On the agenda: Muskegon Legislative Policy Committee — Flock camera (Sep 23)

CITY OF MUSKEGON
LEGISLATIVE POLICY COMMITTEE
MEETING
September 23, 2026 @ 5:30 PM
CITY OF MUSKEGON, ROOM 204
933 TERRACE STREET, MUSKEGON, MI 49440
☐

CALL TO ORDER:

☐

ROLL CALL:

☐

APPROVAL OF MINUTES:
A. Approve the minutes of May 27, 2026. City Clerk

☐

OLD BUSINESS:

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NEW BUSINESS:
A. State and Federal Legislative Update Manager's Office
B. Muskegon Farmers Market renovation/expansion project update City
Clerk
C. Data Center Moratorium Discussion City Commissioners
D. Virtual Attendance Policy for Public Meetings City Clerk
E. Maximum Lot Widths City Commissioners

☐

ANY OTHER BUSINESS:

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PUBLIC COMMENT:

☐

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

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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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CITY OF MUSKEGON
LEGISLATIVE POLICY COMMITTEE
MEETING
May 27, 2026 @ 5:30 PM
CITY OF MUSKEGON, ROOM 204
933 TERRACE STREET, MUSKEGON, MI 49440

MINUTES
CALL TO ORDER
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Destinee Keener, Commissioners
Katrina Kochin, Willie German, Jr., Jay Kilgo, and Rebecca St. Clair. City
Manager Jonathan Seyferth, City Clerk Ann Marie Meisch
Absent: Kiley Jackson
APPROVAL OF MINUTES
A. Approve the minutes of February 25, 2026. City Clerk
Moved by Commissioner German, seconded by Commissioner Kilgo to
approve the minutes of February 25, 2026.
MOTION PASSES
OLD BUSINESS
NEW BUSINESS
A. Modular Vehicle Barrier System Fees DPW- Parks and Recreation
The cost of closing the road has increased significantly due to the use of the
new modular vehicle barrier system (MVBS). Staff gathered historical
information on road closures, the costs associated with closures, and practices
regarding fee waivers to help provide context as to why the fees have
changed. The presentation will include a recommendation from staff regarding
a potential way to lower costs for events utilizing the MVBS.
Events could apply for a fee waiver of 25% to 75% off. If denied, they could go
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to City Commission for consideration.
Suggestions to add to the current policy:
Modular Vehicle Barrier System Fee Waiver
Eligibility. Only fees associated with a road closure required to use the modular
vehicle carrier system are eligible for a partial fee waiver.
Application. Applications are available on the City of Muskegon's website.
Applications must be submitted within 30 days of receiving the event invoice.
Processing. Staff will review applications within 30 days and can approve fee
waivers based on a point system. Events are eligible for up to 75% waiver for 8
points, 50% waiver for 6 or 7 points, and 25% waiver for 4 or 5 points. Staff may
only approve a total of $25,000 in fee waivers in a fiscal year.
Below is the suggestion from staff:
Fee Waiver Approval. If awarded, the fee waiver would be applied to the
current year's invoice. The invoice must be paid within 30 days of the fee
adjustment, or late fees may be awarded.
Fee Waiver Denial. If an event believes their application was not awarded the
appropriate number f points and corresponding fee waiver, an appeal of the
decision can be made to the City Commission. The decision from the City
Commission is final.
Point System
1. Is the organization a non-profit? (Y+1)
2. Is the organization located in the City of Muskegon? (Y+1)
3. Does the organization provide services to City of Muskegon residents? (Y+1)
4. Does the organization or event promote/support a minority or
disadvantaged group? (Y+1)
5. Is the event free to attend? (Y+1)
6. Does the event generate revenue? (N+1)
7. Has the event or organization incurred additional hardship in the past year?
(Y+1)
8. Has the event has fees waived in the past year? (N+1)
Is the event between October and April could be a question.
Some Commissioners suggested removing question seven and eight.

