City Commission Minutes 11-26-2024

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      CITY OF MUSKEGON
       CITY COMMISSION MEETING
         November 26, 2024 @ 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, November 26,
2024. Pastor E. J. Wood from All Shores 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 Rebecca St. Clair, Commissioners
Willie German, Jr., Rachel Gorman, Katrina Kochin, and Jay Kilgo, City Manager
Jonathan Seyferth, City Attorney John Schrier, and City Clerk Ann Marie Meisch
Absent: Commissioner Destinee Keener

PUBLIC COMMENT ON AGENDA ITEMS
Public comments received.

2024-96 CONSENT AGENDA

    A. Approval of Minutes City Clerk
To approve minutes of the November 12, 2024, City Commission Meeting.
STAFF RECOMMENDATION: Approval of the minutes.

    C. Contract Award - Lakeshore Dr Sewer CCTV DPW- Engineering
Staff is requesting authorization to enter into a contract with Plummer's
Environmental Services in the amount of $41,916.11 for cleaning and video
inspection services of storm and sanitary sewer along Lakeshore Drive.
Bids were solicited for cleaning and video inspection services of certain sewers
along Lakeshore Drive. The condition of these sewers will then be analyzed and


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used to determine if any repairs or replacement is needed during an up-coming
road reconstruction project. Plummers provided the low bid.
STAFF RECOMMENDATION: Move to authorize staff to enter into a contract with
Plummers Environmental Services for the amount of $41,916.11 for the Lakeshore
Dr. Sewer CCTV project.

    D. Amendment to NEZ Certificate Applications for Shaw Walker
       Redevelopment Project, 920 Washington Ave., 965 W. Western Ave.
       Economic Development
This amendment to the NEZ certificate applications is necessitated by the
statutory requirement mandating separate applications for units totaling up to
eight per application. This measure ensures compliance while facilitating the
approval process for multiple buildings as part of the broader Shaw Walker
redevelopment project.
At the City Commission meeting on August 13, 2024, NEZ applications were
approved for 15 years for Shaw Walker Opportunity Business 1, LLC and Shaw
Walker Opportunity Business 2, LLC for buildings 3-6 located at 920 Washington
Ave. and 965 W. Western Ave.
The State reviewed the application package and determined that the NEZ
applications must be amended to include separate applications, with a
maximum of eight units per application. As a result, there are now 120
applications covering Buildings 3, 4, 5, and 6, each with a 15-year duration for
their respective certificates.
Below is a summary of the buildings and the number of units per building:
Building Details:

Building 3

    • Address: 920 Washington Ave

    • Floors Redeveloped: 1-5

    • Units Proposed: 327 residential units

    • Estimated Project Cost: $249,772,000

Building 4

    • Address: 920 Washington Ave

    • Floors Redeveloped: 2-4

    • Units Proposed: 16 residential units




                                   Page 2 of 15
    • Estimated Project Cost: $615,917

Building 5

    • Address: 920 Washington Ave and 965 W. Western Ave

    • Floors Redeveloped: 1-5

    • Units Proposed: 89 apartment units

    • Estimated Project Cost: $243,289

Building 6

    • Address: 920 Washington Ave

    • Floors Redeveloped: 1-5

    • Units Proposed: 69 residential units

    • Estimated Project Cost: $520,546

STAFF RECOMMENDATION: I move to approve the amendment for separate NEZ
certificate applications for the redevelopment projects at 920 Washington Ave
(Buildings 3, 4, 5, and 6) and 965 W. Western Ave (Building 5), in accordance
with statutory requirements, and authorize the Mayor and City Clerk to sign the
resolution.

