragraph.
Exceptions:
16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector
ordinances, if applicable.
17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and
other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage
ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at
Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status
report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is
not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided.
If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller,
either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s
proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days
after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and
shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day
period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions
of this Agreement. Exceptions:
18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property
and the location of improvements thereon.
Buyer or Seller (choose one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron
corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of
the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which
would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may,
within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money
Deposit.
No survey. Buyer has waived all rights under this paragraph.
When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements
thereon. Exceptions:
19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide
additional protection and benefit to the parties. Exceptions:
20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien
assumed by Buyer; will all be adjusted to the date of closing. For the purposes of calculating prorations, it is presumed that Seller
owns the Property through the day before closing.
21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than
01/05/2024 . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of
title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During
this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been
prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller
will pay the entire closing fee. Exceptions:
22. Pre-Closing Walk-Through: Buyer (choose one) reserves waives the right to conduct a final walk-through of the
Property within three (3) days of the scheduled closing date. The purpose of the walk-through is to determine that the Property is in
a substantially similar condition as of the Effective Date, any contractually agreed upon items have been fulfilled, and that any included
personal property is still located at the Property. Buyer shall immediately report to Seller any objections to these conditions and Buyer’s
requested corrective action.
23. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be
delivered to Buyer, subject to rights of present tenants, if any.
At the completion of the closing of the sale.
At a.m. p.m. on the day after completion of the closing of the sale, during which time Seller
1271 Spring Street, Muskegon, MI 49442 12/04/2023 6:25pm
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023
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12/04/23
6:37 PM EST
Buyer’s Initials LM Seller’s Initials
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9:54 AM EST
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will have the privilege to occupy the Property and hereby agrees to pay Buyer $ as an occupancy
fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds.
If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as
liquidated damages $ per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller
from the Property.
If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and
mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any
portion of the Property will be Seller’s responsibility and expense.
On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all
personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on
all utilities, and shall deliver all keys to Buyer. Exceptions:
24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 12:00pm (time) on
12/05/2023 (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by
Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $ 1000.00
shall be submitted to Coldwell Banker Woodland Schmidt (insert name of broker, title
company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest
Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this
Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller
waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other
than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement
and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding
the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If
Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed
to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be
negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller.
In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as
determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation,
and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action
instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement
conflict with this paragraph, then the terms and conditions of the escrow agreement shall control.
25. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional
advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the
legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to
Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the
sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement
made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale
transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement
separately signed by Seller.
26. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect
to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing
Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business.
27. Other Provisions:
28. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no
oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed
by Buyer and Seller and attached to this Agreement.
29. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any
amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence
of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal
equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s)
required or permitted under this Agreement may also be transmitted by facsimile or other electronic means.
30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
1271 Spring Street, Muskegon, MI 49442 12/04/2023 6:25pm
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023
JH
12/04/23
6:37 PM EST
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LM Seller’s Initials
12/05/23
9:54 AM EST
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communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
to steal funds or use your identity.
31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
Buyer 1 Address X Johnathon Hidrogo Buyer
dotloop verified
12/04/23 6:37 PM EST
FJAR-L8VT-QGT6-FSX1
Buyer 1 Phone: (Res.) (Bus.) Johnathon Hidrogo
Print name as you want it to appear on documents.
Buyer 2 Address X Buyer
Buyer 2 Phone: (Res.) (Bus.)
Print name as you want it to appear on documents.
32. Seller’s Response: The above offer is approved: As written. As written except:
Appliance package of $4000
Central Air $4000
Counteroffer, if any, expires December 5,2023 , at 5pm (time). Seller has the right to withdraw this
counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance.
33. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as
disclosed in the Seller’s Disclosure Statement dated (choose one): Yes No.
Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement prior to closing.
34. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not
relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by
the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form
is available from the respective agents via the West Michigan REALTOR® Boards.
35. Listing Office Address: 3265 Walker Ave NW, Suite D, Grand Rapids, MI Listing Broker License # 6506015435
49544
Listing Agent Name: Mariana MURILLO VANDAM Listing Agent License #
36. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s
response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required
below.
LeighAnn Mikesell
dotloop verified
X (Seller’s Signature, Date, Time):
12/05/23 9:54 AM EST
VRIY-U0X4-6FKF-SXN3
Is Seller a U.S. Citizen or Resident Alien? Yes No*
Print name as you want it to appear on documents.
X (Seller’s Signature, Date, Time):
LeighAnn Mikesell Is Seller a U.S. Citizen or Resident Alien? Yes No*
Print name as you want it to appear on documents.
Seller’s Address: Seller’s Phone (Res.) (Bus)
* If Seller(s) is not a U.S. Citizen or Resident Alien, there may be tax implications and Buyer and Seller are advised to seek professional advice.
37. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response
constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged.
Johnathon Hidrogo
dotloop verified
X (Buyer’s Signature, Date, Time):
12/05/23 11:51 AM EST
2WFQ-Q8RM-UDWU-UBVR
X (Buyer’s Signature, Date, Time):
38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer.
LeighAnn Mikesell
dotloop verified
X (Seller’s Signature, Date, Time): 12/05/23 9:54 AM EST
IHTA-FDXI-SYCO-JWIR
X (Seller’s Signature, Date, Time):
1271 Spring Street, Muskegon, MI 49442 12/04/2023 6:25pm
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 JH
12/04/23
Buyer’s Initials LM Seller’s Initials
6:37 PM EST
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9:54 AM EST
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QUIT CLAIM DEED
KNOW ALL PERSONS BY THESE PRESENTS that the City of Muskegon, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, Michigan 49440 (Grantor")
Quit Claim(s) to Johnathon Hidrogo whose address is 791 Lillian Street, Holland, MI 49424 ("Grantee")
the following described parcel of land in the City of Muskegon, County of Muskegon and State of Michigan:
The West 74 feet of Lot 1, Block 266, Revised Plat (of 1903) of the City of Muskegon,
Muskegon County, Michigan, as recorded in Liber 3 of Plats, Page 71..
Parcel Identification No. 61-24-205-266-0001-00
Commonly known as: 159 McLaughlin Ave, Muskegon, MI 49442
For the full consideration of $179,000.00
State Exempt by MCL 207.526 Section (6(h(i)))
County Exempt by MCL 207.505 Section (5(h(i)))
Dated this ____________________________
Signed and Sealed:
City of Muskegon, a Municipal corporation
________________________
By Ken Johnson, Its Mayor
________________________
By Ann Marie Meisch, Its Clerk
Page 57 of 124
STATE OF MICHIGAN )
)ss
COUNTY OF Muskegon )
The foregoing instrument was acknowledged before me on _________________, by Ken Johnson, its
Mayor and Ann Marie Meisch, Its Clerk of the City of Muskegon, a Municipal corporation
Notary Signature:______________________________
Notary Name Printed:
Notary Public County, Michigan
Acting in County
My term expires:
Instrument Drafted By: Return to:
West Urban Realty Johnathon Hidrogo
3265 Walker Ave. NW, Suite D 791 Lillian Street
Grand Rapids, MI 49544 Holland, MI 49424
Page 58 of 124
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 9th, 2024 Title: DDA Liquor License – Muskegon
Brewing Company, 1204 W Western Ave
Submitted By: Department: Planning
Brief Summary: Muskegon Brewing Company is requesting a Downtown Development Authority
On-Premise Liquor License for the building at 1204 W Western Ave. The Liquor Control
Commission allows for additional liquor licenses within Downtown Development Authority Districts
under certain conditions.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: To approve the request for a Downtown Development Authority On-
Premise Liquor License for the building at 1204 W Western Ave.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
Page 59 of 124
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. _________
A resolution concerning the issuance of a Downtown Development Authority District On-Premises
Liquor License pursuant to 436.1521a(1)(b) of the Michigan Compiled Laws.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
1. Muskegon Brewing Company has applied for a Class C Downtown Development Authority
District On-Premises Liquor License for the premises at 1204 W Western Ave, Muskegon, MI
49440, which is located within an area established by the City Commission as a redevelopment
project area pursuant to 436.1521a(1)(b) of the Michigan Compiled Laws.
2. It is required that the City Commission approve a specific applicant, at a specific location “ABOVE
ALL OTHERS”.
3. This resolution was approved at the regular meeting of the City Commission on January 9th, 2024.
City Commission Findings
The City Commission is satisfied that:
1. That the applicant has sufficiently demonstrated a commitment for a capital investment of not less
than $75,000 for the build-out and improvements of the building that will house the licensed
premises, which amounts shall be expended before the issuance of the license.
2. That the licensed business shall be engaged in dining, entertainment or recreation, that is open to
the general public, with a seating capacity of not less than 50 persons.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
The City Commission deems it to be in the best interest of the City of Muskegon to approve the
application of Muskegon Brewing Company, for a Class C license under the Downtown
Development Authority District On-Premises Liquor License for the premises at 1204 W Western
Ave, Muskegon, MI 49440, pursuant to 436.1521a(1)(b) of the Michigan Compiled Laws, and
recommends to the Michigan Liquor Control Commission the issuance of said requested license
“ABOVE ALL OTHERS”.