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This proposal is for road closures only.
B. Beach Shuttle Promotion Manager's Office
Commissioners tend to have a good presence and following on social media,
and staff have ideas where that social media presence could highlight the
beach shuttle service being offered. Commissioners are encouraged to ride
the shuttle over the summer and post about your experience. Our goal is to
increase awareness, drive first-time ridership, and encourage repeat use of the
free service. A one-page marketing strategy is included in the packet, and
staff directs the commissioners' attention to the opening weekend section.
C. Opioid Settlement Funding Agreement with the County Manager's
Office
Since November 26, 2024, the city has allocated a portion of our federal opioid
settlement funding to the county’s existing opioid settlement grant program. In
2025, the city approved two project applications. The first was to Fresh Coast
Alliance in the amount $55,000, and the second was to Life Align in the amount
of $32,283 for a total of $87,283. Both organizations were able to utilize this
funding for projects that "supported the development, implementation,
enhancement, or expansion of opioid prevention, harm reduction, treatment,
and recovery programs and services" for the benefit of city residents.
The city is expected to receive $605,256.92 through 2040 from multiple national
class action settlements. To-date, the city has received $210,843.26 and has a
balance of $123,560.26.
The city continues to support these and other organizations that are providing
critical services throughout our community. However, the city is researching
recovery housing opportunities that could more fully maximize these settlement
funds in the long term. Recovery housing services are an eligible use of these
settlement funds.
Therefore, staff is seeking feedback from the commission about the possibility of
ending the Opioid Settlement Funds Agreement with the county and
redirecting the city's settlement allocation to explore recovery housing
opportunities in the community.
D. State and Federal Legislative Update Manager's Office
Director Wills provided an update on relevant state and federal issues
impacting the City of Muskegon.
E. USS Silversides Exploring a Move Manager's Office
For several years, the USS Silversides Board has been discussing options for the
ship's and museum's future. Earlier in 2026, the museum's board voted to
explore moving the USS Silversides to Downtown Muskegon, specifically to be
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co-located with the USS LST 393. No final decision has been made, and only
conversations are occurring.
For decades, the ship has been located on the channel wall near Pere
Marquette. The museum itself sits on City property, and there is an agreement
between the City and the USS Silversides Museum for use of the property.
Because of this agreement, the USS Silversides Board is asking the City
Commission to also signal its support for exploring a move. It is simple to note
that the City Commission does not object to the museum moving. Staff would
recommend a stance of being supportive of whatever decision the USS
Silversides Board makes, and that we have no objection to the board looking
at and/or ultimately moving to another location in the City.
The reason this is being asked for is that the Board is trying to head off any
narrative that the City isn't supportive of this conversation.
F. Muskegon Social Equity Program Planning
The City has received $541,155 in Marihuana Excise Tax money for this year. This
is down from the $700,753 the City received last year. For the past several years,
the Commission has set aside 25% of this money to go towards the Muskegon
Social Equity Program. If the same 25% is set aside this year, that would equal
$135,288.75.
Staff is proposing to fund three programs through the Muskegon Social Equity
Program this year. These include:
1. Expungement Clinics provided by G.U.N.S. ($45,000)
2. Counseling services through Mediation & Restorative Services ($55,000)
3. A housing intervention program used in conjunction with money from the
opiod settlement ($35,288.75)
Commissioners suggested two expungement clinics instead of three.
Commissioner St. Clair disclosed she serves on Mediation & Restorative Services.
ANY OTHER BUSINESS
June 29th at 5 pm meeting at US Silversides for a possibility of creating Fulton
Street as a public road.
Commissioner Kochin stated Mr. Bodman approached her regarding short-term
rental fees. He operates both short-term and long-term rentals. Currently in
these cases, they must pay the short-term rental fee. He had to pay at the end
of December and again in April for the short-term rental fee. He asked for an

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exemption from the Commission if possible.
The City Manager indicated that he did have a reduction of $100 from $500 to
$400 for his short-term rental fee.
PUBLIC COMMENT
ADJOURNMENT

Respectfully Submitted,

Ann Marie Meisch, MMC City Clerk

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Agenda Item Review Form
Muskegon Legislative Policy Committee
Commission Meeting Date: September 23, 2026

Title: State and Federal Legislative Update

Submitted by: Peter Wills, Director of
Governmental Relations

Department: Manager's Office

Brief Summary:
Staff to provide an update on State and Federal legislative activities that impact the city.
Detailed Summary & Background:
Staff to provide an update on State and Federal legislative activities that impact the city.
Goal/Action Item:
2027 GOAL 3: COMMUNITY CONNECTION - Strong ties among government and community agencies
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested:
NA

Budgeted Item:

Fund(s) or Account(s):
NA

Budget Amendment Needed:

Yes

Yes

No

No

N/A

N/A

X

X

Recommended Motion:
Discussion only
Approvals:
Immediate Division
Head

Name the Policy/Ordinance Followed:
X

Information
Technology
Other Division Heads
Communication
Legal Review

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Legislative Report, September 2026
Bill #
HB 4081
HB 4170
HB 4260-61
HB 4311-12
HB 4410
SB 19-22
HB 4539/40
HB 5305-06

HB 5492-93
HB 5529-32,
5581-5585

Detail
Amends the Land Division Act to authorize counties/municipalities to increase number of parcels resulting from
division for the first 10 acres of a parent parcel from four to ten.
Income Tax cut to 4.05%
Public Safety Trust Fund, distribution of funds
Revenue Sharing Trust Fund, creation of fund
Modifies definition of abandoned property to allow a local unit to secure the property to prevent trespass.
Tenant Empowerment Package for renters
Modifies housing and community development fund; same as SB 239 from last session
Extends the Commercial Redevelopment Act to 12/31/35 – the date after which a new commercial facilities
exemption certificate may be issued. Two local projects are impacted – 356 W. Western Ave (Century Club Bldg)
and 1937 Lakeshore Dr. (Harbor Theatre); staff have also had discussions with potential owners of Russell Block
building. Sunsets need to be extended. PA 255
Flock camera, license plate readers; operator of the reader system would have to preserve plate data for at least
14 days after a preservation request is made.
Housing Readiness package – preempt local control
HB 5529 – Amends land division act for parcel and lot size
HB 5530 – Amends MZEA minimum residential lot size
HB 5531 – Amends MZEA site plan approval and limits studies
HB 5532 – Amends MZEA protest petition

