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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 9, 2018 @ 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:
A. Recognition of the Muskegon Big Reds Football team as the 2017 Division 3
State Champions
B. Recognition of La’Darius Jefferson as the 2017 MHSAA High School Football
Player of the Year
□ INTRODUCTIONS/PRESENTATION:
A. Dr. Arbulu – Racial Equity Presentation
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Bicycle Ordinance – SECOND READING City Manager
C. Amendment to the Zoning Ordinance – Critical Dunes – SECOND READING
Planning & Economic Development
D. Adopt a Resolution Approving the Liquor License Application for EAT1635,
LLC for a Class C Liquor License at 1635 Beidler City Clerk
E. Approval of Neighborhood Enterprise Zone Certificate – 1173 4th Street
Planning & Economic Development
F. Ryerson Creek – Clean-up Efforts and Resolution in Support Department
of Public Works
G. City Hall East Entrance Roof Replacement Department of Public Works
Page 1 of 2
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
□ 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
Memorandum
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: January 4, 2018
Here is a quick outline of the items on our agenda(s):
REMINDER – THESE ARE THE ONLY MEETINGS SCHEDULED FOR DECEMBER
WORK SESSION
1. There is nothing on the agenda, as we will be moving straight into the CRC Meeting to
discuss board appointments.
REGULAR MEETING
1. Under Honors and Awards we will honor the Big Reds football team for winning the state
championship and we will be honoring player La’Darius Jefferson for being recognized as
the 2017 MHSAA High School Football Player of the Year.
2. Under Presentations, we will hear from Dr. Arbulu on the topic of Racial Equity. Dr. Arbulu
is visiting from the Michigan Civil Rights Commission.
3. Under the Consent Agenda, we are asking the Commission to consider the following:
a. Approval of meeting minutes from the most-recent City Commission meeting.
b. We will have the second reading of the bicycle ordinance.
c. We will have the second reading of the critical dune ordinance.
d. We are seeking approval for a liquor license (Class C) for the new goulash
restaurant located at 1635 Beidler.
e. We are seeking approval of a Neighborhood Enterprise Zone Certificate.
f. We are seeking an official resolution of support from the City Commission related
to clean up efforts at Ryerson Creek.
g. We are seeking approval for the replacement of a section of roof at city hall. We
would like to undertake the work in the spring.
Let me know if you have any questions/comments/concerns
City of Muskegon
State of Michigan
CERTIFICATE OF RECOGNITION
WHEREAS; it gives me a great deal of pleasure to express to all the
members of the Muskegon High School Big Reds
Football team our sincere admiration for an exciting,
hard-fought, and successful season; and
WHEREAS; under the guidance of Coach Shane Fairfield, we
congratulate the Muskegon High School Big Reds
Football Team on their 2017 Division III State
Championship; and
WHEREAS; this fine team of young men demonstrated an
outstanding spirit of dedication, enthusiasm and hard
work;
NOW THEREFORE BE IT RESOLVED, that I, Mayor Gawron
speaking on behalf of the City Commission and entire
community deem it an honor and pleasure to present
this Certificate of Recognition to the Big Reds football
team for a remarkable year in football.
IN WITNESS WHEREOF, I have hereunto set my hand and cause
the seal of the City of Muskegon to be affixed this 9th
day of February 2018.
____________________________
Stephen J. Gawron
Mayor
City of Muskegon
State of Michigan
CERTIFICATE OF RECOGNITION
WHEREAS; it gives me a great deal of pleasure to express to
La’Darius Jefferson our sincere admiration and
congratulations for his outstanding achievement in
being named High School Football Player of the Year;
and
WHEREAS; La’Darius Jefferson scored 54 touchdowns and topped
2,000 yards rushing and 1,000 yards passing in his senior
season, and has signed on with Michigan State
University;
NOW THEREFORE BE IT RESOLVED, that I, Mayor Gawron,
speaking on behalf of the City Commission and the
entire community deem it an honor and a pleasure to
present this Certificate of Recognition to La’Darius
Jefferson in recognition of his outstanding
achievements and commend him for his display of
sportsmanship and leadership.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the seal of the City of Muskegon to be affixed this 9th
day of February 2018.
____________________________
Stephen J. Gawron
Mayor
Date: January 3, 2018
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the December 11, 2017
Worksession and the December 12, 2017 Regular Meeting minutes.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, December 11, 2017
5:30 p.m.
City Commission Chambers
MINUTES
2017-96
Present: Gawron, Hood, German, Rinsema-Sybenga, Johnson, Warren, and
Turnquist
Absent: None
Amendment to the Zoning Ordinance – Critical Dunes
Discussion took place regarding the staff-initiated request to amend Section 2310 of the
zoning ordinance to adopt a local critical dune ordinance. Act 451 of 1994, the Natural
Resources and Environmental Protection Act, allows municipalities to enact their own
critical dune ordinance and enforce it themselves, rather than relying on the Michigan
Department of Environmental Quality to do so. Staff anticipates that this will speed up
the approval process for projects located in critical dune areas.
Public comments were received.
2017-97 CLOSED SESSION:
Motion by Commissioner Rinsema-Sybenga, second by Commissioner German,
to go into closed session.
Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga, and
Turnquist
Nays: None
1. Collective Bargaining
2. Attorney/Client Confidential Communication
Motion by Commissioner Rinsema-Sybenga, second by Commissioner German,
to come out of closed session.
Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and Hood
Nays: None
Absent: Warren
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to authorize the City Attorney to offer the settlement considered in closed
session.
Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, and Gawron
Nays: None
Absent: Hood and Warren
3. Any Other Business
Adjournment The Worksession meeting adjourned at 8:37 p.m.
Respectfully submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
DECEMBER 12, 2017 @ 5:30 P.M.
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, MI at 5:30 p.m., Tuesday, December 12, 2017.
Pastor Tim Cross, Living Word Church, opened the meeting with prayer, after
which the Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Byron Turnquist, Willie German, Jr., and Dan Rinsema-Sybenga,
City Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann
Meisch.
Absent: Commissioner Debra Warren
HONORS AND AWARDS:
A. Recognition of Pastor Tim Cross, Living Word Church, for support of the City
of Muskegon Police Department Chief Lewis presented Pastor Cross
with a token of appreciation in recognition of the support he and Living
Word Church have shown the City of Muskegon Police Department.
B. Recognition of Community Relations Committee Members The Mayor,
on behalf of the entire City Commission, recognized and thanked those
members of the City’s Community Relations Committees various Boards
and Committees that were in attendance at the meeting. This included
special recognition and presentation of a proclamation to Addie Sanders-
Randall, a 28-year member of the Citizens District Council.
2017-98 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the November 28, 2017 Regular
Meeting.
FINANCIAL IMPACT: None
Page 1 of 8
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Towing Contract Extension (Ramos Towing) Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and consider approving a contract extension with our
current service provider, Ramos Towing. Currently, Ramos Towing provides
towing/impoundment/storage service for the City of Muskegon.
Ramos Towing has been under authorized contract services for towing for the
last four years. Staff will review the current contract in 2018, and begin exploring
and preparing a competitive bid process to select an acceptable tow service
upon expiration of this contact.
Ramos Towing is willing to extend towing services for another one year extension
or until a new contract can be approved. This is the second and final extension
allowed under the current contract.
FINANCIAL IMPACT: None – current contract language in effect until
1/14/2019.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the extended
towing contract until a new contract is explored and accepted.
D. 1st Quarter 2017-18 Budget Reforecast Finance Director
SUMMARY OF REQUEST: At this time staff is transmitting the First Quarter 2017-18
Budget Reforecast which outlines proposed changes to the budget that have
come about as result of changes in revenue projections, policy priorities, labor
contracts, updated economic conditions, or other factors.
FINANCIAL IMPACT: A summary of first quarter proposed adjustments to the
budget are as follows:
• General Fund revenues are reforecast to be $826,849 higher than
the original budget, largely due to higher State projections for State
Shared Revenue and the adjustments to permit revenue based on
actual receipts.
• General Fund expenditures are reforecast to be $784,000 higher
than the original budget, most of the adjustments were for Safebuilt
based on the higher revenues projections for permits.
• There were some refinements to the Capital Projects budget
resulting in an overall net increase of $350,000. These are mostly in
the Water Fund based on higher than projected project costs.
BUDGET ACTION REQUIRED: City Commission approval of this reforecast will
Page 2 of 8
formally amend the City’s 2017-18 budget.
STAFF RECOMMENDATION: Approval.
E. Purchase of HUD Home at 1025 E Forest Avenue Community &
Neighborhood Services
SUMMARY OF REQUEST: To approve the purchase of a HUD home located at
1025 E Forest Avenue in Oakview Neighborhood for the price of $27,000.
After the sale, CNS will rehabilitate the single family dwelling as part of the HOME
funded Homebuyer Program.
FINANCIAL IMPACT: The funding used for the purchase and rehabilitation
will come from 2017 HOME funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request to purchase the
property.
F. Pere Marquette Park – Recreational Improvements Department of
Public Works
SUMMARY OF REQUEST: The City has been awarded a DNR Trust Fund Grant for
recreational improvements at Pere Marquette Park. Westshore Consulting has
submitted a quote for professional engineering and surveying services in the
amount of $18,000, to complete plans and bidding documents for the
improvements. Staff is requesting that the amount be approved.
FINANCIAL IMPACT: $18,000
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with
Westshore Consulting for a cost of $18,000.
G. Request to Deny & Accept Properties that did not Sell During the Tax Sale
for 2017 Planning & Economic Development
SUMMARY OF REQUEST: The County of Muskegon held two delinquent tax
auctions during 2017. There were sixty-three properties left after the last auction.