Adopted this 9th day of January, 2024.
AYES: ______________________________________________________
NAYES: ______________________________________________________
ABSENT: ______________________________________________________
By: ________________________
Page 60 of 124
Ken Johnson
City Mayor
By: ________________________
Ann Meisch, MMC
City Clerk
Page 61 of 124
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Page 62 of 124
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 9, 2024 Title: Amendment to the zoning ordinance -
residential units in previously existing commercial
buildings
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff initiated request to amend Section 401 of the zoning ordinance to allow multi-family residential
units in previously existing commercial buildings not already converted to residential in single-family
zoning districts, as a special use permitted.
Detailed Summary & Background:
The Planning Commission unanimously recommended approval of the request at their December
meeting.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Goal/Action Item:
Action Item 2022 – 2.3 Increase variety of housing types
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
To approve the request to amend Section 401 of the zoning ordinance to allow multi-family
residential units in previously existing commercial buildings not already converted to residential in
single-family residential districts, as a special use permitted.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information Technology
Other Division Heads
Communication
Legal Review
Page 63 of 124
Planning Commission Packet Excerpt
Hearing, Case 2023-34: Staff initiated request to amend Section 401 of the zoning ordinance to allow multi-
family residential units in previously existing commercial buildings not already converted to residential, as a
special use permitted.
SUMMARY
1. Many neighborhoods, especially those in close proximity to downtown, have small commercial
buildings located within residential blocks. These may be retail buildings or small mixed-use buildings,
but are often times zoned for single-family residential. There is a clause in the zoning ordinance that
allows certain business uses in these buildings with the issuance of a special use permit.
2. Most of these buildings were constructed when commercial businesses were more popular within
neighborhoods. Residents still request for a return of these commercial businesses, but the
establishment of large business corridors and internet commerce make it difficult to find success at
these locations. The current housing crisis also suggests that there may better uses for these existing
assets. In the recent past, the Planning Commission has allowed for additional residential units at these
buildings with the issuance of a special use permit. This ordinance amendment request would codify
standards to approve such requests.
3. Ultimately, staff encourages these types of buildings zoned Form Based Code, which would allow
flexibility for multi-family housing and small commercial businesses as a use by right. However, if
these neighborhoods are going to continue to be zoned for single family housing, we must amend the
zoning ordinance to allow for flexibility of uses at these types of buildings.
Former commercial buildings on Beidler St in the Nims Neighborhood.
Page 64 of 124
Zoning Ordinance Excerpt
Special Uses Permitted in Single-Family Residential Districts:
Proposed Amendment
Addition of 6.b.1-3
6.b Multi-family housing with the following conditions:
1) Minimum unit sizes must be met.
2) No more than six residential units total (in addition to a single commercial unit).
3) There must be at least one parking space per unit on site. This requirement may be waived with the
establishment of a shared parking agreement within 1,000 feet of the property or if the applicant can
demonstrate an over capacity of street parking within 1,000 feet of the property.
Page 65 of 124
Special Use Permit Requirements
In addition to any extra standards required for a special use permit, they all must meet the following
standards listed below:
Page 66 of 124
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 401 of the zoning ordinance to allow multi-family residential units in
previously existing commercial buildings not already converted to residential, as a special use permitted.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 401 of the zoning ordinance is amended as proposed to modify the regulations on previously existing
commercial buildings.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 67 of 124
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 9th day of January 2024, 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: ___________________, 2023. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 68 of 124
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on January 9, 2023, the City Commission of the City of Muskegon adopted an
ordinance to amend the form based code section of the ordinance regarding signage.
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 ____________________, 2024. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 69 of 124
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 9, 2024 Title: Placement of Public Benches
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
Tony Asmus recently purchased the agreement for the placement of the public
benches from Howell Sign Co. LLC. Staff has been working with the new owner and is
recommending approval of the new agreement.
Detailed Summary & Background:
The agreement would be for five years, and the cost would be $6 per month per bench.
Currently, there are 40 benches. Staff could work with the owner on the location and
the number of benches allowed.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Action Item 2022 – 4.2 Take advantage of external revenue sources
Amount Requested: Budgeted Item:
Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
Staff recommends to approve the request.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information Technology
Other Division Heads x
Communication
Legal Review
Page 70 of 124
Page 71 of 124
Page 72 of 124
Page 73 of 124
Page 74 of 124
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 9, 2024 Title: Filter Plant Tower Lease Changes
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
Staff requests authorization to enter into a lease with “Muskegon Cellular Partnership By: Cellco
Partnership d/b/a Verizon Wireless” to grant Verizon space on the City’s cellular tower at the water
filtration plant.
Detailed Summary & Background:
In early 2021 Commission authorized the construction of a cellular communications tower at the
water filtration plant in the hope of spurring cellular companies to provide better service in the
extreme western part of the City, including the beach. Since that time, staff has been working with
Maralat Communications to entice a cellular provider to locate on the tower. In late September of
last year, the Commission approved a lease agreement for the antenna. Since then, Verizon has
proposed new lease terms. The changes include:
• A reduction in monthly rent from $3,500 to $2,750.
• An extension of the first term from 5 years to 10 years, which brings the total term, including
extensions, to 30 years from 25 years.
• The addition of a penalty if Verizon cancels during the first 10-year term, the penalty being
one year's full rent.
• The other terms, including the 2% annual escalator, remain unchanged.
While the net income to the water fund is slightly reduced ($1,345,273 previously, now $1,338,747 for
a reduction of $6,526), the total term of the agreement is extended and the income from the first
10-year term is more secure. The need for service in this part of the community is still high, so staff
recommends approval of the revised agreement.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Sustainability in financial practices and infrastructure
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Page 75 of 124
I move approval of the presented lease with Muskegon Cellular Partnership by: Cellco Partnership
d/b/a Verizon Wireless, and authorize the Mayor to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information Technology
Other Division Heads
Communication
Legal Review X
Page 76 of 124
Lessee Site: 744 Muskegon State Park
Lessee Site ID: 309967 / 5000049627
Draft Date: 1/3/2024
TOWER LEASE AGREEMENT
This Tower Lease Agreement (the "Agreement") is made this day of , 20__,
between City of Muskegon, with its principal offices located at 933 Terrace Street, Muskegon, Michigan
49440 (“LESSOR”) and Muskegon Cellular Partnership By: Cellco Partnership d/b/a Verizon Wireless, its
Managing Partner with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New
Jersey 07920 (telephone number 866-862-4404) (“LESSEE”). LESSOR and LESSEE are at times collectively
referred to hereinafter as the "Parties" or individually as the "Party."
WITNESSETH
In consideration of the mutual covenants contained herein and intending to be legally bound
hereby, the Parties hereto agree as follows:
1. GRANT. LESSOR hereby leases LESSEE space in and/or upon that certain tower structure
owned, leased or controlled by LESSOR (“Tower”) together with a portion of a parcel of land sufficient for
the installation of LESSEE's equipment building (the “Land Space”) to install, maintain, upgrade, replace
and operate communications equipment (“Use”) at the property located at 1900 Beach Street, Muskegon,
Michigan 49441 (“Property”) which is more particularly described in Exhibit “A” attached hereto and
incorporated hereby. The portions of the Tower occupied by LESSEE is hereinafter referred to as the
Tower Space, which shall consist of all of the area on the Tower between the top and bottom of the
centerline of LESSEE’s equipment on the Tower. (For example, if LESSEE’s equipment occupies ten (10)
feet space on the Tower, with an equipment centerline of One Hundred Ninety (190) feet, LESSEE would
be entitled to occupy any space on the Tower between the elevations of One Hundred Eighty Four (184)
and One Hundred Ninety Five (195) feet above ground level.) The Tower Space and Land Space are
collectively hereinafter referred to as the “Premises”. Notwithstanding anything to the contrary, the
Premises shall also include such additional space necessary for the installation, operation and
maintenance of wires, cables, conduits and pipes running between and among the various portions of the
Premises and to all necessary electrical, telephone, fiber and other similar support services located within
the Property or the nearest public right of way. All new installations of equipment and services by LESSEE
at the Premises shall require prior notice and approval by LESSOR and LESSOR’s inspections department
which approvals shall not be unreasonably withheld or delayed. In the event it is necessary, LESSOR
agrees to grant LESSEE the right to install such services on, through, over and/or under the Property,
provided the location of such services shall be approved by LESSOR. The Premises are shown in detail on
Exhibit “B” attached hereto and made a part hereof.
2. INITIAL TERM. This Agreement shall be effective as of the date of execution by both
Parties (“Effective Date”). The initial term of the Agreement shall be for 10 years beginning on the first
day of the month after LESSEE begins installation of LESSEE’s communications equipment (the
“Commencement Date”), which Commencement Date shall in no event be later than the date that is 90
days following the full execution of this Agreement. The Commencement Date will be acknowledged by
the Parties in writing, including electronic mail.