    E. Revocation of NEZ Certificate at 307 Terrace Point Circle Economic
       Development
The City of Muskegon is requesting the revocation of the NEZ certificate at 307
Terrace Point Circle as the property owner no longer resides at the address.
The City of Muskegon is initiating the revocation of the NEZ certificate for 307
Terrace Point Circle in accordance with state law, as the property owner no
longer resides at the address for which the certificate was issued. City staff have
collaborated with the City Assessor's Office regarding the revocation. A letter
was sent by the Assessor's Office, and the owner subsequently called to confirm
that this is no longer their primary residence. The statutory requirement
mandates automatic revocation if the facility is no longer a homestead, as
defined by section 7a of the General Property Tax Act (1893 PA 206, MCL
211.7a).
“(3) The certificate for a homestead facility or new facility is automatically
revoked if the homestead facility or new facility is no longer a homestead as
that term is defined in section 7a of the general property tax act, 1893 PA 206,



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MCL 211.7a."
STAFF RECOMMENDATION: I move to revoke the Neighborhood Enterprise Zone
certificate for 307 Terrace Point Circle as the property no longer qualifies as a
homestead under state law, and authorize the Mayor and City Clerk to sign the
resolution.

    F. Revocation of NEZ Certificate at 308 Terrace Point Circle Economic
       Development

The City of Muskegon is requesting the revocation of the NEZ certificate at 308
Terrace Point Circle as the property owner no longer resides at the address. The
City of Muskegon is initiating the revocation of the NEZ certificate for 308
Terrace Point Circle in accordance with state law, as the property owner no
longer resides at the address for which the certificate was issued. City staff sent
a letter to the owner and later spoke with the owner's wife, who confirmed that
the owner is deceased, and she does not reside at 308 Terrace. The statutory
requirement mandates automatic revocation if the facility is no longer a
homestead, as defined by section 7a of the General Property Tax Act (1893 PA
206, MCL 211.7a).

 “(3) The certificate for a homestead facility or new facility is automatically
revoked if the homestead facility or new facility is no longer a homestead as
that term is defined in section 7a of the general property tax act, 1893 PA 206,
MCL 211.7a."
STAFF RECOMMENDATION: I move to revoke the Neighborhood Enterprise Zone
certificate for 308 Terrace Point Circle as the property no longer qualifies as a
homestead under state law, and authorize the Mayor and City Clerk to sign the
resolution.

    G. Muskegon Historic District Monument Conservation Project - City
       Contribution and Contract Award Planning
Staff is requesting authorization to increase the City contribution and enter into
a contract with The Tradesmen Group LLC in the amount of $110,278 to
complete recommended conservation work on the five Hackley Park
monuments, the McKinley monument, and the Kearny monument.
At the January 10, 2023, meeting, Commission approved the submittal of a
grant application to the State Historic Preservation Office (SHPO) for monument
conservation work at Hackley Park with a $15,000 local match funded through
the Public Art Maintenance fund. The City was awarded a $55,000 Certified
Local Government (CLG) grant and the Commission approved the grant
agreement and increased the local contribution to $50,000 at the August 22,
2023, meeting.



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One bid proposal was received from The Tradesmen Group LLC and staff is
recommending award of the services based on their experience with similar
projects, and proposed timeframe for completion of the conservation work.
Their $110,278 bid includes the grant-eligible conservation work for the five
monuments within Hackley Park as well as work on the McKinley monument and
the Kearny monument as they are of similar age and condition, but not eligible
for grant funds (McKinley is privately owned, and Kearny is outside the
designated historic district boundary).
With articulated or boom lifts and project cost increases, it is requested that the
City contribution, including match, be increased to $70,278. This amount is
available in the Public Art Maintenance fund and is not currently allocated.
STAFF RECOMMENDATION: I move to approve the increased City contribution
and authorize staff to enter into a contract with The Tradesmen Group, LLC. in
the amount of $110,278 to complete recommended conservation work on the
five Hackley Park monuments, the McKinley monument, and the Kearny
monument.

    I.   School Resource Officer Agreement with High School and Middle School
         Public Safety
School Resource Officer Agreement with High School and Middle School
Please review and approve the School Resource Officer Agreement proposed
for the employment of one Muskegon Police Department officer at both the
middle and high school for the 2024-2025 school year.
STAFF RECOMMENDATION: I move to approve the School Resource Officer
Agreements between the City of Muskegon and Muskegon Public Schools for
the 2024-2025 school year and authorize the Mayor to sign.