According to the State’s tax foreclosure laws, the City must state that they are
not interested in obtaining them, otherwise the City will be automatically receive
ownership of the parcels. From the list that was provided, the City Manager,
Planning and Community & Neighborhood Services have gone over the parcels
to determine which ones to accept.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To deny and accept certain parcels and
authorize both the Mayor and the Clerk to sign said resolution.
Page 3 of 8
I. Bicycle Ordinance City Manager
SUMMARY OF REQUEST: To adopt the proposed ordinance containing rules to
govern a driver of a motor vehicle overtaking a bicycle proceeding in the same
direction.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To adopt the ordinance as presented.
J. Control System Upgrades – Water Filtration Plant – Administration Building
Department of Public Works
SUMMARY OF REQUEST: Authorize staff to enter into a professional services
agreement for control system upgrades at Water Filtration Plan with Tetratech
per their proposal for $192,000.
FINANCIAL IMPACT: $192,000
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with
Tetratech for a cost of $192,000.
L. Community Relations Index: Policy Relative to Attendance City Clerk
SUMMARY OF REQUEST: To change attendance reporting policy from quarterly
to annual.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of reporting attendance annually.
COMMITTEE RECOMMENDATION: Community Relations Committee
unanimously voted to approve the reporting of the attendance to annually.
Motion by Commissioner Johnson, second by Commissioner German, to
approve the consent agenda as presented, except Items C, H, and K.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, German, and Rinsema-
Sybenga
Nays: None
MOTION PASSES
2017-99 ITEMS REMOVED FROM THE CONSENT AGENDA:
C. 2018 User Fee Update Finance Director
SUMMARY OF REQUEST: City departments have reviewed and updated their
user fees and these have been incorporated into the Master Fee Resolution for
your consideration.
Page 4 of 8
The new fees and fee changes that are being proposed are highlighted on the
attached spreadsheet and significant changes include the following:
• Daily launch ramp and seasonal launch ramp fees have been updated;
• Small and large boat basin fees have been adjusted;
• Farmers Market annual stall fees have been adjusted;
• Kitchen 242 is adding fees for occasional or one-time users;
• Cemetery fees have been adjusted;
• Rental registration and re-inspection fees have been adjusted
FINANCIAL IMPACT: Revenue generated for fee supported activities
BUDGET ACTION REQUIRED: None at this time. Adoption of the Master Fee
Resolution will help the City attain its budget revenue estimates.
STAFF RECOMMENDATION: Approval of the 2018 Master Fee Resolution.
Motion by Commissioner German, second by Commissioner Johnson, to
approve the 2018 Master Fee Resolution.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, German, Rinsema-Sybenga, and
Turnquist
Nays: None
MOTION PASSES
H. Non-Represented Wages and Benefits City Manager
SUMMARY OF REQUEST: Staff is recommending the following wage and benefit
changes effective January 1, 2018:
1. 1% cost of living adjustment
2. 1% increase in residency incentive
3. Amendment to the vacation time conversion policy and sick time cash-
out policy to allow for unlimited vacation time conversion to sick time
(currently limited to 120 hours annually), as well as unlimited sick time cash
out annually (currently limited to 160 hours annually).
4. Increase in annual tuition reimbursement from $1,000 to $2,000
5. Expansion of tuition reimbursement program to all city employees –
regardless of bargaining affiliation or representation.
Staff is further recommending expansion of the residency incentive to DEIU (1%),
POLC (2%), and COAM (2%) bargaining units effective July 1, 2018.
FINANCIAL IMPACT: Items 1-5: $30,224 annually. Residency incentive
expansion: $18,485 annually.
Page 5 of 8
BUDGET ACTION REQUIRED: The proposed changes are currently funded in
the FY 2017-18 Budget.
STAFF RECOMMENDATION: To approve the non-represented wage and
benefit structure, as presented.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the non-represented wage and benefit structure, as presented.
ROLL VOTE: Ayes: Gawron, Hood, German, Rinsema-Sybenga, Turnquist, and
Johnson
Nays: None
MOTION PASSES
K. Western Market City Clerk
SUMMARY OF REQUEST: The chalets at Western Market remain very popular. We
would like to add five more chalets to the site in 2018. We have found a
company to build the base of four of the chalets with our builder putting the
final touches on it. The fifth chalet will be built by our builder onsite. We will be
collecting applications for use of the chalets and a committee composed of the
Chamber, DMN, and City staff will make the final determination of selected
applicants.
FINANCIAL IMPACT: $30,000
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize the $30,000 in expenditures for the
addition of five chalets.
Motion by Commissioner Turnquist, second by Commissioner Rinsema-Sybenga,
to authorize the $30,000 in expenditures for the addition of five chalets.
ROLL VOTE: Ayes: Hood, German, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
2017-100 NEW BUSINESS:
A. Transmittal of 6/30/17 Comprehensive Annual Financial Report
Finance Director
SUMMARY OF REQUEST: The City’s June 30, 2017 Comprehensive Annual
Financial Report (CAFR) will be distributed to the City Commissioners via email
and hard copy. The CAFR will also be available on the City’s website. The CAFR
includes the annual independent auditor’s report as required by state law. At
this time the CAFR is being formally transmitted to the City Commission. The
CAFR has been prepared in accordance with all Governmental Accounting
Page 6 of 8
Standards Board (GASB) pronouncements and also includes the single audit of
federal grants received by the City.
FINANCIAL IMPACT: The CAFR report summarizes the City’s financial
activities for the year and includes the independent auditor’s unmodified
opinion on the City’s financial statement.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Acceptance of the June 30, 2017 CAFR and
authorization for staff to transmit the CAFR to appropriate federal, state and
private agencies. http://www.muskegon-mi.gov/cresources/2016-17CAFR.pdf
Motion by Commissioner Johnson, second by Commissioner German, to accept
the June 30, 2017 CAFR and authorize staff to transmit the CAFR to appropriate
federal, state and private agencies.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
B. Amendment to the Zoning Ordinance – Critical Dunes Planning &
Economic Development
SUMMARY OF REQUEST: Staff-initiated request to amend Section 2310 of the
zoning ordinance. Act 451 of 1994, the Natural Resources and Environmental
Protection Act, allows municipalities to enact their own critical dune ordinance
and enforce it themselves, rather than relying on the Michigan Department of
Environmental Quality to do so. Staff anticipates that this will speed up the
approval process for projects located in critical dune areas.
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 at their November 16,
meeting.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to approve the
zoning ordinance amendment.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
Page 7 of 8
PUBLIC PARTICIPATION: Comments were received by the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:52 p.m.
Respectfully Submitted,
Ann Meisch, MMC, City Clerk
Page 8 of 8
Date: January 5, 2018
To: Honorable Mayor and City Commissioners
From: City Manager
RE: Bicycle Ordinance – SECOND READING
SUMMARY OF REQUEST: To adopt the proposed ordinance containing rules to govern a
driver of a motor vehicle overtaking a bicycle proceeding in the same direction.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To adopt the ordinance as presented.
CITY OF MUSKEGON
COUNTY OF MUSKEGON
STATE OF MICHIGAN
AN ORDINANCE TO ADD SECTION 92-33 OF THE CITY OF MUSKEGON CODE OF
ORDINANCES TO ADDRESS THE PASSING OF BICYCLES
ORDINANCE NO.___________
THE CITY OF MUSKEGON ORDAINS:
Section 92-33. Rule 598 of Article III of Chapter 92 of the City of Muskegon City Code is
added to read as follows:
(1) Rule 598. – Passing of bicycles. Except when overtaking and passing on the
right is permitted, the following rules shall govern a driver of a motor vehicle
overtaking a bicycle proceeding in the same direction:
a. If there is more than one lane for traffic proceeding in the same direction,
move the vehicle to the lane to the immediate left, if the lane is available and
moving into the lane is reasonably safe.
b. If there is only one lane for traffic proceeding in the same direction, pass to
the left of the person operating a bicycle at a safe distance, which must be not
less than 5 feet between any portion of the vehicle and the bicycle, and shall
not move again to the right side of the highway until the vehicle is safely clear
of the overtaken person operating a bicycle
c. The driver of a motor vehicle may drive to the left of the center of a roadway,
including when a no passing zone is marked, to pass a person operating a
bicycle only if the roadway to the left of the center is unobstructed for a
sufficient distance to permit the driver to pass the person operating the bicycle
safely and avoid interference with oncoming traffic. This paragraph does not
authorize driving on the left side of the center of the roadway when otherwise
prohibited by local ordinance or state law.
d. Any person violating the provision of this Section shall be responsible for a
municipal civil infraction.
(2) Severability. Should any part of this ordinance be held invalid by a court of
competent jurisdiction, the remaining parts shall be severable and shall continue
in full force and effect.
(3) Ordinance Repeal. All ordinances in conflict with the provisions of this
ordinance are hereby repealed.
(4) Effective Date. This ordinance shall be effective 10 days after adoption and
publication.
____________________________________________
Ann Marie Meisch, City Clerk
Introduced:
Adopted:
Published:
Effective:
Commission Meeting Date: December 12, 2017
Date: January 4, 2018
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the Zoning Ordinance – Critical Dunes
SUMMARY OF REQUEST:
Staff-initiated request to amend Section 2310 of the zoning ordinance to adopt a
local critical dune ordinance. Act 451 of 1994, the Natural Resources and
Environmental Protection Act, allows municipalities to enact their own critical dune
ordinance and enforce it themselves, rather than relying on the Michigan Department of
Environmental Quality to do so. Staff anticipates that this will speed up the approval
process for projects located in critical dune areas.
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 at their November 16 meeting.
