View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 25, 2017 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Sale of Unbuildable Vacant Lot at 1251 E. Laketon Avenue Planning &
Economic Development
C. Telephone System Upgrade Information Technology
D. Muskegon Public Schools “Youth Basketball League” and “Growing
Goods” Funding Agreement Planning & Economic Development
E. Fleet Replacement Vehicle DPW/Equipment
F. Leaf Vac DPW/Equipment
G. Annex HVAC Replacement City Manager
H. Grant Authority to CNS Director to Purchase HUD Homes for Homebuyer
Program Community & Neighborhood Services
□ PUBLIC HEARINGS:
A. Public Hearing for the 2017 Action Plan Community & Neighborhood
Services Department
□ COMMUNICATIONS:
Page 1 of 2
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Approval of Sale of City-owned Home at 2112 Sampson Community
& Neighborhood Services Department
B. Approval of a Neighborhood Enterprise Zone Certificate – 285 W.
Western Avenue Planning & Economic Development
C. Approval of a Neighborhood Enterprise Zone Certificate – 275 W. Clay
Avenue Planning & Economic Development
D. Amendment to the Zoning Ordinance – Form Based Code, Urban
Residential Planning & Economic Development
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Date: April 18, 2017
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the April 10, 2017
Worksession Meeting and the April 11, 2017 Regular City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, April 10, 2017
5:30 p.m.
Muskegon City Commission Chambers
933 Terrace Street, Muskegon, MI 49440
MINUTES
2017-28
Present: Warren, German, Johnson, Gawron, Rinsema-Sybenga, and
Hood (arrived at 6:32 p.m.)
Absent: Turnquist
Bee Ordinance
Mike Franzak, Planning Manager, gave an overview of some ideas for a Bee Keeping
Ordinance. Representative from Grand Haven and Holland we in attendance and
presented information regarding their ordinances. Grand Haven modeled their
ordinance after Holland – the process was explained.
Neighborhood Empowerment Program
Frank Peterson explained the proposed program which would allow Neighborhood
Associations to take care of vacant lots and in return they could earn funds for programs
in their neighborhoods.
Adjournment
Moved by Johnson, second by German, to adjourn the meeting at 7:32 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC
City Clerk
Commission Meeting Date: April 25, 2017
Date: April 18, 2017
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Sale of Unbuildable Vacant Lot at 1251 E Laketon
Ave.
SUMMARY OF REQUEST:
To approve the sale of the vacant, unbuildable lot at 1251 E Laketon Ave to Emerald City,
LLC, owners of the adjacent property at 1249 E Laketon Ave. They would like to acquire the
property so that they may combine them and put an addition on to the back of the existing
building. They have offered $600 for the parcel.
FINANCIAL IMPACT:
The sale of this lot will generate additional tax revenue for the City.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed.
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF AN UNBUILDABLE LOT AT 1251 E LAKETON AVE FOR $600.
WHEREAS, Emerald City, LLC will be allowed to purchase the parcel designated as number 24-133-200-0003-
00, located at 1251 E Laketon Ave for $600; and
WHEREAS, Emerald City, LLC will combine this with the property they own at 1249 E Laketon Ave; and
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of further
maintenance costs; and
NOW THEREFORE BE IT RESOLVED, that parcel number 24-133-200-0003-00, located at 1251 E Laketon
Ave be, sold to Emerald City, LLC for $600
CITY OF MUSKEGON SEC 33 T10N R16W COM AT NW COR OF NW 1/4 OF NE 1/4 TH E 330 FT TH
S 165 FT FOR POB TH W 100 FT TH S 29 FT TH E 100 FT TH N 29 FT TO POB
Adopted this 25th day of April, 2017.
Ayes:
Nays:
Absent
By: _________________________
Stephen J. Gawron
Mayor
Attest: ________________________
Ann Meisch, MMC
City Clerk
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City
Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on April 25,
2017.
By: ________________________
Ann Meisch, MMC
City Clerk
2
Background Info
Our property at 1251 E Laketon Ave is outlined in red. The building at 1249 E Laketon is
located just to the north.
The property has a True Cash Value of $10,000. However, it is actually considered non-
buildable because it doesn’t meet the minimum size requirements and also does not have
any road frontage. The city acquired the property from the DNR in 1995 and hasn’t used it
for anything (to our knowledge) since. The property measures 27’ x 98’, which totals 2,646
sf (about 6% of an acre). We usually sell buildable industrial land for about $10,000 per
acre, so staff feels this is a fair price.
