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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 28, 2019 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Authorization to Sign Community Housing Development Organization
(CHDO) Agreements Community & Neighborhood Services
C. Aggregates, Highway Maintenance Materials and Concrete Department
of Public Works
D. Contract for Mowing, Trash, and Brush Pickup Public Safety
E. Halaula Hawaiian Ice Shack Concession/Business Contract for City of
Muskegon Parks Department of Public Works
F. Trespassing Ordinance (Amendment) Public Safety
G. Disorderly Conduct Ordinance (Amendment) Public Safety
H. Zoning Ordinance Amendment – Critical Dunes Planning & Economic
Development
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
Page 1 of 2
□ NEW BUSINESS:
A. Amendment to the Form Based Code Section of the Zoning Ordinance
Planning & Economic Development
B. Rezoning of Several Parcels in the Lakeside Neighborhood Planning &
Economic Development
C. 2019 CDBG/HOME Budget Recommendations Community &
Neighborhood Services
D. Convention Center Development Agreement Changes City Manager
E. Sale of City Property at 1246 Fifth, 1252 Fifth, and 1258 Fifth Planning &
Economic Development
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 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: May 24, 2019
Here is a quick outline of the items on our agenda:
1. 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. Authorization to sign our CHDO agreement with Community EnCompass to
construct affordable housing in the Nelson Neighborhood.
c. Approval of the annual bid for highway materials used by the DPW.
d. Approval of the mowing, trash, and brush pick up contract with Earth Creations
LLC. They have been our contractor for more than a decade. We did receive two
bids for this work.
e. Approval of a concessions agreement with Halaula Hawaiian Ice Shack to operate
in Muskegon Parks. We will receive $1,000 base rent plus 5% of gross sales.
f. We are recommending that the Commission amend its trespassing ordinance.
g. We are recommending that the Commission amend its Disorderly Conduct
Ordinance.
h. We are recommending that the City Commission approve amendments to the
critical dune ordinance as recommended by both the State DEQ and the City
Planning Commission.
2. Under the New Business, we are asking the Commission to consider the following:
a. We are recommending that the Commission concur with the Planning
Commission’s recommendation to amend the Form Based Code section of the
Zoning Ordinance. We made this change to accommodate the use of Form Based
Code elements in the Lakeside area.
b. We are recommending that the Commission concur with the Planning
Commission’s recommendation to rezone a number of parcels in Lakeside to
various levels of Form Based Code. This is related to Item a.
c. We are recommending that the Commission accept the staff recommended CDBG
and HOME budgets.
d. We are seeking Commission concurrence with the convention center
development agreement changes recommended by Muskegon County and
Parkland Properties. I have attached two memos. The proposed changes are as
follows:
i. Extend the requirement for Parkland Acquisitions Two, LLC to levy the 44%
self-assessment from to December 31, 2050, or the expiration of the
convention center debt, whichever is sooner;
ii. Reduce the minimum square footage of the multi-purpose hall in the
Convention Center to 17,500 square feet;
iii. Remove any requirements that contractors pay their employees prevailing
wages.
Please note that per my previous memo, we intend to implement a local
preference that provides qualified contractors up to 5% preference for hiring local
workers.
e. We are recommending that the Commission authorize the sale of three vacant
City Lots for $3,600 to West Urban Properties LLC. The developer will combine
the lots and then split them to accommodate two custom homes.
Let me know if you have any questions/comments/concerns
Frank
Date: May 21, 2019
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the May 13, 2019 Worksession and
May 14, 2019 Regular Meeting minutes.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, May 13, 2019
5:30 p.m.
City Commission Chambers
MINUTES
2019-36
Present: Mayor Gawron, Commissioners Turnquist, Warren, Hood, Johnson, German, and
Rinsema-Sybenga.
Absent: None.
Purchase Agreement Extension - 1490 Lakeshore Drive
Staff is seeking permission to enter into a purchase agreement to sell the city-owned property at
1490 Lakeshore Drive. The potential developer has been working with City staff, the DEQ, and
Amoco/BP to resolve the existing environmental issues on the site. The prognosis for an
amicable resolution is good, but it may take a number of years. As such, staff is seeking a five
year agreement.
This item has been placed on the May 14, 2019 City Commission meeting for consideration.
Arena Management - Arc Arena Management
Staff is seeking approval with Arc Arena Management to undertake the daily management of the
LC Walker Arena. Matt Gongalski and Arc Arena Management have been managing aspects of
the arena for the past year. With the departure of the previous arena manager, staff is
recommending that Arc be appointed to fill that role.
This item has been placed on the May 14, 2019 City Commission meeting for consideration.
Marina Management Agreement
Staff has been working with the developer of Hartshorn Marina Village to create a plan to co-
manage the marina and the condominium association. The two assets will have many of the
same users and will share many of the same amenities. Consistency in management is
important to both organizations. Staff is recommending approval of the marina management
agreement. It is expected the agreement will be cost-neutral compared to the city’s previous
years’ management expenses.
This item has been placed on the May 14, 2019 City Commission meeting for consideration.
Book Review
The Planning Department has purchased copies of the book, Suburban Nation, by Andres
Duany, Elizabeth Plater-Zyberk, and Jeff Speck for each Commissioner. The first two authors of
this book are also the founders of the consulting firm, DPZ, who completed the plans for the
Windward Pointe development.
The book is very informative. The authors have written in a way that makes complicated topics
easy to understand. It is full of examples and photos that illustrate important points. The intent is
to present topics from the book at upcoming work sessions. Because the city is in the midst of
so much development, the hope is to be able to provide Commissioners with further
understanding of planning principles to better inform decisions.
Parks & Streets Capital Request
Leo Evans, Public Works Director, gave a PowerPoint presentation giving an overview of the
needs of the parks and local streets. Commissioners discussed the possibility of asking the
public to consider a millage.
Prohibition of Sale and the Consumption of Marihuana in Public Places (Sec 58-4)
The Director of Public Safety requests that the Commission consider approving the prohibition
of sale and consumption of marijuana in public places.
A public place is considered any places owned, occupied, or managed by the City of Muskegon.
The penalty is a civil infraction as prescribed by MCL.333.27965.
This ordinance does not supersede rights and obligations with the respect to the transfer or
consumption of marihuana on private property to the extent authorized by the person who owns,
occupies, or operates such property and with the respect to the use of marijuana for medicinal
purpose.
This item has been placed on the May 14, 2019 City Commission meeting for consideration.
Recreational Marihuana Q & A
Mike Franzak, Planning Director, presented the Q&A on Recreational Marihuana produced by
the Michigan Municipal League.
Public Participation
Roger Rappaport, 339 Houston, is concerned with closing Fourth Street unless the City opens
Fifth Street.
Any Other Business
There was general discussion about other items on the regular meeting agenda.
Commissioners were encouraged to ask any questions they had for the City Manager at this
meeting, as he would not be present at the Regular Meeting on May 14, 2019.
Warren left at 9:25 p.m., German left at 9:40 p.m., Hood left at 9:55 p.m.
The Worksession meeting adjourned at 10:00 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 14, 2019 @ 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, May 14, 2019, Pastor
Darrin Longmire, Forest Park Covenant 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, Debra Warren, Dan Rinsema-Sybenga, and Willie
German, Jr., Acting City Manager LeighAnn Mikesell, City Attorney John Schrier,
and City Clerk Ann Meisch.
INTRODUCTIONS/PRESENTATION:
A. Recognition of Paul Billings Outstanding Citizen Recipient for 2018
Mayor Stephen J. Gawron and the City Commission recognized Mr. Paul Billings
for being selected as the 2018 Outstanding Citizen Recipient. Paul Allen “P.A.”
Billings is described as an advocate for the community, a visionary, and
philanthropist.
2019-37 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the April 23, 2019 Regular
Meeting.
FINANCIAL IMPACT: None
BUDGET RECOMMENDATION: None
STAFF RECOMMENDATION: Approval of the minutes.
B. 2019-2020 Michigan Municipal League Membership Dues City Clerk
SUMMARY OF REQUEST: Approval to pay the 2019-2020 MML dues in the
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amount of $10,206. This is an increase of $239.
FINANCIAL IMPACT:
MML Dues $9,278
Legal Defense Fund $ 928
Total $10,206
BUDGET RECOMMENDATION: None
STAFF RECOMMENDATION: Approval.
C. Zoning Ordinance Amendment – Planned Unit Development Section of
Single Family Residential Districts – 2nd Reading Planning & Economic
Development
SUMMARY OF REQUEST: Staff initiated request to amend Section 403 of the
zoning ordinance to revise the intent of the Planned Unit Development option
by allowing limited retail options.
FINANCIAL IMPACT: None
BUDGET RECOMMENDATION: None
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended approval of the request 8-0 at their April 11 meeting.
D. Zoning Ordinance Amendment – Landscaping Requirements – 2nd
Reading Planning & Economic Development
SUMMARY OF REQUEST: Staff initiated request to amend Section 2331 of the
zoning ordinance to allow applicants to donate trees to the City’s nursery rather
than to replace trees on site during development.
FINANCIAL IMPACT: None
BUDGET RECOMMENDATION: None
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended approval of the request 8-0 at their April 11 meeting.
F. Arena Management City Manager
SUMMARY OF REQUEST: Staff is seeking approval with Arc Arena Management
to undertake the daily management of the LC Walker Arena. Matt Gongalski
and Arc Arena Management have been managing aspects of the arena for
the past year. With the departure of the previous arena manager, staff is
recommending that Arc be appointed to fill that role.
FINANCIAL IMPACT: First Year: $57,000
Page 2 of 13
BUDGET RECOMMENDATION: None at this time.
STAFF RECOMMENDATION: To authorize the city manager to enter into the
agreement with Arc Arena Management to manage the LC Walker Arena.
G. Purchase Agreement Extension – 1490 Lakeshore Drive City Manager
SUMMARY OF REQUEST: Staff is seeking permission to enter into a purchase
agreement to sell the city-owned property at 1490 Lakeshore Drive. The
potential developer has been working with City staff, the DEQ, and Amoco/BP
to resolve the existing environmental issues on the site. The prognosis for an
amicable resolution is good, but it may take a number of years. As such, staff is
seeking a five year agreement.
FINANCIAL IMPACT: None
BUDGET RECOMMENDATION: None at this time.
STAFF RECOMMENDATION: To authorize the city manager to enter into the
sales agreement to sell the property at 1490 Lakeshore Drive for $420,000 to
Muskegon Harbor Services, LLC. The agreement shall require a $5,000 initial
earnest deposit, plus an additional $5,000 earnest deposit due June 1 of each
year of the agreement. The earnest deposit shall be refundable only in the
event the developer fails to complete the sale, and developer releases all due
diligence and planning documents to the City.
H. Tug and Trailer Purchase City Manager
SUMMARY OF REQUEST: Staff has been working with various downtown event
organizers to identify ways to make downtown events more accessible. There is
significant interest in locally acquiring and operating a low-cost people mover.
Staff has identified a used tug system that can move in excess of 40 people at
one time, and can accommodate wheel chairs. Staff is seeking permission to
purchase the equipment. The equipment identified belongs to Creek County,
Oklahoma, and is currently in storage.
FINANCIAL IMPACT: $44,000
BUDGET RECOMMENDATION: None at this time.
STAFF RECOMMENDATION: To authorize the purchase of one tug and two
trailers from Creek County, Oklahoma at a cost not to exceed $44,000.
I. Storage Garage – Marsh Field City Manager
SUMMARY OF REQUEST: City staff is seeking permission to collaborate with
Muskegon Baseball to construct a storage garage at Marsh Field. The garage
will be slightly larger than a two-stall garage. The estimated cost of the structure
is $25,000. Muskegon Baseball will reimburse the City of Muskegon 50% of the
expense.
FINANCIAL IMPACT: $25,000
Page 3 of 13
BUDGET RECOMMENDATION: None at this time
STAFF RECOMMENDATION: To authorize the construction of a storage
garage at Marsh Field at a cost not to exceed $25,000, with $12,500 being
reimbursed by Muskegon Baseball.
J. Purchase Agreement – 1192 Pine Street City Manager
SUMMARY OF REQUEST: City staff is seeking permission to purchase the vacant
home located at 1192 Pine. Earlier this year, the city acquired the adjacent
property via tax foreclosure. The two homes share a yard and off-street parking.
It is likely that they once were owned by the same entity in the past. The home
at 1192 was offered for auction in late April. Staff put a bid on the property of
$4,500. This was the only bid received. Although it did not meet the auction’s
reserve price, the sellers agreed to accept the offer. Staff anticipates
approximately $2,500 in transaction-related costs.
FINANCIAL IMPACT: $7,000 from Public Improvement Fund.
BUDGET RECOMMENDATION: None at this time.
STAFF RECOMMENDATION: To authorize the city manager to complete the
purchase of 1192 Pine Street.
K. Tuition Reimbursement City Manager
SUMMARY OF REQUEST: Staff is seeking an update to the existing tuition
reimbursement program for active employees. Currently, the City reimburses up
to $2,000 annually for undergraduate-level courses and $2,500 for graduate-
level courses. The updated program will reimburse up to $2,500 annually for
undergraduate-level courses and $3,000 for graduate-level courses.
FINANCIAL IMPACT: None at this time.
BUDGET RECOMMENDATION: None at this time.
STAFF RECOMMENDATION: To authorize the updated Tuition Reimbursement
Program.
M. Hartshorn Marina T-Dock Repairs Department of Public Works
SUMMARY OF REQUEST: Authorize staff to contract with T.R. Ghezzi, LLC for
repairs to the T-Dock at Hartshorn Marina. After the ice thawed the T-Dock was
found to be in need of repairs prior to opening for the season.
Two contractors were solicited for bids on the project:
T.R. Ghezzi LLC $10,300.00
Great Lakes Declined to Bid
FINANCIAL IMPACT: $10,300.00
BUDGET RECOMMENDATION: None
Page 4 of 13
STAFF RECOMMENDATION: Authorize staff to contract with T.R. Ghezzi LLC for
the dock repairs.
N. Consumers Energy LED Department of Public Works
SUMMARY OF REQUEST: Authorize the City Clerk to sign the lighting change
contract with Consumers Energy. The agreement covers change in billing for
lights upgraded to LED due to faults and or burnouts.
FINANCIAL IMPACT: None
BUDGET RECOMMENDATION: None. Faulted or burned out lights are upgraded
and replaced with LED at no cost.
STAFF RECOMMENDATION: Authorize the City Clerk to sign the contact with
Consumers Energy.
O. SRF – RR Sewer Crossing Department of Public Works
SUMMARY OF REQUEST: Authorize staff to sign the agreement with CSX for the
new sanitary sewer crossing under the railroad line near 8th Street. The line is
being installed as a part of the 2019 SRF projects.
FINANCIAL IMPACT: $21,500.00
BUDGET RECOMMENDATION: None. Will be billed to the capital project for 9th
Street sewer upgrades.
STAFF RECOMMENDATION: Authorize staff to sign the agreement with CSX for
the new sanitary sewer crossing.
P. DPW Carbon Monoxide System Upgrade and Repairs Department of
Public Works
SUMMARY OF REQUEST: Award a contract for upgrade and repair to the
carbon monoxide monitoring and control system at DPW to the low bidder.
Three contactors submitted bids for this projects as follows:
• Foster Electric Company $8,650.00
• Fredrickson Electric, Inc. $11,676.50
• Belasco Electric $17, 923.00
FINANCIAL IMPACT: $8,650.00
BUDGET RECOMMENDATION: None.
STAFF RECOMMENDATION: Award the project to the low bidder Foster
Electric Company.
R. 2019-20 Healthcare and Wellness Program Finance
SUMMARY OF REQUEST: The City’s healthcare coverage renews effective June
1st, for a period 6/1/19 – 5/31/20. This year’s Priority Health renewal premium
Page 5 of 13
came in at a 0.003% increase over the previous year. Last year’s increase was
7.64%. For several years the City has made numerous benefit changes including
increasing deductibles and copays along with changes to the drug copays to
keep our increases as low as possible. Last year, to help offset the cost, we
increased the employee’s premium copay from 10% to 14%. This will keep our
employer contribution below the “hard cap limits” set by PA 152.
For 2019-20 the City will continue to pay the HRA deductible if the employee
and spouse complete the wellness requirements by March 31st. Non-participants
in the wellness program will be required to pay the $1,000 for single coverage or
$2,000 per double or family coverage of the deductible.
FINANCIAL IMPACT: Following is an estimate of gross premium costs for the
Priority Health HMO program compared with the current healthcare plan year.
BUDGET RECOMMENDATION: Employee and retiree healthcare costs will be
included in the forthcoming 2019-20 budget.
STAFF RECOMMENDATION: Authorize staff to execute documents with Priority
Health to renew employee healthcare coverage for the coming year.
S. Delta Dental Renewal Finance
SUMMARY OF REQUEST: The City’s dental insurance renews effective June 1st,
for the period 6/1/19 – 5/31/20. This year’s renewal came in at a 10% decrease
over last year. We decided to take this opportunity to increase the benefits
which has not been done in over 20 years. We are proposing to increase the
annual maximum from $1,000 to $2,000. Overall this will net an increase of less
than 1%.
FINANCIAL IMPACT: Less than $1,500 annual increase.
BUDGET RECOMMENDATION: This will be included in the 2019-2020 budget.
STAFF RECOMMENDATION: Authorize the staff to execute documents to
Page 6 of 13
renew the employee dental insurance coverage with the increase in the annual
maximum.
T. Financing for Roof Replacement at LC Walker Arena Finance
SUMMARY OF REQUEST: At the December 11, 2018 City Commission meeting
the Commission voted to accept the bid from Certified Building Solutions for the
roof replacement at the LC Walker Arena for $1,051,413. At this time we are
seeking authorization to enter into a lease agreement with Team Financial for
the roof replacement. The proposed terms are for a seven year lease at 4.57%
interest rate with the City purchasing the roof at the end of the lease for $1.
FINANCIAL IMPACT: Annual payments of $175,800.00
BUDGET RECOMMENDATION: This will be included in the 2019-2020 budget.
STAFF RECOMMENDATION: Authorize the staff to enter into a lease
agreement with Team Financial for the roof replacement.
U. Financing for HVAC/Dehumidification Upgrades at LC Walker Arena
Finance
SUMMARY OF REQUEST: At the December 11, 2018 City Commission meeting
the Commission voted to accept the bid from Hurst Mechanical for the
Dehumidification upgrade at the LC Walker Arena. At this time we are seeking
authorization to enter into a lease agreement with Team Financial for the
HVAC/Dehumidification upgrades. The proposed terms are for a seven year
lease at 4.33 % interest rate with the City purchasing the systems at the end of
the lease for $1.
FINANCIAL IMPACT: Annual payments of $207,252
BUDGET RECOMMENDATION: This will be included in the 2019-2020 budget.
STAFF RECOMMENDATION: Authorize staff to enter into a lease agreement
with Team Financial for the HVAC/Dehumidification upgrades.
V. Notice of Intent Resolution Sanitary Sewer Revenue Bonds Finance
SUMMARY OF REQUEST: A notice of Intent Resolution for Sanitary Sewer System
Bonds was approved at the March 12, 2019 meeting for $8.5 million. Base on
recent estimates of the cost of the project we believe it is necessary to request
an additional authorization for $3 million. This will bring the total amount of bonds
issued to finance the acquisition and construction of the project to shall not
exceed $11.5 million.
FINANCIAL IMPACT: None
BUDGET RECOMMENDATION: None
STAFF RECOMMENDATION: Approve the Notice of Intent Resolution for an
additional $3 million Sanitary Sewer System Revenue Bonds bringing the total not
Page 7 of 13
to exceed $11.5 million.
Motion by Commissioner Warren, second by Commissioner German, to approve
the consent agenda as presented, except items E, L, and Q.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
2019-38 ITEMS REMOVED FROM CONSENT:
E. Marina Management Agreement City Manager
SUMMARY OF REQUEST: Staff has been working with the developer of Hartshorn
Marina Village to create a plan to co-manage the marina and the
condominium association. The two assets will have many of the same users and
will share many of the same amenities. Consistency in management is important
to both organizations. Staff is recommending approval of the marina
management agreement. It is expected the agreement will be cost-neutral
compared to the city’s previous years management expenses.