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
Hearing, Case 2017-30: Request to amend the zoning ordinance by adopting a local critical dune ordinance,
per Public Act 451 of 1994, the Natural Resources and Environmental Protection Act.
SUMMARY
1. Critical Dunes in Michigan are regulated by the Michigan Department of Environmental Quality
(MDEQ). Anyone doing work in a critical dune must first receive a permit from the MDEQ. These
permits can take several months to get approved, so it often times slows down projects.
2. Act 451 of 1994 allows local municipalities to enact their own critical dune ordinance and enforce it
themselves. Staff has created the enclosed draft ordinance, which has been reviewed by the MDEQ.
3. Staff plans to either enforce the ordinance in-house by doing our own inspections or possibly
contracting with a private firm for inspections.
4. Please see the enclose map that shows the locations of Critical Dunes in Muskegon.
5. Please see the eclipsed proposed ordinance.
NEW LANGUAGE
SECTION 2310: Critical Dune Overlay District
1. Purpose. In keeping with the findings of the Michigan legislature and the authority granted to local
government in Public Act 451 of 1994, as amended, the City of Muskegon hereby declares that:
a. The critical dune areas within the City of Muskegon are a unique, irreplaceable, and fragile
resource that provide significant recreational, economic, scientific, geological, scenic, botanical,
educational, agricultural, and ecological benefits to the people of this community, to the state, and
to the people from other states and countries who visit this resource.
b. The purpose of this ordinance is to balance for present and future generations the benefits of
protecting, preserving, restoring, and enhancing the diversity, quality, functions, and values of the
state's critical dunes with the benefits of economic development and multiple human uses of the
critical dunes and the benefits of public access to and enjoyment of the critical dunes. To
accomplish this purpose, this ordinance is intended to do all of the following:
• Ensure and enhance the diversity, quality, functions, and values of the critical dunes in a
manner that is compatible with private property rights.
• Ensure sound management of all critical dunes by allowing for compatible economic
development and multiple human uses of the critical dunes.
• Coordinate and streamline governmental decision-making affecting critical dunes through
the use of the most comprehensive, accurate, and reliable information and scientific data
available.
c. The benefits derived from alteration, industrial, residential, commercial, agricultural, sylvicultural,
and the recreational use of critical dune areas shall occur only when the protection of the
environment and the ecology of the critical dune areas for the benefit of the present and future
generations is assured.
d. The following regulations embodied in this Dune Overlay Zone are adopted as the minimum
measures necessary to achieve these ends.
2. Definitions – As used in this section,
a. "Contour change" includes any grading, filling, digging, or excavating that significantly alters the
physical characteristic of a critical dune area, except that which is involved in sand dune mining.
b. "Crest" means the line at which the first lakeward facing slope of a critical dune ridge breaks to a
slope of less than 1-foot vertical rise in a 5-1/2-foot horizontal plane for a distance of at least 20
feet, if the areal extent where this break occurs is greater than 1/10 acre in size.
c. "Critical dune area" means a geographic area designated in the "Atlas of Critical Dune Areas"
dated February 1989 that was prepared by the Michigan Department of Natural Resources and any
other locally designated sand dune areas included on the City of Muskegon Zoning Map.
d. "Driveway" means a privately owned, constructed, and maintained vehicular access from a road or
easement serving the property to the principal building or accessory buildings, that is paved,
graveled, or otherwise improved for vehicular access, 16 feet wide or narrower in the sole
discretion of the applicant or owner, and may include, in the sole discretion of the applicant or
owner, a shared driveway.
e. "Foredune" means one or more low linear dune ridges that are parallel and adjacent to the shoreline
of a Great Lake and are rarely greater than 20 feet in height. The lakeward face of a foredune is
often gently sloping and may be vegetated with dune grasses and low shrub vegetation or may have
an exposed sand face.
f. "Permit" means a permit for a use within a critical dune area.
g. "Restabilization" means restoration of the natural contours of a critical dune to the extent
practicable, the restoration of the protective vegetative cover of a critical dune through the
establishment of indigenous vegetation, and the placement of snow fencing or other temporary
sand trapping measures for the purpose of preventing erosion, drifting, and slumping of sand.
h. “Sand dune mining” means the removal of sand from sand dine areas for commercial or industrial
purposes.
i. "Special use project" means any of the following:
• A proposed use in a critical dune area for an industrial or commercial purpose regardless of
the size of the site.
• A multifamily use of more than 3 acres.
• A multifamily use of 3 acres or less if the density of use is greater than 4 individual
residences per acre.
• A proposed use in a critical dune area, regardless of size of the use, that the planning
commission determines would damage or destroy features of archaeological or historical
significance.
j. "Use" means a developmental, sylvicultural, or recreational activity done or caused to be done by a
person that significantly alters the physical characteristic of a critical dune area or a contour change
done or caused to be done by a person. Use does not include sand dune mining.
3. Area Affected. The provisions of the Dune Overlay Zone apply to all lands so depicted on the City of
Muskegon Zoning Map which is a part of this ordinance. These lands include the entire critical dune area
as designated by the Michigan Department of Natural Resources pursuant to Public Act 451 of 1994, and
to such other lands as locally designated and depicted thereon. Locally designated sand dunes together with
dunes designated under Public Act 451 shall be known as critical dune areas for the purpose of this
ordinance. Lands that are within 250 feet of a critical dune area, that are determined by the Planning
Commission to be essential to the hydrology, ecology, topography, or integrity of a critical dune area shall
also receive all the protection afforded to critical dunes in the Overlay Zone, even if not so depicted on the
City of Muskegon Zoning Map.
4. Nonconforming Building and Lots After the effective date of the adoption of this Section:
a. No subdivision or condominium development shall occur within the Dune Overlay Zone except in
compliance with the minimum standards of this ordinance and after review and approval of a site
plan and other documents as required herein.
b. No structure shall be constructed, reconstructed, altered, or relocated except in strict compliance
with the requirements of this ordinance.
c. No use which is in existence as of the effective date of this Article shall be expanded, except in
strict compliance with the minimum standards of this Ordinance.
d. No existing nonconforming building or structure shall be altered except provided in Article XXII,
Section 2203.
5. Application Requirements. All applications for permits for the use of a critical dune area shall include in
writing showing evidence:
a. That Muskegon County, which administers Part 91 Soil Erosion and Sedimentation Control, of
Public Act 451 of 1994, as amended, finds that the project is in compliance with the act and any
applicable soil erosion and sedimentation control ordinance that is in effect in Muskegon County.
b. That a proposed sewage treatment or disposal system on the site has been approved by the county
health department, if applicable.
c. Assuring that the cutting and removing of trees and other vegetation will be performed according to
the forestry management guidelines for Michigan prepared by the Society of American Foresters in
1987, as revised in 2010, and will include instructions or plans to provide mitigation for the
removal of trees or vegetation by providing assurances that the applicant will plant on the site more
trees and other vegetation on the site than were removed by the proposed use.
d. Except as otherwise provided in this subsection, a site plan that contains data required by this
Section and Article XXIII, Section 2330, concerning the physical development of the site and
extent of disruption of the site by the proposed development.
e. The Zoning Administrator shall not require an environmental site assessment or environmental
impact statement as part of a permit application for a use in a critical dune overlay zone except for a
“Special Use” project.
f. The Zoning Administrator will require that the applicant supply a contour map of the site with 1-
foot contour intervals at or near any proposed structure or roadway for any new construction.
g. The payment of any required fees for processing and/or professional review of the submitted site
plan.
6. Environmental Assessment. When an environmental assessment is required under a “Special Use” project,
it shall include the following information concerning the site of the proposed use:
a. The name and address of the applicant.
b. A description of the application’s proprietary interest in the site.
c. The name, address, and professional qualification of the person preparing the environmental
assessment and his/her opinion as to whether the proposed development of the site is consistent
with protecting features of environmental sensitivity and archaeological or historical significance
that may be located on the site.
d. The description and purpose of the proposed use.
e. The location of existing utilities and drainage ways.
f. The general location and approximate dimensions of proposed structures.
g. Major proposed change of land forms such as new lakes, terracing or excavating.
h. Sketches showing the scale, character, and relationship of structures, streets or driveways, and open
space.
i. Approximate location and type of proposed drainage, water, and sewage facilities.
j. Legal description of property.
k. A physical description of the site, including its dominant characteristics, its vegetative character, its
present use, and other relevant information.
l. A natural hazards review consisting of a list of natural hazards such as periodic flooding, poor soil
bearing conditions, and any other hazards peculiar to the site.
m. An erosion review showing how erosion control will be achieved, and illustrating plans or
programs that may be required by any existing soil erosion and sedimentation ordinance.