3. EXTENSIONS. So long as Lessee is not in default and all rents are current, this Agreement
shall automatically be extended for 4 additional 5-year terms unless LESSEE terminates it at the end of the
then current term by giving LESSOR written notice of the intent to terminate at least 3 months prior to
1
Page 77 of 124
Lessee Site: 744 Muskegon State Park
Lessee Site ID: 309967 / 5000049627
Draft Date: 1/3/2024
the end of the then current term. If Lessee terminates the Agreement at any time during the first ten (10)
year term, a one-time payment equal to one year’s rent at the then current rental rate is due to Lessor,
payable within 90 days of the termination notice. The initial term and all extensions shall be collectively
referred to herein as the “Term”.
4. RENTAL.
a. Rental payments shall begin on the Commencement Date and be due at a total
annual rental of Thirty Three Thousand Dollars ($33,000), to be paid in equal monthly installments on the
first day of the month, in advance, to LESSOR at 933 Terrace Street, Muskegon, Michigan 49440 or to such
other person, firm, or place as LESSOR may, from time to time, designate in writing at least 30 days in
advance of any rental payment date by notice given in accordance with Paragraph 21 below. Rental
payments shall increase by two percent (2%) per year during the first ten-year term and all extensions of
this Agreement, which initial increase shall begin on the first anniversary of the Commencement Date.
LESSOR and LESSEE acknowledge and agree that the initial rental payment shall not be delivered by LESSEE
until 45 days after the Commencement Date. Upon agreement of the Parties, LESSEE may pay rent by
electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information
for such purpose upon request of Lessee.
b. For any party to whom rental payments are to be made, LESSOR or any successor in
interest of LESSOR hereby agrees to provide to LESSEE (i) a completed, current version of Internal Revenue
Service Form W-9, or equivalent; (ii) complete and fully executed state and local withholding forms if
required; (iii) LESSEE’s payment direction form, and (iv) other documentation to verify LESSOR’s or such
other party’s right to receive rental as is reasonably requested by LESSEE. Rental shall accrue in
accordance with this Agreement, but LESSEE shall have no obligation to deliver rental payments until the
requested documentation has been received by LESSEE. Upon receipt of the requested documentation,
LESSEE shall deliver the accrued rental payments as directed by LESSOR.
5. ACCESS; EXISTING WATER MAINS. LESSEE shall have the non-exclusive revocable license
for ingress and egress from a public right-of-way, 7 days a week, 24 hours a day (and agrees to provide
LESSOR with reasonable advance notice of any planned activities, over the Property to and from the
Premises as reasonably necessary for the purpose of installation, operation and maintenance of LESSEE’s
communications equipment. LESSEE acknowledges and agrees that LESSEE shall be solely responsible for
preventing access to the Property by unauthorized persons associated with Lessee and for properly
securing the Property while present on the Premises and upon departure at all time during which LESSEE,
LESSEE’s employees, contractors, subcontractors, agents, or assigns shall be on the Premises. In no event
shall LESSEE use or access any portion of the Property other than the Premises, as shown on the plans and
Exhibits attached to this Agreement, except for ingress and egress to the Premises or as otherwise allowed
in this Agreement.
LESSEE acknowledges that two separate water mains are located on or near the Property. LESSEE
understands that LESSOR may have to interrupt LESSEE’s Use of the Property from time to time to service,
maintain, or repair the water mains. Accordingly, LESSOR reserves the right at all time during this
Agreement to take any action it deems necessary in its sole discretion to repair, maintain, alter, or improve
the Property and shall not be liable to LESSEE for any temporary interference with LESSEE’s Use as a result
of actions necessary to carry out any such activities. Notwithstanding the foregoing, LESSOR agrees to
provide LESSEE with reasonable advance notice of any planned activities, emergencies excepted, and to
2
Page 78 of 124
Lessee Site: 744 Muskegon State Park
Lessee Site ID: 309967 / 5000049627
Draft Date: 1/3/2024
carry out such activities in a manner to minimize interruptions with LESSEE’s Use and provide alternate
continuous access.
6. CONDITION OF PROPERTY. LESSOR shall deliver the Premises to LESSEE in a condition
ready for LESSEE’s Use and clean and free of debris. To the best of LESSOR’s knowledge, LESSOR
represents and warrants to LESSEE that as of the Effective Date, the Tower and Land Space are (a) in good
operating condition; (b) in compliance with all Laws; and (c) in compliance with all EH&S Laws (as defined
in Paragraph 25).
7. ELECTRICAL.
a. If permitted by the local utility company serving the Premises, LESSEE, at LESSEE’s sole
cost and expenses, shall furnish and install an electrical meter at the Premises for the measurement of
electrical power used by LESSEE at the Premises and LESSEE shall pay the utility company directly providing
that the City assigns Lessee an independent street address.
b. If an electrical meter is not permitted, then LESSEE, at LESSEE’s sole cost and expense,
may furnish and install an electrical sub-meter at the Premises for the measurement of electrical power
used by LESSEE at the Premises and shall pay the utility company directly if permitted by the utility
company and in the alternative shall be invoiced by Lessor to Lessee.
c. In the event a sub-meter is installed and the utility company will not permit LESSEE to
pay the utility company directly, then the LESSOR shall read LESSEE’s sub-meter on a monthly basis and
provide LESSEE with an invoice for LESSEE’s power consumption on an annual basis. Each invoice shall
reflect charges only for LESSEE’s power consumption based on the average kilowatt hour rate actually
paid by LESSOR to the utility, without markup or profit.
d. All invoices for power consumption shall be sent by LESSOR to LESSEE at Verizon
Wireless, M/S 3846, P.O. Box 2375, Spokane, WA 99210-2375, and shall be provided to LESSEE within 90
days following the conclusion of each calendar year. Upon written request from LESSEE, LESSOR shall
provide copies of electricity bills received by LESSOR during any period that LESSOR submits invoices to
LESSEE for reimbursement and for that same period LESSOR shall provide documentation of the sub-
meter readings applicable to such periods. LESSEE shall pay each invoice within 45 calendar days after
receipt of the invoice from LESSOR.
e. LESSEE shall be permitted to install, maintain and/or provide access to and use of, as
necessary (during any power interruption at the Premises), a temporary power source, and all related
equipment and appurtenances within the Premises, or elsewhere on the Property in such locations as
reasonably approved by LESSOR. LESSEE shall have the right to install conduits connecting the temporary
power source and related appurtenances to the Premises.
8. IMPROVEMENTS. The communications equipment upgrades and new installations
including, without limitation, antennas, conduits, and other improvements shall be at LESSEE’s expense
and installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace,
repair, add to or otherwise modify its communications equipment, antennas, conduits or other
improvements or any portion thereof and the frequencies over which the communications equipment
operates, at no additional cost, whether or not any of the communications equipment, antennas, conduits
or other improvements are listed on any exhibit. LESSOR shall respond in writing to any LESSEE consent
request within 60 days of receipt or LESSOR’s consent shall be deemed granted, provided, any increase to
3
Page 79 of 124
Lessee Site: 744 Muskegon State Park
Lessee Site ID: 309967 / 5000049627
Draft Date: 1/3/2024
the Premises shall be memorialized by the Parties in writing. LESSOR is not entitled to a rent increase
associated with any LESSEE modification unless it is expanding the Premises area. In such event, any rent
increase shall be proportionate to the additional area included in the Premises description.
9. GOVERNMENT APPROVALS. LESSEE’s Use is contingent upon LESSEE obtaining all of the
certificates, permits and other approvals, including, but not limited to, approval in connection with the
Critical Dune Area (CDA) as regulated by the Michigan Department of Environment, Great Lakes, and
Energy (collectively the “Government Approvals”) that may be required by any Federal, State or Local
authorities (collectively, the “Government Entities”) as well as a satisfactory structural analysis of the
Tower or other structure that will permit LESSEE’s Use. LESSOR shall cooperate with LESSEE in its effort
to obtain and maintain any Government Approvals; provided, however, LESSOR assumes no responsibility
for obtaining the required Government Approvals. Further, LESSEE shall be solely responsible for the costs
and expenses incurred in connection with obtaining such Government Approvals and/or any fines or
penalties incurred for the failure to obtain such Government Approvals. Notwithstanding anything
contained herein to the contrary, LESSOR hereby agrees to allow LESSEE to install any RF frequency
signage and/or barricades as are necessary to ensure LESSEE’s compliance with Laws. In the event that
any necessary permit or approval is rejected, withdrawn, or terminated by any Government Entities so
that LESSEE shall be unable to lawfully occupy and use the Premises for the intended use, either party
shall have the right to terminate this Agreement on three (3) days’ written notice to the other, which
notice shall be sent by certified mail, return receipt requested. Upon the termination of this Agreement
in accordance with this Paragraph 9, this Agreement shall terminate and be of no further force or effect
except that LESSEE shall be required to restore the Premises at its sole cost and expense to the condition
it was in on the Effective Date.