    K. 2025 Special Event Policy DPW- Parks and Recreation
Staff is seeking a proposed change to the Special Event Policy which would
allow only one event at Pere Marquette at a time.
Included is the Special Event Policy with the proposed change. A new
paragraph has been added to state: Only one event will be allowed at Pere
Marquette on any given date. If more than one event applies before February 1
for the same event date, the organizer who has held their event on the date
the longest will be able to claim the date. If more than one event applies after
February 1 for the same event date, the organizer who applied first will be
considered first for that date.
STAFF RECOMMENDATION: I move to approve the addition to the Special Event
Policy.

    L. Sale of 1451 Leahy Planning



                                  Page 5 of 15
Staff is requesting approval of a Purchase Agreement for 1451 Leahy.
1451 Leahy was constructed through the agreement with Dave Dusendang to
construct infill housing with ARPA funding. The offer is full listing price ($129,900)
with $0 seller concessions.
STAFF RECOMMENDATION: To approve the Purchase Agreement for 1451 Leahy.

    M. Sale of 1325 Terrace Planning
Staff is requesting approval of a Purchase Agreement for 1325 Terrace.
1325 Terrace was constructed through an agreement with Dave Dusendang to
construct infill housing with ARPA funding. The offer is for $159,434, which is
above the listing price of $149,900. The seller will contribute $8,994 of
the purchase price towards buyers' closing costs, pre-paid and discount points.
STAFF RECOMMENDATION: To approve the Purchase Agreement for 1325
Terrace.

    N. Background Investigation Services Bid Public Safety
Staff is seeking to authorize the award of Background Investigation Services to
Fias Investigations, LLC for pre-employment background checks.
The City of Muskegon Police Department performs background checks as part
of the City's pre-employment process for both sworn and civilian employees. A
background check is processed prior to a candidate being selected for hire.
This includes, but is not limited to inquiring about one's criminal, employment
and credit history. Currently, the Neighborhood Police Unit officers perform all
background checks needed for employment at the City of Muskegon. This task
has become time-consuming for full-time officers to complete and has taken
away from their duties as neighborhood officers. The City of Muskegon Police
Department is recommending outsourcing this task to a private company for
various reasons including:

    • Reduced Bias and Increased Objectivity: Private companies may approach
      background investigations with a more objective, neutral stance, free
      from internal biases.

    • Improved Efficiency: Many private companies specialize in background
      checks, often with streamlined processes and dedicated resources for this
      specific function. They may complete investigations faster than a busy
      police department where officers may have multiple competing
      responsibilities.

    • Cost Savings: Outsourcing to a private company may be more cost-
      effective for some agencies, especially if they lack the resources to
      dedicate full-time officers to this task. This can reduce the financial



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      burden of hiring, training, and supervising officers specifically for
      background checks.

    • Better Use of Police Resources: By outsourcing background checks, the City
      of Muskegon Police Department can free up officers to focus on their
      core responsibilities, like community policing and criminal investigations,
      which are often more pressing for public safety.

    • Specialized Expertise: Private companies may have investigators with
      specialized skills in conducting thorough background checks, including
      deep dives into financial records, employment history, and social media.
      This expertise can enhance the depth and quality of the investigation.

The only bidder, Fias Investigations, LLC has estimated that each background
investigation would take 30 hours at a rate of $80 per hour and not to exceed
40 billable hours with no more than $200 for administrative fees and web-based
searches. The City of Muskegon Police Department estimates that no more than
8 background checks will be needed for potential City of Muskegon employees
by June 30, 2025.
STAFF RECOMMENDATION: I move to award the Background Investigations
Services contract to Fias Investigations, LLC to provide pre-employment
background checks for the City of Muskegon.