7. Environmental Impact Statement. When an environmental assessment is required, it shall include the
following information concerning the site of the proposed use:
a. The name and address of the applicant.
b. A description of the applicant's proprietary interest in the site of the proposed use.
c. The name, address, and professional qualifications of the proposed professional design team
members, including the designation of the person responsible for the preparation of the
environmental impact statement.
d. The description and purpose of the proposed use.
e. Six copies and one reproducible transparency of a schematic use plan of the proposed use showing
the general location of the proposed use and major existing physical and natural features on the site,
including, but not limited to, watercourses, rock outcropping, wetlands, and wooded areas.
f. The location of the existing utilities and drainage ways.
g. The location and notation of public streets, parks, and railroad and utility rights-of-way within or
adjacent to the proposed use.
h. The general location and dimensions of proposed streets, driveways, sidewalks, pedestrian ways,
trails, off-street parking, and loading areas.
i. The general location and approximate dimensions of proposed structures.
j. Major proposed change of land forms such as new lakes, terracing, or excavating.
k. Approximate existing and proposed contours and drainage patterns, showing at least five-foot
contour intervals.
l. Sketches showing the scale, character, and relationship of structures, streets, or driveways, and
open space.
m. Approximate location and type of proposed drainage, water and sewage treatment and disposal
facilities.
n. A legal description of the property.
o. An aerial photo and contour map showing the development site in relation to the surrounding area.
p. A description of the physical site, including its dominant characteristics, its vegetative character, its
present use, and other relevant information.
q. A soil review giving a short descriptive summary of the soil types found on the site and whether the
soil permits the use of septic tanks or requires central sewer. The review may be based on the
"United Soil Classification System" as adopted by the United States Government Corps of
Engineers and Bureau of Reclamation, dated January 1952, or the natural cooperative soil survey
classification system, and the standards for the development prospects that have been offered for
each portion of the site.
r. A natural hazards review consisting of a list of natural hazards such as periodic flooding, poor soil
bearing conditions, and any other hazards peculiar to the site.
s. A substrata review including a descriptive summary of the various geologic bedrock formations
underlying the site, including the identification of known aquifers, the approximate depths of the
aquifers and, if being tapped for use, the principal uses to be made of these waters, including
irrigation, domestic water supply, and industrial usage.
t. An erosion review showing how erosion control will be achieved, and illustrating plans or
programs that may be required by any existing soil erosion and sedimentation ordinance.
u. At a minimum, plans for compliance with all of the following standards shall be required for
construction and post-construction periods:
• Surface drainage designs and structures are erosion proof through control of the direction,
volume, and velocities of drainage patterns. These patterns shall promote natural vegetation
growth that are included in the design in order that drainage waters may be impeded in their
flow and percolation encouraged.
• The design shall include trash collection devices when handling street and parking drainage
to contain solid waste and trash.
• Watercourse designs, control volumes, and velocities of water to prevent bottom and bank
erosion. In particular, changes of direction shall guard against undercutting of banks.
• If vegetation has been removed or has not been able to occur on surface areas such as infill
zones, it shall be the duty of the developer to stabilize and control the impacted surface
areas to prevent wind erosion and the blowing of surface material through the planting of
grasses, and windbreaks and other similar barriers.
8. Driveways. The construction, improvement, and maintenance of a driveway shall be permitted for any
dwelling or other permanent building allowed in a critical dune area, including a dwelling or other
permanent building approved under this ordinance or a lawful nonconforming use, subject only to
applicable permit requirements under Sections 35312 through 35325 of Part 353 of Public Act 451 of
1999, as amended, and the following:
a. A driveway shall be permitted either to the principal building or, in the sole discretion of the
applicant, to an accessory building, under the provisions of this ordinance. Additional driveways, if
any, shall meet the applicable requirements for any other use under this ordinance. The
development of a plan for a driveway should include consideration of the use of retaining walls,
bridges, or similar measures, if feasible, to minimize the impact of the driveway, parking, and
turnaround areas, and the consideration of alternative locations on the same lot of record
b. Driveways on slopes steeper than a 1-foot vertical rise in a 4-foot horizontal plane, but not steeper
than a 1-foot rise in a 3-foot horizontal plane, shall be in accordance with a site plan submitted with
the permit application and prepared for the site by a registered professional architect or licensed
professional engineer. The site plan shall include:
• Storm water drainage that provides for disposal of storm water without serious erosion,
• Methods for controlling erosion from wind and water, and
• Restabilization, by design elements including vegetation, cut-and-fill, bridges,
traverses, and such other elements as are required in the judgment of the architect or
engineer to meet these requirements.
c. Driveways on slopes steeper than a 1-foot vertical rise in a 3-foot horizontal plane shall be in
accordance with a site plan submitted with the permit application and prepared for the site by a
licensed professional engineer. The site plan shall include:
• Storm water drainage that provides for disposal of storm water without serious erosion,
• Methods for controlling erosion from wind and water, and
• Restabilization, by design elements including vegetation, cut-and-fill, bridges, traverses,
and such other elements as are required in the judgment of the engineer to meet these
requirements. The engineer shall certify under seal that the driveway is not likely to
increase erosion or decrease stability.
d. Temporary construction access for all construction, including new construction, renovation, repairs,
rebuilding, or replacement, and repair, improvement, or replacement of septic tanks and systems,
shall be allowed for any use allowed in a critical dune area for which a driveway is not already
installed by the owner, subject only to the requirements that the temporary access shall not involve
a contour change or vegetation removal that increases erosion or decreases stability except as can
be restabilized upon completion of the construction. The temporary access shall be maintained in
stable condition, and restabilization shall be commenced promptly upon completion of the
construction.
9. Utilities. A use needed to maintain, repair, or replace existing utility lines, pipelines, or other utility
facilities within a critical dune area that were in existence on July 5, 1989, or were constructed in
accordance with a permit under this section or under Part 353 of the Natural Resources and Environmental
Protection Act, being Act 451 of the Public Acts of 1994, as amended, is exempt for purposes for which
the permit was issued from the operation of this section if the maintenance, repair, or replacement is
completed in compliance with all of the following:
a. Vehicles shall not be driven on slopes greater than 1-foot vertical rise in a 3-foot horizontal plane.
b. All disturbed areas shall be immediately stabilized and revegetated with native vegetation
following completion of work to prevent erosion.
c. Any removal of woody vegetation shall be done in a manner to assure that any adverse effect on
the dune will be minimized and will not significantly after the physical characteristics or stability of
the dune.
d. To accomplish replacement of a utility pole, the new pole shall be placed adjacent to the existing
pole, and the existing pole shall be removed by cutting at ground level.
e. In the case of repair of underground utility wires, the repair shall be limited to the minimal
excavation necessary to replace the wires by plowing, small trench excavation, or directional
boring. Replacement of wires on slopes steeper than 1-foot vertical rise in a 4-foot horizontal plane
shall be limited to installation by plowing or directional boring only.
f. In the cases of repair or replacement of underground pipelines, directional boring shall be utilized,
and if excavation is necessary to access and bore the pipeline the excavation area shall be located
on slopes 1-foot vertical rise in a 4-foot horizontal plane or less.
10. Accessibility. Notwithstanding any other provision of this section, at the request of the applicant, the
construction, improvement and maintenance of accessibility measures shall be permitted for any dwelling
or other permanent building allowed in a critical dune area, including a dwelling or other permanent
building approved under this section or a lawful nonconforming use, subject only to applicable permit
requirements of this section and the following:
a. Accessibility measures on slopes steeper than 1-foot vertical rise in a 4-foot horizontal plane,
but not steeper than a 1-foot vertical rise in a 3-foot horizontal plane, shall be in accordance
with a site plan submitted with the permit application and prepared for the site by a registered
professional architect or licensed professional engineer. The site plan shall include:
• Storm water drainage that provides for disposal of storm water without serious erosion,
• Methods for controlling erosion from wind and water, and
• Restablization, by design elements including vegetation, cut-and-fill, bridges, traverses,
and such other elements as are required in the judgement of the architect or engineer to
meet these requirements.
b. Accessibility measures on slopes steeper than a 1-foot vertical rise in a 3-foot horizontal plane
shall be in accordance with a site plan submitted with the permit application and prepared for
the site by a licensed professional engineer. The site plan shall include:
• Storm water drainage that provides for disposal of storm water without serious erosion,
• Methods for controlling erosion from wind and water, and
• Restablization, by design elements including vegetation, cut-and-fill, bridges, traverses,
and such other elements as are required in the judgement of the architect or engineer to
meet these requirements. The engineer shall certify under seal that the accessibility
measures are not likely to increase erosion or decrease stability.
The choice of components for an accessible route under American national standards institute standard
402.2 shall be at the option of the applicant.
11. Prohibited Uses. The following uses are not permitted in a critical dune area:
a. The disposal of sewage on-site unless the standards of applicable sanitary codes are met or
exceeded.
b. A use that does not comply with the minimum setback requirements required by rules that are
promulgated under part 323 of Public Act 451 of 1994.
c. A surface drilling operation that is utilized for the purpose of exploring for or producing
hydrocarbons or natural brine or for the disposal of the waste or by-products of the operation,
except those that are lawfully in existence at a site on July 5, 1989 may be continued. The
continuance, completion, restoration, reconstruction, extension, or substitution of those existing
uses shall be permitted upon reasonable terms prescribed by the Planning Commission.
d. Production facilities regulated under parts 615 and 625 of Act 451 of 1994, except those that
are lawfully in existence at a site on July 5, 1989 may be continued. The continuance,
completion, restoration, reconstruction, extension, or substitution of those existing uses shall be
permitted upon reasonable terms prescribed by the Planning Commission.
12. Non-Permitted Uses, Unless a Variance is Granted. Unless a variance is granted, the following uses are
not permitted in a critical dune area:
a. A structure and access to the structure on a slope within a critical dune area that has a slope that
measures from a 1-foot vertical rise in a 4-foot horizontal plane to less than a 1-foot vertical rise
in a 3-foot horizontal plane, unless the structure and access to the structure are in accordance
with a site plan prepared for the site by a registered professional architect or a licensed
professional engineer and the site plan provides for the disposal of storm waters without serious
soil erosion and without sedimentation of any stream or other body of water.
b. A use on a slope within a critical dune area that has a slope steeper than a 1-foot vertical rise in
a 3-foot horizontal plane.
c. A use involving a contour change if the Zoning Administrator determines that it is more likely
than not to increase erosion or decrease stability.
d. Sylvicultural practices, as described in the "Forest Management Guidelines for Michigan",
prepared by the Society of American Foresters as revised in 2010, if the City of Muskegon
determines that they are more likely than not to increase erosion or decrease stability.
e. A use that involves a vegetation removal if the Zoning Administrator determines that it is more
likely than not to increase erosion or decrease stability.