10. TERMINATION. LESSEE may, unless otherwise stated, immediately terminate this
Agreement upon written notice to LESSOR in the event that (i) any applications for such Government
Approvals should be finally rejected; (ii) any Government Approval issued to LESSEE is canceled, expires,
lapses or is otherwise withdrawn or terminated by any Government Entity; (iii) LESSEE determines that
such Government Approvals may not be obtained in a timely manner; (iv) LESSEE determines any
structural analysis is unsatisfactory; (v) LESSEE, in its sole discretion, determines the Use of the Premises
is obsolete or unnecessary; (vi) with 3 months prior notice to LESSOR, upon the annual anniversary of the
Commencement Date; or (vii) at any time before the Commencement Date for any reason or no reason
in LESSEE’s sole discretion.
LESSOR has the right to terminate this Agreement upon any of the following events: (i) if LESSOR
determines that LESSEE’s Use of the Premises under this Agreement (including LESSEE’s operations of its
communications equipment) is interfering with the rights of LESSOR or other tenants currently on the
Property and that the issue cannot be remediated by LESSEE; (ii) if LESSEE is in default of the terms of this
Agreement and the default has not been cured under Paragraph 23; or (iii) upon 2 years prior written
notice to LESSEE at any time following the initial 10-year term of this Agreement if LESSOR determines
that LESSEE’s USE of the Premises is no longer in the LESSOR’s best interest, in LESSOR’s sole discretion.
11. MAINTENANCE. LESSEE will maintain LESSEE’s communications equipment within the
Premises in good condition, reasonable wear and tear and casualty damage excepted. LESSOR shall
maintain, in good operating condition and repair, the Tower and the Property.
12. INDEMNIFICATION. LESSEE agrees to indemnify, defend and hold LESSOR harmless from
and against any and all injury, loss, damage or liability, costs or expenses in connection with a third party
4
Page 80 of 124
Lessee Site: 744 Muskegon State Park
Lessee Site ID: 309967 / 5000049627
Draft Date: 1/3/2024
claim (including reasonable attorneys’ fees and court costs) arising directly from the installation, use,
maintenance, repair or removal of the electrical, telephone, fiber and other similar support services and
communications equipment of LESSEE on the Property, or LESSEE, its employees, invitees, agents, or
independent contractors breach of any provision of this Agreement, except to the extent attributable to
the negligent or intentional act or omission of LESSOR, its employees, invitees, agents or independent
contractors.
13. INSURANCE. Tenant agrees to maintain during the term of this Agreement the following
insurance policies on the Premises and the Tower:
a. Commercial general liability in the amount of $2,000,000.00 per occurrence for
bodily injury and property damage and $4,000,000.00 in the annual aggregate. LESSEE shall name
LESSOR as an additional insured on LESSEE’S commercial general liability insurance and shall provide
LESSOR with a certificate of insurance certificate acceptable to LESSOR within five (5) days following the
Effective Date. Tenant shall procure insurance on an occurrence basis from and against all customary
insurable liabilities of LESSEE, its employees and agents arising out of or in connection with LESSEE’S use
of the Property as provided for in this Agreement. LESSEE shall also maintain worker’s compensation
insurance as required by applicable state law. All certificates of insurance shall provide that the coverage
may not be canceled, nonrenewable, or otherwise materially changed without thirty (30) days’ prior
written notice to LESSOR.
b. “All-Risk” property insurance on a replacement cost basis insuring their
respective property with no coinsurance requirement. Where legally permissible, each party agrees to
waive subrogation against the other party and to ensure said waiver is recognized by the insurance policies
insuring the property.
14. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 12 and 25,
a violation of Paragraph 28, or a violation of Laws, neither Party shall be liable to the other, or any of their
respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights
or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption
or loss of use of service, even if advised of the possibility of such damages, whether under theory of
contract, tort (including negligence), strict liability or otherwise.
15. INTERFERENCE.
a. LESSEE agrees that LESSEE will not cause interference that is measurable in accordance
with industry standards to LESSOR’s equipment. LESSOR agrees that LESSOR and other occupants of the
Property will not cause interference that is measurable in accordance with industry standards to the then
existing equipment of LESSEE.
b. Without limiting any other rights or remedies, if interference occurs and continues for
a period in excess of 48 hours following notice to the interfering party via telephone to LESSEE’S Network
Management Center (at (800) 264-6620) or to LESSOR at (_____________), the interfering party shall or
shall require any other user to reduce power or cease operations of the interfering equipment until the
interference is cured.
c. The Parties acknowledge that there will not be an adequate remedy at law for
noncompliance with the provisions of this Paragraph and therefore the Parties shall have the right to
equitable remedies such as, without limitation, injunctive relief and specific performance.
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Lessee Site: 744 Muskegon State Park
Lessee Site ID: 309967 / 5000049627
Draft Date: 1/3/2024
d. LESSEE will not, nor will LESSEE permit its employees, tenants, licensees, invitees,
agents, or independent contractors to interfere in any way with the operations of LESSOR or other tenants
of the Property. All governmental uses, including later installed uses, shall have superior rights. Nothing
in the section shall limit LESSOR or governmental uses. LESSEE shall ensure that neither LESSEE nor
LESSEE’S equipment disturbs or interferes with any LESSOR operations at the Property at any time.
16. REMOVAL AT END OF TERM. Within 90 days of expiration or earlier termination of the
Agreement, LESSEE, at LESSEE’S sole cost and expense, shall remove LESSEE’s Communications Equipment
and restore the Premises to its original condition, reasonable wear and tear and casualty damage
excepted. LESSOR agrees and acknowledges that the communications equipment shall remain the
personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the
Term, whether or not said items are considered fixtures and attachments to real property under
applicable laws. If such time for removal causes LESSEE to remain on the Premises after termination of
the Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-
rata basis if based upon a longer payment term, until the removal of the communications equipment is
completed.
17. RIGHT OF FIRST REFUSAL. If at any time after the Effective Date, LESSOR receives an offer
or letter of intent from any person or entity that is in the business of owning, managing or operating
communications facilities or is in the business of acquiring landlord interests in agreements relating to
communications facilities, to purchase fee title, an easement, a lease, a license, or any other interest in
the Premises or any portion thereof or to acquire any interest in this Agreement, or an option for any of
the foregoing, LESSOR shall provide written notice to LESSEE of said offer (“LESSOR’s Notice”). LESSOR’s
Notice shall include the prospective buyer’s name, the purchase price being offered, any other
consideration being offered, the other terms and conditions of the offer, a description of the portion of
and interest in the Premises and/or this Agreement which will be conveyed in the proposed transaction,
and a copy of any letters of intent or form agreements presented to LESSOR by the third party offeror.
LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the terms and
conditions of such offer or by effectuating a transaction with substantially equivalent financial terms. If
LESSEE fails to provide written notice to LESSOR that LESSEE intends to meet such bona fide offer no later
than 30 days after receipt of LESSOR’s Notice or the expiration date of the prospective purchaser’s offer,
whichever is earlier, LESSOR may proceed with the proposed transaction in accordance with the terms
and conditions of such third party offer, in which event this Agreement shall continue in full force and
effect and the right of first refusal described in this paragraph shall survive any such conveyance to a third
party. Further, LESSOR acknowledges and agrees that if LESSEE exercises this right of first refusal, LESSEE
may require a reasonable period of time to conduct due diligence and effectuate the closing of a
transaction on substantially equivalent financial terms of the third party offer. LESSEE may elect to amend
this Agreement to effectuate the proposed financial terms of the third party offer rather than acquiring
fee simple title or an easement interest in the Premises.
18. RIGHTS UPON SALE. Should LESSOR, at any time during the Term, decide (i) to sell or
otherwise transfer all or any part of the Property, or (ii) to grant to a third party by easement or other
legal instrument an interest in and to any portion of the Premises, such sale, transfer, or grant of an
easement or interest therein shall be under and subject to this Agreement and any such purchaser or
transferee shall recognize LESSEE's rights hereunder. In the event that LESSOR completes any such sale,
transfer, or grant described in this paragraph without executing an assignment of the Agreement whereby
the third party agrees in writing to assume all obligations of LESSOR under this Agreement, then LESSOR
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Lessee Site: 744 Muskegon State Park
Lessee Site ID: 309967 / 5000049627
Draft Date: 1/3/2024
shall not be released from its obligations to LESSEE under this Agreement, and LESSEE shall have the right
to look to LESSOR and the third party for the full performance of the Agreement.
19. LESSOR’S TITLE. LESSOR covenants that LESSEE, on paying the rent and performing the
covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. LESSOR represents and
warrants to LESSEE as of the Effective Date and covenants during the Term that LESSOR has full authority
to enter into and execute this Agreement and that, to the knowledge of LESSOR, there are no liens,
judgments, covenants, easements, restrictions or other impediments of title that will adversely affect
LESSEE’s Use.