Status

Senate floor
Senate comm on Finance
Senate Approps since 4/26/25
House Gov Ops since 4/15/25
House Gov Ops since 5/1/25
Senate floor since 6/17/25
Senate floor since 7/1/26
House floor 12/9/25

2/3/26 House Judiciary
3/3/26 House Gov Operations
Committee

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HB 5660-61
HB 5865

SB 248-256
SB 319
SB 278

SB 559-561
SB 691-698
SB 792
SB 793

MML – HOME Program legislation - partnership between local gov and the state to improve access to housing
that is attainable for residents. It supports investment to accelerate housing construction and rehabilitation,
while also promoting updates to local zoning regulations.
18-bill MI HOPE Zone Act – Helping Opportunity Proper Everywhere https://housedems.com/scott-unveilslegislation-to-foster-hope-revitalize-communities/ Designates economically distressed communities as special
zones where tax incentives and reinvested local tax revenue can attract businesses, support job training and
fund neighborhood development.
Creates a low-income water affordability program within DHHS to ensure eligible customers do not pay more
than 30% of their household income on a water bill.
Reintroduction of minimum staffing legislation; making minimum staffing levels for PA 312 employees (police
and fire) a mandatory topic of collective bargaining.
Modifies the housing and community development fund program. MSHDA program that makes financing
available to meet the housing needs of low-income households and to finance projects in a downtown area or
adjacent neighborhood in the State. The bill would make financing available to middle-income households (not
more than 120% AMI) and deleting the requirement that financed projects be in a downtown area or adjacent
neighborhood.
Create Revenue Sharing Trust Fund
Election bills – moves primary election date to May; adds a Feb primary election date; eliminates Aug primary
election date
Extends sunset on OPRA certificate to 12/31/36; obsolete property rehabilitation act
PA 198 abatements

3/4/26 House Gov Operations
Comm
House Gov Operations,
4/22/26

Senate floor since 11/5/25
House Gov Operations since
6/26/25
House Regulatory Reform,
6/24/26

4/30/26 House Comm on
Appropriations
3/18/26 House Comm on
Election Integrity
House Reg Reform, 7/3/26
House Reg Reform, 7/2/26

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LOCAL
Third Street property closing
•

On September 16th, the city closed on the acquisition of 3.12 acres of waterfront property at 560
Mart St. The final purchase price, including closing costs, was $314,111.

•

Staff are working with our professional design team at Progressive Companies to develop site
improvement concepts. Community input will remain an important part of the process this Fall,
including opportunities to review designs and share feedback.

ARPA Community Grant Program
•

The city’s $1.6M ARPA community grant program has been completed and all 25 grantees have received their
approved funds. - approved grants ($1.6M)

Muskegon Farmers Market Renovation and Expansion Project
•
•

•
•
•
•
•

Staff are working with contractors to develop design concepts for the expansion and renovation of
the Market with the assistance of a state grant in the amount of $481,267.
These initial funds will be used to transform the facility into a year-round destination that
strengthens our local economy, helps small businesses launch and grow, connects Michigan farmers
and food producers with more customers, and ensures more families have access to healthy, locally
produced food.
Kitchen 242, a shared-use commercial kitchen and food business incubator, will be increased to
support additional food entrepreneurs, year-round production, and small business growth.
The market barn would include dedicated areas for a permanent fresh market, a ready-to-eat food
hall featuring multiple local businesses, a market bar, flexible community seating, improved
accessibility, and programming that activates the space throughout the year.
A community capital campaign is being established to generate additional funds to complete the
project.
Input from area residents, farmers, and stakeholders will help shape the future of this vital space.
Additional project information can be found at www.GrowingTogetherMFM.com.

STATE
Urban Core Mayors Potential 2027-28 Priorities
•
•
•
•
•

Housing affordability and attainability
Mental Health services and investments
Revenue Sharing Trust Fund / Public Safety Trust Fund / Neighborhood Roads Funding
Underground infrastructure / Water Affordability Trust Fund / Climate Resiliency solutions
Brownfield redevelopment funding

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First Disbursement of Neighborhood Roads Fund
•

The first payments from the Neighborhood Roads Fund (NRF) have been sent to local agencies, as
part of the new long-term road funding plan aimed at rebuilding Michigan’s state and local roads,
bridges, and transit with a nearly $2 billion annual investment.

•

The funding will help to bolster existing road and bridge projects for counties, cities and villages,
while also committing additional funding to the following:
o $100 million to repair and replace local bridges.
o $100 million for public transit, including new transformational projects and local bus
operations.
o $40 million for rail grade separation projects to improve safety and reduce traffic congestion.