13. Site Plan Review. When reviewing a site plan submitted, along with all the application information
required, the Zoning Administrator shall:
a. Ensure that the requirements of the zoning ordinance have been met and the plan is consistent
with existing laws.
b. Determine whether the advice or assistance of Muskegon County will be helpful in reviewing a
site plan, and if so, to so seek it.
c. Recommend alterations of a proposed development to minimize adverse effects anticipated if
the development is approved and to ensure compliance with all applicable state and local
requirements.
d. Determine that the proposed use will ensure and enhance the diversity, quality, function and
values of the critical dune in a manner that is compatible with private property rights; allows for
compatible economic development and multiple human uses of the critical dune, using the
most competent, accurate and reliable information and scientific data available.
14. Use Standards. Any lot or parcel which in whole or part which falls within the Dune Overlay Zone and/or
within 250 feet outside the Dune Overlay Zone that is determined by the Planning Commission to be
essential to the hydrology, ecology, topography, or integrity of a critical dune area shall not be used except
upon receipt of a permit from the Zoning Administrator. No zoning permit shall be issued for the use of
land within this zone or within 250 feet outside the zone that is determined by the Planning Commission to
be essential to the hydrology, ecology, topography, or integrity of a critical dune area until a site plan
meeting the requirements of this Section and those of Article XXIII, Section 2330, have been met. If
requested, the Planning Commission will make the final determination as to whether or not these standards
have been met and shall exercise its lawful discretion in all cases in favor of protection of the critical dune
area.
15. Prohibition of Construction Without Permit. No grading or clearing of a site shall be done prior to issuance
of a zoning permit as required in this Ordinance.
16. Special Use Project Review Procedures. A proposed special use project shall be reviewed and a
recommendation for approval, approval with conditions, or denial is made by the Planning Commission
pursuant to the special use procedures of this ordinance shall be completed.
17. Department of Environmental Quality Review. Prior to issuing a permit allowing a special use project
within a critical dune area, the Planning Commission shall submit the special use project application and
site plan and their proposed decision to the Department of Environmental Quality, Land and Water
Management Division following the procedures of this ordinance.
18. Nonconforming Uses. The lawful use of land or a structure, as existing and lawful within a critical dune
area in the time of the adoption of this overlay zone, may be continued although the use of that land or
structure does not conform to the provisions of this overlay zone. The continuance, completion, restoration,
reconstruction, extension or substitution of existing nonconforming uses of land or a structure may
continue consistent with the nonconforming use requirements of this Ordinance. See Article XXII,
Section2202.
19. Rebuilding of Lawful Structures. A structure or use located in a critical dune area that is destroyed by fire,
other than arson for which the owner is found to be responsible, or an act of nature, except for erosion, may
be rebuilt or replaced if the structure or use was lawful at the time it was constructed or commenced; and a
replacement structure and its use may differ from that which was destroyed if it does not exceed in size or
scope that which was destroyed.
20. Variance. The Zoning Board of Appeals may grant a variance from the requirements of this overlay zone
if an unreasonable hardship will occur to the owner of the property if the variance is not granted. The
procedural requirements of Article XXIII (Site Plan Review) and Article XXV (Zoning Board of Appeals)
shall be adhered to. A variance shall be subject to the following limitations:
a. The Zoning Board of Appeals may issue variances under Article XXV of the zoning ordinance
if a practical difficulty will occur to the owner of the property if the variance is not granted. In
determining whether a practical difficulty will occur if a variance is not granted, primary
consideration shall be given to assuring that human health and safety are protected by the
determination and that the determination complies with applicable local zoning, other state
laws, and federal law. If a practical difficulty will occur to the owner of the property if the
variance is not granted, a variance shall be granted under this Section unless the Zoning Board
of Appeals determines that the use will significantly damage the public interest on the privately
owned land, or, if the land is publicly owned, the public interest in the publicly owned land, by
significant and unreasonable depletion or degradation of any of the following:
• The diversity of the critical dune areas within the local unit of government.
• The quality of the critical dune areas within the local unit of government.
• The functions of the critical dune areas within the local unit of government.
b. The decision of the Zoning Board of Appeals shall be in writing and shall be based upon
evidence that would meet the standards in Section 75 of the Administrative Procedures Act of
1969, 1969 PA 306, MCL 24.275. A decision denying a variance shall document, and any
review upholding the decision shall determine, all of the following:
• That the City of Muskegon has met the burden of proof under subsections 1A
through 1C.
• That the decision is based upon sufficient facts or data.
• That the decision is the product of reliable scientific principles and methods.
• That the decision has applied the principles and methods reliably to the facts.
• That the facts or data upon which the decision is based are recorded in the file.
c. The City of Muskegon shall not require an environmental site assessment or environmental
impact statement for a variance except for a special use project.
d. A variance shall not be granted from a setback requirement provided for under Section 35034
pursuant to Part 353 of the Public Act 451 of 1994 unless the property for which the variance is
requested is one of the following:
• A nonconforming lot of record that is recorded prior to July 5, 1989, and that becomes
nonconforming due to the operation of Part 353.
• A lot legally created after July 5, 1989 that later becomes nonconforming due to natural
shoreline erosion.
• Property on which the base of the first landward critical dune of at least 20 feet in
height that is not a foredune is located at least 500 feet inland from the first foredune
crest or line of vegetation on the property. However, the setback shall be a minimum of
200 feet measured from the foredune crest or line of vegetation.
21. Penalties. In addition to the penalty provisions of this Ordinance, the provisions of Public Act 451 of 1994
shall apply in the event of any violation. Pursuant to the Public Act, a court may impose on a person who
violates any provision of this Dune Overlay Zone, or a provision of a permit issued hereunder, a civil fine
of not more than $5,000 for each day of violation, or order a violator to pay the full cost of the full cost of
restabilization of a critical dune area or other natural resource that is damaged or destroyed as a result of a
violation, or both. If a person is ordered by the Zoning Administrator to restore a critical dune that has
been degraded by that person, the Zoning Administrator shall establish a procedure by which the
restoration of the critical dune area is monitored to assure that the restoration is completed in a satisfactory
manner.
22. Applicable Law. Incorporated by reference herein is Part 353, Michigan Natural Resources and
Environmental Protection Act, PA 451 of 1994, as amended.
23. Severability. If any section, clause, or provision of this Ordinance be declared unconstitutional or otherwise
invalid by a court of competent jurisdiction, said declaration shall not affect the remainder of the
Ordinance. The City Commission hereby declares that it would have passed this Ordinance and each part,
section, subsection, phrase, sentence and clause irrespective of the fact that any one or more parts, sections,
subsections, phrases, sentences or clauses be declared invalid. However, if any provision of the Ordinance
is declared invalid, the City must seek written confirmation from the DEQ that the Ordinance still complies
with Part 353, Michigan Natural Resources and Environmental Protection Act, PA 451 of 1994, as
amended.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend section 2310 of the zoning ordinance to adopt a local critical dune ordinance.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
NEW LANGUAGE
SECTION 2310: Critical Dune Overlay District
1. Purpose. In keeping with the findings of the Michigan legislature and the authority granted to local
government in Public Act 451 of 1994, as amended, the City of Muskegon hereby declares that:
a. The critical dune areas within the City of Muskegon are a unique, irreplaceable, and fragile
resource that provide significant recreational, economic, scientific, geological, scenic, botanical,
educational, agricultural, and ecological benefits to the people of this community, to the state, and
to the people from other states and countries who visit this resource.
b. The purpose of this ordinance is to balance for present and future generations the benefits of
protecting, preserving, restoring, and enhancing the diversity, quality, functions, and values of the
state's critical dunes with the benefits of economic development and multiple human uses of the
critical dunes and the benefits of public access to and enjoyment of the critical dunes. To
accomplish this purpose, this ordinance is intended to do all of the following:
• Ensure and enhance the diversity, quality, functions, and values of the critical dunes in a
manner that is compatible with private property rights.
• Ensure sound management of all critical dunes by allowing for compatible economic
development and multiple human uses of the critical dunes.
• Coordinate and streamline governmental decision-making affecting critical dunes through
the use of the most comprehensive, accurate, and reliable information and scientific data
available.
c. The benefits derived from alteration, industrial, residential, commercial, agricultural, sylvicultural,
and the recreational use of critical dune areas shall occur only when the protection of the
environment and the ecology of the critical dune areas for the benefit of the present and future
generations is assured.
d. The following regulations embodied in this Dune Overlay Zone are adopted as the minimum
measures necessary to achieve these ends.
2. Definitions – As used in this section,
a. "Contour change" includes any grading, filling, digging, or excavating that significantly alters the
physical characteristic of a critical dune area, except that which is involved in sand dune mining.
b. "Crest" means the line at which the first lakeward facing slope of a critical dune ridge breaks to a
slope of less than 1-foot vertical rise in a 5-1/2-foot horizontal plane for a distance of at least 20
feet, if the areal extent where this break occurs is greater than 1/10 acre in size.
c. "Critical dune area" means a geographic area designated in the "Atlas of Critical Dune Areas"
dated February 1989 that was prepared by the Michigan Department of Natural Resources and any
other locally designated sand dune areas included on the City of Muskegon Zoning Map.
d. "Driveway" means a privately owned, constructed, and maintained vehicular access from a road or
easement serving the property to the principal building or accessory buildings, that is paved,
graveled, or otherwise improved for vehicular access, 16 feet wide or narrower in the sole
discretion of the applicant or owner, and may include, in the sole discretion of the applicant or
owner, a shared driveway.
e. "Foredune" means one or more low linear dune ridges that are parallel and adjacent to the shoreline
of a Great Lake and are rarely greater than 20 feet in height. The lakeward face of a foredune is
often gently sloping and may be vegetated with dune grasses and low shrub vegetation or may have
an exposed sand face.
f. "Permit" means a permit for a use within a critical dune area.
g. "Restabilization" means restoration of the natural contours of a critical dune to the extent
practicable, the restoration of the protective vegetative cover of a critical dune through the
establishment of indigenous vegetation, and the placement of snow fencing or other temporary
sand trapping measures for the purpose of preventing erosion, drifting, and slumping of sand.
h. “Sand dune mining” means the removal of sand from sand dine areas for commercial or industrial
purposes.
i. "Special use project" means any of the following:
• A proposed use in a critical dune area for an industrial or commercial purpose regardless of
the size of the site.