FINANCIAL IMPACT: None
BUDGET RECOMMENDATION: None at this time.
STAFF RECOMMENDATION: To authorize the city manager to enter into the
agreement.
Motion by Commissioner Johnson, second by Commissioner Warren, to
authorize the City Manager to enter into the agreement.
Motion by Commissioner Johnson, second by Commissioner Rinsema-
Sybenga, to amend the agreement to end February 28, 2024.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga,
Turnquist, and Johnson
Nays: None
MOTION PASSES
VOTE ON ORIGINAL MOTION:
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga,
and Turnquist
Nays: None
MOTION PASSES
L. Summer Evening Recreation Program City Manager
SUMMARY OF REQUEST: Construction and scheduling issues at the High School
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caused the program to shrink to four weeks. A partnership with the Boys and Girls
Club will allow the program to extend four additional weeks. Staff is seeking
approval to spend an additional $13,500 to accommodate this change to the
evening recreation program.
FINANCIAL IMPACT: $13,500
BUDGET RECOMMENDATION: None at this time.
STAFF RECOMMENDATION: To accept the proposal from the Boys and Girls
Club of the Muskegon Lakeshore.
Motion by Commissioner German, second by Commissioner Johnson, to accept
the proposal from the Boys and Girls Club of Muskegon Lakeshore.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron
Nays: None
MOTION PASSES
Q. Change Order #003 – West Shore CF Demolition Department of Public
Works
SUMMARY OF REQUEST: Authorize staff to process Change Order #003 for the
proposed demolition work at the West Shore Correctional Facility.
Change Order #003 amends the contract to include removal of all existing
underground utilities from the site. This was not included in the original bid
request, but was later determined to be essential to facilitate future
redevelopment.
FINANCIAL IMPACT: $120,000.00
BUDGET RECOMMENDATION: None. Staff is seeking an amendment to the
purchase agreement to offset the added demolition costs. Costs will be
reimbursed through the state MEDC grant if the purchase agreement cannot be
amended.
STAFF RECOMMENDATION: Authorize staff to process Change Order #003 for
the proposed demolition work at the West Shore Correctional Facility.
Motion by Commissioner German, second by Commissioner Johnson, to
authorize staff to process Change Order #003 for the proposed demolition work
at the West Shore Correctional Facility.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
Page 9 of 13
2019-39 PUBLIC HEARINGS:
A. Public Hearing for Amendment to the Brownfield Plan for DMDC
Redevelopment Project-Former Muskegon Mall Planning & Economic
Development
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution
approving and adopting the amendment for the first amendment to the
Brownfield Plan for DMDC Redevelopment Project – Former Muskegon Mall. The
amendment is intended to identify additional eligible activities proposed for the
eligible property owned by Sweetwater Development, LLC (“Sweetwater”) that
was previously included in the Brownfield Plan.
FINANCIAL IMPACT: Brownfield Tax Increment Financing will be used to
reimburse the developer for “eligible expenses” incurred in association with
development of The Leonard building downtown which is anticipated to be an
$8.7 million investment.
“Eligible Expenses” would be reimbursed to Sweetwater starting in 2020. The
estimated tax capture and payment schedule is included as Attachment L-4 in
the proposed Brownfield Plan Amendment.
After all eligible costs incurred by the various parties are reimbursed, the BRA
may, as the capture term provides, continue to capture local taxes for five more
years for deposit into a Local Brownfield Revolving Fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold the public hearing and approve the
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the
public hearing for May 14, 2019 at their April 23, 2019 meeting. Since that time, a
notice of the public hearing has been sent to taxing jurisdictions. In addition, the
Brownfield Redevelopment Authority approved the Plan amendment on March
12, 2019 and further recommends that the Muskegon City Commission approve
the Plan amendment.
PUBLIC HEARING COMMENCED:
Jared Balkema, Warner Norcross & Judd, gave a brief explanation of the project.
Cory Leonard, owner, gave a general overview of the project.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
close the public hearing and approve the resolution and authorize the mayor
and clerk to sign the resolution referencing the amendment to the Brownfield
Development Plan for DMDC Redevelopment Project – Former Muskegon Mall.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
Hood, and Warren
Page 10 of 13
Nays: None
MOTION PASSES
B. Public Hearing for Amendment to Brownfield Plan – City of Muskegon
(Developer) Planning & Economic Development
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution
approving and adopting the amendment for the Brownfield Plan. The
amendments are for the inclusion of properties owned by the City of Muskegon
LLC in the Brownfield Plan.
FINANCIAL IMPACT: Brownfield Tax Increment Financing will be used to
reimburse the developer for “eligible expenses” incurred in association with
development of 48 residential units in the Nelson Neighborhood.
“Eligible Expenses” would be reimbursed starting in 2020. The estimated tax
capture and payment schedule is included at Attachment B in the proposed
Brownfield Plan Amendment.
After all eligible costs incurred by the various parties are reimbursed (estimated
to bin in 2032), the BRA is authorized to continue to capture local taxes for five
more years for deposit into a Local Site Remediation Revolving Fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold the public hearing and approve the
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the
public hearing for May 14, 2019 at their April 23, 2019 meeting. Since that time, a
notice of public hearing has been sent to taxing jurisdictions. In addition, the
Brownfield Redevelopment Authority approve the Plan amendment on April 9,
2019 and further recommends that the Muskegon City Commission approve the
Plan Amendment.
PUBLIC HEARING COMMENCED:
Venita Cole, 516 Marshall Street, asked if there were any plans to bring jobs to
Muskegon.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
close the public hearing and approve the resolution and authorize the Mayor
and Clerk to sign the resolution referencing the amendment to the Brownfield
Plan – City of Muskegon - Developer.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
Warren, and German
Nays: None
MOTION PASSES
Page 11 of 13
2019-40 NEW BUSINESS:
A. Fireworks Ordinance Update Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission consider approving an update to our local fireworks ordinance. The
State of Michigan has amended the state law effective December 28, 2018 as it
relates to fireworks use and also providing civil fines for violations. It significantly
shortens the days and times that fireworks can be discharged within the City of
Muskegon. The penalty for discharging fireworks will be a civil infraction carrying
a fine of $1,000.00 for the first offense with $500.00 of the fine collected shall be
remitted to the City of Muskegon Police Department as provided for in MCL
28,457(3).
FINANCIAL IMPACT: Revenue generated will be put into a separate
account as prescribed above.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the Use of
Consumer Fireworks prohibited ordinance.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the Use of Consumer Fireworks Prohibited Ordinance.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
B. Prohibition of Sale and the Consumption of Marihuana in Public Places
(Sec 58-4) Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission consider approving the prohibition of sale and consumption of
marijuana in public places.
• A public place is considered any places owned, occupied, or
managed by the City of Muskegon.
• The penalty is a civil infraction as prescribed by MCL 333.27965.
• This ordinance does not supersede rights and obligations with
respect to the transfer or consumption of marihuana on private
property to the extent authorized by the person who owns,
occupies, or operates such property and with respect to the use of
marihuana for medicinal purpose.
FINANCIAL IMPACT: Revenue generated will be put into a separate
account.
Page 12 of 13
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the prohibition of
sale and consumption of marijuana in public places.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Turnquist,
to approve the Prohibition of Sale and Consumption of Marijuana in Public
Places.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga,
and Turnquist
Nays: None
MOTION PASSES
C. 2019 CDBG/HOME Budget Recommendations Community and
Neighborhood Services
REMOVED PER STAFF REQUEST
D. Purchase Agreement – Former Farmers Market Site City Manager
REMOVED PER STAFF REQUEST
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 7:40 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 13 of 13
Commission Meeting Date: May 28, 2019
Date: May 20, 2019
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Authorization To Sign Community Housing
Development Organization (CHDO) Agreements
SUMMARY OF REQUEST: To direct the Mayor and City Clerk to sign
the approved agreement for the City’s CHDO Reserve and Operating
Funds, for Bethany Housing Ministries, Inc. d/b/a Community
enCompass. Community enCompass, has proposed to build a multi-
family home, located at 480 Houston in the Nelson Neighborhood. The
total budget for this project is $108,000.00. Community enCompass has
been allocated $100,000.00 (CHDO Reserve) and $8,000.00 (CHDO
Operating), in HOME funds to assist in the completion of this home.
Community enCompass will be providing decent affordable housing
within the City of Muskegon.
After the Mayor and Clerk sign the contracts, the CNS office will retain
one copy for our files and a copy will be supplied to Community
enCompass for their records.
FINANCIAL IMPACT: NONE
BUDGET ACTION REQUIRED: HOME Funds prior to 2018.
STAFF RECOMMENDATION: To direct Mayor and Clerk to sign
agreements.
COMMITTEE RECOMMENDATION: NONE
AGENDA ITEM NO. __________
CITY COMMISSION MEETING __
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: May 24, 2019
SUBJECT: Aggregates, Highway Maintenance Materials and Concrete
SUMMARY OF REQUEST:
Award supply of Calcium Chloride 38% (road brine) and 32% (winter salting) to Great Lakes
Chloride
Award bid to supply bituminous products (Base and Top) to Asphalt Paving, Inc.
Award bid to supply Sylvax patching material to Unique Paving Materials
Award bid to supply AE-90 Asphalt Emulsions to Bit-Mat Products
Award bid for crack sealant to Surface Coatings, Co.
Award bid to supply H1/32FA limestone chip blend to Verplank Trucking Company
Award bid to supply road slag to Yellow Rose Transport
Award bid to supply road gravel to Yellow Rose Transport and Verplank
Award bid to supply 2NS sand to Verplank Trucking Company
Award bid to supply screened top soil to Accurate Excavators
Award bid to supply Fill Sand to Accurate Excavators
Award bid to supply concrete mix to Port City Redi-Mix
FINANCIAL IMPACT:
$516,030.00
BUDGET ACTION REQUIRED:
None; funds appropriated in several budgets.
STAFF RECOMMENDATION:
Recommend approval of bids as outlined in Summary of Request.
To: The City Commission
From: Leo Evans, Director of Public Works
Date: May 24, 2019
Subject: 2019 Aggregates, Highway Maintenance Materials, and Concrete
Purchases will be made from recommended bidder (in bold), contingent upon product availability, timely
deliveries, and prices as quoted.
85,000 gallons Calcium Chloride 38% (road brine) ($66,300.00)
Great Lakes Chloride P.O. Box 634, Grand Haven, MI 49417 $0.78 per gallon, spread
15,000 gallons Calcium Chloride 32% (winter salting) ($8,250.00)
Great Lakes Chloride P.O. Box 634, Grand Haven, MI 49417 $0.55 per gallon, storage
200 ton Bituminous Asphalt Base ($13,700.00)
Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190 $68.50 per ton, picked up
1,000 ton Bituminous Asphalt Top ($69,500.00)
Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190 $69.50 per ton, picked up
500 tons Sylvax Patching Materials – UPM-CP-7, or ASTM Specification C-136 #9 or Statite CP-6,
or similar product ($54,250.00)
Unique Paving Materials 3993 E. 93rd Street, Cleveland, OH 44105 $108.50 per ton, delivered
Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190 $110.00 per ton, picked up
30,000 gallons AE-90 Asphalt Emulsions ($64,800.00)
Bit-Mat Products 401 Tiernan Rd, Bay City, MI 48706 $2.16 per gallon, delivered
Tri-State Asphalt 1362 Bungalow Rd, Morris, Illinois 60450 $2.19 per gallon, delivered
50,000 pounds Crack Sealant (block form) ($20,500.00)
Surface Coatings, Co. 2280 Auburn Rd, Auburn Hills, MI 48326 $0.41 per pound, delivered
Sherwin Industries, Inc 2129 West Morgan Ave., Milwaukee, WI 53221 $0.45 per pound, delivered
500 ton H1/32FA Limestone Chip Blend ($11,000.00)
Verplank Trucking Co. PO Box 8, Ferrysburg, MI 49409 $22.00 per ton, delivered
Yellow Rose Transport 3531 Busch Dr., Grandville, MI 49418 $22.50 per ton, delivered
2019 Aggregates, Highway Maintenance Materials, and Concrete
May 24, 2019
Page 2
5,000 ton Road Slag 22-A Natural ($66,250.00)
Verplank Trucking Co. PO Box 8, Ferrysburg, MI 49409 $13.95 per ton, delivered
Yellow Rose Transport 3531 Busch Dr., Grandville, MI 49418 $13.25 per ton, delivered
500 ton Road Gravel 22-A ($6,250.00)
Verplank Trucking Co. PO Box 8, Ferrysburg, MI 49409 $12.50 per ton, delivered
Yellow Rose Transport 3531 Busch Dr., Grandville, MI 49418 $12.50 per ton, delivered
Note: Bid amounts same. Purchases will be split between both vendors.
500 ton 2NS Sand ($5,000.00)
Yellow Rose Transport 3531 Busch Dr., Grandville, MI 49418 $11.15 per ton, delivered
Verplank Trucking Co. PO Box 8, Ferrysburg, MI 49409 $10.00 per ton, delivered
500 yards Screened Top Soil ($4,000.00)
Accurate Excavators 2821 Central Rd, Muskegon, MI 49445 $8.00 per cubic yard, delivered
Verplank P.O. Box 8, Ferrysburg, Muskegon, MI 49409 $10.00 per cubic yard, delivered
Yellow Rose Transport 3531 Busch Dr., Grandville, MI 49418 $14.50 per ton, delivered
McCormick Sand ` 5430 Russell Rd, Twin Lake, MI 49457 $15.00 per cubic yard, delivered
2000 ton Fill Sand ($12,000.00)
Accurate Excavators 2821 Central Rd, Muskegon, MI 49445 $6.00 per cubic yard, delivered
Verplank Trucking Co. PO Box 8, Ferrysburg, MI 49409 $7.25 per cubic yard, delivered
Yellow Rose Transport 3531 Busch Dr., Grandville, MI 49418 $7.50 per cubic yard, delivered
McCormick Sand 5430 Russell Rd, Twin Lake, MI 49457 $7.30 per cubic yard, delivered
Concrete mix as needed ($114,230.00 based on previous purchases)
Port City Redi-Mix $112.00 per cubic yard, 7 Sack Mix, delivered*
1780 Sheridan Road, Muskegon, MI 49442
Consumers Concrete $117.00 per cubic yard, 7 Sack Mix, delivered
4400 E. Evanston Avenue, Muskegon MI 49442
*The 7-sack mix is the most commonly used product. Low bid based on inclusion of other charges for
“multiple drop locations” and “small load charges”. It should also be noted that concrete purchases may
include several miscellaneous charges, including, but not limited to, hot water, chloride, winter price, and
extra unload time.
COMMISSION MEETING DATE May 28, 2019
Date: May 16, 2019
To: Honorable Mayor and City Commissioners
From: Jeffrey Lewis, Director of Public Safety
RE: Contract for mowing, trash, and brush pickup
_______________________________________________________
SUMMARY OF REQUEST:
The city of Muskegon had requested contract fee proposals for mowing, trash, and
brush clean up on both private and public properties throughout the City of Muskegon for a
three (3) year limit with the option to be extend one (1) year upon mutual agreement from
both parties with a 60 day notice before expiration of contract.
This request resulted in two submissions from area contractors to perform the
services needed and can be seen later in this document. Because of the varying prices, we
would like to recommend that a three (3) year contract be awarded to Earth Creations LLC
with the option to extend one (1) year upon mutual agreement.
Earth Creations LLC has served as the contractor for these services for the past 11
years; they have worked diligently and seamlessly with the City of Muskegon. The rates
Earth Creations have applied to this bid are higher than in previous years due to increased
costs in insurance, equipment, and labor. Awarding contract as indicated would also be
accepting the lowest bidder.
FINANCIAL IMPACT:
Funds budgeted for this activity.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve a three (3) year contract with Earth Creations LLC.
1|P a g e
AGREEMENT FOR CONTRACTED SERVICES
This Agreement for Contracted Services ("Agreement") is entered into by and between
The City of Muskegon having a principal place of business at 933 Terrace St., Ste 201,
Muskegon, MI, 49440 ("The City of Muskegon"), and Earth Creations LLC, having a principal
place of business located at 1657 S. Getty, Muskegon, MI 49442 ("Contractor"), as of this day
of _______, 20_______(the "Effective Date") with regard to the following terms and
conditions.
1. General. In consideration of the intent and mutual covenants contained in this
Agreement, The City of Muskegon and Contractor have entered into this Agreement
with respect to the performance by Contractor of the Services (as defined in Section
2(a)) related to the Project. This Agreement is intended to and shall govern all work and
services provided by Contractor for the Project, whether initiated or performed prior to
or subsequent to the execution of this Agreement. This Agreement shall last for a term
of three (3) years, unless terminated earlier pursuant to the terms below. If Contractor
is not in default under the terms herein, it may extend the term of this Agreement for a
period of one (1) additional year by providing written notice to The City of Muskegon
not less than sixty (60) days prior to the end of the initial term.
2. Contractor Responsibilities.
(a) Performance of the Services. Contractor agrees to provide all contracted
services and perform all other obligations described in this Agreement, including
without limitation those set forth on Exhibit A attached hereto and incorporated
herein by reference, and any and all services reasonably inferable therefrom
(collectively, the "Services"). The Services, collectively at all sites where they are
performed, may be referred to as the “Project” in this Agreement. Contractor
represents and warrants that it understands the requirements of this Agreement
and that it is experienced and qualified to perform the Services required.
(b) Supervision; Licensure; Standard of Care, Skill and Diligence. Contractor shall
provide all labor and supervision necessary to perform the Services. Contractor
shall obtain all necessary permits and licenses necessary for Contractor to
perform the Services. Contractor represents and warrants that it shall perform
all Services in accordance with the standard of care, skill and diligence that
equals or exceeds that which is recognized in the industry for the performance of
services of the nature and/or type of the Services.
(c) Safety; Responsibility for Others. Contractor shall be solely responsible for the
safety and protection of Contractor's employees and shall take all reasonable
safety precautions. Additionally, Contractor shall be solely responsible for, and
shall insure, its own tools, equipment, materials, supplies and any other items
used by Contractor in furtherance of performing under this Agreement.
Contractor shall be responsible to The City of Muskegon for the acts, errors and
omissions of Contractor's employees, its Subcontractors (as hereinafter defined)
Page 1 of 13
and their respective agents and employees and all other persons performing any
portion of any Services under the direction or control of Contractor. Contractor
shall at all times maintain good order among its employees.
(d) Hazardous Materials. Contractor shall not bring any Hazardous Materials onto
the Project site and shall bear all responsibility and liability for such Hazardous
Materials; provided, however, that Contractor may bring onto a Project site such
Hazardous Materials as are necessary to perform the Services so long as the
same is done in compliance with all Laws and Contractor shall remain
responsible and strictly liable for all such Hazardous Materials. As used herein,
"Hazardous Materials" shall mean any hazardous or toxic substance or
hazardous or toxic waste, contaminant, or pollutant as defined by or regulated
by any applicable governmental authority.
3. Subcontractors. Contractor may delegate or subcontract any of its duties or obligations
under this Agreement to any person or entity with the prior written consent of The City
of Muskegon. In the event The City of Muskegon elects, in its sole and absolute
discretion, to permit Contractor to engage a Subcontractor, such use shall be upon such
terms and conditions as The City of Muskegon may determine, in its sole and absolute
discretion. As used herein, “Subcontractor” means a person or entity of any tier (a) that
has been approved by The City of Muskegon in writing prior to Contractor retaining such
subcontractor, and (b) who has a contract either directly or indirectly with Contractor or
perform any portion of the services.
4. Representations and Warranties. Contractor represents and warrants that (a)
Contractor will comply with all federal, state and local laws, codes, ordinances, rules,
regulations, recorded covenants, conditions and/or restrictions, and statues applicable
to the Project (collectively, "Laws"), (b) Contractor shall be responsible for the quality
and coordination of all Services provided by or through Contractor under this
Agreement, and (c) the Services performed will conform to the requirements of this
Agreement. All Services not conforming to this Agreement will be considered defective
and, in addition to any other rights or remedies available to The City of Muskegon,
Contractor will re-perform the non-conforming portion of the Services at no additional
cost or expense. All representations and warranties provided in this Section 4 or
elsewhere in this Agreement shall survive any termination of this Agreement.