The new owner of 1249 E Laketon Ave would like to convert the property into retail space. It
is the location of the former Bernie’s Transmission. They will be working with Muskegon
Township on extending an addition to the east, on to a property located in Muskegon
Township. They would also like to use our property at 1251 E Laketon for a small addition
on the back.
3
Date: April 25, 2017
To: Honorable Mayor and City Commissioners
From: Information Technology
RE: Telephone System Upgrade
SUMMARY OF REQUEST: A mandatory upgrade to our telephone system is required. Currently
our telephone system is connected to Central Dispatch’s system. Our system is redundant with
Central Dispatch. If you recall, this current system is saving the City one million dollars over a
ten year period of time. At one time the City’s telephone bills were $10,000 each month, but
we have been able to reduce those lines to just $20,000 a year. This upgrade is mandatory and
Cisco will discontinue support in July.
FINANCIAL IMPACT: $35,537
BUDGET ACTION REQUIRED: A budget adjustment will be needed in the third quarter
reforecast.
STAFF RECOMMENDATION: Staff recommends approval of the upgrade to the current Cisco
System as requested and authorize staff to sign the agreement.
Commission Meeting Date: April 25, 2017
Date: April 18, 2017
To: Honorable Mayor and City Commission
From: Planning and Economic Development Department
Re: Muskegon Public Schools “Youth Basketball League” and
“Growing Goods” Funding Agreement
____________________________________________________________
SUMMARY OF REQUEST: The City of Muskegon (“City”) is recommending
approval of the attached Agreement with Muskegon Public Schools for the
management of the Youth Basketball League and Open Gym and “Growing
Goods” programs for 2017. It is the mission of Muskegon Public Schools to
provide the best for every child every day. With the support of the City of
Muskegon the programs continue to promote the fundamental core values of
respect, health and integrity, and sportsmanship, as well as providing a safe,
welcoming and healthy environment for the youth.
This Agreement is consistent with the memo sent to City Commission by the
former Director of Community & Economic Development in December 2016. It is
proposed that the City provide $20,000 towards the program’s management for
2017, for the “Youth Basketball League” ($18,500.00) and “Growing Goods”
($1,500.00) programs.
FINANCIAL IMPACT: The funding will be disbursed from the 2017-2018
Community Development Block Grant/Leisure Services fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the Muskegon Public Schools
Funding Agreement.
CITY OF MUSKEGON
YOUTH RECREATION FUNDING AGREEMENT
MUSKEGON PUBLIC SCHOOLS
YOUTH BASKETBALL LEAGUE AND OPEN GYM & GROWING GOODS
This is a Contract, effective April 25, 2017, for the management of “Youth Basketball League and
Open Gym” and “Growing Goods” (“Programs”) programs, made between the City of Muskegon, a
Michigan municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440 (“City”) and
Muskegon Public Schools, 349 W Webster Ave., Muskegon, MI 49440 (“Manager”).
Therefore, the parties agree as follows:
1. Management; Operation; Maintenance; Improvements. The Manager agrees to perform
all acts and assume all responsibilities for the management and operation of the Programs. The
Manager's responsibilities include, but are not limited to, all operations of program sites,
including staff oversight, supplies and equipment.
2. Expenses. The Manager shall pay on a timely basis, without incurring any cost of default or
penalties, all expenses, payroll, payroll taxes, benefits, taxes, if any, and costs of any kind
necessary or related to the complete performance of its responsibilities as Manager.
3. Manager; Agency Status. The Manager shall carry on the responsibilities set forth above,
and all incidental or related performances, functions or acts, and shall pay all the said expenses
and costs, all on behalf of the City.
4. Level of Performance; Standards; Prices. The Manager's performance and assumption of
the responsibilities undertaken by this Contract shall be carried out and performed to the
satisfaction of the City, in its sole judgment and discretion.
5. Participants. It is the intent of the City that the Programs are open to all youth, ages 6- 18
years-of-age.
6. Reports. The Manager shall provide the City with a mid-term, and final report, detailing all
income and expenditures and program activities. Manager shall also provide the City with a
copy of the participant log at the conclusion of the program year.