• A multifamily use of more than 3 acres.
• A multifamily use of 3 acres or less if the density of use is greater than 4 individual
residences per acre.
• A proposed use in a critical dune area, regardless of size of the use, that the planning
commission determines would damage or destroy features of archaeological or historical
significance.
j. "Use" means a developmental, sylvicultural, or recreational activity done or caused to be done by a
person that significantly alters the physical characteristic of a critical dune area or a contour change
done or caused to be done by a person. Use does not include sand dune mining.
3. Area Affected. The provisions of the Dune Overlay Zone apply to all lands so depicted on the City of
Muskegon Zoning Map which is a part of this ordinance. These lands include the entire critical dune area
as designated by the Michigan Department of Natural Resources pursuant to Public Act 451 of 1994, and
to such other lands as locally designated and depicted thereon. Locally designated sand dunes together with
dunes designated under Public Act 451 shall be known as critical dune areas for the purpose of this
ordinance. Lands that are within 250 feet of a critical dune area, that are determined by the Planning
Commission to be essential to the hydrology, ecology, topography, or integrity of a critical dune area shall
also receive all the protection afforded to critical dunes in the Overlay Zone, even if not so depicted on the
City of Muskegon Zoning Map.
4. Nonconforming Building and Lots After the effective date of the adoption of this Section:
a. No subdivision or condominium development shall occur within the Dune Overlay Zone except in
compliance with the minimum standards of this ordinance and after review and approval of a site
plan and other documents as required herein.
b. No structure shall be constructed, reconstructed, altered, or relocated except in strict compliance
with the requirements of this ordinance.
c. No use which is in existence as of the effective date of this Article shall be expanded, except in
strict compliance with the minimum standards of this Ordinance.
d. No existing nonconforming building or structure shall be altered except provided in Article XXII,
Section 2203.
5. Application Requirements. All applications for permits for the use of a critical dune area shall include in
writing showing evidence:
a. That Muskegon County, which administers Part 91 Soil Erosion and Sedimentation Control, of
Public Act 451 of 1994, as amended, finds that the project is in compliance with the act and any
applicable soil erosion and sedimentation control ordinance that is in effect in Muskegon County.
b. That a proposed sewage treatment or disposal system on the site has been approved by the county
health department, if applicable.
c. Assuring that the cutting and removing of trees and other vegetation will be performed according to
the forestry management guidelines for Michigan prepared by the Society of American Foresters in
1987, as revised in 2010, and will include instructions or plans to provide mitigation for the
removal of trees or vegetation by providing assurances that the applicant will plant on the site more
trees and other vegetation on the site than were removed by the proposed use.
d. Except as otherwise provided in this subsection, a site plan that contains data required by this
Section and Article XXIII, Section 2330, concerning the physical development of the site and
extent of disruption of the site by the proposed development.
e. The Zoning Administrator shall not require an environmental site assessment or environmental
impact statement as part of a permit application for a use in a critical dune overlay zone except for a
“Special Use” project.
f. The Zoning Administrator will require that the applicant supply a contour map of the site with 1-
foot contour intervals at or near any proposed structure or roadway for any new construction.
g. The payment of any required fees for processing and/or professional review of the submitted site
plan.
6. Environmental Assessment. When an environmental assessment is required under a “Special Use” project,
it shall include the following information concerning the site of the proposed use:
a. The name and address of the applicant.
b. A description of the application’s proprietary interest in the site.
c. The name, address, and professional qualification of the person preparing the environmental
assessment and his/her opinion as to whether the proposed development of the site is consistent
with protecting features of environmental sensitivity and archaeological or historical significance
that may be located on the site.
d. The description and purpose of the proposed use.
e. The location of existing utilities and drainage ways.
f. The general location and approximate dimensions of proposed structures.
g. Major proposed change of land forms such as new lakes, terracing or excavating.
h. Sketches showing the scale, character, and relationship of structures, streets or driveways, and open
space.
i. Approximate location and type of proposed drainage, water, and sewage facilities.
j. Legal description of property.
k. A physical description of the site, including its dominant characteristics, its vegetative character, its
present use, and other relevant information.
l. A natural hazards review consisting of a list of natural hazards such as periodic flooding, poor soil
bearing conditions, and any other hazards peculiar to the site.
m. An erosion review showing how erosion control will be achieved, and illustrating plans or
programs that may be required by any existing soil erosion and sedimentation ordinance.
7. Environmental Impact Statement. When an environmental assessment is required, it shall include the
following information concerning the site of the proposed use:
a. The name and address of the applicant.
b. A description of the applicant's proprietary interest in the site of the proposed use.
c. The name, address, and professional qualifications of the proposed professional design team
members, including the designation of the person responsible for the preparation of the
environmental impact statement.
d. The description and purpose of the proposed use.
e. Six copies and one reproducible transparency of a schematic use plan of the proposed use showing
the general location of the proposed use and major existing physical and natural features on the site,
including, but not limited to, watercourses, rock outcropping, wetlands, and wooded areas.
f. The location of the existing utilities and drainage ways.
g. The location and notation of public streets, parks, and railroad and utility rights-of-way within or
adjacent to the proposed use.
h. The general location and dimensions of proposed streets, driveways, sidewalks, pedestrian ways,
trails, off-street parking, and loading areas.
i. The general location and approximate dimensions of proposed structures.
j. Major proposed change of land forms such as new lakes, terracing, or excavating.
k. Approximate existing and proposed contours and drainage patterns, showing at least five-foot
contour intervals.
l. Sketches showing the scale, character, and relationship of structures, streets, or driveways, and
open space.
m. Approximate location and type of proposed drainage, water and sewage treatment and disposal
facilities.
n. A legal description of the property.
o. An aerial photo and contour map showing the development site in relation to the surrounding area.
p. A description of the physical site, including its dominant characteristics, its vegetative character, its
present use, and other relevant information.
q. A soil review giving a short descriptive summary of the soil types found on the site and whether the
soil permits the use of septic tanks or requires central sewer. The review may be based on the
"United Soil Classification System" as adopted by the United States Government Corps of
Engineers and Bureau of Reclamation, dated January 1952, or the natural cooperative soil survey
classification system, and the standards for the development prospects that have been offered for
each portion of the site.
r. A natural hazards review consisting of a list of natural hazards such as periodic flooding, poor soil
bearing conditions, and any other hazards peculiar to the site.
s. A substrata review including a descriptive summary of the various geologic bedrock formations
underlying the site, including the identification of known aquifers, the approximate depths of the
aquifers and, if being tapped for use, the principal uses to be made of these waters, including
irrigation, domestic water supply, and industrial usage.
t. An erosion review showing how erosion control will be achieved, and illustrating plans or
programs that may be required by any existing soil erosion and sedimentation ordinance.
u. At a minimum, plans for compliance with all of the following standards shall be required for
construction and post-construction periods:
• Surface drainage designs and structures are erosion proof through control of the direction,
volume, and velocities of drainage patterns. These patterns shall promote natural vegetation
growth that are included in the design in order that drainage waters may be impeded in their
flow and percolation encouraged.
• The design shall include trash collection devices when handling street and parking drainage
to contain solid waste and trash.
• Watercourse designs, control volumes, and velocities of water to prevent bottom and bank
erosion. In particular, changes of direction shall guard against undercutting of banks.
• If vegetation has been removed or has not been able to occur on surface areas such as infill
zones, it shall be the duty of the developer to stabilize and control the impacted surface
areas to prevent wind erosion and the blowing of surface material through the planting of
grasses, and windbreaks and other similar barriers.
8. Driveways. The construction, improvement, and maintenance of a driveway shall be permitted for any
dwelling or other permanent building allowed in a critical dune area, including a dwelling or other
permanent building approved under this ordinance or a lawful nonconforming use, subject only to
applicable permit requirements under Sections 35312 through 35325 of Part 353 of Public Act 451 of
1999, as amended, and the following:
a. A driveway shall be permitted either to the principal building or, in the sole discretion of the
applicant, to an accessory building, under the provisions of this ordinance. Additional driveways, if
any, shall meet the applicable requirements for any other use under this ordinance. The
development of a plan for a driveway should include consideration of the use of retaining walls,
bridges, or similar measures, if feasible, to minimize the impact of the driveway, parking, and
turnaround areas, and the consideration of alternative locations on the same lot of record
b. Driveways on slopes steeper than a 1-foot vertical rise in a 4-foot horizontal plane, but not steeper
than a 1-foot rise in a 3-foot horizontal plane, shall be in accordance with a site plan submitted with
the permit application and prepared for the site by a registered professional architect or licensed
professional engineer. The site plan shall include:
• Storm water drainage that provides for disposal of storm water without serious erosion,
• Methods for controlling erosion from wind and water, and
• Restabilization, by design elements including vegetation, cut-and-fill, bridges,
traverses, and such other elements as are required in the judgment of the architect or
engineer to meet these requirements.
c. Driveways on slopes steeper than a 1-foot vertical rise in a 3-foot horizontal plane shall be in
accordance with a site plan submitted with the permit application and prepared for the site by a
licensed professional engineer. The site plan shall include:
• Storm water drainage that provides for disposal of storm water without serious erosion,
• Methods for controlling erosion from wind and water, and
• Restabilization, by design elements including vegetation, cut-and-fill, bridges, traverses,
and such other elements as are required in the judgment of the engineer to meet these
requirements. The engineer shall certify under seal that the driveway is not likely to
increase erosion or decrease stability.
d. Temporary construction access for all construction, including new construction, renovation, repairs,
rebuilding, or replacement, and repair, improvement, or replacement of septic tanks and systems,
shall be allowed for any use allowed in a critical dune area for which a driveway is not already
installed by the owner, subject only to the requirements that the temporary access shall not involve
a contour change or vegetation removal that increases erosion or decreases stability except as can
be restabilized upon completion of the construction. The temporary access shall be maintained in
stable condition, and restabilization shall be commenced promptly upon completion of the
construction.