5. Contract Time. Contractor shall commence the Services upon its receipt of a written
notice to proceed from The City of Muskegon, whereupon Contractor shall diligently
perform such Services in accordance with this Agreement and the schedule attached
hereto as Exhibit B, which Services shall be properly completed on or before the date
set forth thereon (the "Contract Time"). Timely completion of the Services is of the
essence with respect to this Agreement. Contractor agrees to perform all Services and
all portions thereof promptly, diligently and in such order and sequence as is necessary
to assure the efficient, expeditious and timely completion of all Services. Contractor
shall proceed with the Services so as not to hinder, delay, or interfere with the work or
Page 2 of 13
services of others. In the event Contractor causes delay on the Project, Contractor shall
be responsible for costs and expenses associated with such delay. Contractor shall, upon
written request from The City of Muskegon, reimburse The City of Muskegon for such
delay damages.
6. Additional Services. The City of Muskegon, without invalidating this Agreement, may
require the Contractor to make changes in the Services within the general scope of the
Services, consisting of additions or other revisions ("Additional Services"), and may
order deletions in the scope of Services to be performed by Contractor by issuing a
written order to the Contractor pursuant to the provisions of this Agreement (a "Change
Order"). The Change Order will describe any adjustments to the Contract Price and/or
Contract Time. In order to be effective, such Change Order must be executed by The City
of Muskegon and Contractor.
7. Payment.
(a) Compensation. Except as may be adjusted pursuant to the terms of this
Agreement, The City if Muskegon shall pay Contractor, as full and complete
compensation for the proper performance of all Services in accordance with and
consistent with this Agreement, as described on Exhibit C attached hereto (the
("Contract Price"). If the City if Muskegon corrects any breach of this Agreement
by Contractor and/or corrects any deficient, defective or nonconforming
Services performed by the Contractor or anyone for whom Contractor is
responsible, then the Contract Price shall be reduced in the amount reasonably
determined by The City if Muskegon to compensate for such breach. If the
unpaid balance of the Contract Price is less than the total amount by which the
Contract Price is reduced pursuant to this Section, the difference shall be paid
by Contractor to the City if Muskegon. The City if Muskegon shall pay Contractor
with the frequency described on Exhibit C.
(b) Related Information. Contractor acknowledges and agrees that as a condition to
payment, Contractor shall deliver such documentation as The City of Muskegon
requests, to ensure the Services have been properly completed.
8. Insurance and Indemnity.
(a) Contractor's Insurance. Contractor shall purchase and maintain, from a company
or companies authorized to do business in the state in which the Project is
located, insurance in such amounts and coverage as required by The City of
Muskegon. All such insurance shall be on an occurrence basis and shall be
procured from carriers maintaining an A.M. Best Rating of A-VII or higher. Such
insurance shall include, but not be limited to: general liability coverage with
limits not less than $1,000,000 per occurrence and $2,000,000 in aggregate, and
with commercial vehicle coverage; and Worker’s’ Compensation insurance with
coverage as required by law. Contractor shall submit to The City of Muskegon
certificates of the insurance procured by Contractor with respect to the
performance of Services. With the exception of Workers' Compensation, the
Page 3 of 13
insurance coverage required by this Section shall name The City of Muskegon as
an additional insured and shall not be canceled or allowed to expire without
thirty (30) days prior written notice to The City of Muskegon. The coverage on all
such policies required from Contractor pursuant to this Section shall be primary
to any valid and collectible insurance carried by The City of Muskegon.
(b) Indemnity. Contractor shall, to the maximum extent permitted by Law, defend,
indemnify and hold harmless The City of Muskegon and any owner of real
property where Services are performed, and their respective owners, affiliates,
subsidiaries, successors, assigns, officers, directors, employees, agents and any
other party to whom The City of Muskegon may be liable (collectively, the
"Indemnitees") from and against any and all claims, liabilities, losses, demands,
damages, losses, causes of action, costs and expenses, including by way of
example and not of limitation, attorneys' fees, The City of Muskegon expenses,
litigation expenses and punitive damages (collectively, "Losses") arising out of,
resulting from or in connection with, this Agreement, including by way of
example, but not of limitation, performance of any and all Services. This
indemnity obligation shall not be construed to negate, abridge or otherwise
reduce any other right or obligation of indemnity which would otherwise exist as
to any party or person described in this Section 8. Contractor shall not be
obligated to indemnify an Indemnitee for claims arising from the sole negligence
of such Indemnitee. The indemnification obligation shall not be limited in any
way by any limitation on the amounts or type of damages, compensation,
termination of this Agreement, or benefits payable by or for The City of
Muskegon under worker's compensation acts, disability benefit acts, other
employee benefit acts or applicable insurance policies. Without limiting the
foregoing, Contractor's indemnity obligations under this Agreement shall survive
termination of this Agreement.
9. Termination.
(a) Termination for Cause. If Contractor fails to perform any Services properly and
diligently or fails to perform any provisions of this Agreement, the same shall be
considered a breach of this Agreement. Such breach by Contractor shall entitle
The City of Muskegon to, without limitation, (1) terminate this Agreement upon
delivery of written notice to Contractor and/or (2) cause the Services to be
completed by others selected by The City of Muskegon for Contractor's account.
Contractor agrees to immediately pay all costs and damages sustained by The
City of Muskegon because of such breach, which amounts may be deducted
from amounts otherwise owed Contractor hereunder.
(b) Termination for Convenience. The City of Muskegon, at its sole option, may
terminate this Agreement at any time and for any reason or no reason, by giving
Contractor at least fifteen (15) days prior written notice, and should such
termination be made other than for cause, as provided in Section 9(a) hereof,
Page 4 of 13
The City of Muskegon shall pay Contractor the cost of the Services actually
completed by Contractor, less all sums previously paid by The City of Muskegon
to Contractor, and any deductions made by The City of Muskegon in accordance
herewith, provided, however, the total amount to be received by Contractor
shall not in the aggregate exceed the Contract Price.
(c) Termination by Contractor. Contractor may only terminate its performance
hereunder in the event The City of Muskegon fails to timely pay Contractor in
accordance with the payment provisions of this Agreement. In such event,
Contractor shall first provide The City of Muskegon with fifteen (15) days prior
written notice of Contractor's intent to terminate pursuant to this Section 9 and
provide The City of Muskegon with fifteen (15) days to cure such non-payment.
(d) Survival of Termination. In the event this Agreement is terminated for any
reason, Contractor's duties, indemnities and all other obligations which by their
nature survive termination hereof, with respect to its Services provided through
the date of termination, shall survive such termination and be in full force and
effect for the period of time prescribed by this Agreement, or applicable Law,
whichever is longer.
10. Dispute Resolution.
(a) THE PARTIES AGREE THAT ANY DISPUTE UNDER THIS AGREEMENT SHALL, (a)
BE RESOLVED BY THE MUSKEGON COUNTY COURT SYSTEM, and (b)
CONTRACTOR AND THE CITY OF MUSKEGON KNOWINGLY AND WILLINGLY
WAIVE ANY RIGHT THEY HAVE UNDER APPLICABLE LAW TO A TRIAL BY JURY IN
ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT
OR THE ISSUES RAISED BY THAT DISPUTE. The party which substantially prevails
on the issues in dispute shall be entitled to an award of its reasonable attorney
fees incurred, plus all costs and expenses reasonably incurred in prosecuting or
defending such claims including, but not limited to, costs of The City of
Muskegon.
(b) Duty to Continue Performance. The existence of any claim, dispute or legal
proceeding shall not relieve Contractor from its obligation to continue to
properly perform its Services as set forth herein. In the event of a dispute with
respect to amounts payable to Contractor hereunder, The City of Muskegon shall
pay all undisputed amounts and Contractor shall continue performing any
remaining Services hereunder. Continued performance by either party shall not
waive any claims, rights or remedies Contractor or The City of Muskegon may
have concerning the dispute.
11. Miscellaneous.
(a) Entire Agreement; Severability; Governing Law. The parties have entered into
this Agreement in good faith, and it constitutes the entire understanding of the
parties, and there are no representations, warranties or undertakings made
other than as set forth herein. Except as contemplated by Section 6 hereof, this
Page 5 of 13
Agreement shall not be modified, amended, extended or changed in any manner
except in writing, signed by persons duly authorized to represent, respectively,
The City of Muskegon and Contractor. The parties intend that all terms and
provisions of this Agreement be legal and enforceable under applicable Law as
written. In the event any of these provisions should be found to be
unenforceable, it shall be stricken, and the remaining provisions shall be
enforceable. This Agreement, including its interpretation, validity and
enforcement, shall be governed by and construed in accordance with the Laws of
the State where the Project is located without regard to its choice of law
provisions.
(b) Assignment. Contractor may not assign this Agreement, in whole or in part,
without the prior written consent of The City of Muskegon, any such permitted
assignment shall be upon such terms and conditions as specified by The City of
Muskegon. The City of Muskegon shall have the right to freely assign its rights
and obligations under this Agreement.
(c) Independent Contractor; Headings and Interpretation. Pursuant to the terms of
this Agreement, Contractor shall be an independent contractor to The City of
Muskegon and shall have no other relationship to The City of Muskegon or the
projects and activities of The City of Muskegon other than as defined in this
Agreement. The headings of the Sections in this Agreement are inserted for
convenience of reference only and shall not control or affect the meaning or
construction of any of the agreements, terms and conditions of this Agreement
in any manner. Contractor agrees and represents that Contractor has carefully
considered this Agreement, including all exhibits and schedules hereto, and that
ambiguities, if any, shall not be construed or enforced against the drafter.
(d) Notices. Any notice or communication provided for hereunder will be in writing
and will be deemed given and received (1) upon delivery, if delivered personally
or by facsimile transmission with receipt acknowledged, (2) one business day
after having been deposited for overnight delivery with Federal Express or a
comparable overnight courier, or (3) three business days after deposit in U.S.
mail when sent by registered or certified mail, postage prepaid, with proof of
delivery to the address of the party shown on the signature page hereof or such
other address as a party may specify in a written notice to the other. As used
herein, "business day" means any day in which banking institutions are open for
business in the State where the Project is located.
Page 6 of 13
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first written above.
THIS AGREEMENT CONTAINS BINDING ARBITRATION AND JURY WAIVER PROVISIONS.
THE CITY OF MUSKEGON
The City of Muskegon
__________________________________
Printed Name: ______________________
Title: ______________________________
933 Terrace St., STE 201
Muskegon, MI 49443
213-724-6715
Contractor
Earth Creations LLC
__________________________________
Printed Name: ______________________
Title: ______________________________
1657 S. Getty
Muskegon, MI 49442
(231) 206-5759
Page 7 of 13
EXHIBIT A
DESCRIPTION OF CONTRACTED SERVICES
1. Services. Contractor shall provide the following services, under the direction and
supervision of The City of Muskegon Building Safety Dept., relating to yard
maintenance and trash clean-up of the properties in The City of Muskegon.
Contractor shall perform the services set forth in this contract in a timely,
workman-like manner.
(a) Mowing. Contractor shall mow all grass, weeds and brush including moving
around all obstacles, up to three inches (3") in diameter, leaving no ridges
of high or uncut grass.
(b) Trimming/Cutting/Raking. Contractor shall trim all bushes and unsightly
branches, cut large tree limbs that have fallen or logs, rake and remove
heavy concentrations of yard clippings, small debris and fallen leaves
and/or branches. Contractor shall clear sidewalk of debris and clippings as
needed.
(c) Garbage, debris and waste removal. Contractor shall pick up and remove
all garbage, rubbish, debris, trash and waste materials, including but not
limited to cans, bottles, loose papers, dead tree limbs, grass and brush
clippings, abandoned/broken/unused household appliances, furniture, and
other like items.
(d) Disposal.
i. Contractor shall handle and dispose of Freon according to the applicable
State and Federal mandates.
ii. Contractor shall ensure the separation and individual disposal of
garbage and lawn debris.
iii. All garbage, debris, trash, waste materials, grass, weeds, brush,
appliances, furniture and other items removed from each site shall be
transported by the Contractor for disposal to a location predetermined
by The City of Muskegon.
(e) Photographs. Contractor shall photograph each job site prior to and
after completion. The photographs will indicate each job site address
and/or location to ensure proper identification of the location and/or
property. The photographs shall also indicate the time and date the
picture was taken. All processing cost associated with this service shall
be the sole responsibility of the Contractor. Photographs are to be
marked with the enforcement number that corresponds with the work
order they represent.
Page 8 of 13
(f) Record Keeping. Contractor agrees to keep proper records of all work
performed on behalf of The City of Muskegon. This includes electronic daily data
entry of work orders completed on a shared source.
(g) Other. Contractor may be required to perform other related work as
deemed necessary by The City of Muskegon.
2. Expenses. Contractor shall be responsible to pay for all expenses incurred by Contractor
related to the performance of its duties under this Agreement and for all compensation
owed to its workers and/or subcontractors.
3. Contract Price. The City of Muskegon agrees to pay Contractor, in full
consideration for the complete performance of Contractor's obligations under
this Agreement, the amount set forth in the Contractor's bid proposal and
documents described in paragraph 1.
4. Assignments. Work assignments are determined on an as needed basis.
5. Contractor Work Crew.
(a) The City of Muskegon reserves the right to limit the size of work crews at
any time.
(b) The City of Muskegon Representatives. The City of Muskegon may assign
one or more persons to the job site as its Representative(s). The City of
Muskegon Representative(s) may supervise work crew in their performance
at the job site and may instruct the work crews as to what tasks must be
performed.
6. Specific Reservations.
(a) The City of Muskegon reserves the right to have Contractor bag or
remove debris and/or trash from the property and place the same on the
terrace at the property for removal by the City refuse contractor.
(b) The City of Muskegon reserves the right to have the City refuse
contractor clean up the debris and/or trash left on the terrace at a work
site property on an as needed basis.
(c) The City of Muskegon reserves the right to use volunteers, court
ordered public service workers and/or prisoners in lieu of Contractor's
services for any work indicated throughout this Agreement.
Page 9 of 13
EXHIBIT B
Schedule
1. Schedule.
(a) Work schedules shall be completed by The City of Muskegon on a daily or
as needed basis.
(b) Provisions shall be made, at Contractor's expense, for contacting the
Contractor on short notice or in an emergency situation by any of the
following methods:
i. Telephone
ii. Cellular Telephone
2. Work Orders.
(a) Distribution. Work orders will be distributed to the Contractor
electronically at the end of each day.
(b) Completion. All jobs listed must be completed within five (5) working days
following receipt of the work order by Contractor and on a first-come, first-serve
basis.
i. Rush or special requests may be made on occasion, as
determined by The City of Muskegon.
ii. Time extensions may be permitted for inclement weather and
similar restricting circumstances, as determined by The City of
Muskegon.
iii. All completed work orders and billing shall be presented to The
City of Muskegon every Friday.
(c) Travel Time. Travel time shall be charged by Contractor as follows:
i. Time may be charged for travel from a completed job site to another job
site. Travel time shall be shown on a voucher completed for the
destination site.
ii. Time may be charged for travel to and from a disposal site with a
full load of garbage, trash, waste and other items. Travel time shall
be indicated on a dump voucher or slip.
iii. Travel time shall only be compensated for direct and logical routes.
iv. All vouchers, bills, slips and pictures pertaining to a work order or a job
site shall be submitted to The City of Muskegon at the same time.
v. Requests for payment that are submitted without the proper
documentation, including but not limited to vouchers, bills, slips
Page 10 of 13
and pictures will not be accepted until such time all such items are
submitted.
EXHIBIT C
Contract Price
Contractor shall be paid based on the hourly rate schedule set forth below.
Services performed on an hourly rate basis will be performed at the rates set forth below
(the "Hourly Rates") are as follows:
Position Description Hourly Rate
1 Year Bid 2 Year Bid 3 Year Bid 4 Year Bid
Trash Pickup $52.00 $54.00 $56.00 $57.00
Tractor Mowing $52.00 $55.00 $56.00 $57.00
Zero Turn Mowing $52.00 $55.00 $56.00 $57.00
Hand Mowing $43.00 $43.00 $44.00 $45.00
Terrace/24 Hr. Pickup $52.00 $54.00 $56.00
$57.00
Leaf/Brush $52.00 $55.00 $56.00 $57.00
Contractor shall send The City of Muskegon any invoice setting forth the aggregate Hourly
Rates for the immediately preceding month as required by Section 7 of this Agreement
1. Payment.
1. Form
i. Requests shall include a list of job numbers, addresses and
with the corresponding cost of each job.
ii. Requests shall be on a per-quarter hour basis; total time per
job to be agreed to by the Contractor and The City of
Muskegon Representative.
iii. Requests for work completed that were not performed in
compliance with subsection 9(b) may not be compensated.
This includes but is not limited to work that was not
completed due to being asked to leave the property, inability
to perform work on the property, work orders that The City of
Muskegon or The City of Muskegon have asked to be
removed, work that was completed in the time between the
work order being issued and contractors arriving to the site.
Page 11 of 13
iv. Inadvertent payment made to the Contractor for work
not performed in compliance with the terms of this
contract, or for any other reason, will be deducted by
The City of Muskegon from subsequent payments.
2. Frequency. Request for payment shall be made every Friday and
payment will be made twice per month pursuant to the City of
Muskegon’s standard payment practices.
ADDENDUM
Contractor shall furnish or supply all the equipment and labor necessary to carry out
its obligations under this Agreement. The equipment and labor includes but is not
limited to: general labor, daily office manager, technical personnel, machinery,
tools, transportation, fuel, and all other such materials. All equipment must meet
the safety standards as required by MIOSHA.
1. Inspection. The City of Muskegon or its designated agents shall be able to
inspect for safety, appearance and sanitation, all equipment used by
Contractor to carry out its obligations under this Agreement. The City of
Muskegon may refuse Contractor the right to utilize any equipment that is
deemed unsafe, unsanitary or of an unsightly appearance based on that
inspection. In that event, Contractor shall repair, replace or restore the
equipment to a suitable condition as soon as reasonably possible.
2. Required Equipment
(a) Four (4) trucks for 2-man hand mow crews
(b) Eight (8) Push mowers
(c) Eight (8) Weed trimmers
(d) Four (4) tractors with a 60” brush hog mower with a mower deck of a
minimum five feet (5') diameter for each.
(e) Two (2) dump trucks or two (2) heavy duty trucks with trailers.
Minimum size: 10 yards with a 4,000 lb. capacity.
(f) Two (2) Zero turn riding mowers
(g) Chain saws
(h) Hand tools, including rakes, brooms, wheel barrels, shovels, pitch forks,
and other tools as deemed appropriate for the job site.
(i) Twelve (12) Digital cameras, minimum 3-megapixel resolution with
automatic time and dating capacity.
Page 12 of 13
(j) Twelve (12) whiteboard signs with ability to measure 6” to show
proof of work and grass height.
(k) Online database for required pictures, job status updating and
receiving work orders.
(l) Alternative equipment may be proposed for use but requires The City of
Muskegon approval prior to use.
3. Method of Transportation. Contractor agrees to haul tractors, mowers and
other equipment to the job location, unless otherwise approved by The City of
Muskegon.
Page 13 of 13
AGENDA ITEM NO._____________
CITY COMMISSION MEETING ___________________
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: May 28, 2019
SUBJECT: Halaula Hawaiian Ice Shack Concession/Business Contract for City of Muskegon
Parks.
SUMMARY OF REQUEST:
Staff is asking permission to enter into a seasonal contractual agreement, for 2019, with Kim
Fegel of “Halaula Hawaiian Ice Shack”, at Pere Marquette Park, Margaret Drake Park and Kruse
Park located within the City of Muskegon, to sell various items, as stated in their proposal, from
a mobile concession.
FINANCIAL IMPACT:
Concession revenue is $1000.00 plus 5% of gross receipts.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Enter into a seasonal Concession/Business contractual agreement, for 2019, with Kim Fegel of
“Halaula Hawaiian Ice Shack”.
COMMITTEE RECOMMENDATION:
KF Halaula LLC
231-220-5724
Proposal
To: Doug Sayles
From: June 1, 2019 to October 1, 2019
Seasonal shack
Location: Pierre Marquette Park, Margaret Drake Park, and Kruse Park
Hours of operation: Sunday 1pm-8pm, Wednesday andThursday 12pm-9pm, and
Friday and Saturday 12pm-10pm (weather permitting).