    O. Sprint Cellular Antenna Lease Renewal Public Works
Staff requests authorization to enter into a 10 year lease renewal agreement
with up to 20 years of extension options with SprintCom, LLC for space on and
near the Nims water tower for a cellular antenna and related equipment.
Commission authorized Maralat, LLC, a cellular antenna industry consultant, to
enter into negotiations on the City's behalf with Sprint for renewal of their lease
on the Nims water tower. Staff, legal counsel and Maralat have been working
with Sprint to finalize the terms of a lease extension and have reached an
agreement as presented in the lease agreement. The table below summarizes
the terms in both the prior lease and this proposed extension.

Component                          Prior Lease      Proposed Renewal
Rental Rate (Monthly)              $2,874.64        $3,250
Annual Escalation                  3%               3%
Commencement Date                  N/A              September, 2024
Expiration Date (With              November 13,     November 12, 2055
Extensions)                        2025
Termination Fee (Initial 10-Year   None             100% of Rent
Term)



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Equipment Upgrade Fee           None            $325 per Month Per New
                                                Antenna
Administrative Signing Bonus None               $7,500
STAFF RECOMMENDATION: Authorize staff to enter into a 10 year lease renewal
agreement with up to 20 years of extension options with SprintCom, LLC for
space on and near the Nims water tower for a cellular antenna and related
equipment.

    P. Rezoning of 1095 3rd St from B-2 to FBC, NC. Planning (REQUIRES SECOND
       READING)
Staff initiated request to rezone a portion of 1095 3rd Street from Convenience
Comparison Business (B-2), to Form Based Code, Neighborhood Core.
The City of Muskegon recently sold the former “Catholic Charities” property at
the corner of 3rd/Houston. The developer plans to rehab the existing building
into apartments and to also add additional residential units, such as rowhouses,
on the vacant portion of land along Houston Ave. The portion of the property
that contains the existing building is zoned Form Based Code, Mainstreet. Staff is
proposing to rezone the current B-2 portion of the property to Form Based Code,
Neighborhood Core. Staff believes this zoning designation would allow the most
flexibility for different types of housing units, as the addition is still being
designed.
The Planning Commission unanimously voted (7-0, 2 absent) to recommend
approval of the rezoning.
STAFF RECOMMENDATION: I move to approve the request to rezone the
property at 1095 3rd St from B-2, Convenience and Comparison Business to Form
Based Code, Neighborhood Core.

    W. Lumberjacks Eight Amendment - Assignment Manager's Office
The Muskegon Lumberjacks are requesting an amendment be adopted
regarding the circumstances in which their Shared Use Agreement could be
assigned to a third party.
In light of the significant improvements the Lumberjacks have made to Trinity
Health Arena, they are requesting that specific circumstances be detailed as to
when their Participation Agreement could be assigned to a third party, which
would be a financial default on the part of the Lumberjacks. This is being
requested now because of the team's new ownership and their desire to
insulate their investment in Muskegon.
STAFF RECOMMENDATION: To approve the Eight Amendment to the Muskegon
Lumberjack's Shared Use Agreement and authorize the Clerk and Mayor to sign.

    X. EGLE Grant Development Agreement, City of Muskegon and Muskegon


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       Limited Dividend Housing Association, Lofts of Muskegon, 122 W.
       Muskegon Ave. Economic Development ITEM REMOVED FROM AGENDA
Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to adopt the
Consent Agenda as presented minus items B, H, J, Q, R, S, T, U, and V.
ROLL VOTE: Ayes: Johnson, Kilgo, German, Gorman, Kochin, and St.Clair
           Nays: None
MOTION PASSES

2024-97 ITEMS REMOVED FROM THE CONSENT AGENDA

   B. Beach Parking Pass Price Adjustments Manager's Office
Staff is requesting updated pricing for beach parking passes.
After reviewing data on attendance and passes sold, the Parking Committee is
recommending changes to the pay structure for beach parking passes.
Placer.ai data indicates that Tuesdays and Wednesdays are the days when
attendance is lowest, and on Wednesdays attendees are more likely to be
local. Our beaches remain very popular on the weekends when daily fees are
higher. In an effort to spread attendance across all weekdays, we recommend
the following price structure.
Monday, Tuesday, Thursday daily pass - $10
Wednesday daily pass - FREE
Friday through Sunday daily pass - $20
Season pass - $40
Ticket fees will be adjusted separately once price changes are finalized.
STAFF RECOMMENDATION: To approve the beach parking pass prices as
presented.
Motion by Commissioner Kochin, second by Commissioner Kilgo, to approve
the beach parking pass prices as presented.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, German, Gorman, and Kochin
           Nays: None
MOTION PASSES