9. Utilities. A use needed to maintain, repair, or replace existing utility lines, pipelines, or other utility
facilities within a critical dune area that were in existence on July 5, 1989, or were constructed in
accordance with a permit under this section or under Part 353 of the Natural Resources and Environmental
Protection Act, being Act 451 of the Public Acts of 1994, as amended, is exempt for purposes for which
the permit was issued from the operation of this section if the maintenance, repair, or replacement is
completed in compliance with all of the following:
a. Vehicles shall not be driven on slopes greater than 1-foot vertical rise in a 3-foot horizontal plane.
b. All disturbed areas shall be immediately stabilized and revegetated with native vegetation
following completion of work to prevent erosion.
c. Any removal of woody vegetation shall be done in a manner to assure that any adverse effect on
the dune will be minimized and will not significantly after the physical characteristics or stability of
the dune.
d. To accomplish replacement of a utility pole, the new pole shall be placed adjacent to the existing
pole, and the existing pole shall be removed by cutting at ground level.
e. In the case of repair of underground utility wires, the repair shall be limited to the minimal
excavation necessary to replace the wires by plowing, small trench excavation, or directional
boring. Replacement of wires on slopes steeper than 1-foot vertical rise in a 4-foot horizontal plane
shall be limited to installation by plowing or directional boring only.
f. In the cases of repair or replacement of underground pipelines, directional boring shall be utilized,
and if excavation is necessary to access and bore the pipeline the excavation area shall be located
on slopes 1-foot vertical rise in a 4-foot horizontal plane or less.
10. Accessibility. Notwithstanding any other provision of this section, at the request of the applicant, the
construction, improvement and maintenance of accessibility measures shall be permitted for any dwelling
or other permanent building allowed in a critical dune area, including a dwelling or other permanent
building approved under this section or a lawful nonconforming use, subject only to applicable permit
requirements of this section and the following:
a. Accessibility measures on slopes steeper than 1-foot vertical rise in a 4-foot horizontal plane,
but not steeper than a 1-foot vertical rise in a 3-foot horizontal plane, shall be in accordance
with a site plan submitted with the permit application and prepared for the site by a registered
professional architect or licensed professional engineer. The site plan shall include:
• Storm water drainage that provides for disposal of storm water without serious erosion,
• Methods for controlling erosion from wind and water, and
• Restablization, by design elements including vegetation, cut-and-fill, bridges, traverses,
and such other elements as are required in the judgement of the architect or engineer to
meet these requirements.
b. Accessibility measures on slopes steeper than a 1-foot vertical rise in a 3-foot horizontal plane
shall be in accordance with a site plan submitted with the permit application and prepared for
the site by a licensed professional engineer. The site plan shall include:
• Storm water drainage that provides for disposal of storm water without serious erosion,
• Methods for controlling erosion from wind and water, and
• Restablization, by design elements including vegetation, cut-and-fill, bridges, traverses,
and such other elements as are required in the judgement of the architect or engineer to
meet these requirements. The engineer shall certify under seal that the accessibility
measures are not likely to increase erosion or decrease stability.
The choice of components for an accessible route under American national standards institute standard
402.2 shall be at the option of the applicant.
11. Prohibited Uses. The following uses are not permitted in a critical dune area:
a. The disposal of sewage on-site unless the standards of applicable sanitary codes are met or
exceeded.
b. A use that does not comply with the minimum setback requirements required by rules that are
promulgated under part 323 of Public Act 451 of 1994.
c. A surface drilling operation that is utilized for the purpose of exploring for or producing
hydrocarbons or natural brine or for the disposal of the waste or by-products of the operation,
except those that are lawfully in existence at a site on July 5, 1989 may be continued. The
continuance, completion, restoration, reconstruction, extension, or substitution of those existing
uses shall be permitted upon reasonable terms prescribed by the Planning Commission.
d. Production facilities regulated under parts 615 and 625 of Act 451 of 1994, except those that
are lawfully in existence at a site on July 5, 1989 may be continued. The continuance,
completion, restoration, reconstruction, extension, or substitution of those existing uses shall be
permitted upon reasonable terms prescribed by the Planning Commission.
12. Non-Permitted Uses, Unless a Variance is Granted. Unless a variance is granted, the following uses are
not permitted in a critical dune area:
a. A structure and access to the structure on a slope within a critical dune area that has a slope that
measures from a 1-foot vertical rise in a 4-foot horizontal plane to less than a 1-foot vertical rise
in a 3-foot horizontal plane, unless the structure and access to the structure are in accordance
with a site plan prepared for the site by a registered professional architect or a licensed
professional engineer and the site plan provides for the disposal of storm waters without serious
soil erosion and without sedimentation of any stream or other body of water.
b. A use on a slope within a critical dune area that has a slope steeper than a 1-foot vertical rise in
a 3-foot horizontal plane.
c. A use involving a contour change if the Zoning Administrator determines that it is more likely
than not to increase erosion or decrease stability.
d. Sylvicultural practices, as described in the "Forest Management Guidelines for Michigan",
prepared by the Society of American Foresters as revised in 2010, if the City of Muskegon
determines that they are more likely than not to increase erosion or decrease stability.
e. A use that involves a vegetation removal if the Zoning Administrator determines that it is more
likely than not to increase erosion or decrease stability.
13. Site Plan Review. When reviewing a site plan submitted, along with all the application information
required, the Zoning Administrator shall:
a. Ensure that the requirements of the zoning ordinance have been met and the plan is consistent
with existing laws.
b. Determine whether the advice or assistance of Muskegon County will be helpful in reviewing a
site plan, and if so, to so seek it.
c. Recommend alterations of a proposed development to minimize adverse effects anticipated if
the development is approved and to ensure compliance with all applicable state and local
requirements.
d. Determine that the proposed use will ensure and enhance the diversity, quality, function and
values of the critical dune in a manner that is compatible with private property rights; allows for
compatible economic development and multiple human uses of the critical dune, using the
most competent, accurate and reliable information and scientific data available.
14. Use Standards. Any lot or parcel which in whole or part which falls within the Dune Overlay Zone and/or
within 250 feet outside the Dune Overlay Zone that is determined by the Planning Commission to be
essential to the hydrology, ecology, topography, or integrity of a critical dune area shall not be used except
upon receipt of a permit from the Zoning Administrator. No zoning permit shall be issued for the use of
land within this zone or within 250 feet outside the zone that is determined by the Planning Commission to
be essential to the hydrology, ecology, topography, or integrity of a critical dune area until a site plan
meeting the requirements of this Section and those of Article XXIII, Section 2330, have been met. If
requested, the Planning Commission will make the final determination as to whether or not these standards
have been met and shall exercise its lawful discretion in all cases in favor of protection of the critical dune
area.
15. Prohibition of Construction Without Permit. No grading or clearing of a site shall be done prior to issuance
of a zoning permit as required in this Ordinance.
16. Special Use Project Review Procedures. A proposed special use project shall be reviewed and a
recommendation for approval, approval with conditions, or denial is made by the Planning Commission
pursuant to the special use procedures of this ordinance shall be completed.
17. Department of Environmental Quality Review. Prior to issuing a permit allowing a special use project
within a critical dune area, the Planning Commission shall submit the special use project application and
site plan and their proposed decision to the Department of Environmental Quality, Land and Water
Management Division following the procedures of this ordinance.
18. Nonconforming Uses. The lawful use of land or a structure, as existing and lawful within a critical dune
area in the time of the adoption of this overlay zone, may be continued although the use of that land or
structure does not conform to the provisions of this overlay zone. The continuance, completion, restoration,
reconstruction, extension or substitution of existing nonconforming uses of land or a structure may
continue consistent with the nonconforming use requirements of this Ordinance. See Article XXII,
Section2202.
19. Rebuilding of Lawful Structures. A structure or use located in a critical dune area that is destroyed by fire,
other than arson for which the owner is found to be responsible, or an act of nature, except for erosion, may
be rebuilt or replaced if the structure or use was lawful at the time it was constructed or commenced; and a
replacement structure and its use may differ from that which was destroyed if it does not exceed in size or
scope that which was destroyed.