We agree to pay $1,000 for the season and 5% of the gross sales. We also agreed to
advertise(online) location and events of and for primary business.
Agreement and terms are in effect as long as each party desires. No permanent is asked,
offered, or implied.
❏ SHACK SETUP
- Shack to code on site (trailerable and self contained)
- Two service windows
- Two ice shavers
- 30 flavors
- Signage and lights
- Power requirements - 110 v. (generator available for power if needed)
❏ TRAILER
- Trailer unit to code (self-contained)
- Two service windows
- Two ice shavers
- 30 flavors
- Signage and lights
- Power requirements -110 v. (generator available for power if needed)
❏ TIKI BAR (portable setup)
- 5 flavors
- One ice shaver
- Signage and lights
- Power required 110 v. (generator available for power if needed)
❏ TABLE TOP MANUAL
- 5 flavors
- One hand operated ice shaver
- No power required
COMMISSION MEETING DATE May 28, 2019
Date: May 20, 2019
To: Honorable Mayor and City Commissioners
From: Jeffrey Lewis, Director of Public Safety
RE: Trespassing Ordinance (amendment)
_______________________________________________________
SUMMARY OF REQUEST:
The Director of Public Safety requests the Commission consider amending the City
of Muskegon Trespassing Ordinance to reflect the change in the new State Law (MCL
750.552), which has been amended from a 93 day misdemeanor with a maximum fine of
$500.00 to a reduced penalty.
A city ordinance cannot exceed the State Law penalty and/or fine schedule, this
adjustment will align our trespassing ordinance and bring our local law into compliance with
the statute. The city’s penalty and fine for trespassing would be reduced to a 30 day
misdemeanor and/or a fine of $250.00.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the reduced penalty to comply with State Law.
1|P a g e
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No. _____
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 54 “Offenses and Miscellaneous Provisions,” Article II “Offenses Involving Property
Rights,” Section 54-35 “Trespass,” of the Code of Ordinances of the City of Muskegon is
amended as follows:
(a) It shall be unlawful for any person to willfully enter upon the lands or premises of
another, whether publicly or privately owned, without lawful authority, after having
been forbidden to do so by the owner or occupant, or the agent or servant of the
owner or occupant, or for any person, being on the land or premises of another,
whether publicly or privately owned, upon being notified to depart therefrom by the
owner or occupant, or the agent or servant of either, to without lawful authority
neglect or refuse to depart therefrom; and all police and other peace officers are
hereby authorized to arrest any person detected by them in such unlawful act and to
detain such person in custody until the proper complaint can be made against such
person.
(b) It shall be unlawful for any person to commit any trespass, as defined in subsection
(a) of this section, in or upon any land or buildings owned, occupied or otherwise
used by a school within the city, and all persons not having legitimate business in and
around the schools located in the city shall be presumed to be trespassing within the
meaning of subsection (a) of this section; and all police and other peace officers are
hereby authorized to arrest such persons.
(c) No person not a student or employee of any school located in the city, or parent or
guardian of any student enrolled therein, shall remain within any school during
normal school hours without securing the written permission of the principal or
person in charge of such school. The term "student," as used in this subsection, is
hereby defined as any person of school age and properly enrolled in the school at
which he then is present.
(d) No person not a student, as defined in subsection (c) of this section, or employee of
any school located in the city, or parent or guardian of any student enrolled therein,
shall remain on any lands owned, occupied or use by any school within the city and
adjacent to a school, without securing written permission of the principal or person in
charge of such school.
(e) Any person convicted of a violation of this section shall be guilty of a misdemeanor
punishable by imprisonment in the county jail for not more than 30 days or by a fine
of not more than $250.00, or both.
This ordinance adopted:
Ayes: ______________________________________________________________
Nays: _______________________________________________________________
Adoption Date: _________________________
Effective Date: _________________________
First Reading: _________________________
Second Reading: ________________________
CITY OF MUSKEGON
By ______________________________
Ann Marie 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 day of , 2019, 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 Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.
DATED: , 2019
_______________________________________
Ann Marie 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
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2019, the City Commission of the City
of Muskegon adopted an amendment to Chapter 54 “Traffic and Vehicles,” Article II “Offenses
Involving Property Rights,” Section 54-35 “Trespass,” of the Code of Ordinances of the City of
Muskegon, whereby the following change was made:
1. A person who violates the trespass of this ordinance shall be guilty of a misdemeanor
punishable by not more than 30 days in jail or by a fine of not more than $250.00, or
both.
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 (10) days from the date of this publication.
CITY OF MUSKEGON
Published: _________________, 2019 By: ______________________________
Ann Marie Meisch, MMC, Its Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
750.552 Trespass upon lands or premises of another; exception; violation; penalty; "process
server" defined.
Sec. 552. (1) Except as otherwise provided in subsection (2), a person shall not do any of the following:
(a) Enter the lands or premises of another without lawful authority after having been forbidden to do so by
the owner or occupant or the agent of the owner or occupant.
(b) Remain without lawful authority on the land or premises of another after being notified to depart by the
owner or occupant or the agent of the owner or occupant.
(c) Enter or remain without lawful authority on fenced or posted farm property of another person without
the consent of the owner or his or her lessee or agent. A request to leave the premises is not a necessary
element for a violation of this subdivision. This subdivision does not apply to a person who is in the process
of attempting, by the most direct route, to contact the owner or his or her lessee or agent to request consent.
(2) Subsection (1) does not apply to a process server who is on the land or premises of another while in the
process of attempting, by the most direct route, to serve process upon any of the following:
(a) An owner or occupant of the land or premises.
(b) An agent of the owner or occupant of the land or premises.
(c) A lessee of the land or premises.
(3) A person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment in the
county jail for not more than 30 days or by a fine of not more than $250.00, or both.
(4) As used in this section, "process server" means a person authorized under the revised judicature act of
1961, 1961 PA 236, MCL 600.101 to 600.9947, or supreme court rule to serve process.
History: Add. 1951, Act 102, Imd. Eff. May 31, 1951;Am. 2007, Act 167, Eff. Mar. 20, 2008;Am. 2013, Act 230, Imd. Eff.
Dec. 26, 2013.
Rendered Thursday, May 16, 2019 Page 1 Michigan Compiled Laws Complete Through PA 12 of 2019
Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov
COMMISSION MEETING DATE May 28, 2019
Date: May 20, 2019
To: Honorable Mayor and City Commissioners
From: Jeffrey Lewis, Director of Public Safety
RE: Disorderly Conduct Ordinance (amendment)
_______________________________________________________
SUMMARY OF REQUEST:
The Director of Public Safety requests the Commission consider the amendment to
54-101 (Disorderly Conduct Ordinance) Subsection (a.3) amplifying the sound produced by
a radio or other electronic device from a motor vehicle (public place, roadway, or park).
This adjustment will define a violation for amplified sound being produced in such a
manner to be plainly audible at a distance 50 feet from the location of said motor vehicle. A
person who violates 54-101 (a.3) shall be responsible for a civil infraction.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the amendment to the Disorderly Conduct Ordinance (54-101 a.3)
1|P a g e
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. _____
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
1. Section 54-101 is amended to read as follows:
54-101. Disorderly Conduct.
(a) A person commits disorderly conduct if he or she disturbs the peace or quiet of a
neighborhood, family or person by:
(1) Engaging in fighting, violent or seriously disruptive behavior;
(2) Making unreasonable noise;
(3) Amplifying the sound produced by a radio or other electronic sound-
making device from within a motor vehicle in such a manner as to be
plainly audible at a distance of 50 feet from the physical location of such
motor vehicle;
(4) Using abusive or offensive language or gestures to any person present in a
manner likely to provoke immediate physical retaliation by such person;
(5) Making protracted commotion, utterance or display with the intent to
prevent the transaction of the business of a lawful meeting, gathering or
procession; or
(6) Refusing to obey a lawful order to disperse issued to maintain public
safety in dangerous proximity to a fire, a hazard or any other emergency.
(b) A person who violates 54-101(a)(3) shall be responsible for a civil infraction, A
person who violates any other provision in 54-101(a) shall be guilty of a
misdemeanor.
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.
O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2019\052819\07B_DISORDERLY CONDUCT (54-101)
AMENDED (A.3) AMPLIFIED SOUND 052119).DOCX
This ordinance adopted:
Ayes: __________________________________________________________________
Nays: __________________________________________________________________
Adoption Date: ________________________
Effective Date: _________________________
First Reading: _________________________
Second Reading: ________________________
CITY OF MUSKEGON
By __________________________
Ann Marie Meisch, MMC
City Clerk
O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2019\052819\07B_DISORDERLY CONDUCT (54-101)
AMENDED (A.3) AMPLIFIED SOUND 052119).DOCX
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 _____ day of ______________, 2019, 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 an in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
DATED: ____________, 2019
_________________________________
Ann Marie Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2019\052819\07B_DISORDERLY CONDUCT (54-101)
AMENDED (A.3) AMPLIFIED SOUND 052119).DOCX
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on _________________ ______, 2019, the City Commission of
the City of Muskegon amended Chapter 54, Article IV by amending Sections 54-101.
Section 54-101(a) has been amended to make it a violation for an individual to amplify sound
from a motor vehicle in a manner that is plainly audible from a distance of 50 feet.
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 (10) days from the date of this publication.
CITY OF MUSKEGON
Published: _________________, 2019 By: ______________________________
Ann Marie Meisch, MMC, Its Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2019\052819\07B_DISORDERLY CONDUCT (54-101)
AMENDED (A.3) AMPLIFIED SOUND 052119).DOCX
Commission Meeting Date: May 28, 2019
Date: May 22, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Zoning Ordinance Amendment – Critical Dunes
SUMMARY OF REQUEST:
Staff initiated request to amend section 2310 of the zoning ordinance to make several
changes to the critical dune ordinance.
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 request at their
May 16 meeting.
SUMMARY
1. The Department of Environmental Quality asked that we make several minor amendments to our
Critical Dune ordinance to better reflect their model zoning ordinance. The changes are more clerical
and will not change how we enforce our procedures.
2. Please see the comments from the DEQ email below.
3. Please see the revised Critical Dune ordinance enclosure.
EMAIL FROM DEQ
Dear Mr. Franzak,
The Department of Environmental Quality (DEQ) has reviewed the ordinance submitted for approval on
February 13, 2019 by the City of Muskegon. The ordinance was also reviewed by the Department of
Attorney General’s office as requested by the DEQ Water Resources Division (WRD). This letter details
questions and required changes regarding the submitted ordinance that need to be addressed before DEQ
WRD approval. Sections refer to the City’s zoning ordinance section 2310: Critical Dune Overlay District.
Subsections refer to Part 353, Sand Dunes Protection and Management, of the Natural Resources and
Environmental Protection Act, 1994 PA 451, as amended. [MCL 324.35301 et seq.]
1. The legislative findings Subsections 35302(b)(i) and (ii) are included in 13d of the Site Plan Review
section. These findings are not in the model zoning plan defined in Subsection 35301(f). Explain why
this language was put in the Site Plan Review section and not the Purpose section.
2. Include the 20 day comment period and public hearing provisions per Subsection 35304(1)(b), (c),
and (d) or explain why it is not included in Section 2310.
3. Include the length of the review period and considerations for an emergency permit per Subsection
35304(1)(e) or explain why it is not included in Section 2310.
4. Include the language of Subsection 35304(1)(g) in Site Plan Review. Specifically, the permit shall be
approved unless 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, quality or functions of
the critical dune areas within the local unit of government.
5. Include the prohibited use of building lakeward of the first lakeward facing slope as noted in
Subsection 35304(3).
“A permit shall not be granted that authorizes construction of a dwelling or other permanent
building on the first lakeward facing slope of a critical dune area or foredune except on a lot
of record that was recorded prior to July 5, 1989 that does not have sufficient buildable area
landward of the crest to construct the dwelling or other permanent building as proposed by
the applicant. The proposed construction, to the greatest extent possible, shall be placed
landward of the crest. The portion of the development that is lakeward of the crest shall be
placed in the location that has the least impact on the critical dune area.”
6. Include the permitted use within 100 feet of the crest as noted in Subsection 35304(4).
“Except as provided in subsection (3), a permit shall provide that a use that is a structure
shall be constructed behind the crest of the first landward ridge of a critical dune area that is
not a foredune. However, if construction occurs within 100 feet measured landward from the
crest of the first landward ridge that is not a foredune, the use shall meet all of the following
requirements:
a. The structure and access to the structure shall be in accordance with a site plan
prepared for the site by a registered professional architect or a licensed
professional engineer and the site plan shall provide for the disposal of storm
waters without serious soil erosion and without sedimentation of any stream or
other body of water.
b. Access to the structure shall be from the landward side of the dune.
c. The dune shall be restabilized with indigenous vegetation.
d. The crest of the dune shall not be reduced in elevation.”
7. The exemption for utilities is included in Section 2310 but the exemption for permitted uses by July 5,
1989 per Subsection 35306 (5) is not. Include in Section 2310 or explain why it is not included.
8. The statute provides the local unit of government the option of requesting a surety bond per
Subsection 35309(5). Explain why requesting a surety bond has not been included in Section 2310.
9. Section 8 Driveways includes a reference to Sections 35312 through 35325 of Part 353 but Section
10 Accessibility does not. Either include the reference in both sections or remove the reference.
10. Add to Section 2 Definitions the definition for accessibility measure per Subsection 35311b(2).
11. Clarify the reference to 1A through 1C in 20b of Section 20 Variances.
12. Include the request for revaluation per Subsection 35318 or explain why it is not included in Section
2310.
13. The term “unreasonable hardship” is used in Section 20 Variances. This term was removed from
Part 353 by the State of Michigan legislature. Explain why the term is included in this section.
14. Correct the typographical errors in section 2h where “dine” should be “dune”, and in section 17
where “Land and Water Management Division” should be “Water Resources Division”.
Please let me know of further questions or concerns.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 2310 of the zoning ordinance to update the Critical Dune ordinance.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
SECTION 2310: CRITICAL DUNES
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.
• 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.
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. "Accessibility measures" means a circulation path and at least 1 entrance on a circulation path
complying with American national standards institute chapter 4 standards for accessible
routes, from a road or easement serving the property, and, at the option of the applicant, from
a sidewalk, a driveway, or a garage. As used in this section, accessibility measures do not
include driveways.
b. "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.
c. "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.
d. "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.
e. "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.
f. "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.
g. "Permit" means a permit for a use within a critical dune area.
h. "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.
i. “Sand dune mining” means the removal of sand from sand dune areas for commercial or industrial
purposes.
j. "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.
k. "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.
a. 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.
b. 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.
c. Except as provided in subsection 11 (e), a permit shall provide that a use that is a structure
shall be constructed behind the crest of the first landward ridge of a critical dune area that is
not a foredune. However, if construction occurs within 100 feet measured landward from the
crest of the first landward ridge that is not a foredune, the use shall meet all of the following
requirements:
i. The structure and access to the structure shall be in accordance with a site plan
prepared for the site by a registered professional architect or a licensed
professional engineer and the site plan shall provide for the disposal of storm
waters without serious soil erosion and without sedimentation of any stream or
other body of water.
ii. Access to the structure shall be from the landward side of the dune.
iii. The dune shall be restabilized with indigenous vegetation.
iv. The crest of the dune shall not be reduced in elevation.
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. A site plan review must be conducted before the issuance of a permit.
a. Uses that have received all necessary permits from the state or the City by July 5, 1989, are
exempt for purposes for which a permit. Is required. Such uses shall be regulated pursuant to
local ordinances in effect by that date.
b. A permit shall be approved unless the local unit of government or the department 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:
i. The diversity of the critical dune areas within the local unit of government.
ii. The quality of the critical dune areas within the local unit of government.
iii. The functions of the critical dune areas within the local unit of government
c. All applications for permits for the use of a critical dune area shall include in writing showing
evidence:
i. 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.
ii. That a proposed sewage treatment or disposal system on the site has been approved by the
county health department, if applicable.
iii. 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.
iv. 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.
v. The payment of any required fees for processing and/or professional review of the
submitted site plan.
d. 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.
e. The Zoning Administrator will require that the applicant supply a contour map of the site with one
foot contour intervals at or near any proposed structure or roadway for any new construction.
f. The City shall provide notice of an application filed under this section to each person who
makes a written request to the City for notification of pending applications. The City may
charge an annual fee for providing this notice. The City shall prepare a monthly list of the
applications made during the previous month and shall promptly provide copies of the list for
the remainder of the calendar year to the persons who have requested notice. Notice of an
application shall also be given to the local conservation district office, the county clerk, the
county health department. The monthly list shall state the name and address of each applicant,
the location of the applicant's project, and a summary statement of the purpose of the use. The
City may hold a public hearing on pending applications.
g. The notice shall state that unless a written request is filed with the City within 20 days after
the notice is sent, the City may grant the application without a public hearing. Upon the
written request of two or more persons who own real property within two miles of the project,
the City shall hold a public hearing pertaining to a permit application.
h. At least 10 days notice of a hearing to be held pursuant to this section shall be given by
publication in one or more newspapers of general circulation in the county, and by providing
notice to the persons who have requested notice and to the person requesting the hearing.
i. After the filing of an application, the City shall grant or deny the permit within 60 days, or
within 90 days if a public hearing is held. If a permit is denied, the City shall provide to the
applicant a concise written statement of its reasons for denial of the permit, and if it appears
that a minor modification of the application would result in the granting of the permit, the
nature of the modification shall be stated. In an emergency, the City may issue a conditional
permit before the expiration of the 20-day period.
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 under Sections 35312 through 35325 of Part 353 of Public Act 451 of 1999, as amended, 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.
e. A permit shall not be granted that authorizes construction of a dwelling or other
permanent building on the first lakeward facing slope of a critical dune area or foredune
except on a lot of record that was recorded prior to July 5, 1989 that does not have
sufficient buildable area landward of the crest to construct the dwelling or other permanent
building as proposed by the applicant. The proposed construction, to the greatest extent
possible, shall be placed landward of the crest. The portion of the development that is
lakeward of the crest shall be placed in the location that has the least impact on the critical
dune area
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. 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.
14. 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.
15. 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, Water Resources
Division following the procedures of this ordinance.
16. 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.
17. 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.
18. Variance. The Zoning Board of Appeals may grant a variance from the requirements of this overlay zone
if a practical difficulty 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 the Variance section
of this ordinance.
• 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.
19. Request for Revaluation to Determine Fair Market Value. If a permit for a proposed use within a critical
dune area is denied, the landowner may request a revaluation of the affected property for assessment
purposes to determine its fair market value under the restriction.
20. 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.
21. Surety Bond. The City may require the holder of a permit to file with the City a bond executed by an
approved surety in this state in an amount necessary to assure faithful conformance with the permit.
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
28th day of May, 2019, 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: ___________________, 2019. __________________________________________
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 May 28, 2019, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 2310 of the zoning ordinance update the 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 ____________________, 2019. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
17
Commission Meeting Date: May 28, 2019
Date: May 28, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the Form Based Code section of the Zoning
Ordinance
SUMMARY OF REQUEST:
Staff initiated request to amend the form based code section of the zoning ordinance to
create new context areas for Lakeside.
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 request at their
May 16 meeting.
Hearing, Case 2019-14: Staff initiated request to amend the form based code section of the zoning ordinance
to create new context areas for the Lakeside area.
SUMMARY
1. The Form Based Code section of the zoning ordinance was created in 2015 and established six
different context areas; Downtown, Mainstreet, Mainstreet Waterfront, Neighborhood Core,
Neighborhood Edge and Urban Residential. These context areas establish the uses and development
guidelines for each parcel in the Form Based Code.
2. Staff is proposing to utilize the same Form Based Code document and create four new context areas
for the Lakeside area; Lakeside Commercial, Lakeside Heavy Commercial, Lakeside Mixed
Residential, Lakeside Residential.
3. Below is a description of the new context areas:
• Lakeside Commercial: This context area will replace most of the B-2 and B-4 business
districts in Lakeside. Buildings will be required to be placed closer to the street (0 to 3 feet
front setback). Buildings currently located on the south side of Lakeshore Dr are already
placed at zero lot line, however, the current B-2 and B-4 zoning requires a 10-foot setback.