To view the funding breakdown for Michigan cities and villages, click here
City of Muskegon – July 2026
- Major Street $409,376.41
- Local Street $112,547.84
- Total - $521,924.25
Budget, Economic Development, and Housing legislation signed
Economic Development:
The governor signed legislation to expand local abatement and transformational brownfield programs,
allowing more businesses and communities to rehabilitate and redevelop blighted sites.
Senate Bill 723 expands the transformational brownfield program, increases transparency and reporting
requirements, and requires approved projects to include annual milestones. The bill also emphasizes
affordable housing projects in residential developments while streamlining the entire redevelopment
process.
Senate Bill 721 and 722 extend the sunsets on the Commercial Redevelopment and Commercial
Rehabilitation acts to allow both programs to continue to operate. Both bills incentivize the refurbishing
and development of commercial properties at local discretion.
Housing
The governor signed several housing bills that will continue to help communities and the state address
housing needs.
Michigan Housing Opportunity Tax Credit: House Bill 5806, House Bill 5807, and Senate Bill 966 establish
and implement a state low-income housing tax credit that operates in tandem with the federal credit.
Eligible projects must ensure a set number of units are reserved for renters at or below 60% of the area
median income. Up to $42 million a year in credits will be allocated.
Institutional Investors: House Bill 6074 prohibits large institutional investors from purchasing a singlefamily home in the state.
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Beach Nourishment legislation introduced - HB 5304
House Bill 5304 establishes a framework to encourage the reuse of dredged materials—such as sand
removed from harbors—for beach nourishment. The bill also creates a Beach Nourishment Fund, which
will serve as a starting point for a broader and much-needed conversation about long-term investments
to protect Michigan’s shorelines.
Michigan’s shorelines are eroding at an accelerating rate due to increased storm activity and prolonged
high-water periods. Many areas of Michigan’s coastline are approaching critically low sand levels,
exposing underlying landforms to permanent, irreversible erosion. Without action, dredged sand used
for navigation projects may continue to be disposed of in deep water, effectively accelerating the loss of
this vital resource.
Community Redevelopment Tax Credit
• Michigan Community Capital (MCC) is pursuing the creation of a Community Redevelopment Tax
Credit (CRTC) to support place-based investment and leverage private capital. The proposal would
reform and restart the former Brownfield Tax Credit in the form of the CRTC. The credit would be
used to redevelop vacant, blighted, contaminated, and functionally obsolete buildings in
communities across Michigan. MCC is a 501(c)(3) nonprofit that exists to promote community and
economic development.
Public Safety Revenue Sharing
• In May, the State began sharing information related to the Public Safety Revenue Sharing payments.
•

The city is expected to receive $292,768 per year. Funds can be used for operational and capital
expenditures that serve the purposes of public safety. A list of Public Safety Revenue Sharing
payments by city, village, and townships - click here. Additional information can be found on Public
Safety Revenue Sharing Webpage.

FEDERAL
Opportunity Zones
Opportunity Zones are one of the largest federal community development tax incentives in the United States,
recently renewed by federal tax changes. Opportunity Zones were designed to mobilize private investments in
lower-income communities by incentivizing the reinvestment of capital gains into projects in designated census
tracts. Incentives include deferral of tax liability, step-up in basis, and tax-free growth. Qualifying investments
include real estate, business expansion, manufacturing, energy, and other projects.
As part of this renewal of Opportunity Zones through federal tax changes, in April the federal government
released its list of eligible census tracts under Opportunity Zones 2.0 (OZ 2.0). See map of eligible tracts HERE.
By the end of September, the state will officially nominate up to 25% of those eligible tracts for designation as OZ
2.0 tracts. Designations are set to take effect on January 1, 2027, and will last 10 years; these designations cannot
be revised.
Between now and that official nomination, interested parties are encouraged to share their input and
recommendations with the State of Michigan via the Michigan Economic Development Corporation. A series of
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stakeholder roundtables will be scheduled this summer in each of the state’s prosperity regions; these will be
coordinated with local housing and economic development organizations as they are scheduled.
21st Century ROAD to Housing Act passage
On June 23, the U.S. House of Representatives passed the 21st Century ROAD to Housing Act, which capitalizes on
the local leadership cities nationwide are embracing to confront the housing attainability crisis. The legislation
updates and improves programs like Community Development Block Grants and the HOME Investment
Partnership Program, removing regulatory roadblocks and increasing local flexibility.
https://www.nlc.org/post/2026/06/24/nlcs-statement-on-the-u-s-house-passing-21st-century-road-to-housingact/?utm_source=marketingcloud&utm_medium=email&&utm_content=20260627_NL_Weekly&utm_term=Lear
n+more+%c2%bb&utm_campaign=newsletter
Bill text - https://www.banking.senate.gov/newsroom/majority/scott-warren-hill-waters-release-updated-billtext-on-senate-consideration-of-the-21st-century-road-to-housing-act
MARAD – Port Infrastructure Development Program grant – Muskegon Marine Terminal Freight Infrastructure
Revitalization Project
Earlier this summer, West Michigan Dock and Market, in conjunction with the city, submitted an over $37M grant
application to relocate and modernize WMD’s existing cargo storage and shipping facility within the Port of
Muskegon, replacing a regulatorily constrained terminal with a modern, efficient marine terminal. Expected
award notification is December 4, 2026.