20. Variance. The Zoning Board of Appeals may grant a variance from the requirements of this overlay zone
if an unreasonable hardship will occur to the owner of the property if the variance is not granted. The
procedural requirements of Article XXIII (Site Plan Review) and Article XXV (Zoning Board of Appeals)
shall be adhered to. A variance shall be subject to the following limitations:
a. The Zoning Board of Appeals may issue variances under Article XXV of the zoning ordinance
if a practical difficulty will occur to the owner of the property if the variance is not granted. In
determining whether a practical difficulty will occur if a variance is not granted, primary
consideration shall be given to assuring that human health and safety are protected by the
determination and that the determination complies with applicable local zoning, other state
laws, and federal law. If a practical difficulty will occur to the owner of the property if the
variance is not granted, a variance shall be granted under this Section unless the Zoning Board
of Appeals determines that the use will significantly damage the public interest on the privately
owned land, or, if the land is publicly owned, the public interest in the publicly owned land, by
significant and unreasonable depletion or degradation of any of the following:
• The diversity of the critical dune areas within the local unit of government.
• The quality of the critical dune areas within the local unit of government.
• The functions of the critical dune areas within the local unit of government.
b. The decision of the Zoning Board of Appeals shall be in writing and shall be based upon
evidence that would meet the standards in Section 75 of the Administrative Procedures Act of
1969, 1969 PA 306, MCL 24.275. A decision denying a variance shall document, and any
review upholding the decision shall determine, all of the following:
• That the City of Muskegon has met the burden of proof under subsections 1A
through 1C.
• That the decision is based upon sufficient facts or data.
• That the decision is the product of reliable scientific principles and methods.
• That the decision has applied the principles and methods reliably to the facts.
• That the facts or data upon which the decision is based are recorded in the file.
c. The City of Muskegon shall not require an environmental site assessment or environmental
impact statement for a variance except for a special use project.
d. A variance shall not be granted from a setback requirement provided for under Section 35034
pursuant to Part 353 of the Public Act 451 of 1994 unless the property for which the variance is
requested is one of the following:
• A nonconforming lot of record that is recorded prior to July 5, 1989, and that becomes
nonconforming due to the operation of Part 353.
• A lot legally created after July 5, 1989 that later becomes nonconforming due to natural
shoreline erosion.
• Property on which the base of the first landward critical dune of at least 20 feet in
height that is not a foredune is located at least 500 feet inland from the first foredune
crest or line of vegetation on the property. However, the setback shall be a minimum of
200 feet measured from the foredune crest or line of vegetation.
21. Penalties. In addition to the penalty provisions of this Ordinance, the provisions of Public Act 451 of 1994
shall apply in the event of any violation. Pursuant to the Public Act, a court may impose on a person who
violates any provision of this Dune Overlay Zone, or a provision of a permit issued hereunder, a civil fine
of not more than $5,000 for each day of violation, or order a violator to pay the full cost of the full cost of
restabilization of a critical dune area or other natural resource that is damaged or destroyed as a result of a
violation, or both. If a person is ordered by the Zoning Administrator to restore a critical dune that has
been degraded by that person, the Zoning Administrator shall establish a procedure by which the
restoration of the critical dune area is monitored to assure that the restoration is completed in a satisfactory
manner.
22. Applicable Law. Incorporated by reference herein is Part 353, Michigan Natural Resources and
Environmental Protection Act, PA 451 of 1994, as amended.
23. Severability. If any section, clause, or provision of this Ordinance be declared unconstitutional or otherwise
invalid by a court of competent jurisdiction, said declaration shall not affect the remainder of the
Ordinance. The City Commission hereby declares that it would have passed this Ordinance and each part,
section, subsection, phrase, sentence and clause irrespective of the fact that any one or more parts, sections,
subsections, phrases, sentences or clauses be declared invalid. However, if any provision of the Ordinance
is declared invalid, the City must seek written confirmation from the DEQ that the Ordinance still complies
with Part 353, Michigan Natural Resources and Environmental Protection Act, PA 451 of 1994, as
amended.
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
12th day of December, 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 December 12, 2017, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 2310 of the zoning ordinance to adopt a local critical dune
ordinance. 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
23
CRITICAL DUNE AREAS
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Muskegon City Limits
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CITY OF MUSKEGON WILLIAMS & WORKS - NEDERVELD
Date: January 3, 2018
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Adopt a Resolution Approving the Liquor License
Application for EAT1635, LLC for a Class C Liquor
License at 1635 Beidler
SUMMARY OF REQUEST: To adopt a resolution approving a Class C Liquor
License for Eat1635, LLC at 1635 Beidler.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adopt a resolution approving the request for a
Class C Liquor License for EAT1635, LLC at 1635 Beidler.
Commission Meeting Date: January 9, 2018
Date: January 4, 2018
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Approval of a Neighborhood Enterprise Zone Certificate
SUMMARY OF REQUEST:
An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received
from Community enCompass for the rehabilitation of the home at 1173 4th St. The rehab
will include upgrades to the roof, bathroom, paint, flooring and windows and will cost
about $25,000. Community encompass will hold the NEZ certificate in abeyance until it
is transferred to a new owner within two years. The applicant has met local and state
requirements for the issuance of the NEZ certificate.
FINANCIAL IMPACT:
The property taxes will be frozen at the pre-rehabilitated rate for the duration of the
certificate.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the NEZ certificate.
COMMITTEE RECOMMENDATION:
None
1/4/2018
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE REHABILITATED CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with
the City Clerk by Community enCompass to rehabilitate a home at 1173 4th St in the Nelson
neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;
WHEREAS, the local unit of government is allowing the six (6) month grace period after
construction commencement to apply, which is allowed under the law;
WHEREAS, the Neighborhood Enterprise Zone Certificate will be approved for twelve (12)
years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the new construction of a home by Cheryl Parker be approved.
Adopted this 9th day of January, 2017.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
City Clerk
1/4/18
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 January 9, 2017.
By: ________________________
Ann Meisch
City Clerk
1/4/18
Date: 12/20/2017
To: Honorable Mayor and City Commissioners
From: Department of Public Works
RE: Ryerson Creek – Clean-up Efforts and Resolution of Support
SUMMARY OF REQUEST:
The West Michigan Shoreline Regional Development Commission and ATY Metals
(Teledyne Continental Motors) are seeking funding from the Environmental Protection
Agency and Michigan Department of Environmental Quality to continue cleanup efforts
related to contaminated soils in watersheds affecting the Great Lakes with the eventual
goal of delisting Muskegon Lake. WMSRDC is gathering support and contributions as
match for the federal funding. In an effort to provide in-kind contribution, staff have
reviewed sanitary sewer capacity and recommend allowing up to 100,000 gallons of
wastewater into our system at no cost to the project. Lost revenue associated with this
request amounts to approximately $200. The project will not restrict future development
or dredging. Staff is requesting that a resolution of support for the project be approved.
FINANCIAL IMPACT:
$200
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Approve resolution of support for the Ryerson Creek Great Lakes Legacy Act contaminated
sediment cleanup project.
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\010918\08a_Commission Request Ryerson Creek
Resolution.doc
City of Muskegon
RESOLUTION
SUPPORT OF
MUSKEGON LAKE AREA OF CONCERN DELISTING
AND
CONTAMINATED SEDIMENT CLEANUP of RYERSON CREEK and MUSKEGON LAKE
WHEREAS, Muskegon City Commissioners desire to promote and support delisting of the
Muskegon Lake Area of Concern (AOC); and
WHEREAS, Muskegon City Commissioners desire to support efforts to remediate and restore
environmental and ecological impairments to Ryerson Creek and Muskegon Lake; and
WHEREAS, Muskegon City Commissioners support development of the Feasibility Study &
Remedial Design to remediate contaminated sediments; and
NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners support and
commit to reducing waste disposal costs as in-kind contributions to enhance remediation of
Ryerson Creek and Muskegon Lake and that the City of Muskegon Department of Public Works
be directed to work collaboratively with federal, state, and local stakeholders in restoring
Muskegon Lake’s ecosystems.
Dated this ______ of _______ 20__.
________________________________
Stephen J. Gawron
Mayor
_________________________________
Ann Marie Meisch
City Clerk
Date: 12/27/2017
To: Honorable Mayor and City Commissioners
From: Department of Public Works
RE: City Hall East Entrance Roof Replacement
SUMMARY OF REQUEST:
The roof over the east entrance to City Hall needs to be replaced due to age and
improper drainage. Last spring, the project was advertised, and bids were taken with
the low bid amount being $42,000. In order to capitalize on that bid amount,
commitment for the work had to be given and materials ordered prior to the end of the
calendar year. If delayed, the increased cost of materials and labor would be $4,200.
The Finance Director confirmed that there is available funding for the work, and the City
Manager gave approval to move forward with the bid and seek Commission approval at
the January 9 meeting since there was no meeting planned for the fourth Tuesday in
December.
Staff is requesting that the budget increase be approved to fund the replacement of the
roof.
FINANCIAL IMPACT:
$45,000
BUDGET ACTION REQUIRED:
Increase City Hall Maintenance budget by $45,000 in next reforecast
STAFF RECOMMENDATION:
Approve budget increase for the roof replacement for the east entrance to City Hall.
CITY OF MUSKEGON
2017-2018 PRICE SAVINGS
PROJECT: CITY HALL SECTION #1
DATE: 27-Dec-17 REQUISTION
NAME OF BIDDER NAME OF BIDDER NAME OF BIDDER NAME OF BIDDER
VENDOR ALLIED ROOFING
TELEPHONE 616-291-2433
QUOTED BY WAYNE ALLEN
QUANTITY DESCRIPTION UNIT PRICE TOTAL PRICE
2017 REPLACEMENT $ 41,800.00
2017 TOTAL PRICE $ 41,800.00
YEARLY INFLATION % (MATERIAL & LABOR) 10%
ESTIMATED 2018 PRICE $ 45,980.00
ESTIMATED COST SAVINGS $ 4,180.00
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