7. Management Fee. For its management of the programs, the Manager shall be paid $20,000.
The funds shall be allocated as follows:
• $18,500.00 - Youth Basketball League and Open Gym
• $1,500.00 - Growing Goods
The said management fee shall be the sole compensation to the Manager, and Manager shall
pay all the expenses contemplated by this Contract without further payments from the City.
8. Term. The term of this Contract shall be two (2) years from the effective date, provided that
either party may terminate this Contract without cause, effective upon 60 days written notice
to the other party.
9. Assignment. The Manager may not assign this Contract without prior approval of the City.
Any attempted assignment or change in entity of the Manager shall constitute a violation of
this Contract and cause immediate termination in the City's discretion.
10. Hold Harmless and Indemnity. To the fullest extent permitted by law, Manager agrees to
defend, pay in behalf of, indemnify, and hold harmless the City, its elected and appointed
officials, employees and volunteers and others working in behalf of it against any and all
claims, demands, suits, or loss, including all costs connected therewith, and for any damages
which may be asserted, claimed or recovered against or from the City, its elected and appointed
officials, employees, volunteers or others working in behalf of it, by reason of personal injury,
including bodily injury and death and/or property damage, including loss of use thereof, which
arises out of or is in any way connected or associated with this Contract.
11. No Third Party Beneficiary. This Contract shall benefit only the parties to this Contract, and
not any third party.
12. Notices. All notices, approvals, consents and other communications required under this
Contract shall be in writing and, except when receipt is required to start the running of a period
of time, shall be deemed given: (i) when delivered in person; (ii) when sent by telephone
facsimile or e–mail, (the sender shall also mail or send a “hard copy” following the facsimile
or e-mail, however, the notice shall be effective upon the transmission of the facsimile or e-
mail); (iii) one (1) day after depositing in the custody of a nationally-recognized receipted
overnight delivery service with delivery fees prepaid; or, (iv) two (2) days after posting in the
United States Mail, first-class. Notices shall be sent to the parties at their address stated above.
MUSKEGON PUBLIC SCHOOLS
By:
Justin Jennings, Superintendent
Dated: ______________ ___, 2017
CITY OF MUSKEGON
By:_____________________________
Stephen Gawron, Mayor
Dated: ______________ ___, 2017
By:_____________________________
Ann Marie Meisch, City Clerk
Dated: _______________
Date: 4/25/2017
To: Honorable Mayor and City Commissioners
From: DPW/Equipment
RE: Fleet Replacement Vehicle
SUMMARY OF REQUEST:
The Equipment Division is requesting permission to purchase one (1) F-250 Pickup
from Gorno Ford the Mi-Deal State contract holder. Cost for this vehicle is $25,654.00
coming from the Equipment Division fund.
FINANCIAL IMPACT:
$25,654.00
BUDGET ACTION REQUIRED:
None. Amount is what was budgeted.
STAFF RECOMMENDATION:
Authorize staff to purchase one (1) F-250 Pickup from Gorno Ford the Mi-Deal State
contract holder.
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2017\042517\07a_Commission approval - F-250
purchase 4-25-17.doc
Date: 4/25/2017
To: Honorable Mayor and City Commissioners
From: DPW/Equipment
RE: Leaf Vac
SUMMARY OF REQUEST:
The Equipment Division is requesting permission to purchase one (1) Leaf Vac coming
from Fredrickson Equipment Supply the sole source dealer for this brand of equipment.
Cost for this Vac. is $29,000.00 coming from the Equipment Division fund.
FINANCIAL IMPACT:
$29,000.00
BUDGET ACTION REQUIRED:
None. Amount is what was budgeted.
STAFF RECOMMENDATION:
Authorize staff to purchase one (1) Leaf Vac coming from Fredrickson Equipment Supply
the sole source dealer for this brand of equipment.
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2017\042517\08_Commission approval - Leave Vac. 4-
25-17.doc
AGENDA ITEM NO. ______________
CITY COMMISSION MEETING ________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: April 19, 2017
RE: Annex HVAC Replacement
SUMMARY OF REQUEST:
The Commission previously approved the replacement of certain components of the HVAC
system in the Annex. The original estimates were set near $42,000. The project has been
completed and did require some scope changes. The updated final cost of the replacement is
$52,635.
FINANCIAL IMPACT:
$52,635 from the Public Improvement Fund
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To authorize staff to award the HVAC replacement project to Northside Heating & Cooling.