This change will keep the small setback on the south side of Lakeshore Dr and start to create
the same development pattern on the north side of the street as new buildings are constructed.
This new context area will also allow buildings to be up to four stories tall, compared to the
two-story limit now. This will allow properties to utilize their full potential and create lake
views. The new code will also eliminate new curb cuts (unless an alley or street is not
present), creating a more walkable environment.
• Lakeside Heavy Commercial – This context area is similar to the Lakeside Commercial
context area, but allows for more intense uses, such as auto repair. This context area was
created to allow the current uses in this area, while designing the properties to fit in better
with the area. If these current high-intensity businesses (car repair) eventually leave the area,
the context area could simply be eliminated.
• Lakeside Mixed Residential – This context area will replace the residential zoning on
Lakeshore Drive. It will also replace some of the B-2 zones on the north side of Lakeshore
Drive that are mostly homes. The rezoning from B-2 to Lakeside Mixed Residential will help
property owners sell and refinance their homes, which has been a problem because of the
commercial zoning. Homes in this district will be allowed to have a 3rd story to take in lake
views. More housing options will now be available; such as duplexes, small multi-plexes, and
rowhouses. Homes may also have small retail options will the addition of a cottage retail
building option.
• Lakeside Residential – This context area will replace some of the residential zoning behind
the Lakeside Business District. This area currently has many parcels zoned for high-density
residential that would allow large apartments, even though there aren’t any parcels large
enough to meet the minimum standards. This area consist of detached houses, some of them
which are duplexes and triplexes. This context area would allow single family, duplexes and
small multi-plexes (up to 6 units), but no commercial.
4. Notices were mailed to property owners that have parcels listed for the rezoning.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend the Form Based Code Section of the Zoning Ordinance to create new context areas for
Lakeside.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
NEW LANGUAGE
See Lakeside Form Based Code attachment.
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
28th day of May, 2019, 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: ___________________, 2019. __________________________________________
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 March 28, 2019, the City Commission of the City of Muskegon adopted an
ordinance to amend the Form Based Code section of the Zoning Ordinance to create new context
areas for Lakeside.
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 ____________________, 2019. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
5
CONTEXT AREAS AND USE SECTION 2005
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.2 LAKESIDE FORM BASED CODE CITY OF MUSKEGON
CONTEXT AREAS AND USE SECTION 2005
2005.02 CONTEXT AREA MAP
This Map contains Context Areas for the Lakeside Form Based Code
MUSKEGON
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PUBLIC REALM CONTEXT AREA MAP LEGEND
COMMERCIAL (LC) HEAVY COMMERCIAL (LHC) MIXED RESIDENTIAL (LMR) RESIDENTIAL (LR)
NORTH
.1 LAKESIDE FORM BASED CODE CITY OF MUSKEGON
SECTION 2005 CONTEXT AREAS AND USE
2005.02 CONTEXT AREA MAP (continued)
This Map
a contains Context Areas for the Lakeside Form Based Code
LAKETON
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PUBLIC REALM CONTEXT AREA MAP LEGEND
COMMERCIAL (LC) HEAVY COMMERCIAL (LHC) MIXED RESIDENTIAL (LMR) RESIDENTIAL (LR)
NORTH
CITY OF MUSKEGON LAKESIDE FORM BASED CODE .2
CONTEXT AREAS AND USE SECTION 2005
2005.03 CONTEXT AREAS OVERVIEW
Context Areas for the Lakeside Form Based Code are summarized as follows:
MORE URBAN L ESS U RBA N
LC LHC LMR LR
LAKESIDE COMMERCIAL LAKESIDE HEAVY COMMERCIAL LAKESIDE MIXED RESIDENTIAL LAKESIDE RESIDENTIAL
DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION
This Context Area is This Context Area is similar to This Context Area is This Context Area is
characterized by mixed the Lakeside Commercial characterized by the characterized by a wide
uses set along sidewalks to Context Area, but also mixture of commercial and variety of residential
help promote walkability allows for more intense uses, residential uses that helps building types that have a
and commerce. The
such as auto repair and to promote walkability range of setback conditions
regulations have been
created to continue the research & development. and commerce. Homes within a compact walkable
development pattern of the Mixed-use and retail fronting Lakeshore Drive are block structure. This Context
street wall on the south side buildings are set adjacent allowed a third story to take area is typically adjacent
of Lakeshore Drive, and the to the sidewalk, however, advantage of lake views. to single family reidential
more detached, farther set garage type frontages are districts.
back. development type on
set back farther to allow The following are generally
the north side of Lakeshore
for vehicle circulation and appropriate form elements The following are generally
Drive. Maximum building
heights have increased pedestrian safety. in this Context Area: appropriate form elements
from prior regulations, A. Detached homes / in this Context Area:
allowing development with The following are generally live-work buildings A. Attached and
views of Muskegon Lake. appropriate form elements B. Small to medium detached residential
in this Context Area: building footprint buildings
The following are generally B. Medium to small
appropriate form elements A. Attached or C. Storefront frontages
in this Context Area: detached buildings building footprint
A. Attached buildings on the south side of C. Varied front setbacks
on south side Lakeshore Dr. D. Medium side
of Lakeshore setbacks
Dr. Attached or B. Buildings at or near
detached buildings the right-of-way E. Primarily stoops and
on north side of C. Medium to large porch frontages
Lakeshore Dr. building footprint
B. Building at the Right-
of-Way on south side D. Storefront or garage
of Lakeshore Dr. Small door frontage option
setback on the north
side of Lakeshore Dr.
C. Medium to large
building footprint
D. Storefront frontages
.3 LAKESIDE FORM BASED CODE CITY OF MUSKEGON
CONTEXT AREAS AND USE SECTION 2005
2005.04 SUMMARY OF BUILDING TYPES PERMITTED IN EACH CONTEXT AREA
CONTEXT AREAS
BUILDING TYPE
WITH FRONTAGE OPTION LC LHC LMR LR
COMMERCIAL HEAVY COMMERCIAL MIXED RESIDENTIAL RESIDENTIAL
with STOREFRONT By Right By Right
MIXED-USE
with BALCONY By Right By Right
BUILDING
TYPE
with TERRACE Conditional Conditional
with FORECOURT
with DRIVE-THROUGH
with STOREFRONT By Right By Right
BUILDING
RETAIL
TYPE
with TERRACE Conditional Conditional
with DRIVE-THROUGH
with STOREFRONT
BUILDING TYPE
with TERRACE
FLEX
with FORECOURT
with DOORYARD
with STOREFRONT By Right
COTTAGE
BUILDING
RETAIL
with DOORYARD By Right
with STOOP By Right
with STOREFRONT
LIVE / WORK
BUILDING
with DOORYARD
TYPE
with LIGHTWELL
with STOOP
with FORECOURT
BUILDING TYPE BUILDING TYPE
MULTI-PLEX
LARGE
with DOORYARD
with STOOP
with PROJECTING PORCH
MULTI-PLEX
with STOOP By Right By Right
SMALL
with PROJECTING PORCH By Right By Right
with ENGAGED PORCH By Right By Right
ROWHOUSE
with LIGHTWELL
BUILDING
TYPE
with STOOP By Right
with PROJECTING PORCH By Right
with STOOP By Right By Right
BUILDING
DUPLEX
TYPE
with PROJECTING PORCH By Right By Right
with ENGAGED PORCH By Right By Right
BUILDING TYPE
DETACHED
with STOOP By Right By Right
HOUSE
with PROJECTING PORCH By Right By Right
with ENGAGED PORCH By Right By Right
CARRIAGE HOUSE BUILDING TYPE By Right By Right
CIVIC BUILDING TYPE By Right By Right By Right By Right
Shaded areas represent Building Types that are not permitted in specified Public Realm Context Area.
CITY OF MUSKEGON LAKESIDE FORM BASED CODE .4
BUILDING TYPE STANDARDS SECTION 2006
2006.06 BUILDING TYPE OVERVIEW
Building Types for the Muskegon Form Based Code are summarized as follows:
MIXED USE BUILDING TYPE
FRONTAGE OPTIONS CONTEXT AREAS
This Building Type is a medium- to large-sized
typically attached structure. It is intended to LHC
STOREFRONT LC
provide a vertical mix of uses with ground floor COMMERCIAL
HEAVY
COMMERCIAL
retail or service uses and upper floor service or BALCONY
residential uses. This Type makes up the primary TERRACE LMR LR
MIXED
component of a main street and downtown, RESIDENTIAL
RESIDENTIAL
and is a Building Type that can provide street
vibrancy and enhanced walkability.
RETAIL BUILDING TYPE
FRONTAGE OPTIONS CONTEXT AREAS
This Building Type is a medium- to large-sized
typically attached structure. It is intended to LHC
STOREFRONT LC
provide a single story building with ground COMMERCIAL
HEAVY
COMMERCIAL
floor retail or service uses. This Type makes up TERRACE
the secondary component of a main street LMR LR
MIXED
and is a Building Type that can provide street RESIDENTIAL
RESIDENTIAL
vibrancy and enhanced walkability.
FLEX BUILDING TYPE
FRONTAGE OPTIONS CONTEXT AREAS
This Building Type is a medium- to large-sized
attached or detached structure, typically built LHC
Building Type LC
on a large lot. It can be used to provide a COMMERCIAL
HEAVY
COMMERCIAL
vertical mix of uses with ground floor industrial, not permitted in
service, retail, or residential uses; or it may be Lakeside LMR LR
MIXED
a single-use building. This Type is a primary RESIDENTIAL
RESIDENTIAL
component in a variety of urban context areas
that provide a mix of Building Types.
COTTAGE RETAIL BUILDING TYPE
FRONTAGE OPTIONS CONTEXT AREAS
This Building Type is a small- to medium-sized
detached structure. It is intended to provide LHC
STOREFRONT LC
retail or service uses at the ground floor. This COMMERCIAL
HEAVY
COMMERCIAL
Type will typically have a residential mass, scale, DOORYARD
and composition that allows it to integrate into STOOP LMR LR
MIXED
adjacent residential areas. RESIDENTIAL
RESIDENTIAL
LIVE / WORK BUILDING TYPE
This Building Type is a small- to medium-sized FRONTAGE OPTIONS CONTEXT AREAS
attached structure that consists of one dwelling LHC
unit above and/or behind a flexible ground Building Type LC HEAVY
COMMERCIAL
floor space that can be used for residential, not permitted in
COMMERCIAL
service, or retail uses. Both the ground floor LMR
space and the dwelling unit are owned by one Lakeside MIXED
LR
RESIDENTIAL
entity. This Type is especially appropriate for RESIDENTIAL
incubating retail and service uses and allowing
neighborhood retail to expand as the market
demands.
LARGE MULTI-PLEX BUILDING TYPE
FRONTAGE OPTIONS CONTEXT AREAS
This Building Type is a medium- to large-sized
structure that consists of 7 or more side-by-side LHC
Building Type LC
and / or stacked dwelling units, typically with COMMERCIAL
HEAVY
COMMERCIAL
one shared entry. This Type is appropriately not permitted in
scaled to fit in medium-density neighborhoods Lakeside LMR LR
MIXED
and enables well-designed higher densities. RESIDENTIAL
RESIDENTIAL
It is an essential Building Type for providing a
broad choice of housing types and promoting
walkability.
Context Areas represented in black indicate that building is not allowed in that Context Area.
.5 LAKESIDE FORM BASED CODE CITY OF MUSKEGON
SECTION 2006 BUILDING TYPE STANDARDS
2006.06 BUILDING TYPE OVERVIEW (continued)
Building Types for the Muskegon Form Based Code are summarized as follows:
SMALL MULTI-PLEX BUILDING TYPE
This Building Type is a medium-sized structure FRONTAGE OPTIONS CONTEXT AREAS
that consists of 3 to 6 side-by-side and / or LHC
stacked dwelling units, typically with one shared STOOP LC HEAVY
COMMERCIAL
entry or individual entries along the front. This PROJECTING PORCH
COMMERCIAL
Type has the appearance of a large single- LMR
family house and is appropriately scaled to fit in ENGAGED PORCH MIXED
LR
RESIDENTIAL
single family neighborhoods. This Type enables RESIDENTIAL
well-designed higher densities. It is an essential
Building Type for providing a broad choice of
housing types and promoting walkability.
ROWHOUSE BUILDING TYPE
This Building Type is a small- to medium-sized FRONTAGE OPTIONS CONTEXT AREAS
attached structure that consists of 2 to 8 LHC
rowhouses placed side-by-side. This Type STOOP LC HEAVY
COMMERCIAL
is typically located within medium-density PROJECTING PORCH
COMMERCIAL
neighborhoods or in a location that transitions LMR
from single-family to mixed-use. This Type MIXED
LR
RESIDENTIAL
enables well-designed higher densities. It RESIDENTIAL
is an essential Building Type for providing a
broad choice of housing types and promoting
walkability.
DUPLEX BUILDING TYPE
This Building Type is a small- to medium-sized FRONTAGE OPTIONS CONTEXT AREAS
detached structure that consists of two side-by- LHC
side or stacked dwelling units, both facing the STOOP LC HEAVY
COMMERCIAL
street and within a single building massing. This PROJECTING PORCH
COMMERCIAL
Type has the appearance of a medium-sized LMR
single-family house and is appropriately scaled ENGAGED PORCH MIXED
LR
RESIDENTIAL
to fit in single family neighborhoods. This Type RESIDENTIAL
enables well-designed higher densities. It is an
essential Building Type for providing a broad
choice of housing types.
DETACHED HOUSE BUILDING TYPE
FRONTAGE OPTIONS CONTEXT AREAS
This Building Type is a small- to medium-sized
detached structure that incorporates one LHC
STOOP LC
dwelling unit. It is typically located within COMMERCIAL
HEAVY
COMMERCIAL
a primarily single-family neighborhood in a PROJECTING PORCH
walkable urban setting. This Type enables well- ENGAGED PORCH LMR LR
MIXED
designed higher densities. It is an essential RESIDENTIAL
RESIDENTIAL
Building Type for providing a broad choice of
housing types.
CARRIAGE HOUSE BUILDING TYPE
This Building Type is an accessory structure FRONTAGE OPTIONS CONTEXT AREAS
typically located at the rear of a lot. It typically LHC
provides either a small residential unit or home Not applicable to LC HEAVY
office space above the first floor garage. This this Building Type COMMERCIAL
COMMERCIAL
Type is important for providing affordable LMR
housing choices that are integrated into MIXED
LR
RESIDENTIAL
diverse neighborhoods. This Type shall only be RESIDENTIAL
used in conjunction with the Detached House,
Duplex, Rowhouse, or Live/Work Building Types.
CIVIC BUILDING TYPE
FRONTAGE OPTIONS CONTEXT AREAS
This Building Type is a small-, medium- or large-
sized detached structure that incorporates uses LHC
Not applicable to LC
of special public importance including, but COMMERCIAL
HEAVY
this Building Type COMMERCIAL
not limited to municipal buildings, churches,
libraries and schools. Civic Buildings typically LMR LR
MIXED
have less form regulations than other Building RESIDENTIAL
RESIDENTIAL
Types because their prominence within the
community requires more iconic and distinctive
form.
Context Areas represented in black indicate that building is not allowed in that Context Area.
CITY OF MUSKEGON LAKESIDE FORM BASED CODE .6
CONTEXT AREAS AND USE SECTION 2005
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.7 LAKESIDE FORM BASED CODE CITY OF MUSKEGON
SECTION 2005 CONTEXT AREAS AND USE
2005.05 LAKESIDE COMMERCIAL (LC) CONTEXT AREA
1.0 CONTEXT AREA INTENT AND DESCRIPTION
INTENT
To reinforce and enhance the Lakeside Business District
and strengthen its ability to thrive as a destination place
for local consumers and tourists that provides service,
retail, entertainment, civic and public uses, as well as a
variety of housing choices in a walkable, urban form.
DESCRIPTION
This Context Area is characterized by mixed uses set along
sidewalks to help promote walkability and commerce.
The regulations have been created to continue the
development pattern of the street wall on the south side
of Lakeshore Drive, and the more detached, farther set
back. development type on the north side of Lakeshore
Drive. Maximum building heights have increased from
prior regulations, allowing development with views of
Muskegon Lake.
The following are generally appropriate form elements in
this Context Area:
A. Attached buildings on south side of Lakeshore
Dr. Attached or detached buildings on north
side of Lakeshore Dr.
B. Building at the Right-of-Way on south side of
Lakeshore Dr. Small setback on the north side
of Lakeshore Dr.
C. Medium to large building footprint
D. Storefront frontages
2.0 CONTEXT AREA LOCATION
MUSKEGON LAKETON
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CITY OF MUSKEGON LAKESIDE FORM BASED CODE .8
CONTEXT AREAS AND USE SECTION 2005
2005.05 LAKESIDE COMMERCIAL (LC) CONTEXT AREA
3.0 PERMITTED BUILDING TYPES, BUILDING TYPE HEIGHTS, AND BUILDING TYPE LOT SIZES
BUILDING TYPE LAKESIDE COMMERCIAL (LC) CONTEXT AREA
PERMITTED IN
WITH FRONTAGE OPTION CONTEXT AREA
BUILDING HEIGHT BUILDING LOT SIZE
with STOREFRONT By Right 4 story max. / 2 story min. Lot Width: 25’ min. / 100’ max. Lot Depth: 50’ min.
MIXED-USE
with BALCONY By Right 4 story max. / 2 story min. Lot Width: 25’ min. / 100’ max. Lot Depth: 50’ min.
BUILDING
TYPE
with TERRACE Conditional* 4 story max. / 2 story min. Lot Width: 25’ min. / 100’ max. Lot Depth: 50’ min.
with FORECOURT
with DRIVE-THROUGH
with STOREFRONT By Right 1 story building limit Lot Width: 25’ min. / 100’ max. Lot Depth: 50’ min.
BUILDING
RETAIL
TYPE
with TERRACE Conditional* 1 story building limit Lot Width: 25’ min. / 100’ max. Lot Depth: 50’ min.
with DRIVE-THROUGH
with STOREFRONT
BUILDING TYPE
with TERRACE
FLEX
with FORECOURT
with DOORYARD
with STOREFRONT
COTTAGE
BUILDING
RETAIL
with DOORYARD
with STOOP
with STOREFRONT
LIVE / WORK
BUILDING
with DOORYARD
TYPE
with LIGHTWELL
with STOOP
with FORECOURT
BUILDING TYPE BUILDING TYPE
MULTI-PLEX
LARGE
with DOORYARD
with STOOP
with PROJECTING PORCH
MULTI-PLEX
with STOOP
SMALL
with PROJECTING PORCH
with ENGAGED PORCH
ROWHOUSE
with LIGHTWELL
BUILDING
TYPE
with STOOP
with PROJECTING PORCH
with STOOP
BUILDING
DUPLEX
TYPE
with PROJECTING PORCH
with ENGAGED PORCH
BUILDING TYPE
DETACHED
with STOOP
HOUSE
with PROJECTING PORCH
with ENGAGED PORCH
CARRIAGE HOUSE BUILDING TYPE
CIVIC BUILDING TYPE By Right 2 story max. / 1 story min. Lot Width: 25’ min. / 100’ max. Lot Depth: 50’ min.
Shaded areas represent Building Types and / or frontages that are not permitted in specified Context Area.
* Refer to the Building Type with specific frontage option in Section 2006 for buildings and frontages labeled as Conditional.
.9 LAKESIDE FORM BASED CODE CITY OF MUSKEGON
SECTION 2005 CONTEXT AREAS AND USE
2005.05 LAKESIDE COMMERCIAL (LC) CONTEXT AREA
4.0 BUILDING SITE PLACEMENT
Refer to Illustration 5.01 for building site placement. ILLUSTRATION 5.01 BUILDING SITE PLACEMENT
A. Front Build-to-Zone (at front street):
■ Required build-to-zone from 0 to 3 feet
C B
from front property line.
REAR PROPERTY
B. Side Build-to-Line/Zone (at side street): LINE
■ 0 feet - required build-to-line on the south
side of Lakeshore Drive. D
■ 0-10 feet - required build-to-zone on the
north side of Lakeshore Drive.