   H. Taste of Muskegon Transition Agreement - LAB Events DPW- Parks
LAB Events has requested the transition of ownership of Taste of Muskegon from
the City of Muskegon Parks & Recreation Department. An agreement to outline
that transition is for consideration and approval.
Taste of Muskegon is entering its 19th year. Prior to becoming a City Event in
2018, the festival was part of the Downtown Muskegon Now group. Taste of
Muskegon is a 2-day food and beverage festival taking place in and around


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Hackley Park. Around 30 Muskegon-area restaurants and food vendors line
streets where they sell sample-sized portions of their menu items for patrons to
"taste" in hopes of drawing people into their businesses regularly. Expenses are
between $90,000-$100,000 a year and revenues have generally been around
$140,000-$150,000. Taste of Muskegon does not pay any of its committee
members.
When the City started running this event, it ran out of the Clerk's office where
the 1-2 Event Planners were housed at the time. The event moved with the
Event Planners to Parks & Recreation in 2023 when they transferred
departments. Neither of the staff members' time or salaries for organizing and
executing the event are reflected in the event's budget. The Recreation
Coordinators spend over 25% of their working hours planning this event. A
transition would be a drastic improvement in the capacity for the Parks &
Recreation department to provide recreation programs for the community.
The LAB team has requested $25,000 for seed money for this event. This request
is due to the high level of standard the event has, to build up the infrastructure
for the events to maintain and continue at this level and for a safety net for a
rainout. The request is only for the first year and not an ongoing funding source.
 The contract states that if LAB fails to produce the event the City of Muskegon
would be reimbursed at a rate of $12,500 per year for the first 2 years and all
assets would be surrendered. A budget amendment will be needed to reflect a
reduced budget for Taste this FY, as the DDA had $90,000 budgeted and only
$25,000 is necessary. The requested funding would be from Taste of Muskegon
profits that DDA holds and not out of the City operations budget.
STAFF RECOMMENDATION: Authorize staff to enter into the agreement with LAB
events for the rights to Taste of Muskegon.
Motion by Commissioner Kochin, second by Commissioner German, to
authorize staff to enter into the agreement with LAB events for the rights to Taste
of Muskegon.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, German, and Gorman
           Nays: Kochin
MOTION PASSES

    J. Amendment to the Professional Services Agreement between SAFEBuilt
       Michigan, LLC Public Safety
The Director of Public Safety requests a one-year extension of the Professional
Service Agreement between the City of Muskegon and SAFEBuilt Michigan, LLC
to provide building and inspection services.
The current Professional Services Agreement between the City of Muskegon and
SAFEBuilt Michigan, LLC began December 1, 2016, and ends on December 31,
2024. This amendment would include a one-year extension to the agreement,



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an increase in fees recouped by the City of Muskegon from 18% to 20% and an
increase in rent paid to the City of Muskegon at $4,972.50 per month.
STAFF RECOMMENDATION: I move to authorize the amendment to the
Professional Services Agreement between the City of Muskegon and SAFEBuilt
Michigan, LLC ending on December 31, 2025, and authorize staff to sign.
Motion by Commissioner Kochin, second by Commissioner Kilgo, to authorize
the amendment to the Professional Services Agreement between the City of
Muskegon and SAFEBuilt Michigan, LLC ending on December 31, 2025, and
authorize staff to sign.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and German
           Nays: None
MOTION PASSES

    Q. 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.
       SECOND READING 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 be 70% for buildings and 20% for pavement. During the first
reading, the Maximum Lot Coverage requirements were amended to include a
statement that "when a lot is covered over 80% by the combination of buildings
and pavement, the remaining amount of pavement allowed must be pervious."
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 German, second by Commissioner Kilgo, to approve
the request to amend Section 404 of the zoning ordinance as presented.
ROLL VOTE: Ayes: Gorman, St.Clair, Johnson, and Kilgo
           Nays: German, and Kochin