20. ASSIGNMENT. This Agreement may not be assigned or subleased without the prior
written consent of LESSOR, which consent may be withheld for any reason or no reason in LESSOR’s sole
discretion. Notwithstanding the foregoing, this Agreement may be assigned without LESSOR consent to
an entity that controls, is controlled by, or is under the common control of LESSEE, or to any entity
resulting from any merger or consolidation with LESSEE, or to any partner of LESSEE, provided that LESSEE
shall indemnify and hold LESSOR harmless as provided in Paragraph 12. Notwithstanding anything
contained herein to the contrary, LESSEE acknowledges and agrees that any permitted assignee or
subtenant shall be required to comply with all applicable laws including all licensing and/or permitting
requirements imposed by all governmental entities having jurisdiction over the Premises.
21. NOTICE. Except for notices permitted via telephone in accordance with Paragraph 15 and
notices permitted via electronic mail in accordance with Paragraph 2, all notices hereunder must be in
writing and shall be deemed validly given if sent by certified mail, return receipt requested or by
commercial courier, provided the courier's regular business is delivery service and provided further that
it guarantees delivery to the addressee by the end of the next business day following the courier's receipt
from the sender, addressed as follows (or any other address that the Party to be notified may have
designated to the sender by like notice):
LESSOR: City of Muskegon
933 Terrace Street
Muskegon, Michigan 49440
Attn: Dave Baker
LESSEE: Muskegon Cellular Partnership
By: Cellco Partnership d/b/a Verizon Wireless, its Managing Partner
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the
foregoing.
22. SUBORDINATION AND NON-DISTURBANCE. This Agreement is subordinate to all deeds of
trust, mortgages, and ground leases now or hereafter encumbering the Premises or Landlord’s interest
therein.
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Lessee Site: 744 Muskegon State Park
Lessee Site ID: 309967 / 5000049627
Draft Date: 1/3/2024
23. DEFAULT. It is a “Default” if (i) either Party fails to comply with this Agreement and does
not remedy the failure within 30 days after written notice by the other Party or, if the failure cannot
reasonably be remedied in such time, if the failing Party does not commence a remedy within the allotted
30 days and diligently pursue the cure to completion within 90 days after the initial written notice, (ii)
LESSOR fails to comply with this Agreement and the failure interferes with LESSEE’s Use and LESSOR does
not remedy the failure within 5 days after written notice from LESSEE or, if the failure cannot reasonably
be remedied in such time, if LESSOR does not commence a remedy within the allotted 5 days and diligently
pursue the cure to completion within 15 days after the initial written notice; (iii) LESSEE fails to pay any
rent or other sums due under this Agreement within 10 days of the date the same is due and owing; (iv)
if LESSEE fails to provide any certificate of insurance required under this Agreement within five (5) days of
the date the same is due and owing or to provide an estoppel when due; (v) if LESSEE fails to perform or
observe any agreement or condition of which it is required to perform or observe under this Agreement
(vi) if LESSEE becomes insolvent or if any bankruptcy, insolvency, or reorganization proceeding is
commenced by or against LESSEE; or (vii) if LESSEE ceases operations from the Premises for a period of
two (2) months unless otherwise agreed to between LESSOR or LESSEE or as may otherwise be required
by this Agreement. The cure periods set forth in this Paragraph 23 do not extend the period of time in
which either Party has to cure interference pursuant to Paragraph 15 of this Agreement. In the event of
any default by LESSEE under this Agreement that shall continue beyond any applicable notice and cure
period, LESSOR may, at its option, terminate this Agreement by 30 days’ prior written notice to LESSEE.
LESSOR shall have the right to recover all expenses incurred by LESSOR as a result of a LESSEE default,
including reasonable attorneys’ fees, regardless of whether a lawsuit is commenced and/or litigated.
24. REMEDIES. In the event of a Default, without limiting the non-defaulting Party in the
exercise of any right or remedy which the non-defaulting Party may have by reason of such default, the
non-defaulting Party may terminate this Agreement and/or pursue any remedy now or hereafter available
to the non-defaulting Party under the Laws or judicial decisions of the state in which the Property is
located.
25. ENVIRONMENTAL. LESSEE shall conduct its business in compliance with all applicable
laws governing the protection of the environment or employee health and safety (“EH&S Laws”). LESSEE
shall indemnify and hold harmless the LESSOR from claims to the extent resulting from LESSEE’s violation
of any applicable EH&S Laws or to the extent that LESSEE causes a release of any regulated substance to
the environment. The Parties recognize that LESSEE is only leasing a small portion of LESSOR’s property
and that LESSEE shall not be responsible for any environmental condition or issue except to the extent
resulting from LESSEE’s specific activities and responsibilities. In the event that LESSEE encounters any
hazardous substances that do not result from its activities, LESSEE may relocate its facilities to avoid such
hazardous substances to a mutually agreeable location.
26. CASUALTY. If a fire or other casualty damages the Property or the Premises and impairs
LESSEE’s Use, rent shall abate until LESSEE’S Use is restored. If LESSEE’s Use is not restored within 45 days,
LESSEE may terminate this Agreement.
27. CONDEMNATION. If a condemnation of any portion of the Property or Premises impairs
LESSEE’s Use, Lessee may terminate this Agreement. LESSEE may on its own behalf make a claim in any
condemnation proceeding involving the Premises for losses related to LESSEE’s communications
equipment, relocation costs and, specifically excluding loss of LESSEE’s leasehold interest, any other
damages LESSEE may incur as a result of any such condemnation.
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Lessee Site: 744 Muskegon State Park
Lessee Site ID: 309967 / 5000049627
Draft Date: 1/3/2024
28. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property in compliance
with all applicable laws, EH&S Laws, rules, regulations, ordinances, directives, covenants, easements,
consent decrees, zoning and land use regulations, and restrictions of record, permits, building codes, and
the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which
may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws
regulating hazardous substances) (collectively “Laws”). LESSEE shall, in respect to the condition of the
Premises and at LESSEE’s sole cost and expense, comply with (i) all Laws relating solely to LESSEE’s specific
and unique nature of use of the Premises; and (ii) all building codes requiring modifications to the
Premises due to the improvements being made by LESSEE in the Premises. It shall be LESSOR’s obligation
to comply with all Laws relating to the Property, without regard to specific use (including, without
limitation, modifications required to enable LESSEE to obtain all necessary building permits).
29. TAXES. If LESSOR is required by law to collect any federal, state, or local tax, fee, or other
governmental imposition (each, a “Tax”) from LESSEE with respect to the transactions contemplated by
this Agreement, then LESSOR shall bill such Tax to LESSEE in the manner and for the amount required by
law, LESSEE shall promptly pay such billed amount of Tax to LESSOR, and LESSOR shall remit such Tax to
the appropriate tax authorities as required by law; provided, however, that LESSOR shall not bill to or
otherwise attempt to collect from LESSEE any Tax with respect to which LESSEE has provided LESSOR with
an exemption certificate or other reasonable basis for relieving LESSOR of its responsibility to collect such
tax from LESSEE. Except as provided in this Paragraph 29, LESSOR shall bear the costs of all Taxes that are
assessed against or are otherwise the legal responsibility of LESSOR with respect to itself, its property, and
the transactions contemplated by this Agreement. LESSEE shall be responsible for all Taxes that are
assessed against or are otherwise the legal responsibility of LESSEE with respect to itself, its property, and
the transactions contemplated by this Agreement.
30. NON-DISCLOSURE. The Parties agree that this Agreement and any information exchanged
between the Parties regarding the Agreement are confidential. The Parties agree not to provide copies
of this Agreement or any other confidential information to any third party without the prior written
consent of the other or as required by law. If a disclosure is required by law, prior to disclosure, the Party
shall notify the other Party and cooperate to take lawful steps to resist, narrow, or eliminate the need for
that disclosure.
31. MISCELLANEOUS. This Agreement contains all agreements, promises and understandings
between the LESSOR and the LESSEE regarding this transaction, and no oral agreement, promises or
understandings shall be binding upon either the LESSOR or the LESSEE in any dispute, controversy or
proceeding. This Agreement may not be amended or varied except in a writing signed by all Parties. This
Agreement shall extend to and bind the heirs, personal representatives, successors and assigns hereto.
The failure of either party to insist upon strict performance of any of the terms or conditions of this
Agreement or to exercise any of its rights hereunder shall not waive such rights and such party shall have
the right to enforce such rights at any time. The performance of this Agreement shall be governed,
interpreted, construed and regulated by the laws of the state in which the Premises is located without
reference to its choice of law rules. Except as expressly set forth in this Agreement, nothing in this
Agreement shall grant, suggest or imply any authority for one Party to use the name, trademarks, service
marks or trade names of the other for any purpose whatsoever. LESSOR agrees to execute a
Memorandum of this Agreement, which LESSEE may record with the appropriate recording officer. The
provisions of the Agreement relating to indemnification from one Party to the other Party shall survive
any termination or expiration of this Agreement. This Agreement may be executed in counterparts,
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Lessee Site: 744 Muskegon State Park
Lessee Site ID: 309967 / 5000049627
Draft Date: 1/3/2024
including written and electronic forms. All executed counterparts shall constitute one Agreement, and
each counterpart shall be deemed an original.