C. Side Setback (at non-street locations):
■ 0 feet from side property line.
SIDE PROPERTY LINE
D. Rear Setback: BUILDING E
■ 0 feet from rear property line. FOOTPRINT
SIDE STREET
SIDE PROPERTY LINE
E. Encroachments: Balconies, awnings, canopies,
eaves, cornices, and bay windows may project
into required setbacks, beyond required build-
to-zones, or into the public right-of-way as
indicated in Section 2003.02. FRONT PROPERTY
LINE
FRONT STREET
A
5.0 PARKING PLACEMENT
Refer to Illustration 5.02 for on-site parking placement. ILLUSTRATION 5.02 PARKING PLACEMENT
A. Front Setback:
■ 30 feet minimum from front property line D
on the south side of Lakeshore Drive.
■ Parking must be located behind front REAR PROPERTY LINE
building line on the north side of Lakeshore
Drive. E
B. Side Setback (from side street): E
F
■ 5 feet minimum from side property line. C
B
C. Side Setback (from non-street locations):
ON-SITE PARKING
■ 0 feet from side property line. PERMITTED IN
HATCHED AREA
D. Rear Setback:
SIDE PROPERTY LINE
■ 0 feet from rear property line at non-street
locations.
SIDE PROPERTY
BUILDING
■ 5 feet from rear property line at street FOOTPRINT G
SIDE STREET
locations.
LINE
E. Parking located at side, rear, or front street A
locations shall be screened from the street as
FRONT BUILDING E
required by Section 2008.14. LINE
FRONT PROPERTY
F. Parking / service areas: LINE
■ Parking / service areas shall not be
accessed from Lakeshore Dr., unless an
alley or side street is not available for
driveway placement. Maximum width of FRONT STREET
driveway is 20 feet.
■ Additional requirement for North side of
Lakeshore Dr.: Parking / service areas
shall not be accessed from Lakeshore Dr.,
unless the property has over 100’ of road
frontage on Lakeshore Dr.
G. Driveway access location:
■ Corner lot: 40 feet minimum from street
corner.
■ Interior lot: within 5 feet of side property
line, when alley is not available.
CITY OF MUSKEGON LAKESIDE FORM BASED CODE .10
CONTEXT AREAS AND USE SECTION 2005
2005.05 LAKESIDE COMMERCIAL (LC) CONTEXT AREA
6.0 PERMITTED USES
LAKESIDE COMMERCIAL (LC) CONTEXT AREA PERMITTED USES
DETACHED HOUSE
CARRIAGE HOUSE
LARGE MULTI-PLEX
SMALL MULTI-PLEX
COTTAGE RETAIL
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
LIVE / WORK
ROWHOUSE
MIXED USE
Specific Use
DUPLEX
RETAIL
CIVIC
FLEX
Accessory buildings and uses P P
Amusement and recreation facility P P
Auto service station
Bank P P
Business school/private or public school/higher ed. S
Church
Club, lodge, hall
Gallery/museum P P
Hotel/motel P
Indoor theater/live music concert hall P
Light manufacturing
Machine shop
Micro brewery, distillery, winery under 2500 barrels P P
Micro brewery, distillery, winery over 2500 barrels
Multi-family P*
Office P P
Outdoor recreation
Outdoor theater
Parking structure S
Personal service P P
Railway terminal P
Research and development
Restaurant, cocktail lounge, brewpub P P
Retail P P
Shipping, port related activity
P = Permitted Use
P* = Permitted Use on floors two and above
P# = Permitted Use on first floor only
S = Special Land Use (refer to Section 2002.02)
Active uses per the Context Area Map (2005.02) include retail, restaurant/cocktail lounge/brewpub, personal service, and micro brewery/distillery/winery.
Blank cell = Use not permitted in this Context Area
Shaded areas represent Building Types that are not permitted in this Context Area.
.11 LAKESIDE FORM BASED CODE CITY OF MUSKEGON
SECTION 2005 CONTEXT AREAS AND USE
2005.05 LAKESIDE COMMERCIAL (LC) CONTEXT AREA
6.0 PERMITTED USES (continued)
LAKESIDE COMMERCIAL (LC) CONTEXT AREA PERMITTED USES
DETACHED HOUSE
CARRIAGE HOUSE
LARGE MULTI-PLEX
SMALL MULTI-PLEX
COTTAGE RETAIL
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
LIVE / WORK
ROWHOUSE
MIXED USE
Specific Use
DUPLEX
RETAIL
CIVIC
FLEX
Shared/Co-op housing P*
Single-family residential
Taxi/limo service P
Two-family residential
Uses similar to permitted uses P P P
Uses similar to special uses P P P
Veterinary and kennel
Warehousing
Wind turbine
P = Permitted Use
P* = Permitted Use on floors two and above
P# = Permitted Use on first floor only
S = Special Land Use (refer to Section 2002.02)
Active uses per the Context Area Map (2005.02) include retail, restaurant/cocktail lounge/brewpub, personal service, and micro brewery/distillery/winery.
Blank cell = Use not permitted in this Context Area
Shaded areas represent Building Types that are not permitted in this Context Area.
CITY OF MUSKEGON LAKESIDE FORM BASED CODE .12
CONTEXT AREAS AND USE SECTION 2005
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.13 LAKESIDE FORM BASED CODE CITY OF MUSKEGON
SECTION 2005 CONTEXT AREAS AND USE
2005.06 LAKESIDE HEAVY COMMERCIAL (LHC) CONTEXT AREA
1.0 CONTEXT AREA INTENT AND DESCRIPTION
INTENT
To continue the dense retail and mixed-use development
pattern of the district, but to also allow for more intense
uses, such as auto repair and research & development. To
incorporate these more intense uses harmoniously within
the walkable development pattern.
DESCRIPTION
This Context Area is similar to the Lakeside Commercial
Context Area, but also allows for more intense uses, such
as auto repair and research & development. Mixed-use
and retail buildings are set adjacent to the sidewalk,
however, garage type frontages are set back farther to
allow for vehicle circulation and pedestrian safety.
The following are generally appropriate form elements in
this Context Area:
A. Attached or detached buildings on the south
side of Lakeshore Dr.
B. Buildings at or near the right-of-way
C. Medium to large building footprint
D. Storefront or garage door frontage option
2.0 CONTEXT AREA LOCATION
MUSKEGON LAKETON
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CITY OF MUSKEGON LAKESIDE FORM BASED CODE .14
CONTEXT AREAS AND USE SECTION 2005
2005.06 LAKESIDE HEAVY COMMERCIAL (LHC) CONTEXT AREA
3.0 PERMITTED BUILDING TYPES, BUILDING TYPE HEIGHTS, AND BUILDING TYPE LOT SIZES
BUILDING TYPE LAKESIDE HEAVY COMMERCIAL (LHC) CONTEXT AREA
PERMITTED IN
WITH FRONTAGE OPTION CONTEXT AREA
BUILDING HEIGHT BUILDING LOT SIZE
with STOREFRONT By Right 4 story max. / 2 story min. Lot Width: 25’ min. / 100’ max. Lot Depth: 50’ min.
MIXED-USE
with BALCONY By Right 4 story max. / 2 story min. Lot Width: 25’ min. / 100’ max. Lot Depth: 50’ min.
BUILDING
TYPE
with TERRACE Conditional* 4 story max. / 2 story min. Lot Width: 25’ min. / 100’ max. Lot Depth: 50’ min.
with FORECOURT
with DRIVE-THROUGH
with STOREFRONT By Right 1 story building limit Lot Width: 25’ min. / 100’ max. Lot Depth: 50’ min.
BUILDING
RETAIL
TYPE
with TERRACE Conditional* 1 story building limit Lot Width: 25’ min. / 100’ max. Lot Depth: 50’ min.
with DRIVE-THROUGH
with STOREFRONT
BUILDING TYPE
with TERRACE
FLEX
with FORECOURT
with DOORYARD
with STOREFRONT
COTTAGE
BUILDING
RETAIL
with DOORYARD
with STOOP
with STOREFRONT
LIVE / WORK
BUILDING
with DOORYARD
TYPE
with LIGHTWELL
with STOOP
with FORECOURT
BUILDING TYPE BUILDING TYPE
MULTI-PLEX
LARGE
with DOORYARD
with STOOP
with PROJECTING PORCH
MULTI-PLEX
with STOOP
SMALL
with PROJECTING PORCH
with ENGAGED PORCH
ROWHOUSE
with LIGHTWELL
BUILDING
TYPE
with STOOP
with PROJECTING PORCH
with STOOP
BUILDING
DUPLEX
TYPE
with PROJECTING PORCH
with ENGAGED PORCH
BUILDING TYPE
DETACHED
with STOOP
HOUSE
with PROJECTING PORCH
with ENGAGED PORCH
CARRIAGE HOUSE BUILDING TYPE
CIVIC BUILDING TYPE By Right 2 story max. / 1 story min. Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
Shaded areas represent Building Types and / or frontages that are not permitted in specified Context Area.
* Refer to the Building Type with specific frontage option in Section 2006 for buildings and frontages labeled as Conditional.
.15 LAKESIDE FORM BASED CODE CITY OF MUSKEGON
SECTION 2005 CONTEXT AREAS AND USE
2005.06 LAKESIDE HEAVY COMMERCIAL (LHC) CONTEXT AREA
4.0 BUILDING SITE PLACEMENT
Refer to Illustration 5.03 for building site placement. ILLUSTRATION 5.03 BUILDING SITE PLACEMENT
A. Front Build-to-Zone (at front street):
■ Required build-to-zone from 0 to 3 feet
C B
from front property line.
REAR PROPERTY
B. Side Build-to-Zone (at side street): LINE
■ Required build-to-zone from 0 to 3 feet
from side property line. D
C. Side Setback (at non-street locations):
■ 0 feet from side property line.
D. Rear Setback:
SIDE PROPERTY LINE
■ 0 feet from rear property line.
BUILDING E
E. Encroachments: Balconies, awnings, canopies, FOOTPRINT
eaves, cornices, and bay windows, may project
SIDE STREET
SIDE PROPERTY LINE
into required setbacks, beyond required build-
to-zones, or into the public right-of-way as
indicated in Section 2003.02.
FRONT PROPERTY
LINE
FRONT STREET
A
5.0 PARKING PLACEMENT
Refer to Illustration 5.04 for on-site parking placement. ILLUSTRATION 5.04 PARKING PLACEMENT
A. Front Setback:
■ Parking must be located behind front
building line. When garage door frontage D
option is used, parking may be located in
front of front building line, though active REAR PROPERTY LINE
uses are encouraged along the street.
E
B. Side Setback (from side street):
■ 3 feet minimum from side property line. C E
F
C. Side Setback (from non-street locations): ON-SITE PARKING B
■ 0 feet from side property line. PERMITTED IN
HATCHED AREA
D. Rear Setback:
■ 0 feet from rear property line at non-street
SIDE PROPERTY LINE
locations.
SIDE PROPERTY
BUILDING
■ 3 feet from rear property line at street FOOTPRINT G
SIDE STREET
locations.
LINE
E. Parking located at side, rear, or front street A
locations shall be screened from the street as
FRONT BUILDING E
required by Section 2008.14. LINE
FRONT PROPERTY
F. Parking / service areas: LINE
■ Parking / service areas shall not be
accessed from Lakeshore Dr., unless an
alley or side street is not available for FRONT STREET
driveway placement. Maximum width of
driveway is 20 feet.
■ Additional requirement for North side of
Lakeshore Dr.: Parking / service areas
shall not be accessed from Lakeshore Dr.,
unless the property has over 100’ of road
frontage on Lakeshore Dr.
G. Driveway access location:
■ Corner lot: 40 feet minimum from street
corner.
■ Interior lot: within 5 feet of side property
line, when alley is not available.
CITY OF MUSKEGON LAKESIDE FORM BASED CODE .16
CONTEXT AREAS AND USE SECTION 2005
2005.06 LAKESIDE HEAVY COMMERCIAL (LHC) CONTEXT AREA
6.0 PERMITTED USES
LAKESIDE HEAVY COMMERCIAL (LHC) CONTEXT AREA PERMITTED USES
DETACHED HOUSE
CARRIAGE HOUSE
LARGE MULTI-PLEX
SMALL MULTI-PLEX
COTTAGE RETAIL
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
LIVE / WORK
ROWHOUSE
MIXED USE
Specific Use
DUPLEX
RETAIL
CIVIC
FLEX
Accessory buildings and uses P P
Amusement and recreation facility P P
Auto service station P
Bank P P
Business school/private or public school/higher ed. S
Church
Club, lodge, hall
Gallery/museum P P
Hotel/motel P
Indoor theater/live music concert hall P
Light manufacturing
Machine shop
Micro brewery, distillery, winery under 2500 barrels P P
Micro brewery, distillery, winery over 2500 barrels
Multi-family P*
Office P P
Outdoor recreation
Outdoor theater
Parking structure S
Personal service P P
Railway terminal P
Research and development P
Restaurant, cocktail lounge, brewpub P P
Retail P P
Shipping, port related activity
P = Permitted Use
P* = Permitted Use on floors two and above
P# = Permitted Use on first floor only
S = Special Land Use (refer to Section 2002.02)
Active uses per the Context Area Map (2005.02) include retail, restaurant/cocktail lounge/brewpub, personal service, and micro brewery/distillery/winery.
Blank cell = Use not permitted in this Context Area
Shaded areas represent Building Types that are not permitted in this Context Area.
.17 LAKESIDE FORM BASED CODE CITY OF MUSKEGON
SECTION 2005 CONTEXT AREAS AND USE
2005.06 LAKESIDE HEAVY COMMERCIAL (LHC) CONTEXT AREA
6.0 PERMITTED USES (continued)
LAKESIDE HEAVY COMMERCIAL (LHC) CONTEXT AREA PERMITTED USES
DETACHED HOUSE
CARRIAGE HOUSE
LARGE MULTI-PLEX
SMALL MULTI-PLEX
COTTAGE RETAIL
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
LIVE / WORK
ROWHOUSE
MIXED USE
Specific Use
DUPLEX
RETAIL
CIVIC
FLEX
Shared/Co-op housing P*
Single-family residential
Taxi/limo service P
Two-family residential
Uses similar to permitted uses P P P
Uses similar to special uses P P P
Veterinary and kennel
Warehousing
Wind turbine
P = Permitted Use
P* = Permitted Use on floors two and above
P# = Permitted Use on first floor only
S = Special Land Use (refer to Section 2002.02)
Active uses per the Context Area Map (2005.02) include retail, restaurant/cocktail lounge/brewpub, personal service, and micro brewery/distillery/winery.
Blank cell = Use not permitted in this Context Area
Shaded areas represent Building Types that are not permitted in this Context Area.
CITY OF MUSKEGON LAKESIDE FORM BASED CODE .18
CONTEXT AREAS AND USE SECTION 2005
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.19 LAKESIDE FORM BASED CODE CITY OF MUSKEGON
SECTION 2005 CONTEXT AREAS AND USE
2005.07 LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA
1.0 CONTEXT AREA INTENT AND DESCRIPTION
INTENT
To allow for the cohesive existence of residential and
business uses within the district. This Context Area allows
for residential and small scale commercial uses to be
placed alongside each other in a walkable, urban form.
DESCRIPTION
This Context Area is characterized by the mixture of
commercial and residential uses that helps to promote
walkability and commerce. Homes fronting Lakeshore
Drive are allowed a third story to take advantage of lake
views.
The following are generally appropriate form elements in
this Context Area:
A. Detached homes / live-work buildings
B. Small to medium building footprint
C. Storefront frontages
2.0 CONTEXT AREA LOCATION
MUSKEGON LAKETON
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MO
CITY OF MUSKEGON LAKESIDE FORM BASED CODE .20
CONTEXT AREAS AND USE SECTION 2005
2005.07 LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA
3.0 PERMITTED BUILDING TYPES, BUILDING TYPE HEIGHTS, AND BUILDING TYPE LOT SIZES
BUILDING TYPE LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA
PERMITTED IN
WITH FRONTAGE OPTION CONTEXT AREA
BUILDING HEIGHT BUILDING LOT SIZE
with STOREFRONT
MIXED-USE
with BALCONY
BUILDING
TYPE
with TERRACE
with FORECOURT
with DRIVE-THROUGH
with STOREFRONT
BUILDING
RETAIL
TYPE
with TERRACE
with DRIVE-THROUGH
with STOREFRONT
BUILDING TYPE
with TERRACE
FLEX
with FORECOURT
with DOORYARD
with STOREFRONT By Right 3 story cond.* / 1 story min. Lot Width: 25’ min. / 80’ max. Lot Depth: 80’ min.
COTTAGE
BUILDING
RETAIL
with DOORYARD By Right 3 story cond.* / 1 story min. Lot Width: 25’ min. / 80’ max. Lot Depth: 80’ min.
with STOOP By Right 3 story cond.* / 1 story min. Lot Width: 25’ min. / 80’ max. Lot Depth: 80’ min.
with STOREFRONT
LIVE / WORK
BUILDING
with DOORYARD
TYPE
with LIGHTWELL
with STOOP
with FORECOURT
BUILDING TYPE BUILDING TYPE
MULTI-PLEX
LARGE
with DOORYARD
with STOOP
with PROJECTING PORCH
MULTI-PLEX
with STOOP By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
SMALL
with PROJECTING PORCH By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
with ENGAGED PORCH By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
ROWHOUSE
with LIGHTWELL
BUILDING
TYPE
with STOOP By Right 2 story building required Lot Width: 16’ min. / 30’ max. Lot Depth: 100’ min.
with PROJECTING PORCH By Right 2 story building required Lot Width: 16’ min. / 30’ max. Lot Depth: 100’ min.
with STOOP By Right 3 story cond.* / 2 story min. Lot Width: 35’ min. / 60’ max. Lot Depth: 100’ min.
BUILDING
DUPLEX
TYPE
with PROJECTING PORCH By Right 3 story cond.* / 2 story min. Lot Width: 35’ min. / 60’ max. Lot Depth: 100’ min.
with ENGAGED PORCH By Right 3 story cond.* / 2 story min. Lot Width: 35’ min. / 60’ max. Lot Depth: 100’ min.
BUILDING TYPE
DETACHED
with STOOP By Right 3 story cond.* / 1 story min. Lot Width: 25’ min. / 60’ max. Lot Depth: 100’ min.
HOUSE
with PROJECTING PORCH By Right 3 story cond.* / 1 story min. Lot Width: 25’ min. / 60’ max. Lot Depth: 100’ min.
with ENGAGED PORCH By Right 3 story cond.* / 1 story min. Lot Width: 25’ min. / 60’ max. Lot Depth: 100’ min.
Not Applicable - Carriage House Building Type must be used as an
CARRIAGE HOUSE BUILDING TYPE By Right 2 story building required accessory building to another building type (refer to Section 2006)
CIVIC BUILDING TYPE By Right 2 story max. / 1 story min. Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
Shaded areas represent Building Types and / or frontages that are not permitted in specified Context Area.
* Building height labeled Conditional is permitted if fronting Lakeshore Drive.
.21 LAKESIDE FORM BASED CODE CITY OF MUSKEGON
SECTION 2005 CONTEXT AREAS AND USE
2005.07 LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA
4.0 BUILDING SITE PLACEMENT
Refer to Illustration 5.05 for building site placement. ILLUSTRATION 5.05 BUILDING SITE PLACEMENT
A. Front Build-to-Zone (at front street):
■ Required build-to-zone from 5 to 12 feet
from front property line. C B
REAR PROPERTY
B. Side Build-to-Zone (at side street): LINE
■ Required build-to-zone from 0 to 12 feet
from side property line.
D
C. Side Setback (at non-street locations):
■ 0 feet from side property line.
D. Rear Setback:
■ 0 feet from rear property line.
SIDE PROPERTY LINE
E. Encroachments: Balconies, awnings, canopies, BUILDING E
eaves, cornices, and bay windows, may project FOOTPRINT
SIDE STREET
into required setbacks, beyond required build-
SIDE PROPERTY LINE
to-zones, or into the public right-of-way as
indicated in Section 2003.02.
FRONT PROPERTY
LINE
FRONT STREET
A
5.0 PARKING PLACEMENT
Refer to Illustration 5.06 for on-site parking placement. ILLUSTRATION 5.06 PARKING PLACEMENT
A. Front Setback:
■ 40 feet minimum from front property line.