Congressional Directed Spending project requests
Earlier this year, staff submitted a request for $210,000 in federal funding to replace the roof at Central
Fire Station. Sen. Gary Peters recommended the project to be advanced for further consideration by the
U.S. Senate appropriations subcommittee on Transportation and HUD.
U.S. Department of Energy – Energy Efficiency Community Block Grant
In early May, the city finally received a reimbursement payment from the USDOE in the amount of
$76,45 for the 2024 acquisition of two EV side-by-side utility vehicles.

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Agenda Item Review Form
Muskegon Legislative Policy Committee
Commission Meeting Date: September 23, 2026

Title: Muskegon Farmers Market
renovation/expansion project update

Submitted by: Ann Meisch, City Clerk

Department: City Clerk

Brief Summary:
Staff to provide an update on the Muskegon Farmers Market renovation/expansion project.
Detailed Summary & Background:
Staff are working with contractors to develop design concepts for the expansion and renovation of
the Market with the assistance of a state grant in the amount of $481,267.
These initial funds will be used to transform the facility into a year-round destination that strengthens
our local economy, help small businesses launch and grow, connect Michigan farmers and food
producers with more customers, and ensure more families have access to healthy, locally produced
food.
Kitchen 242, a shared-use commercial kitchen and food business incubator, will be increased to
support additional food entrepreneurs, year-round production, and small business growth.
The market barn would include dedicated areas for a permanent fresh market, a ready-to-eat food
hall featuring multiple local businesses, a market bar, flexible community seating, improved
accessibility, and programming that activates the space throughout the year.
A community capital campaign is being established to generate additional funds to complete the
project.
Input from area residents, farmers, and stakeholders will help shape the future of this vital space. Staff
have solicited feedback from current Kitchen 242 users along with the city's Farmers Market Advisory
Committee. A project open house is scheduled for late October.
Additional project information can be found at www.GrowingTogetherMFM.com.
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested:
NA

Budgeted Item:

Fund(s) or Account(s):
NA

Budget Amendment Needed:

Yes

Yes

No

No

N/A

N/A

X

X

Recommended Motion:
Discussion Only
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Approvals:
Immediate Division
Head

Name the Policy/Ordinance Followed:
X

Information
Technology
Other Division Heads
Communication
Legal Review

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Agenda Item Review Form
Muskegon Legislative Policy Committee
Commission Meeting Date: September 23, 2026

Title: Data Center Moratorium Discussion

Submitted by: Commissioner St.Clair

Department: City Commissioners

Brief Summary:
Discussion item on the possibility of a citywide data center moratorium.
Detailed Summary & Background:
As Data Centers are proliferating around the country it is important that we be prepared and
thoughtful as to how we as a community want to proceed. Over 50 communities in Michigan now
have moratoriums in place. This shift could make Muskegon a more attractive option to these types
of developments, and we are currently underprepared if such a proposal was made within the city
limits. A short-term moratorium would give time to build more permanent regulations in the same way
that the short-term rental moratorium offered protection while a longer term solution was developed.
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested:

Budgeted Item:
Yes

Fund(s) or Account(s):

No

N/A

x

Budget Amendment Needed:
Yes

No

N/A

x

Recommended Motion:
Discussion Only
Approvals:

Name the Policy/Ordinance Followed:

Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review

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BIG RAPIDS CHARTER TOWNSHIP
MECOSTA COUNTY, MICHIGAN
DATA CENTER TEMPORARY MORATORIUM ORDINANCE
At a meeting of the Township Board of Big Rapids Charter Township, Mecosta County, Michigan,
held at The Township Hall, 14230 Northland Drive, Big Rapids Charter Township, Michigan
49307 on the 23rd day of February, 2026, at 5:00 p.m., the following moratorium was offered by
Township Board Member Marek and supported by Township Board Member Bechaz.
An ordinance enacting a temporary moratorium for a period of one year, subject
to an extension by resolution, on the permitting, consideration, approval, location,
construction, review, and/or installation of any Data Center facilities.
WHEREAS, due to concerns from the public and Township officials about appropriate regulations
to regulate Data Centers, among other issues, associated with Data Centers; and
WHEREAS, Data Center means a facility used primarily for the storage, management, processing,
and transmission of digital data, which houses computer or network equipment, systems, servers,
appliances and other associated components related to digital data operations. The facility may
also include air handlers, power generators, water cooling and storage facilities, utility substations,
and other associated utility infrastructure to support sustained operations at the Data Center; and
WHEREAS, the typical physical characteristics of Data Centers include, but are not limited to the
following: (1) power systems; (2) cooling systems (3) battery energy storage energy systems (4)
use of equipment to cool the hardware and operating space; and/or (5) power generators; and
WHEREAS, the Township has a legitimate purpose in addressing the proper design, size, location,
and operation of a Data Center in the Township; and
WHEREAS, the amount of water and energy consumed by, and noise produced by, Data Centers
raises concerns that necessary regulations may be required to protect the public health, safety, and
general welfare; and
WHEREAS, the Township is reasonably concerned future Data Centers, without proper
regulations, would be established in inappropriate or inadvisable locations within the Township;
and
WHEREAS, it is appropriate to forestall such issues for the Township and to enact a temporary
moratorium on such Data Centers for one year or until any necessary regulations can be enacted;
and
WHEREAS, the United States Supreme Court has upheld imposing moratoriums as tool to
temporarily pause the consideration of potential development to study appropriate regulations and
ordinances. Tahoe-Sierra Preservation Council v Tahoe Regional Planning Agency, 535 US 302,
341; 122 S Ct 1465; 152 L Ed 2d 517, 552 (2002). Temporary moratoriums of a year or less in
length are generally presumed to be valid; and