                                  Page 11 of 15
MOTION PASSES

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

    S. Amendment to Article II of the zoning ordinance to create a definition for
       accessory dwelling unit. SECOND READING 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.
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 German, 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



                                 Page 12 of 15
MOTION PASSES

    T. Amendment to Article IV of the zoning ordinance to remove R-2 and R-3
       districts and rename the single-family residential district. SECOND
       READING 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-
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 German, second by Commissioner Kochin, to approve
the request to amend Article IV of the zoning ordinance as presented.
ROLL VOTE: Ayes: Johnson, Kilgo, Gorman, Kochin, and St.Clair
           Nays: German
MOTION PASSES

    U. Amendment to Section 2326 of the zoning ordinance to reduce the
       minimum number of parking spaces for single-family and multi-family
       dwelling units. SECOND READING 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 German, second by Commissioner Kochin, to approve
the amendments to Section 2326 of the zoning ordinance as presented.



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ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, and Gorman
           Nays: German and Kochin,
MOTION PASSES

    V. Amendment to Article XX of the zoning ordinance to allow the
       conversion of single-family houses into duplexes and triplexes. SECOND
       READING Planning
This is a staff-initiated request to make minor amendments to the design criteria
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. the Planning
Commission Excerpt 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 German, second by Commissioner Kilgo, to approve
the amendments to Article XX of the zoning ordinance as presented.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, German, and Gorman
           Nays: None
MOTION PASSES

2024-98 NEW BUSINESS

    A. Housing Board of Appeals - Demolition of 1101 Pine St Public Safety
To concur with the Housing Board of Appeals decision to deem 1101 Pine St. a
dangerous building and authorize Melching, Inc. as the lowest bidder to
execute the demolition.
1101 Pine St was brought to the attention of staff in February 2024. After
performing an exterior inspection, it was apparent the structure was in fact a
dangerous building. Deficiencies noted in that report, from failing roof frame to
failing foundation members, the greatest cause for concern being the structure
had begun to cave in on itself from excessive water damage and decay in a
roof valley. All appropriate notices and orders were sent to the property owner.
At their September meeting, the Housing Board of Appeals recommended that
the building be taken down. The building appears to be deteriorating at an
increasingly fast rate, and staff have concerns that it could collapse even
before the commission meeting on Nov. 26. Staff went ahead and requested



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bids for the demolition, with Melching, Inc. coming in the lowest bid at $97,000.
STAFF RECOMMENDATION: I move to approve the demolition of 1101 Pine St by
Melching, Inc.
Motion by Commissioner Kilgo, second by Commissioner Kochin, to approve
the demolition of 1101 Pine St by Melching, Inc.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and German
           Nays: None
MOTION PASSES

ANY OTHER BUSINESS
Commissioner Kochin stated the Tree Lighting Ceremony is November 30th at 6
p.m.
Mayor Johnson added that he will be presenting the Key to the City to Santa at
the Tree Lighting. There is also the Glow Event happening downtown, they are
encouraging people to come down at 5 p.m. for caroling, coffee and cookies.
The Lakeshore Legacy Project is encouraging people to bring canned goods for
donation.
Commissioner Kilgo also mentioned the Lakeshore Legacy Project and what
they are doing downtown in regards to the Glow Event.
Mayor Johnson stated Lakeside is decorated, and they will have a Tree Lighting
on December 7th at 5:30 p.m.
Commissioner German has received positive feedback reference the alley
being paved between 5th and 6th Streets and thanked Director VanderHeide.
PUBLIC COMMENT ON NON-AGENDA ITEMS
Public comments received.

ADJOURNMENT
The City Commission meeting adjourned at 7:55 p.m.


                                       Respectfully Submitted,



                                       Ann Marie Meisch, MMC City Clerk




                                  Page 15 of 15

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