IN WITNESS WHEREOF, this Agreement is entered into by the Parties as of the Effective Date.
LESSOR: City of Muskegon
By:
Name: _________________________________
Its: ____________________________________
Date: __________________________________
LESSEE: Muskegon Cellular Partnership By:
Cellco Partnership d/b/a Verizon Wireless, its
Managing Partner
By:
Name: _________________________________
Its: ____________________________________
Date: __________________________________
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Lessee Site: 744 Muskegon State Park
Lessee Site ID: 309967 / 5000049627
Draft Date: 1/3/2024
EXHIBIT "A"
PROPERTY DESCRIPTION
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Lessee Site: 744 Muskegon State Park
Lessee Site ID: 309967 / 5000049627
Draft Date: 1/3/2024
EXHIBIT "B"
PREMISES DESCRIPTION
12
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 9, 2024 Title: Amendment to the Sign Ordinance
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff initiated request to amend the form based code section of the zoning ordinance to
modify the regulations on projecting signs downtown.
Detailed Summary & Background:
The Planning Commission unanimously recommended approval of the amendment by a 6-0 vote.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse houseing types
Goal/Action Item:
Action Item 2022 – 2.3 Increase variety of housing types
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 request to modify the regulations on projecting signs downtown as presented.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information Technology
Other Division Heads x
Communication
Legal Review
Page 89 of 124
Planning Commission Packet Excerpt – November 16, 2023
Hearing, Case 2023-32: Staff initiated request to amend the form based code section of the zoning ordinance
to revise the signage types and requirements.
SUMMARY
1. Please see the zoning ordinance excerpt regarding projecting signs on the following page.
2. Projecting signs may only be up to 12 sf in size. However, the Planning Commission has granted
departures for some larger projecting signs (see below for examples).
3. Staff is proposing to permit these larger signs if they reference the name of the building, and not an
individual business. If a business were to close, it may not be feasible for a new business to utilize such
a large sign frame, which would lead to blight issues from the vacant sign frame.
4. These larger projecting signs would only be allowed in the Downtown and Mainstreet context areas.
They could be up to four feet wide and extend up to five feet away from the building.
Examples of small projecting signs downtown
Examples of large projecting signs downtown
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Zoning Ordinance Excerpt
Page 91 of 124
Proposed Amendments
(1A & 1 B have been modified along with Section 2009.13)
Section 2009.13
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CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend the form based code section of the zoning ordinance to the regulations on projecting
signs.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The form based code section of the zoning ordinance is amended as proposed to modify the regulations on
projecting signs.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
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CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 9th day of January 2024, 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: ___________________, 2023. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 94 of 124
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on January 9, 2024, the City Commission of the City of Muskegon adopted an
ordinance to amend the form based code section of the ordinance regarding signage.
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 ____________________, 2023. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 9, 2024 Title: Comcast Franchise Agreement
Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office
Brief Summary:
The City's cable TV franchise agreement with Comcast has expired and needs to be renewed.
The City has 30 days from when Comcast submits the agreement for renewal to approve the
replacement agreement. Staff is recommending a renewal of the franchise agreement without
any changes to the fees collected by the city. The agreement is for ten (10) years.
Detailed Summary & Background:
Following legislation adopted by the State of Michigan in the mid-2000s, the negotiation of
franchise agreements at the local level was largely standardized, and not much flexibility was left
to the communities beyond setting the franchise fee. The City of Muskegon currently has a 5%
franchise fee that is paid by Comcast customers and passed on to the City. These funds can be
used at our discretion.
The City is not recommending any changes to the franchise fee rate. It should also be noted the
City could, but has historically elected not to, implement a Public Education Government (PEG)
fee in addition to the franchise fee. PEG fees can only be used for the support of equipment for
public access television.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
N/A - General Operations
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
General Revenue Yes No N/A
Recommended Motion:
I move to approve the Uniform Video Service Franchise Agreement with Comcast as presented.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information Technology
Other Division Heads
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Communication
Legal Review
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D. The person producing the broadcast is solely responsible for all content provided over designated public,
education, or government channels. The video service Provider shall not exercise any editorial control over
any programming on any channel designed for public, education, or government use.
E. The video service Provider is not subject to any civil or criminal liability for any program carried on any
channel designated for public, education, or government use.
F. If a Franchising Entity seeks to utilize capacity pursuant to Section 4(1) of the Act or an agreement under
Section 13 of the Act to provide access to video programming over one or more PEG channels, the
Franchising Entity shall give the Provider a written request specifying the number of channels in actual use on
the incumbent video provider's system or specified in the agreement entered into under Section 13 of the
Act. The video service Provider shall have 90 days to begin providing access as requested by the
Franchising Entity. The number and designation of PEG access channels shall be set forth in an addendum
to this agreement effective 90 days after the request is submitted by the Franchising Entity.
G. A PEG channel shall only be used for noncommercial purposes.
VIII. PEG Fees
A. The video service Provider shall also pay to the Franchising Entity as support for the cost of PEG access
facilities and services an annual fee equal to one of the following options:
1. If there is an existing Franchise on the effective date of the Act, the fee (enter the fee amount__)
paid to the Franchising Entity by the incumbent video Provider with the largest number of cable
service subscribers in the Franchising Entity as determined by the existing Franchise Agreement;
2. At the expiration of the existing Franchise Agreement, the amount required under (1) above, which is
__%
0 of gross revenues. (The amount under (1) above is not to exceed 2% of gross revenues);
3. If there is no existing Franchise Agreement, a percentage of gross revenues as established by the
Franchising Entity and to be determined by a community need assessment, is_------_% of gross
revenues. (The percentage that is established by the Franchising Entity is not to exceed 2% of gross
revenues.); and
4. An amount agreed to by the Franchising Entity and the video service Provider.
B. The fee required by this section shall be applicable to all providers, pursuant to Section 6(9) of the Act.
C. The fee shall be due on a quarterly basis and paid within 45 days after the close of the quarter. Each payment
shall include a statement explaining the basis for the calculation of the fee.
D. All determinations and computations made under this section shall be pursuant to generally accepted
accounting principles.
E. Any claims by a Franchising Entity that fees have not been paid as required under Section 6 of the Act, and
any claims for refunds or other corrections to the remittance of the Provider shall be made within 3 years from
the date the compensation is remitted.
F. The Provider may identify and collect as a separate line item on the regular monthly bill of each subscriber an
amount equal to the percentage established under Section 6(8) of the Act, applied against the amount of the
subscriber's monthly bill.
G. The Franchising Entity shall not demand any additional fees or charges from a Provider and shall not demand
the use of any other calculation method other than allowed under the Act.
IX. Audits
A. No more than every 24 months, a Franchising Entity may perform reasonable audits of the video service
Provider's calculation of the fees paid under Section 6 of the Act to the Franchising Entity during the
preceding 24-month period only. All records reasonably necessary for the audits shall be made available by
the Provider at the location where the records are kept in the ordinary course of business. The Franchising
Entity and the video service Provider shall each be responsible for their respective costs of the audit. Any
additional amount due verified by the Franchising Entity shall be paid by the Provider within 30 days of the
Franchising Entity's submission of invoice for the sum. If the sum exceeds 5% of the total fees which the audit
determines should have been paid for the 24-month period, the Provider shall pay the Franchising Entity's
reasonable costs of the audit.
B. Any claims by a Franchising Entity that fees have not been paid as required under Section 6 of the Act, and
any claims for refunds or other corrections to the remittance of the provider shall be made within 3 years from
the date the compensation is remitted.
6 UNIFORM VIDEO SERVICE LOCAL FRANCHISE AGREEMENT
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 9, 2024 Title: City of Muskegon Code of Ethics
Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office
Brief Summary:
The City Commission had requested staff draft a code of Ethics. Upon investigation, it was
discovered that more than 10 years ago the City Commission had adopted a Code of Ethics for
the City. That Code is recommended to be readopted by each commission going forward.
Detailed Summary & Background:
This Code of Ethics was adopted by the City Commission in the late 2000s and was reviewed by
the City Commission at the December 2023 work session. Per Commission direction, several
updates have been integrated into the Code, including moving to gender-neutral language and
removing outdated terms related to splitting bills for meals (p. 10).
On page 4, staff also added a section regarding appointed staff being politically neutral related
to Muskegon City Commission elections (this section is highlighted).
Staff recommends this Code of Ethics be adopted as presented (with the highlights removed)
and then reviewed/readopted at the start of each 2-year commission cycle.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
I move to readopt the City of Muskegon Ethics Policy as presented.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information Technology
Other Division Heads
Page 112 of 124
Communication
Legal Review
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CODE OF ETHICS
CITY OF MUSKEGON
SECTION I. PUBLIC POLICY
It is hereby declared to be the policy of the City of Muskegon that all officials and employees
must avoid conflicts between their private interests and those of the general public they serve.