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WHEREAS, Michigan courts have upheld the enactment of moratoriums to study and adopt new
regulations. See Central Advertising Co v St Joseph Twp, 125 Mich App 548, 554; 337 NW2d 15
(1983). This includes Michigan courts upholding the enactment of moratoriums even by resolution
and have held that the Michigan Zoning Enabling Act does not require moratoriums to be enacted
by zoning ordinance amendment due to their temporary nature and governance over ministerial
functions. Metamora Twp v Am Aggregates of Mich, Inc, ___NW2d___; 2021 Mich. App. LEXIS
2090, at *45 (Ct App, Apr. 1, 2021); and
WHEREAS, the Township determines that the adoption of this moratorium, which is necessary
to preserve the public peace, health, and safety, by preventing the inappropriate location and
establishment of Data Centers in the Township during the time needed to study and review, due to
conditions within the Township.
NOW, THEREFORE, Big Rapids Charter Township, Mecosta County, Michigan, Ordains:
Section 1. Title: This Moratorium shall be known and cited as the Big Rapids Charter Township
Data Center Moratorium Ordinance.
Section 2. Definition: Data Center means a facility used primarily for the storage, management,
processing, and transmission of digital data, which houses computer or network equipment,
systems, servers, appliances and other associated components related to digital data operations.
The facility may also include air handlers, power generators, water cooling and storage facilities,
utility substations, and other associated utility infrastructure to support sustained operations at the
Data Center.
Section 3. Moratorium: The Township enacts a temporary moratorium on the permitting,
consideration, approval, location, erection, construction, review, and/or installation of all Data
Centers in the Township for one year, subject to six month or less extensions by resolution, or the
Township’s implementation of regulations governing Data Centers. For the purposes of this
moratorium, Data Center encompasses all like operations, whether referenced in the Big Rapids
Charter Township Zoning Ordinance.
Section 4. Severability: The provisions of this moratorium are hereby declared to be severable
and if any part is declared invalid for any reason by a court of competent jurisdiction it shall not
affect the remainder of the moratorium which shall continue in full force and effect. In addition to
being considered an ordinance upon publication, the above-mentioned provisions shall also be
deemed to be passed as a resolution of the Township Board governing an issue on a temporary
timeline and regulating the internal affairs of the Township (e.g., when the Township will accept
applications for the Data Center land use and when it will schedule the review of such applications
versus adoption of new regulations and standards that would bind third parties).
Section 5. Repeal: All ordinances and resolutions or parts thereof in conflict with this Moratorium
are hereby repealed.

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Section 6: Waiver: In the event that the Township Board decides by resolution to extend this
moratorium for an additional period over 12 months, and a landowner will suffer immediate and
irreparable harm for the duration of the extension by resolution, or such an extension otherwise
violates applicable provisions of the state or federal constitution or other applicable law, a
landowner may apply in writing for a waiver of the extended moratorium from the Township
Board. At a public hearing held on such an application, the landowner must bear the burden of
demonstrating immediate and irreparable harm because of the extended moratorium. The
Township Board, upon a sufficient showing, may grant a waiver of the extended moratorium to
the degree necessary to avoid the demonstrated immediate and irreparable harm.
Section 7. Effective Date: The moratorium shall take effect as an ordinance immediately upon
passage by the Township Board upon roll call vote and publication.
YEAS: 6
NAYS: 0
ABSENT/ABSTAIN: 1 ABSENT, SAEZ
MORATORIUM ORDINANCE DECLARED ADOPTED.
____________________________________________
Bruce Borkovich, Big Rapids Charter Township Supervisor

STATE OF MICHIGAN
COUNTY OF MECOSTA

_____________________________
Hannah Saez, Township Clerk

)
) SS
)

I, the undersigned, the duly qualified and acting Clerk of Big Rapids Township, Mecosta
County, Michigan do hereby certify that the foregoing is a true and complete copy of a
Resolution adopted by the Township Board at a Special Board meeting on February 23, 2026 of
which the original of which is on file in my office. Public notice of said meeting was given
pursuant to and in full compliance with Act No 267, Public Acts of Michigan, 1976 as amended,
including in the case of a special or rescheduled meeting, notice by posting at least eighteen (18)
hours prior to the time set for the meeting.
IN WITNESS WHEREOF, I have hereto affixed by official signature on this 23rd day of
February, 2026 BV.
___________________________________
Hannah Saez, Clerk
Big Rapids Township