COMMITTEE
RECOMMENDATION: None.
Commission Meeting Date: April 25, 2017
Date: April 24, 2017
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Grant Authority to CNS Director to purchase HUD
Homes for Homebuyer Program
SUMMARY OF REQUEST: To grant authority to the Director of
Community and Neighborhood Services to bid on and enter into
agreements to purchase property, on behalf of the City of Muskegon, for
rehabilitation. Properties will be used to sell to eligible buyers through
the Homebuyer Program.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To authorize the Director of Community
and Neighborhood Services, Oneata Bailey, to bid on and enter into
agreements to purchase HUD Homes on behalf of the City of
Muskegon.
COMMITTEE RECOMMENDATION: None
MUSKEGON CITY COMMISSION
RESOLUTION FOR AUTHORIZATION TO SUBMIT BIDS TO HUD FOR
THE PURCHASE OF
HOMES OFFERED TO GOVERNMENT AGENCIES
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting
homeownership throughout its neighborhoods;
NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
grants authority to the Director of Community and Neighborhood Services,
to bid on and enter into agreements to purchase property, on behalf of the
City of Muskegon, for homes owned by HUD for the Home-Buyer
Program.
Adopted this 25th of April, 2017.
Ayes:
Nays:
By ______________________________
Stephen J. Gawron, Mayor
By ______________________________
Ann Marie Meisch, MMC City Clerk
Commission Meeting Date: April 25, 2017
Date: April 17, 2017
To: Honorable Mayor and City Commission
From: Community and Neighborhood Services Department
RE: Public Hearing for the 2017 Action Plan
__________________________________________________________________
SUMMARY OF REQUEST: To conduct a public hearing on April 25, 2017 to
receive comments from the public concerning the 2017 Action Plan developed
by the Community and Neighborhood Services department.
After the public hearing, all comments received during the 30 day comment
period (April 17- May 16) will be documented and included in the plan as
required.
FINANCIAL IMPACT: The City is required to submit the Annual Action Plan to
receive 2017 allocations of CDBG and HOME Investment Partnership
Programs.
BUDGET ACTION REQUIRED: NONE
STAFF RECOMMENDATION: To direct staff to gather comments from the
public and to submit the 2017 Action Plan to HUD after the public comment
period.
Commission Meeting Date: April 25, 2017
Date: April 18, 2017
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services Department
RE: Approval of Sale of City-owned home at 2112 Sampson
SUMMARY OF REQUEST: To approve the attached resolution and instruct
the Community and Neighborhood Services department to complete the sales
transaction with Kelma Smajic-Adams for the newly constructed home at 2112
Sampson Ave: purchase price $158,000.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of affordable homes through the HOME program and provide
funding for our Homebuyer’s Assistance Program.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS
staff to complete the sale.
COMMITTEE RECOMMENDATION: None.
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE SALE OF
HUD PROPERTY AT 2112 SAMPSON AVE
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting
homeownership throughout its neighborhoods;
NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approves the sale of the property at 2112 Sampson Ave to Kelma Smajic-
Adams. This home has been newly constructed by Community and
Neighborhood Services Department through the Home-Buyer Program.
Adopted this 25th of April, 2017.
Ayes:
Nays:
By ______________________________
Stephen J. Gawron, Mayor
By ______________________________
Ann Marie Cummings, MMC City Clerk
AM_Resolution
Commission Meeting Date: April 25, 2017
Date: April 20, 2017
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Approval of a Neighborhood Enterprise Zone Certificate – 285 W
Western Ave
SUMMARY OF REQUEST:
An application for a Neighborhood Enterprise Zone Certificate has been received from
Parkland Muskegon, Inc. for the conversion of vacant commercial space to 47 market-
rate apartments at 285 W Western Ave. The estimated project cost is $168,900 per
unit. The property was approved as a Neighborhood Enterprise Zone District on
December 13, 2016. The applicant has met local and state requirements for the
issuance of the NEZ certificate. They have requested the maximum 15 years for the
exemption.
FINANCIAL IMPACT:
The taxes on the apartment portion of the project will be frozen at the pre-rehabilitated rate
for 15 years, with a three-year phase out (they will receive 75% of the abatement in year 13,
50% in year 14 and 25% in year 15).
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the NEZ certificate for 15 years.