To enhance the faith of the people and the integrity and impartiality of all officials and
employees of the City, adequate guidelines must be provided for separating their roles as private
individuals from their roles as public servants. Where government is based on the consent of the
governed, every constituent is entitled to have complete confidence in the integrity of their
government. Each individual official, employee, or advisor of the government must help to earn
and honor that trust by their own integrity and conduct in all official duties and actions.
SECTION 2. DEFINITIONS, AS USED IN THIS CODE
I. “City official/employee” means a person elected, appointed or otherwise serving
in any capacity with the City of Muskegon in any position established by the City
Charter or by city ordinance which involves exercising a public power, trust or
duty. The term includes any official or employee of the City, whether or not they
receive compensation, including consultants and persons who serve on advisory
boards and commissions.
II. “Decision making” means exercising public power to adopt laws, regulations or
standards, render quasi-judicial decisions, establish executive policy, or determine
questions involving substantial discretion.
III. “Substantial” means anything of significant worth and importance or considerable
value as distinguished from something with little value, social tokenism, or
merely nominal.
IV. “Compensation” means any money, property, and thing of value or benefit
conferred upon or received by any person in return for services rendered or to be
rendered to themselves or another.
V. “Official duties” or “Official action” means a decision, recommendation,
approval, disapproval, or other action involving discretionary authority.
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SECTION 3. A CODE OF CONFLICT OF INTEREST AND ETHICAL CONDUCT IS
HEREBY PROMULGATED AS FOLLOWS:
GRATUITIES
I. No city official/employee of the City of Muskegon shall solicit, accept or receive,
directly or indirectly, any gift, whether in the form of money, service, loan, travel,
entertainment, hospitality, thing or promise or in any other form, under
circumstances in which it can reasonably be inferred that the gift is intended to
influence the officials/employee in the performance of their official duties or is
intended as a reward for any official action on their part.
PREFERENTIAL TREATMENT
II. No city official/employee of the City of Muskegon shall use, or attempt to use,
their official position to unreasonably secure, request, or grant any privileges,
advantages, contracts, or preferential treatment for themselves or others
USE OF INFORMATION
III. No city official/employee of the City of Muskegon who acquires information in
the course of their official duties, which information by law or policy is not
available at the time to the general public, shall use such information to further
the private economic interests of themselves or anyone else.
FULL DISCLOSURE
IV. No city official/employee of the City of Muskegon shall participate as an agent or
representative of the City in approving, disapproving, voting, abstaining from
voting, recommending, or otherwise acting upon any matter in which they have a
direct or indirect financial interest without disclosing the full nature and extent of
their interest. Such a disclosure must be made before performing their duty or
concurrently with that performance. If the officer or employee is a member of a
decision-making or advising body, they must disclose to the chair and to other
members of the body on the official record. Otherwise, an appointed officer or
employee would appropriately address disclosure to the supervisory head of their
organization or by an elected officer to the general public.
OUTSIDE BUSINESS DEALINGS
V. No City official/employee of the City of Muskegon shall engage in or accept
employment or render services for a private or public interest when that
employment or service is incompatible or in conflict with the discharge of the
official or employee’s official duties or when that employment may tend to impair
their independence of judgment or action in performing official duties.
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VI. No city official/employee shall engage in a business transaction in which the
public, city official, or employee may profit from his or her official position or
authority or benefit financially from confidential information which the public
official or employee has obtained or may obtain because of that position or
authority.
DOING BUSINESS WITH THE CITY
VII. No City official/employee shall engage in business with the city, directly or
indirectly, without filing a complete disclosure statement for each business
activity and on an annual basis. following Article X Section C of the City Charter.
SUPPRESSION OF PUBLIC INFORMATION
VIII. No city official/employee of the City of Muskegon shall suppress any public city
report, document, or other information available to the general public because it
might tend to affect unfavorably their private financial or political interest.
USE OF CITY PROPERTY
IX. No city official/employee of the City of Muskegon shall directly or indirectly use
or permit others to use City property of any kind for purely personal gain. City
officials/employees should protect and conserve all city property, including
equipment and supplies entrusted or issued to them.
X. All City business conducted by email shall be done on a City-issued email
account.
SECTION 4. INTENTION OF CODE.
It is the intention of Section 3 above that city officials and employees avoid any action, whether
or not specifically prohibited by Section 3, which might result in or create the appearance of:
I. Using public employment or office for private gain.
II. Giving or accepting preferential treatment to or from any organization or person
III. Impeding city efficiency or economy
IV. Choosing complete independence or impartiality of action
V. Making a city decision outside official channels
VI. Affecting adversely the confidence of the public or integrity of the city
government or
VII. Giving or accepting preferential treatment in the use of city property
The Conflict of Interest and Ethical Code is intended to be preventative and punitive. It should
not be construed to interfere or abrogate in any way the provisions of any Michigan Statutes, the
Muskegon City Charter, and/or City of Muskegon Ordinances.
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This policy declaration is not intended to prevent any official/employee of the City of Muskegon
from receiving compensation for work performed on his or her own time as a private individual
and not involving city business.
This declaration of policy is not intended to apply to contributions to political campaigns which
State Law governs.
Appointed staff should be mindful of how political activities on their part could be perceived by
the general public. Appointed staff should maintain a reputation of serving all members of the
Muskegon City Commission equally and impartially. To this end, appointed staff should not
participate in an election campaign on behalf of or in opposition to candidates for the City
Commission.
SECTION 5. VIOLATION, ENFORCEMENT AND ADVISORY OPTIONS
I. All matters concerning the Conflict of Interest and Ethical Code shall be directed
to one of the two following controlling authorities depending upon the
employment status of the City of Muskegon official/employee involved or the
group concerned and the nature of the action requested.
A) Elected officials of the City of Muskegon to the Mayor, City Council, and
City Attorney.
B) Appointed employees, full and part-time, of the City of Muskegon to the City
Manager and City Attorney.
II. The above-listed authorities, when requested, shall take appropriate action upon
any complaint, request for information, or otherwise resolve matters concerning
Conflict of Interest and the Ethical Code policy of the City of Muskegon. The
appropriate action to be taken in any individual case shall be at the discretion of
the controlling authority involved, which may include but is not limited to any of
the following:
A) Referral of the matter to a higher authority.
B) Pursuing further investigation by the controlling authority.
C) Taking appropriate disciplinary action, including removal from
office, appointed position or employment, in accordance with the
Muskegon City Charter, City Code, State law, or the regulations or
policies of the City of Muskegon.
D) Deeming no action to be required.
E) Pursuing such other courses of action which is reasonable, just and
appropriate under the circumstances.
III. When deemed appropriate, the abovementioned controlling authorities may
render written advisory opinions interpreting the Conflict of Interest and Ethical
Code of Conduct outlined in Section 3. Any city official/employee may seek
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guidance from the controlling authority upon written request on questions directly
relating to the propriety of their conduct as officials and employees. Each written
request and advisory opinion shall be confidential unless released by the
requestor.
A) Request for opinions shall be in writing.
B) Advisory opinions may include guidance to any employee on
questions as to:
1. Whether an identifiable conflict exists between their
personal interests or obligations and their official
duties.
2. Whether their participation in their official capacity
would involve discretionary judgment with significant
effect on the disposition of the matter in conflict.
3. What degree their personal interest exceeds that of
other persons who belong to the same economic group
or class.
4. Whether the result of the potential conflict is substantial
or constitutes a real threat to the independence of their
judgment.
5. Whether they possess certain knowledge or know-how
that the city will require to achieve a sound decision.
6. The effect their participation under the circumstances
would have on the people's confidence in the
impartiality of their city officials and employees.
7. Whether a disclosure of one’s personal interests would
be advisable, and, if so, how such disclosure should be
made to safeguard the public interest.
8. Whether it would operate in the people's best interest
for them to withdraw or abstain from participation or to
direct or pursue a particular course of action in the
matter.
INTEGRITY AND THE CITY
Given time to think about it, each of us could fashion our own working definition of integrity,
and all of these might be surprisingly similar. That’s because people generally have a good
sense of ethics.
Most of us tend to think of integrity in these terms:
• Integrity is fairness, honesty, evenhandedness and sincerity. It’s a way of acting and
behaving. More importantly, it’s a way of thinking and of making judgments.
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• Integrity is a system of values that is constant. Integrity doesn’t change, even in the
face of shifting social standards.
• Integrity is a positive force. It’s a proactive attitude that makes good things happen:
it’s not just a checklist of prohibited behavior.
• Mostly, though, integrity is doing what we know in our hearts is the proper thing to
do.
Integrity is not achieved simply through obedience to laws and regulations. The City, like any
organization, has responsibilities which go far beyond matters of law.