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Data Center Moratorium & Ordinance
At it’s November 18, 2025 meeting, the Wixom City Council moved “to direct Planning Commission to review the
City’s zoning ordinance regulations as it relates to large scale data centers and provide recommendations back
to City Council”.
In addition, On March 24, 2026, City Council approved a Resolution Imposing a Temporary Moratorium for a
period of six (6) months on the establishing, permitting, consideration, approval, location, construction,
and/or installation of any data centers in the City of Wixom.
At the June 1, 2026 the Planning Commission meeting, the Commission recommended to set a public hearing to
formally take public comments on the draft zoning ordinance language. That public hearing was held on Monday,
June 29th at 7:00 PM in the Wixom Council Chambers located at City Hall, 49045 Pontiac Trail, Wixom MI
48393.
At the June 29th meeting, Planning Commission approved a series of motions that amended the draft data center
ordinance amendments, and approved a recommendation to forward those proposed ordinance amendments to
City Council for their consideration at the July 14, 2026 City Council meeting.
At the July 14th City Council Meeting, City Council introduced and held a first reading of the draft ordinance
amendments as recommended by the Planning Commission approved a motion to direct City staff to review the
proposed ordinance and incorporate, where legal/practical, amendments, comments, recommendations made by
other Council members during the meeting and requested that the revised ordinance be brought back to Council
for another first reading.
At the August 11th City Council meeting, City Council held a 2nd introduction and first reading of the draft
ordinance with the revisions requested by City Council. After discussion, including recommendations from staff
regarding adjustments to some of the amendments to the draft ordinance amendments from the July 14th
meeting, City Council moved to proceed with the draft ordinance as amended for a second reading and adoption.
At the August 25th City Council meeting, City Council held the Second Reading and Adoption of the draft
ordinance amendments. After making a few additional amendments, the draft ordinance was adopted and sent to
publication consistent with the City's Charter and the Zoning Enabling Act.
The full draft of adopted ordinance amendments are linked below, and are available for review at the City of
Wixom Construction & Development Services Department located at 49045 Pontiac Trail, Wixom, MI 48393
between the hours of 7:15 a.m. and 5:30 p.m., Monday through Thursday. The proposed amendments are
summarized as follows:
1. Text amendments to the City of Wixom Zoning Ordinance Section 18.24.030 Definitions C-D. The
amendments provide a definition of a “Data Center” for the purpose of establishing regulations for large
scale data processing, computer server, data storage system, telecommunication equipment, and associated
infrastructure uses. These uses include the processing, storage, or transmission of digital information. Such
facilities may include backup power generation, cooling systems, fuel storage, and security infrastructure.
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The definition does not include server rooms or data-processing facilities that are accessory and incidental
to a primary permitted use.

2. Text amendments to the City of Wixom Zoning Ordinance Section 18.09.020 Schedule of uses. The
amendments establish Data Centers as Special Land Uses in the M-1 (Light Industrial) and M-2 (General
Industrial) zoning districts that require specific review by the Planning Commission, adherence to specific
standards, and a public hearing be held in conjunction with consideration of the Special Land Use request.
Data Centers would not be a permitted or Special Land Use in any other zoning districts.

3. Adding Section 18.09.040.N Standards applicable to specific uses to the City of Wixom Zoning Ordinance.
These sections will provide specific use standards for Data Centers. Standards reference minimum distances
from residentially zoned properties, required noise studies, noise regulations, cooling system design,
anticipated utility usage and capacity verification, traffic analysis, security measures, and decommissioning
plans.
Below are links to relevant documents related to the ordinance discussions at City Council and the adopted
Ordinance Language:
City Council Agenda Packet with presentation slides - July 14, 2026
City Council Agenda Packet with presentation slides - August 11, 2026
City Council Agenda Packet with presentation slides - August 25, 2026
Clean - Final Adopted Ordinance Amendments 2026-01
Redline - Final Adopted Ordinance Amendments 2026-01
Resolution 2026-47 Clarifying Terms of Termination of Moratorium
Below is a list of the Planning Commission and City Council meetings where data center ordinance amendments
have been discussed:
December 15, 2025 - Planning Commission
January 21, 2026 - Planning Commission
February 18, 2026 - Planning Commission
March 16, 2026 - Planning Commission
April 6, 2026 - Planning Commission
April 20, 2026 - Planning Commission
June 1, 2026 - Planning Commission
June 29, 2026 - Planning Commission
July 14, 2026 - City Council
August 11, 2026 - City Council
August 25, 2026 - City Council (will be posted when available)

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Persons having any questions regarding these matters are urged to attend this meeting or contact Construction &
Development Services at (248) 624-0880.

