City Commission Minutes 11-12-2024

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      CITY OF MUSKEGON
       CITY COMMISSION MEETING
         November 12, 2024 @ 5:30 PM
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440
                                 MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, November 12,
2024. Pastor D. W. Tolbert, from the New Hope Baptist Church, opened the
meeting with prayer, after which the Commission and public recited the Pledge
of Allegiance to the Flag.

ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Rebecca St. Clair, Commissioners Jay
Kilgo, Willie German, Jr., Rachel Gorman, and Katrina Kochin, City Manager
Jonathan Seyferth, City Attorney John Schrier, and City Clerk Ann Marie Meisch
Absent: Commissioner Destinee Keener

2024-92 HONORS, AWARDS, AND PRESENTATIONS

    A. YEARS OF SERVICE AWARDS Employee Relations
Mayor Johnson and Commissioners congratulated and thanked City
employees for their Years of Service ranging from 5 to 25 years. Certificates
were presented by the Mayor to those in attendance.

PUBLIC COMMENT ON AGENDA ITEMS
Public comments received.

2024-93 CONSENT AGENDA

    A. Approval of Minutes City Clerk
To approve minutes of the October 22, 2024, City Commission Meeting.
STAFF RECOMMENDATION: Approval of the minutes.




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    B. Fireworks Display for NYE Ball Drop City Clerk
Pyrotecnico is requesting approval of a fireworks display permit for December
31, 2024/January 1, 2025, in the parking lot between 3rd and 4th Streets, west of
Shoreline Drive. The Fire Marshall will inspect the fireworks on the day of the
event.
STAFF RECOMMENDATION: To approve the fireworks display permit for
Pyrotecnico contingent upon inspection of the fireworks.

    C. Resolution for Charitable Gaming License - Kids Belong City Clerk
Kids Belong is requesting a resolution recognizing them as a non-profit
organization operating in the City for the purpose of obtaining a gaming
license. They have been recognized as a 501(c)(3) organization by the State.
STAFF RECOMMENDATION: Approval of the resolution for a Charitable Gaming
License.

    E. ATM for Muskegon Farmers Market City Clerk
City Commission authorized going into an agreement for an ATM at the
Muskegon Farmers Market and is recommending Consumers Credit Union.
STAFF RECOMMENDATION: Authorize staff to sign the agreement with
Consumers Credit Union to place an ATM at the Muskegon Farmers Market.

Motion by Commissioner German, second by Commissioner Kilgo, to approve
the Consent Agenda minus item D.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and German
           Nays: None
MOTION PASSES

2024-94 ITEM REMOVED FROM THE CONSENT AGENDA

    D. Request to amend the planned unit development (PUD) at Harbour
       Towne to allow for the construction of 28 new condo units. SECOND
       READING Planning
The proposed buildings include six fourplexes and two duplexes. The original
PUD for Harbour Towne called for up to 250 units, however, only 190 units were
built. The time has lapsed to complete the additional units, so the PUD must be
amended. A discussion was had regarding the installation of sidewalks, which
was an original condition of approval. The PUD was amended in 2002 to add
three additional duplexes along Fulton St. That amendment noted that the
original agreement for sidewalks for the PUD is retained. During the July 11, 2002



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Planning Commission meeting it was noted: “In previous amendments the issue
of pedestrian walkways has come up. The original PUD required that walkways
(sidewalks) be provided when the PUD became more fully developed. This issue
needs to be resolved. Cement sidewalks may not be practical in the
development. A boardwalk may be cost prohibitive. An option may be that a
pedestrian/bike lane be painted on the existing street demarking a pedestrian
area that will prompt motorists to be mindful of pedestrians and cyclists. The
existing swath of pavement is fairly wide and open, which can actually
promote speeding in the development.”
The Planning Commission voted in favor (5 to 3, 1 absent) of recommending
approval of the project with the following conditions:
1. A turnaround must be incorporated at the end of Channel View Point.
2. An additional fire hydrant must be added along Channel View Point.
3. A stormwater permit must be obtained from the Engineering Department
before construction commences
4. A landscaping plan is provided.
5. Sidewalks through Harbour Towne Circle East and West are installed within
two years from the commencement of construction.
STAFF RECOMMENDATION: I move that the request to amend the planned unit
development (PUD) at Harbour Towne to allow for the construction of 28 new
condo units be approved with the following conditions:
1. A turnaround must be incorporated at the end of Channel View Point.
2. An additional fire hydrant must be added along Channel View Point.
3. A stormwater permit must be obtained from the Engineering Department
before construction commences
4. A landscaping plan is provided.
5. Sidewalks through Harbour Towne Circle East and West are installed within
two years from the commencement of construction.

Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to approve the
request to amend the planned unit development (PUD) at Harbour Towne to
allow for the construction of 28 new condo units be approved with the following
conditions:
1. A turnaround must be incorporated at the end of Channel View Point.
2. An additional fire hydrant must be added along Channel View Point.
3. A stormwater permit must be obtained from the Engineering Department
before construction commences.
4. A landscaping plan is provided.
5. Sidewalks through Harbour Towne Circle East and West are installed within
two years from the commencement of construction..
ROLL VOTE: Ayes: Gorman, St.Clair, Johnson, and Kilgo
           Nays: German and Kochin



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MOTION PASSES

2024-95 NEW BUSINESS

    A. Amendment to Section 404 of the zoning ordinance to remove R-2 and
       R-3 districts and to adjust the area and bulk requirements for R-1
       districts. Planning
This is a staff-initiated request to amend the zoning ordinance to allow all single-
family residential lots to be considered buildable as long as they are at least 30
feet wide and 3,000 in size. There are currently three separate single-family
residential districts in the zoning ordinance; R-1, R-2, and R-3; which all allow the
same uses. The main difference between these districts is how much lot width is
required to be considered a buildable lot. This proposal would eliminate R-2 and
R-3 districts and change the bulk and area requirements to the current R-3
standards, which requires a minimum 30-foot lot width and 3,000 sf in size. The
new Maximum Lot Coverage requirements would also match the current R-3
standards (buildings 70%, pavement 20%). The chart in Section 404 would be
removed and the Area and Bulk Requirements would be represented as they
previously were in the zoning ordinance (without a chart). The Planning
Commission unanimously (6-0, 2 abstain, 1 absent) voted to approve the
request as presented.
STAFF RECOMMENDATION: I move to approve the request to amend Section 404
of the zoning as presented.

Motion by Commissioner Kilgo, second by Vice Mayor St.Clair to approve the
request to amend Section 404 of the zoning as presented.
Motion amended by Commissioner Kilgo, second by Vice Mayor St.Clair to
include that when a lot is covered over 80% by the combination of buildings
and pavement, the remaining amount of pavement allowed must be pervious.
ROLL VOTE: Ayes: Gorman, St.Clair, Johnson, and Kilgo
           Nays: German and Kochin
MOTION PASSES (REQUIRES SECOND READING)


    C. Amendment to Article II of the zoning ordinance to create a definition for
       accessory dwelling unit. Planning
This is a staff-initiated request to amend Article II of the zoning ordinance to
create a definition for accessory dwelling unit.
Proposed definition:
Accessory Dwelling Unit (ADU): An accessory structure typically located at the
rear of a lot that provides either a small residential unit or home office space.


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The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to
approve the request as presented.
STAFF RECOMMENDATION: I move to approve the request to amend Article II of
the zoning ordinance as presented.

Motion by Commissioner Kochin, second by Commissioner Kilgo, to approve
the request to amend Article II of the zoning ordinance as presented.
ROLL VOTE: Ayes: Kilgo, Gorman, Kochin, St.Clair, and Johnson
           Nays: German
MOTION PASSES (REQUIRES SECOND READING)

    B. Amendment to Section 400 of the zoning ordinance to allow duplexes,
       triplexes, and accessory dwelling units as principal uses permitted in the
       Single-Family Residential Districts. Planning
This is a staff-initiated request to amend Section 400 of the zoning ordinance to
allow duplexes, triplexes, and accessory dwelling units as principal uses
permitted in the Single-Family Residential Districts.
Currently, single-family is the only housing option in R districts. This proposal
recommends allowing duplexes, triplexes and accessory dwelling units (under
certain conditions) in these districts. Duplexes would have to be on lots at least
40 feet wide. Triplexes would have to be on lots at least 50 feet wide and must
have an alley in the back. Accessory Dwelling Units would have to be located
behind an existing housing unit. The Planning Commission unanimously (6-0, 2
abstain, 1 absent) voted to approve the request as presented.
STAFF RECOMMENDATION: I move to approve the amendments to Section 400
of the zoning ordinance as proposed.

Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to approve the
amendments to Section 400 of the zoning ordinance as proposed.
ROLL VOTE: Ayes: Johnson, Kilgo, Gorman, Kochin, and St.Clair
           Nays: German
MOTION PASSES (REQUIRES SECOND READING)

    D. Amendment to Article IV of the zoning ordinance to remove R-2 and R-3
       districts and rename the single-family residential district. Planning
This is a staff-initiated request to amend Article IV of the zoning ordinance to
remove R-2 and R-3 districts and rename single-family residential districts.
If the request to allow duplexes, triplexes and accessory dwelling units is
approved, the name of the zoning designation should be changed to reflect
the types of houses allowed. Staff proposes changing the name from “Single-


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Family Residential” to “Neighborhood Residential.” The Planning Commission
unanimously (6-0, 2 abstain, 1 absent) voted to approve the request as
presented.
STAFF RECOMMENDATION: I move to approve the request to amend Article IV of
the zoning ordinance as presented.

Motion by Commissioner Kilgo, second by Commissioner Kochin, to approve
the request to amend Article IV of the zoning ordinance as presented.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, and Gorman
           Nays: German and Kochin
MOTION PASSES (REQUIRES SECOND READING)

    E. Amendment to Section 2326 of the zoning ordinance to reduce the
       minimum number of parking spaces for single-family and multi-family
       dwelling units. Planning
This is a staff-initiated request to amend Section 2326 of the zoning ordinance to
reduce the minimum number of parking spaces for single-family and multi-
family dwelling units. Staff is proposing to reduce the minimum number of
parking spaces required per dwelling unit from two to one.
Only one parking space per dwelling unit was required for residential uses prior
to an ordinance amendment in 2002. Large apartment complexes continue to
overdevelop parking lots based on the zoning ordinance’s requirements. Staff
had considered proposing to eliminate parking minimums altogether, as is the
case in form-based code districts, but based on public feedback a reduction to
one parking space per dwelling unit is being proposed instead. The Planning
Commission unanimously (6-0, 2 abstain, 1 absent) voted to approve the
request as presented.
STAFF RECOMMENDATION: I move to approve the amendments to Section 2326
of the zoning ordinance as presented.

Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to approve the
amendments to Section 2326 of the zoning ordinance as presented.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, and Gorman
           Nays: Kochin and German
MOTION PASSES (REQUIRES SECOND READING)

    F. Amendment to Article XX of the zoning ordinance to allow the
       conversion of single-family houses into duplexes and triplexes. Planning
This is a staff-initiated request to make minor amendments to the design criteria



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in the form-based code to allow single-family houses to be converted into
duplexes and triplexes, under certain conditions.
Within the form-based code districts, a few minor design requirements could
prevent converting a single-family house into a duplex or triplex. Please see the
enclosed Planning Commission Excerpt that depicts these changes in more
detail. The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to
approve the request as presented.
STAFF RECOMMENDATION: I move to approve the amendments to Article XX of
the zoning ordinance as presented.

Motion by Commissioner Kilgo, second by Commissioner Kochin, to approve
the amendments to Article XX of the zoning ordinance as presented.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and German
           Nays: None
MOTION PASSES (REQUIRES SECOND READING)

ANY OTHER BUSINESS
Mayor Johnson asked about accessory commercial units. Commissioner Kilgo
voiced his concerns about the unhoused population. Mayor Johnson asked the
Commission if they would be interested in a tour of the Rescue Mission. Mayor
Johnson thanked City Clerk Ann Meisch and staff for going above and beyond
on the recent election. Commissioner German stated what a privilege it is
being a District Delegate and that we need to work together to get things
done. Mayor Johnson stated that we cannot give safe harbor to hate.
Commissioner German asked about the ARPA Community Grants.
Commissioner Kilgo commented that we now have the most diverse
Commission.

PUBLIC COMMENT ON NON-AGENDA ITEMS
Public comments received.

ADJOURNMENT
The City Commission Meeting adjourned at 8:17 p.m.

                                      Respectfully Submitted,



                                      Ann Marie Meisch, MMC City Clerk




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