To the City of Muskegon integrity means a special kind of fairness, honesty, evenhandedness
and sincerity, a kind that transcends both the law and the values of individuals. It’s achieved by
observing an overriding set of ethical standards and by recognizing that the city’s actions and
decisions impact a diversity of groups, including residents, business owners, contractors,
suppliers, the general public, and, of course, all city officials and employees.
WHY INTEGRITY IS IMPORTANT
Integrity on the part of our officials and employees is important for several reasons.
• First, integrity is a significant standard because it ensures that the city’s many
obligations will be set by the people who are, in effect, working for the city.
• Integrity is also important because we have an obligation to our residents as their
representatives and to our fellow officials or employees.
• Integrity is important because it gives us pride in our work, city, and ourselves.
• Integrity is also important because it can help the city and its representatives comply
with the law; it may help avoid costly litigation.
• Integrity also affects the quality and the effectiveness of our relationships with
residents, businesses, contractors, suppliers, government agencies and other members
of the public.
• And integrity is important because it’s the core ingredient of a reputation. Both our
personal reputations and the City’s reputation are crucial to our success.
PERSONAL REPUTATIONS
Each of us has a personal and professional reputation. All of those who do business with you,
whether they work for the City or represent some other organization, form opinions about your
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integrity. They decide if you can be trusted and if you can be relied upon to conduct yourself
according to proper ethical standards. That they decide about you frequently is translated into
their opinions of the entire community.
Trust is, after all, the key to good interpersonal relationships. It’s why people work efficiently
together: It’s why they can make things happen quickly and smoothly.
A breach of ethics, therefore, does more than violate a legal or moral code. It creates a very
difficult practical problem because it destroys trust. Officials and employees who can’t be
trusted can’t be effective. They can’t, in other words, do their job very well. And they can’t hide
this fact very long, either.
THE CITY’S REPUTATION
A city’s reputation and its overall success are always securely linked. To succeed in its mission,
any organization must have the confidence of the people and the organizations it deals with, even
if the relationship is indirect.
The City of Muskegon’s reputation, obviously, is based on more than the collective reputations
of its employees and officials. To a large extent, it depends on how many people perceive the
community as to whether they believe, whatever the issues or the circumstances, that the city
will act with integrity.
So, trust is also the key element. Trust is the cornerstone of all city relationships. Everyone who
plays a role in our business relationships must have faith in our actions and statements.
That confidence is especially important in today’s highly complex and fast-paced society.
STANDARDS OF CONDUCT
The City’s integrity rests solidly on the foundation of several general rules of ethical behavior.
These rules need to be fully understood by all of us.
• Fundamental values must always be honored. The City expects us to be honest, to
tell the truth, and to play by the rules. Our relations with everyone must be based on
mutual trust and the highest principles of respect for the individual.
• This means using some obvious examples, such as that we don’t misrepresent
situations, don’t steal city property, don’t falsify city records, or misuse city assets for
personal use.
• It means that we must treat our fellow employees, committee members, residents,
contractors, and suppliers in an evenhanded, fair way.
• It means, too, that we must be aware of the perceptions we create because they can be
as important as our actions. We should diligently avoid doing or saying anything that
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leaves the impression of questionable motives. It won’t really matter if the
impression is wrong: the perception of dishonesty or favoritism has all the harmful
consequences of the real thing.
• Consequently, if we believe someone misunderstood what we’ve said or done, we
should clarify the matter quickly. If we misspoke or promise something beyond our
authority, we should also correct that situation.
• As city officials/employees, we’re expected to honor the spirit and the letter of the
law.
• We must not, of course, give or receive a bribe, kickback, or payoff. Beyond that, we
must avoid any act that might make it seem we’re involved in a bribe, kickback, or
payoff (again, that matter of perception).
• No improper action is ever made proper simply because someone considers it
“customary” or because others do it.
• And no improper action is made proper because our supervisor or a fellow employee
might have suggested it.
• Finally, the city’s standards of conduct apply equally to all.
Integrity is not something we put on and take off depending on the people we happen to be
dealing with at the moment. You’re expected to act with complete integrity all the time.
THE GRAY AREAS
It’s been said that ethical standards, even at their strongest, are always a little gray around the
edges. Any code of ethics, in other words, must sometimes deal with situations where there are
two or more legitimate points of view, and where there is no clear right or wrong answer.
Indeed, ideals do not always fit perfectly with reality, and ethical standards do not always
provide automatic solutions to difficult questions.
But this doesn’t mean that dilemmas must be accepted. It only means that “gray area” issues
require careful examination and thought. All the competing interests must be clearly identified
and evaluated, and the relevant city standards must be understood and applied. When in doubt,
consult with someone of higher authority. Reasonable and ethical answers are always available.
RELATIONSHIPS WITH OTHERS
The City places great importance on its officials and employees’ relationships with all citizens.
The term “citizens” is used here in the broadest possible sense.
Three general principles deserve particular emphasis.
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• You not only must avoid favoritism or unethical practices, you must avoid contact
that could be misinterpreted to suggest questionable behavior (once again, the
perception issue).
• Don’t be drawn into a compromising relationship. When you’re dealing with another
person the first “small” step you take that undermines your integrity is likely to be
followed by another and then another. In a short time, without having done anything
that could be considered major, your integrity will have been compromised.
• Trust is critical in all relations. You can build trust by positive actions, by caring, by
meeting deadlines, and by helping to solve problems. You should recognize those
situations where you can appropriately do something to help, and then you should do
it.
SOLICITING GIFTS OR FAVORS
Gifts or favors, should not be solicited from an individual or an organization that does business
with the City or seeks to do so. The size of the gift or favor is immaterial. Soliciting gifts or
favors, either directly or indirectly, is strictly prohibited.
• You should not, for example, suggest to a supplier that you have personal use for a
service or equipment.
• And any suggestion that you would appreciate tickets to a social or sporting even is
soliciting. Don’t do it.
ACCEPTING GIFTS OR FAVORS
Accepting a gift or favor that is freely offered is a little different situation. In some cases, if the
gifts are of nominal value and they enhance the city’s business purposes, they may be accepted—
with caution.
• Employees of the City are prohibited from accepting gifts of value, favors, or
preferential treatment such as discounts from vendors, firms, or individuals regulated
by or doing business with the City. Employees violating this policy will be subject to
disciplinary action, up to and including dismissal.
• The application of this regulation is a matter of reasonable and mature judgment. The
following guidelines may be used in interpreting the regulation.
• The City gift policy is in effect for all gifts whether received at work or home.
• The acceptance of inexpensive advertising gifts, such as pens, pencils, keyrings,
calendars, coffee cups, etc., or other small items, such as boxes of candy, nuts, plants,
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etc., shared by an entire office and/or enjoyed by the public are not considered gifts of
value and can be accepted.
• Allowing someone to buy your lunch or dinner occasionally or attending a reception
is not out of order. On the other hand, frequent payment for an employee’s meal
should be avoided. A good policy is to try to stay even by picking up the check an
appropriate number of times or splitting the bill. These same guidelines can be
applied to refreshments and entertainment.
• Any gifts of cash, including gift booklets and gift certificates, are strictly prohibited.
• Any unusual gift or expensive items, the return of which would be costly or cause
embarrassment, or any situation that is clearly defined should be reported to and
reviewed by an appropriate supervisor or authority.
CITY SPONSORED EVENTS AND ACTIVITIES
Strict standards also cover City social, athletic, or recreational activities, such as Christmas
parties or athletic banquets. No employee or City organization should solicit or accept any
support for these events from individuals or firms that do business with us or want to.
REPORTING CERTAIN FINANCIAL AND OTHER INTERESTS
City officials and employees are required to report, for information purposes, certain financial
interests held by them or by their family members. If you have a financial interest in an
organization that does business with the City you must report it. You also must report if a family
member or relative has such an interest.
In the great majority of cases these interests present no problem and you or your family members
may retain them. However, officials or employees who have a financial interest in a firm that
does business with the City must always be especially judicious in their conduct.
SPECIAL ROLE OF THE INDIVIDUAL
The City’s commitment to integrity has real substance only when City employees have their own
personal commitment to integrity. Our organizational integrity always begins and ends with the
individual.
• It depends on the conscience of each person, not just on the City’s written policies to
preserve its integrity and the perceptions people have of us.
• Each of us is a trusted representative of the City of Muskegon. Each of us, therefore,
has a direct and singular responsibility to conduct our job-related activities in a
manner that protects and enhances our reputation.
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• Integrity is more than a matter of do’s and don’ts. It’s always a matter of individual
awareness, honesty, determination, and commitment.
• Integrity is each employee stepping up to an obligation. It’s each of us deciding that
we will live and act to make our City an even better place to live and work.
A FORMAL STATEMENT OF ETHICS
• The preceding discussion has emphasized how and why the actions of individuals can
transcend the written law or policy.
• However, a formal system is essential to establish a basis of ethical conduct. With
the understanding that no set of rules can cover all contingencies, the City of
Muskegon, has formally adopted the attached “Code of Ethics”.
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