COMMITTEE RECOMMENDATION:
None
4/20/2017
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate for a rehabilitation
facility has been filed with the City Clerk by Parkland Muskegon, Inc. to rehabilitate their
building from vacant commercial space to market-rate residential apartments at 285 W Western
Ave in the “Hackley Union Bank” Neighborhood Enterprise Zone District, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for fifteen (15)
years and no extensions will be granted;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the rehabilitation facility for apartments at 285 W Western Ave by Parkland
Muskegon, Inc. be approved.
Adopted this 25th day of April, 2017.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
City Clerk
4/20/17
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on April 25, 2017.
By: ________________________
Ann Meisch
City Clerk
4/20/17
Commission Meeting Date: April 25, 2017
Date: April 20, 2017
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Approval of a Neighborhood Enterprise Zone Certificate – 275 W
Clay Ave
SUMMARY OF REQUEST:
An application for a Neighborhood Enterprise Zone Certificate has been received from
Berkshire Muskegon LDHA, LLC for the 16 market rate units in their proposed mixed-
use development at 275 W Clay Ave. The estimated project cost is $183,864 per unit.
The property was approved as a Neighborhood Enterprise Zone District on February 14,
2017. The certificate would only apply to the 16 market rate units and not the 68
subsidized residential units or commercial units.
FINANCIAL IMPACT:
One-half of the previous year’s state average principal residence millage rate will be applied
to the value of the facility for a duration of 15 years, with a three-year phase out (they will
receive 75% of the abatement in year 13, 50% in year 15 and 25% in year 15).
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the NEZ certificate for a duration of 15 years.
COMMITTEE RECOMMENDATION:
None
4/20/2017
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate for a new facility has
been filed with the City Clerk by Berkshire Muskegon LDHA, LLC to construct new market-rate
residential apartments at 275 W Clay Ave in the “Berkshire Muskegon” Neighborhood
Enterprise Zone District, and;
WHEREAS, the Neighborhood Enterprise Zone Certificate will only be applied to the 16
market-rate apartment units in the mixed-use development, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for fifteen (15)
years and no extensions will be granted;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for a new facility for the market-rate apartments at 275 W Clay Ave by
Berkshire Muskegon LDHA, LLC be approved.
Adopted this 25th day of April, 2017.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
City Clerk
4/20/17
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on April 25, 2017.
By: ________________________
Ann Meisch
City Clerk
4/20/17
Commission Meeting Date: April 25, 2017
Date: April 20, 2017
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the Zoning Ordinance – Form Based Code,
Urban Residential
SUMMARY OF REQUEST:
Staff initiated request to amend the Form Based Code, Urban Residential Context
Area section of the zoning ordinance to allow small multi-plex buildings for multi-
family uses.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:
The Planning Commission unanimously recommended approval of the ordinance
amendment, with two members absent.
PLANNING COMMISSION EXCERPT
STAFF REPORT
April 13, 2017
SUMMARY
1. The Urban Residential Context Area of the Form Based Code currently allows the following building
types: live/work, rowhouse, duplex, detached building (single family), and carriage house.
2. Staff is proposing to also allow small multi-plex building types as well. This building type allows up
to six units, as long as they meet the minimum dwelling unit size (650 sf for 1 bedroom, 875 sf for 2
bedroom, 1200 sf for 3 bedroom).
3. It would also be required that each small multi-plex be at least two stories (three max) and have a
minimum lot width of 50 feet.
4. Please see the enclosed documents that show where the Form Based Code document would have to
be modified in order to accommodate this change. Changes are circled in purple.
5. Please see the enclosed excerpt of the Small Multi-Plex building types allowed in the Form Based
Code.
Current Location of Urban Residential Context Areas (highlighted in yellow)
Proposed additions have been circled
Examples of Small Multi-Plex Buildings
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend the Form Based Code, Urban Residential Context Area of the zoning ordinance
to allow small multi-plex building types under certain circumstances.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
NEW LANGUAGE
Additions have been circled.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
25th day of April, 2017, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with the
Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept
and will be or have been made available as required thereby.
DATED: ___________________, 2017. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on April 25, 2017, the City Commission of the City of Muskegon adopted an
ordinance to amend the Form Based Code, Urban Residential Context Area of the zoning ordinance to
allow small multi-plex building types under certain circumstances.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2017. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
9
Sign up for City of Muskegon Emails