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Agenda Item Review Form
Muskegon Legislative Policy Committee
Commission Meeting Date: September 23, 2026

Title: Virtual Attendance Policy for Public
Meetings

Submitted by:

Department: City Clerk

Brief Summary:
We have a policy in place allowing citizens to request to join meetings by Zoom. Looking to have a
conversation regarding the logistics of accommodating these requests.
Detailed Summary & Background:
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested:
N/A

Budgeted Item:

Fund(s) or Account(s):
N/A

Budget Amendment Needed:

Yes

Yes

No

No

N/A

N/A

X

X

Recommended Motion:
Discussion Only
Approvals:

Name the Policy/Ordinance Followed:

Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review

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from conduct that disrupts, delays, or interferes with the orderly conduct of the meeting.
The Chairperson may call to order any person who is being disorderly by (i) speaking
when not recognized by the chair; (ii) otherwise disrupting the proceeding by failing to
be germane; (iii) by speaking longer than the allotted time; or (iv) by engaging in
unprotected speech, including, but not limited to, true threats, fighting words, or legally
obscene material. Such persons shall thereupon be seated until the Chair shall have
determined whether the person is in order. If a person so engaged in presentation shall be
called out of order, he or she shall not be permitted to speak at the same meeting, except
upon special leave by the Commission. If the person shall continue to be disorderly and
disrupt the meeting, the chair may order the Police Department to remove the person
from the meeting.

F. VIRTUAL CITIZEN PARTICIPATION:

1. GENERAL
A staff member of the City Clerk’s Office will be at all meetings requiring virtual participation
unless staff indicates they do not need assistance.
2. LIVE MEETINGS
For live meetings broadcast on television and/or streamed on social media, a telephone
number will be assigned to give the ability for the public to call in and provide three minutes
of comment.

3. ALL OTHER MEETINGS
For all other meetings subject to the Open Meetings Act, a citizen must send a request to the
City Clerk’s Office at least two business days in advance of the meeting. Request for virtual
participation will be granted for meetings not broadcast on television and/or streamed on
social media.only be granted in the case of ADA accommodation or active-duty military
personnel. The City Clerk will provide a zoom link to each individual who requests it. Those
participating by zoom will be muted until the public comment period. Information detailing
how a request can be made will be placed on the city’s website, meeting notice, and social
media.

G. AGENDA

1. PREPARATION
The City Manager and City Clerk shall prepare an agenda for each regular, Legislative
Policy Committee, or special meeting of the City Commission. The deadline for submitting
items for Commission agenda is 4:00 pm on the Monday eight days prior to the
Commission meeting. Agenda items from Commission members should be submitted in
writing by this same time to the City Manager. The deadline for submitting items for the LPC
meeting is 4:00 pm on the Tuesday eight days prior to the LPC meeting. Items submitted by the
Mayor will be included upon request, and items submitted by any other Commissioner will
require at least 2 additional Commissioners to support the addition of the item. Requested items
will appear on a meeting agenda within three meetings after the request is made as long
as all necessary documents are included.

2. DISTRIBUTION
Agendas, ordinances and all related background material will be delivered to City
Commission members, via email, the Tuesday before the scheduled regular meeting, the

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Virtual Public Participation Policy
This policy sets forth instructions to give citizens the ability to participate at city meetings virtually.
For live meetings on television and/or social media, a telephone number will be assigned to give the
ability for the public to call in and provide three minutes of comment.
For all other meetings subject to the Open Meetings Act, a citizen must send a request to the City Clerk’s
Office at least two business days in advance of the meeting. The City Clerk will provide a zoom link to
each individual who requests it. Those participating by zoom will be muted until the public comment
period. Information detailing how a request can be made will be placed on the City’s website, meeting
notice, and social media.
A staff member of the City Clerk’s Office will be at all meetings requiring virtual participation unless staff
indicates they do not need assistance.

Adopted December 13, 2022

________________________________
Ann Marie Meisch, MMC
City Clerk

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Agenda Item Review Form
Muskegon Legislative Policy Committee
Commission Meeting Date: September 23, 2026

Title: Maximum Lot Widths

Submitted by: Commissioner Kilgo

Department: City Commissioners

Brief Summary:
Discussion regarding how the City's recent changes to maximum lot widths impact various properties
around the city. Should the maximum lot width be increased?
Detailed Summary & Background:
The city currently has a 60-foot maximum lot width, which may be too restrictive given the diversity of
buildings and development in the city. Many lots throughout the City, particularly in established
neighborhoods, are 65, 70, or even 75 feet wide and fit naturally within a city block.
Increasing the maximum lot width to 90 or 100 feet would provide greater flexibility and allow for
more diverse development opportunities.
The City was very progressive in reducing the minimum lot width to 33 feet. However, development
should not be limited by a maximum lot width of only 60 feet.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested:
N/A

Budgeted Item:

Fund(s) or Account(s):
N/A

Budget Amendment Needed:

Yes

Yes

No

No

N/A

N/A

Recommended Motion:
For Discussion Only
Approvals:

Name the Policy/Ordinance Followed:

Immediate Division
Head
Information

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Technology
Other Division Heads
Communication
Legal Review

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