D
B. Side Setback (from side street):
REAR PROPERTY LINE
■ 5 feet minimum from side property line.
C. Side Setback (from non-street locations): E
■ 0 feet from side property line. C
F
D. Rear Setback: ON-SITE PARKING
■ 0 feet from rear property line at non-street PERMITTED IN
HATCHED AREA
locations.
B
■ 5 feet from rear property line at street
locations.
SIDE PROPERTY LINE
E G
E. Parking located at side or rear street locations
shall be screened from the street as required by
Section 2008.14.
SIDE PROPERTY
SIDE STREET
A
LINE
F. Parking / service areas shall not be accessed
from front streets, unless an alley or side street FRONT PROPERTY
is not available for driveway placement. LINE
Maximum width of driveway is 20 feet.
FRONT STREET
G. Driveway access location:
■ Corner lot: 40 feet minimum from street
corner.
■ Interior lot: within 5 feet of side property
line, when alley is not available.
CITY OF MUSKEGON LAKESIDE FORM BASED CODE .22
CONTEXT AREAS AND USE SECTION 2005
2005.07 LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA
6.0 PERMITTED USES
LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA PERMITTED USES
DETACHED HOUSE
CARRIAGE HOUSE
LARGE MULTI-PLEX
SMALL MULTI-PLEX
COTTAGE RETAIL
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
LIVE / WORK
ROWHOUSE
MIXED USE
Specific Use
DUPLEX
RETAIL
CIVIC
FLEX
Accessory buildings and uses P P P P P P
Amusement and recreation facility
Auto service station S
Bank
Business school/private or public school/higher ed.
Church P
Club, lodge, hall S* S* S* S* S* S*
Gallery/museum P P P P P P P
Hotel/motel
Indoor theater/live music concert hall
Light manufacturing
Machine shop
Micro brewery, distillery, winery under 2500 barrels P
Micro brewery, distillery, winery over 2500 barrels
Multi-family P
Office P
Outdoor recreation
Outdoor theater
Parking structure
Personal service P
Railway terminal P
Research and development
Restaurant, cocktail lounge, brewpub P
Retail P
Shipping, port related activity
P = Permitted Use
P* = Permitted Use on floors two and above
P# = Permitted Use on first floor only
S = Special Land Use (refer to Section 2002.02)
S* = Special Land Use requires minimum 200 feet of frontage on one street
Active uses per the Context Area Map (2005.02) include retail, restaurant/cocktail lounge/brewpub, personal service, and micro brewery/distillery/winery.
Blank cell = Use not permitted in this Context Area
Shaded areas represent Building Types that are not permitted in this Context Area.
.23 LAKESIDE FORM BASED CODE CITY OF MUSKEGON
SECTION 2005 CONTEXT AREAS AND USE
2005.07 LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA
6.0 PERMITTED USES (continued)
LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA PERMITTED USES
DETACHED HOUSE
CARRIAGE HOUSE
LARGE MULTI-PLEX
SMALL MULTI-PLEX
COTTAGE RETAIL
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
LIVE / WORK
ROWHOUSE
MIXED USE
Specific Use
DUPLEX
RETAIL
CIVIC
FLEX
Shared/Co-op housing P
Single-family residential P* P P P*
Taxi/limo service P
Two-family residential P
Uses similar to permitted uses P P P P P P
Uses similar to special uses P P P P P P
Veterinary and kennel
Warehousing
Wind turbine
P = Permitted Use
P* = Permitted Use on floors two and above
P# = Permitted Use on first floor only
S = Special Land Use (refer to Section 2002.02)
S* = Special Land Use requires minimum 200 feet of frontage on one street
Active uses per the Context Area Map (2005.02) include retail, restaurant/cocktail lounge/brewpub, personal service, and micro brewery/distillery/winery.
Blank cell = Use not permitted in this Context Area
Shaded areas represent Building Types that are not permitted in this Context Area.
CITY OF MUSKEGON LAKESIDE FORM BASED CODE .24
CONTEXT AREAS AND USE SECTION 2005
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.25 LAKESIDE FORM BASED CODE CITY OF MUSKEGON
SECTION 2005 CONTEXT AREAS AND USE
2005.08 LAKESIDE RESIDENTIAL (LR) CONTEXT AREA
1.0 CONTEXT AREA INTENT AND DESCRIPTION
INTENT
To provide a variety of urban housing choices, in small to
medium footprint, medium-density Building Types, which
reinforce the neighborhood’s walkable nature.
DESCRIPTION
This Context Area is characterized by a wide variety of
residential building types that have a range of setback
conditions within a compact walkable block structure.
This Context Area is typically adjacent to single family
residential districts.
The following are generally appropriate form elements in
this Context Area:
A. Attached and detached residential buildings
B. Medium to small building footprint
C. Varied front setbacks
D. Medium side setbacks
E. Primarily stoops and porch frontages
2.0 CONTEXT AREA LOCATION
MUSKEGON LAKETON
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LAKE RA
DIU
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BIE
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S
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OR
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M
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LAK
ADDIS
NO
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WA
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RUDDIMAN
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BOU
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LAGOON
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5
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CITY OF MUSKEGON LAKESIDE FORM BASED CODE .26
CONTEXT AREAS AND USE SECTION 2005
2005.08 LAKESIDE RESIDENTIAL (LR) CONTEXT AREA
3.0 PERMITTED BUILDING TYPES, BUILDING TYPE HEIGHTS, AND BUILDING TYPE LOT SIZES
BUILDING TYPE LAKESIDE RESIDENTIAL (LR) CONTEXT AREA
PERMITTED IN
WITH FRONTAGE OPTION CONTEXT AREA
BUILDING HEIGHT BUILDING LOT SIZE
with STOREFRONT
MIXED-USE
with BALCONY
BUILDING
TYPE
with TERRACE
with FORECOURT
with DRIVE-THROUGH
with STOREFRONT
BUILDING
RETAIL
TYPE
with TERRACE
with DRIVE-THROUGH
with STOREFRONT
BUILDING TYPE
with TERRACE
FLEX
with FORECOURT
with DOORYARD
with STOREFRONT
COTTAGE
BUILDING
RETAIL
with DOORYARD
with STOOP
with STOREFRONT
LIVE / WORK
BUILDING
with DOORYARD
TYPE
with LIGHTWELL
with STOOP
with FORECOURT
BUILDING TYPE BUILDING TYPE
MULTI-PLEX
LARGE
with DOORYARD
with STOOP
with PROJECTING PORCH
MULTI-PLEX
with STOOP By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
SMALL
with PROJECTING PORCH By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
with ENGAGED PORCH By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
ROWHOUSE
with LIGHTWELL
BUILDING
TYPE
with STOOP
with PROJECTING PORCH
with STOOP By Right 2 story building required Lot Width: 40’ min. / 60’ max. Lot Depth: 100’ min.
BUILDING
DUPLEX
TYPE
with PROJECTING PORCH By Right 2 story building required Lot Width: 40’ min. / 60’ max. Lot Depth: 100’ min.
with ENGAGED PORCH By Right 2 story building required Lot Width: 40’ min. / 60’ max. Lot Depth: 100’ min.
BUILDING TYPE
DETACHED
with STOOP By Right 2 story max. / 1 story min. Lot Width: 30’ min. / 60’ max. Lot Depth: 100’ min.
HOUSE
with PROJECTING PORCH By Right 2 story max. / 1 story min. Lot Width: 30’ min. / 60’ max. Lot Depth: 100’ min.
with ENGAGED PORCH By Right 2 story max. / 1 story min. Lot Width: 30’ min. / 60’ max. Lot Depth: 100’ min.
Not Applicable - Carriage House Building Type must be used as an
CARRIAGE HOUSE BUILDING TYPE By Right 2 story building required accessory building to another building type (refer to Section 2006)
CIVIC BUILDING TYPE By Right 2 story max. / 1 story min. Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
Shaded areas represent Building Types and / or frontages that are not permitted in specified Context Area.
.27 LAKESIDE FORM BASED CODE CITY OF MUSKEGON
SECTION 2005 CONTEXT AREAS AND USE
2005.08 LAKESIDE RESIDENTIAL (LR) CONTEXT AREA
4.0 BUILDING SITE PLACEMENT
Refer to Illustration 5.12 for building site placement. ILLUSTRATION 5.12 BUILDING SITE PLACEMENT
A. Front Build-to-Zone (at front street):
■ Required build-to-zone from 5 to 20 feet
C B
from front property line.
REAR PROPERTY
B. Side Build-to-Zone (at side street): LINE
■ Required build-to-zone from 5 to 20 feet D
from side property line.
C. Side Setback (at non-street locations):
■ 6 feet from side property line.
D. Rear Setback:
SIDE PROPERTY LINE
■ 15 feet from rear property line.
BUILDING E
E. Encroachments: Balconies, awnings, canopies, FOOTPRINT
eaves, cornices, and bay windows, may project
SIDE STREET
SIDE PROPERTY LINE
into required setbacks, beyond required build-
to-zones, or into the public right-of-way as
indicated in Section 2003.02.
FRONT PROPERTY
LINE
FRONT STREET
A
5.0 PARKING PLACEMENT
Refer to Illustration 5.13 for on-site parking placement. ILLUSTRATION 5.13 PARKING PLACEMENT
A. Front Setback:
■ 40 feet minimum from front property line.
C D
B. Side Setback (from side street): REAR PROPERTY
■ 10 feet minimum from side property line. LINE
C. Side Setback (from non-street locations): E
■ 1 foot from side property line.
F
D. Rear Setback: ON-SITE PARKING
■ 5 feet from rear property line at non-street PERMITTED IN
HATCHED AREA
locations.
B
■ 10 feet from rear property line at street
locations.
SIDE PROPERTY LINE
E G
E. Parking located at side or rear street locations
shall be screened from the street as required by
Section 2008.14.
SIDE PROPERTY
SIDE STREET
A
LINE
F. Parking / service areas shall not be accessed
from front streets, unless an alley or side street FRONT PROPERTY
is not available for driveway placement. LINE
Maximum width of driveway is 20 feet.
FRONT STREET
G. Driveway access location: F
■ Corner lot: 40 feet minimum from street
corner.
■ Interior lot: within 5 feet of side property
line, when alley is not available.
CITY OF MUSKEGON LAKESIDE FORM BASED CODE .28
CONTEXT AREAS AND USE SECTION 2005
2005.08 LAKESIDE RESIDENTIAL (LR) CONTEXT AREA
6.0 PERMITTED USES
LAKESIDE RESIDENTIAL (LR) CONTEXT AREA PERMITTED USES
DETACHED HOUSE
CARRIAGE HOUSE
LARGE MULTI-PLEX
SMALL MULTI-PLEX
COTTAGE RETAIL
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
LIVE / WORK
ROWHOUSE
MIXED USE
Specific Use
DUPLEX
RETAIL
CIVIC
FLEX
Accessory buildings and uses P P P P
Amusement and recreation facility
Auto service station
Bank
Business school/private or public school/higher ed.
Church
Club, lodge, hall
Gallery/museum P
Home Business P P P P
Hotel/motel
Indoor theater/live music concert hall
Light manufacturing
Machine shop
Micro brewery, distillery, winery under 2500 barrels
Micro brewery, distillery, winery over 2500 barrels
Multi-family P
Non-profit Supportive Housing
Office
Outdoor recreation
Outdoor theater
Parking structure
Personal service
Railway terminal
Research and development
Restaurant, cocktail lounge, brewpub
P = Permitted Use
P* = Permitted Use on floors two and above
P# = Permitted Use on first floor only
S = Special Land Use (refer to Section 2002.02)
Active uses per the Context Area Map (2005.02) include retail, restaurant/cocktail lounge/brewpub, personal service, and micro brewery/distillery/winery.
Blank cell = Use not permitted in this Context Area
Shaded areas represent Building Types that are not permitted in this Context Area.
.29 LAKESIDE FORM BASED CODE CITY OF MUSKEGON
SECTION 2005 CONTEXT AREAS AND USE
2005.08 LAKESIDE RESIDENTIAL (LR) CONTEXT AREA
6.0 PERMITTED USES (continued)
LAKESIDE RESIDENTIAL (LR) CONTEXT AREA PERMITTED USES
DETACHED HOUSE
CARRIAGE HOUSE
LARGE MULTI-PLEX
SMALL MULTI-PLEX
COTTAGE RETAIL
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
LIVE / WORK
ROWHOUSE
MIXED USE
Specific Use
DUPLEX
RETAIL
CIVIC
FLEX
Retail
Shipping, port related activity
Shared/Co-op housing P
Single-family residential P P*
Taxi/limo service
Two-family residential P
Uses similar to permitted uses P P P P
Uses similar to special uses P P P P
Veterinary and kennel
Warehousing
Wind turbine
P = Permitted Use
P* = Permitted Use on floors two and above
P# = Permitted Use on first floor only
S = Special Land Use (refer to Section 2002.02)
Active uses per the Context Area Map (2005.02) include retail, restaurant/cocktail lounge/brewpub, personal service, and micro brewery/distillery/winery.
Blank cell = Use not permitted in this Context Area
Shaded areas represent Building Types that are not permitted in this Context Area.
CITY OF MUSKEGON LAKESIDE FORM BASED CODE .30
Commission Meeting Date: May 28, 2019
Date: May 22, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Rezoning of Several Parcels in the Lakeside Neighborhood
SUMMARY OF REQUEST:
Staff initiated request to rezone several properties in Lakeside to Form Based Code.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the rezonings.
COMMITTEE RECOMMENDATION:
The Planning Commission unanimously recommended approval of the rezonings, contingent
upon the approval of the zoning ordinance amendment by City Commission.
1
Current Zoning
Proposed Zoning
2
3
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for zoning changes for several
parcels in the Lakeside Neighborhood.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for several
parcels in the Lakeside neighborhood (see map).
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
4
CERTIFICATE (Rezoning of several parcels in the Lakeside Neighborhood to Form Based Code)
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 28th day of May, 2019, 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: ___________________, 2019 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
5
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on May 28, 2019, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for several parcels in the
Lakeside Neighborhood to Form Based Code.
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 ____________________, 2019 CITY OF MUSKEGON
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
6
Commission Meeting Date: May 28, 2019
Date: May 21, 2019
To: Honorable Mayor and City Commission
From: Community and Neighborhood Services Department (CNS)
RE: 2019 CDBG/HOME Budget Recommendations
______________________________________________________________
SUMMARY OF REQUEST: To approve the 2019 Budget recommendations
for CDBG/HOME Allocations.
FINANCIAL IMPACT: Budget will be published for release of funds request.
BUDGET ACTION REQUIRED: To finalize the budget for the CNS
department and direct staff to publish approved 2019 CDBG/HOME Allocation
and Budget for Release of Funds and Environmental Review of Projects.
STAFF RECOMMENDATION: To approve the 2019 CDBG and HOME
Budgets.
COMMITTEE RECOMMENDATION: The Citizens District Council has made
their recommendations. (See attached spreadsheet)
CDBG Organization/Agency Activity CNS-Staff Proposed 2019 CDC Proposed 2019
COM - Finance Youth Opportunities/Summer Internships $ 20,000.00 $ 20,000.00
COM - CNS CDBG Admin ** $ 197,690.20 $ 197,690.20
COM - CNS Priority Home Repair $ 100,000.00 $ 125,000.00
COM - CNS Services Delivery $ 65,000.00 $ 65,000.00
COM - CNS Residential Façade Program $ 50,000.00 $ 50,000.00
COM - Finance Fire Station Bond Repayment $ 254,166.66 $ 254,166.66
COM - Inspections Dangerous Bldgs - Demolition $ 25,000.00 $ 25,000.00
COM - Inspections Dangerous Bldgs - Board-Ups $ - $ -
COM - Leisure Services Youth Recreation* $ 100,000.00 $ 100,000.00
COM - Planning Code Enforcement Staff $ - $ -
COM - Planning Economic Development $ 10,000.00 $ -
COM - CNS Youth Center $ 111,594.14 $ 86,594.14
COM - Engineering Sidewalks $ 10,000.00 $ 20,000.00
COM - DPW Skate Park $ 30,000.00 $ 20,000.00
CDC - STAFF $ 973,451.00 $ 963,451.00
*$10,000 uncommitted
HOME Organization/Agency Activity CNS-Staff Proposed 2019 CDC Proposed 2019
CHDO Allocation Housing Affordable Units**** $ 50,222.70 $ 50,222.70
CHDO Administration Administration $ - $ -
COM - CNS HOME Administration*** $ 33,481.80 $ 33,481.80
COM - CNS Rental Rehab $ 20,000.00 $ 20,000.00
COM - CNS HOME Rehab Construction * $ 110,000.00 $ 110,000.00
COM - CNS HOME Infill $ 121,113.50 $ 121,113.50
$ 334,818.00 $ 334,818.00
AGENDA ITEM NO. ______________
CITY COMMISSION MEETING ________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: May 24, 2019
RE: Convention Center Development Agreement Changes
SUMMARY OF REQUEST:
City staff is seeking approval to accept the following proposed changes to the Convention
Center Development Agreement
1. Extend the requirement for Parkland Acquisitions Two, LLC to levy the 4% self-assessment
from to December 31, 2050, or the expiration of the convention center debt, whichever is
sooner;
2. Reduce the minimum square footage of the multi-purpose hall in the Convention Center
to 17,500 square feet;
3. Remove any requirements that contractors pay their employees prevailing wages.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To accept the changes and authorize the manager to proceed with the development, as
amended.
COMMITTEE RECOMMENDATION:
Memorandum
To: Mayor and City Commissioners
From: Frank Peterson, City Manager
Re: Convention Center Prevailing Wage Discussion
Date: May 20, 2019
There has been a significant amount of discussion in the past two weeks about the use of local
labor on the convention center construction project and if there should be a requirement that
subcontractors agree to pay prevailing wage rates to employees as a condition of contract award.
Background
At the onset of the project, leadership of the trade unions approached city and county staff in an
effort to secure the use of local labor in exchange for a Community Benefit Agreement (CBA).
The group estimated that a CBA could generate nearly $60,000 for community-related needs.
Additionally, leadership at the County of Muskegon predicated their participation in the project
on the use of a county purchasing policy that requires prevailing wages in all projects over
$100,000. Eventually, a development agreement was executed by the City, County, and Parkland
Properties that outlined the scope of the project, including timelines, facility size, costs,
reimbursement method, and the use of prevailing wages.
Per the development agreement, the original facility was to include 20,000 square feet of
contiguous convention space and 5,000 square feet of breakout space; the entire facility was to
be no less than 35,000 square feet, inclusive of all convention, breakout, circulation, and
restroom space. The construction costs were to be no less than $12 Million, but no more than
$14 Million; the City agreed to pay 100% of all expenses over $20 Million. The debt funding
commitment was for 25 years – leaving the assessments and room taxes in place until December
31, 2043.
The project itself has faced a number of hurdles – some of them site-specific, and some of them
based on changes in the market. As a result, the cost estimates have grown substantially. In an
effort to keep the costs reasonable, the development team has worked to right size the facility
and value engineer certain components. We have spent significant hours as a tem reviewing cost
savings measures and redesigning components of the building. The result of that effort is a
convention center that no longer meets the cost or size requirements of development
agreement.
Per the attached legal opinion by the City Attorney, we must have agreement among all three
parties in order to amend the development agreement. Each of the parties will have to
compromise on components of the agreement, or there is a real likelihood of delayed and/or
abandoned construction.
Partner Organization Requests
As noted above, we have two partner organizations on this project: County of Muskegon and
Parkland Properties. Those two organizations will be financing the convention center
construction as well as the operations with a combination of room taxes, hotel self-assessments,
and operating revenues. The city will own the facility and carry the debt, with reimbursement in
full from the other two entities.
Please find two communications attached to this memo. The first communication is from County
Administrator Mark Eisenbarth. The second is from Parkland Properties owner Jon Rooks.
Mr. Eisenbarth is asking that the City Commission accept the County Commission’s recent
decision to remove the use of prevailing wages as a requirement of bidders on the upcoming
convention center project. It is my understanding that they hired an outside attorney in
partnership with their liability insurer; this attorney subsequently opined that requiring
prevailing wage could cause the county a certain level of liability. The County Administrator’s
letter did indicate that the County Commission encourages the use of local businesses and labor
on the project.
The letter from Mr. Rooks indicates that he is supportive of amending the original convention
center development agreement to account for a longer term on his hotel’s 4% self-assessment
as well as a reduction in the main convention center space from 20,000 square feet to 17,500
square feet. Mr. Rooks also does not object to the removal of prevailing wage requirements. An
important part of Mr. Rooks’ letter is the acknowledgement of his conditional support of the
amendments upon the City of Muskegon’s removal of all prevailing wage requirements.
Staff Analysis
We are in a difficult position; there is no question about that. I have been intimately involved
from the conceptual phase through the groundbreaking. There are a lot of moving parts, and at
any point, a market force could have derailed/stopped the project. The plan today is significantly
more money than originally anticipated and we have reduced the scope/size to offset the high
construction costs. The numerous changes in value/size/scope have also started to cause cost
overruns in the architectural and engineering line items, which further exacerbates the problem.
As of today, our current top-line budget is approximately $19.5 Million. Financing this over 30
years is our only option to successfully cash flow the debt with the committed revenue. There is
no room for significant project/scope changes, cost increases, or change orders. There is also
very little room for furniture and/or audio/visual investments. We are at the top of our budget
and the bottom of our size requirement.
We have essentially value-engineered the building to a bare-minimum position. This has already
affected functionality, rent-ability, and aesthetics. We have two options: disagree with our
partner organizations; leaving the prevailing wage requirements in place (and increasing the
space back to 20,000 square feet while reducing the debt service to 25 years), or agree with our
partner organizations by removing prevailing wages (and bid the project as designed).
Option 1 – Leave Prevailing Wage Requirement
It is hard to estimate what the net financial impact prevailing wage requirements may be to the
project/community. Even if there are additional costs associated with the project directly
because of the prevailing wage requirement, there may be mitigating advantages to the local
economy by putting more disposable income in workers’ hands. Our development agreement
speaks only to direct impacts (project scope, size, costs, etc.), rather than ancillary or indirect
impacts. If the City Commissions chooses this option, we should carefully consider the direct
impacts on the city’s budget.
Option 2 – Remove Prevailing Wage Requirement
Removing the prevailing wage requirement is unlikely to have a direct negative financial impact
on the project costs. However, the perception could be that the City is not supporting local labor.
If the City Commission chooses this option, we should consider providing a local preference to
bidders.
Staff Recommendation
We have been very hesitant to put a value/cost on the prevailing wage piece because it was not
our request/requirement, and we did not want our analysis to affect the project’s use (or non-
use) of prevailing wage requirements. However, we do feel there is a chance that leaving
prevailing wage requirement in the project could cost the City and its partners between $1.5
Million and $2.2 Million, as follows:
Staff has spoken to professional construction accounting specialists, and we are
estimating that the project will require approximately 25 hours of monthly
servicing from an independent auditor for approximately 18 months. The costs
are likely between $150 and $200 per hour. This puts the cost of reviewing wages
at approximately $67,000-$90,000. Our construction management group and our
owner’s representative have worked to identify an approximate cost for the
potentially higher labor rate associated with prevailing wage. There is currently a
$17 Million construction estimate, with an allocation of 45%-55% to labor ($7.65-
$9.53 Million). This figure already includes our estimate for requiring prevailing
wages. This was very hard to estimate, but our team believes that prevailing wage
requirements represent between 7% and 15% of that number – depending on the
trades ($535,000-$1,429,500). We also expect the additional 2,500 square feet of
required convention space to cost between $375 and $400 per square foot and
add to the project between $900,000 and $1,000,000.
If this analysis is correct, we also have to understand the development agreement’s clause
requiring the City to pay for all project costs in excess of $20 Million. Our bonding authority
resolution only calls for $20 Million in bond debt associated with the project – inclusive of bond-
related fees. Assuming we come in on our current projected budget of $19.5 Million, the
additional $900,000-$1.1 Million could push the project to $20.4-$20.6 Million; we would need
to contribute approximately $500,000 directly from the City of Muskegon.
We would also have a timing issue. Selecting Option 1 will likely lead us to incur additional design
time/cost, and move us into an adversarial position with our two partner organizations –
requiring some time to renegotiate the impact(s). This could cause us problems in meeting our
deadline to deliver the convention center to Parkland Properties in time for the January 2021
deadline. Failing to meet that deadline could jeopardize Parkland’s requirement to continue to
self-assess their hotel.
Rather than fight these battles and possibly delay the project, staff feels that our time would be
better spent implementing a plan that focuses on local workers and locally owned companies –
with less emphasis of their participation in the prevailing wage structure.
Therefore, the staff recommendation is as follows:
Remove the prevailing wage requirement from the bid package and replace it with a local
preference. I would recommend implementation as follows:
Adopt a local living wage preference of 5% to all qualified subcontractors. Access
to the 5% preference would require that residents of Muskegon County must fill
40% of the qualified subcontractor’s project payroll. The contract award would
be at the actual accepted bid price, assuming it is within 5% of the lowest bid. The
City would retain the difference between the lowest bid and the local qualified bid
until the project is complete. If the qualified local subcontractor can demonstrate
that 40% of its payroll went to laborers from Muskegon County residents, they
would receive the difference between the low bid and their qualified bid (up to
5%).
We would accomplish this by holding post-bid meetings with the three lowest
bidders of each trade. As part of this process, we will review the qualifications of
the bidders as well as the commitment to hire local labor. We would award the
contract to the lowest qualified bidder unless another qualified bidder committing
to 40% local labor is within 5% of the bid price.
Example 1
Lansing Company Bid: $3,000,000
Muskegon Company Bid: $3,150,000
Difference in Bid Cost: 5%
We hire the Muskegon Company at $3,000,000. Upon completion of the project,
the City may review payroll records to ensure that county residents earn 40% of
wages associated with the project. We pay the additional $150,000 to the local
contractor for meeting the 40% threshold; otherwise, we do not pay the additional
$150,000.
Example 2
Lansing Company Bid: $3,000,000
Muskegon Company Bid: $3,500,000
Difference in Bid Cost: 16.6%
We hire the Lansing Company at $3,000,000; they are the low bidder and there is
not a qualified local contractor within 5% of their bid.
This is a fair solution to support local labor without specifically accounting for prevailing
wages. It will also allow union contractors some wiggle room in competing with non-
union contractors. We want to see local companies and local laborers build this structure;
this is the best way to ensure successful local participation while building the structure on
time and on budget.
I anticipate bringing this recommendation to the next City Commission meeting. Please
let me know in advance if you have any comments or concerns.
Muskegon County Board of Commissioners April 30, 2019 85
Full Board Meeting 3:30 p.m.
Muskegon County
Board of Commissioners
Hall of Justice, 990 Terrace, 4th Floor
Muskegon, MI 49442
Susie Hughes, Chairman Gary Foster, Vice Chair
Marcia Hovey-Wright Robert Scolnik
Zach Lahring I. John Snider II
Kenneth Mahoney Rillastine R. Wilkins
Charles Nash
Board Minutes may be found on the web at http://co.muskegon.mi.us/clerk
Full Board Meeting Tuesday, April 30, 2019
3:30 p.m.
Chairman Susie Hughes, Presiding
The Full Board Meeting of the Board of Commissioners was called to order by Chairman Susie
Hughes. The Invocation was given by Pastor Nate Parsekian, Shores Community Church, 3800
Lake Harbor Road, Norton Shores. The Pledge of Allegiance was led by Administrator Mark E.
Eisenbarth and recited in unison.
Roll Call
Present: Gary Foster, Marcia Hovey-Wright, Susie Hughes, Zach Lahring,
Kenneth Mahoney, Charles Nash, Robert Scolnik, I. John Snider II,
Rillastine R. Wilkins
Also Present: Mark E. Eisenbarth, Administrator
Nancy A. Waters, County Clerk
Jeanne Pezet, Deputy County Clerk
Doug Hughes, Corporate Counsel
2019-161 APPROVAL OF THE AGENDA
Moved by Commissioner Wilkins, seconded by Commissioner Mahoney, to approve the
agenda.
Voice vote Motion Carried
2019-162 APPROVE THE BOARD MINUTES OF THE SPECIAL MEETING MINUTES OF
MARCH 28, 2019 AND REGULAR MEETING OF APRIL 16, 2019
Moved by Vice Chair Foster, seconded by Commissioner Mahoney, to approve the Minutes of
the Special Meeting Minutes of March 28, 2019 and the Regular Meeting of April 16, 2019.
Voice vote Motion Carried
PUBLIC COMMENT (on an agenda item)
Benjamin Spencer, Anna Derwin, Sandy Glore, Katherine Kroll, Charlene Hilt addressed the
Board requesting the Board to remain transparent and not go into closed session. Ryan
Bennett, Local 174 Plumbers and Pipefitters, invited Board Members to an apprenticeship
program event Thursday and Friday of this week for the State-wide Apprenticeship Contest of
Muskegon County Board of Commissioners April 30, 2019 86
Full Board Meeting 3:30 p.m.
Plumbers, Pipefitters, Welders, HVAC Service Techs, and Sprinkler fitters from around the State
will be competing at the facility in Coopersville and asked Commissioners to RSVP if they would
like a tour of the training facility. Mr. Bennett also shared a handout about the training.
COMMUNICATIONS
The following Communication items were provided to the Board for informational purposes (see
attached):
A. Antrim County Board of Commissioners: Resolution #17-2019 – Medicare
Prescription Drug Bill of 2003 – Support the Process of Legislators to Commence
Revising Bill
B. Bay County Board of Commissioners: Resolution #2019-88 – Opposition to
Slashing Federal Funding for the Great Lakes Restoration Initiative
C. Cheboygan County Board of Commissioners: Resolution #19-06 – Support of HB
4227 The Creation of a “Committee on Michigan’s Mining Future”
2019-163 ACCEPT AND PLACE ON FILE THE PRESENTED COMMUNICATION ITEMS
Moved by Commissioner Mahoney, seconded by Commissioner Wilkins, to accept and place on
file the presented communication items.
Voice vote Motion Carried
Commissioner Hovey-Wright asked that Muskegon County Board of Commissioners forward
support to Michigan Association of Counties (MAC) and Antrim County and Bay County for their
resolutions.
PRESENTATIONS
Vice Chair Foster presented a Tribute in Recognition of Steve Jackson’s generous donation of a
flag pole at Veterans Memorial Park and presented to Steve Jackson and Gary Merkey, a
Tribute in Recognition of Jackson-Merkey’s generous donation of equipment and labor at
Veterans Memorial Park.
HUMAN RESOURCES UPDATE: Kristen Wade, HR Director, presented a PowerPoint that
updated services given to County employees. (See attached)
Muskegon County Board of Commissioners April 30, 2019 87
Full Board Meeting 3:30 p.m.
COMMITTEE/BOARD REPORTS
2019-164 APPROVE THE AMENDED BYLAWS OF THE LAKESHORE MUSEUM
CENTER BOARD AS PRESENTED
CD/SP19/04-07
The Community Development/Strategic Planning Committee recommends, moved by
Commissioner Nash, seconded by Vice Chair Foster, to approve the amended bylaws of the
Lakeshore Museum Center Board as presented.
Roll Call:
Yes: Gary Foster, Marcia Hovey-Wright, Zach Lahring, Kenneth Mahoney, Charles Nash,
Bob Scolnik, I. John Snider, II, Rillastine Wilkins, Susie Hughes
No: None Motion Carried
2019-165 ADOPT THE LICENSE AGREEMENT WITH B. BASKIN ENTERPRISES, LLC,
TO PROVIDE A LICENSE FOR THE USE OF HERITAGE LANDING JULY 3-7,
2019 FOR THE ROCKSTOCK MUSIC FESTIVAL, AN INDEPENDENCE DAY
FIREWORKS DISPLAY, AND A CARNIVAL, AND AUTHORIZE THE
CHAIRPERSON OF THE COUNTY BOARD TO EXECUTE THE AGREEMENT
CD/SP19/04-08
The Community Development/Strategic Planning Committee recommends, moved by
Commissioner Nash, seconded by Vice Chair Foster, to adopt the License Agreement with B.
Baskin Enterprises, LLC, to provide a license for the use of Heritage Landing July 3-7, 2019 for
the Rockstock music festival, an Independence Day fireworks display, and a carnival, and
authorize the Chairperson of the County Board to execute the agreement.
Roll Call:
Yes: Gary Foster, Marcia Hovey-Wright, Zach Lahring, Kenneth Mahoney, Charles Nash,
Bob Scolnik, Rillastine Wilkins, Susie Hughes
No: None
Abstain: I. John Snider, II Motion Carried
Muskegon County Board of Commissioners April 30, 2019 88
Full Board Meeting 3:30 p.m.
2019-166 PROVIDE A LICENSE FOR THE USE OF HERITAGE LANDING JULY 11-13,
2019 FOR THEIR “150TH ANNIVERSARY CELEBRATION” MUSIC FESTIVAL,
AND AUTHORIZE THE CHAIRPERSON OF THE COUNTY BOARD TO
EXECUTE THE AGREEMENT
CD/SP19/04-09
The Community Development/Strategic Planning Committee recommends, moved by
Commissioner Nash, seconded by Vice Chair Foster, to adopt the License Agreement with the
City of Muskegon, to provide a license for the use of Heritage Landing July 11-13, 2019 for their
“150th Anniversary Celebration” music festival, and authorize the Chairperson of the County
Board to execute the agreement.
Roll Call:
Yes: Gary Foster, Marcia Hovey-Wright, Zach Lahring, Kenneth Mahoney, Charles Nash,
Bob Scolnik, I. John Snider, II, Rillastine Wilkins, Susie Hughes
No: None Motion Carried
2019-167 AUTHORIZE THE MUSKEGON AREA TRANSIT SYSTEM TO PUBLISH THE
PUBLIC NOTICE REGARDING THE FY2019 FEDERAL OPERATING AND
CAPITAL ASSISTANCE APPLICATION AND TO AUTHORIZE STAFF TO
EXECUTE THE ELECTRONIC GRANT APPLICATION IF THERE IS NO
REQUEST FOR A PUBLIC HEARING
TR19/04-15
The Transportation Committee recommends, moved by Commissioner Wilkins, seconded by
Vice Chair Foster, to authorize the Muskegon Area Transit System to publish the public notice
regarding the FY2019 Federal Operating and Capital assistance application and to authorize
staff to execute the electronic grant application if there is no request for a public hearing.
Roll Call:
Yes: Gary Foster, Marcia Hovey-Wright, Zach Lahring, Kenneth Mahoney, Charles Nash,
Bob Scolnik, I. John Snider, II, Rillastine Wilkins, Susie Hughes
No: None Motion Carried
2019-168 APPROVE PAYMENT OF THE ACCOUNTS PAYABLE OF $7,875,815.74,
COVERING THE PERIOD OF APRIL 2, 2019 THROUGH APRIL 11, 2019 FOR
CHECKS AS PRESENTED BY THE COUNTY CLERK
WM19/04-42
The Ways and Means Committee recommends, moved by Commissioner Scolnik, seconded by
Vice Chair Foster, to approve payment of the accounts payable of $7,875,815.74, covering the
period of April 2, 2019 through April 11, 2019 for checks as presented by the County Clerk.
Roll Call:
Yes: Gary Foster, Marcia Hovey-Wright, Zach Lahring, Kenneth Mahoney, Charles Nash,
Bob Scolnik, I. John Snider, II, Rillastine Wilkins, Susie Hughes
No: None Motion Carried
Muskegon County Board of Commissioners April 30, 2019 89
Full Board Meeting 3:30 p.m.
2019-169 APPROVE THE SELECTION OF GOVERNMENTAL CONSULTING SERVICES
TO PROVIDE LEGISLATIVE CONSULTING SERVICES, PER COUNTY RFP
19-2343 FOR A THREE-YEAR TERM WITH OPTION TO RENEW IN AMOUNT
NOT TO EXCEED $48,000 PER YEAR
WM19/04-43
The Ways and Means Committee recommends, moved by Commissioner Scolnik, seconded by
Vice Chair Foster, to approve the selection of Governmental Consulting Services to provide
legislative consulting services, per County RFP 19-2343 for a three-year term with option to
renew in amount not to exceed $48,000 per year.
Roll Call:
Yes: Gary Foster, Marcia Hovey-Wright, Zach Lahring, Kenneth Mahoney, Charles Nash,
Bob Scolnik, I. John Snider, II, Rillastine Wilkins, Susie Hughes
No: None Motion Carried
2019-170 APPROVE THE RESOLUTION ADOPTING THE 2019 EQUALIZED
VALUATION FOR MUSKEGON COUNTY AS DETERMINED AND SUBMITTED
BY THE MUSKEGON COUNTY EQUALIZATION DEPARTMENT
WM19/04-44
The Ways and Means Committee recommends, moved by Commissioner Scolnik, seconded by
Vice Chair Foster, to approve the resolution adopting the 2019 equalized valuation for
Muskegon County as determined and submitted by the Muskegon County Equalization
Department.
Roll Call:
Yes: Gary Foster, Marcia Hovey-Wright, Zach Lahring, Kenneth Mahoney, Charles Nash,
Bob Scolnik, I. John Snider, II, Rillastine Wilkins, Susie Hughes
No: None Motion Carried
2019-171 APPROVE THE CHANGES TO THE PERSONNEL RULES, AS A RESULT OF
THE PAID MEDICAL LEAVE ACT, EFFECTIVE MARCH 29, 2019
WM19/04-45
The Ways and Means Committee recommends, moved by Commissioner Scolnik, seconded by
Vice Chair Foster, to approve the changes to the Personnel Rules, as a result of the Paid
Medical Leave Act, effective March 29, 2019.
Roll Call:
Yes: Gary Foster, Marcia Hovey-Wright, Zach Lahring, Kenneth Mahoney, Charles Nash,
Bob Scolnik, I. John Snider, II, Rillastine Wilkins, Susie Hughes
No: None Motion Carried
Muskegon County Board of Commissioners April 30, 2019 90
Full Board Meeting 3:30 p.m.
2019-172 AWARD A THREE (3) YEAR INSURANCE BROKERAGE SERVICES
CONTRACT, WITH THE OPTION OF TWO (2), ONE (1) YEAR EXTENSIONS,
TO ARTHUR J GALLAGHER AND THEY BE COMPENSATED SOLELY BY
BENEFIT VENDOR’S STANDARD COMMISSIONS, EFFECTIVE MAY 1, 2019
WM19/04-46
The Ways and Means Committee recommends, moved by Commissioner Scolnik, seconded by
Vice Chair Foster, to award a three (3) year Insurance Brokerage Services contract, with the
option of two (2), one (1) year extensions, to Arthur J Gallagher and they be compensated
solely by benefit vendor’s standard commissions, effective May 1, 2019.
Roll Call:
Yes: Gary Foster, Marcia Hovey-Wright, Zach Lahring, Kenneth Mahoney, Charles Nash,
Bob Scolnik, I. John Snider, II, Rillastine Wilkins, Susie Hughes
No: None Motion Carried
2019-173 APPROVE THE RECLASSIFICATION OF THE RECRUITMENT
COORDINATOR POSITION, N61801, TO A HUMAN RESOURCES
SPECIALIST AND PROVIDE A SALARY RANGE ADJUSTMENT TO THE
NEW HUMAN RESOURCES SPECIALIST POSITION AND THE TWO (2)
EXISTING HUMAN RESOURCES SPECIALIST POSITIONS, N39702 AND
N39704, FROM PAY TABLE/GRADE NO-00210 ($17.89/HR - $22.531) TO A
NO-00218 ($18.733/HR - $23.582), EFFECTIVE MAY 1, 2019
WM19/04-47
The Ways and Means Committee recommends, moved by Commissioner Scolnik, seconded by
Vice Chair Foster, to approve the reclassification of the Recruitment Coordinator position,
N61801, to a Human Resources Specialist and provide a salary range adjustment to the new
Human Resources Specialist position and the two (2) existing Human Resources Specialist
positions, N39702 and N39704, from pay table/grade NO-00210 ($17.89/hr - $22.531) to a NO-
00218 ($18.733/hr - $23.582), effective May 1, 2019.
Roll Call:
Yes: Gary Foster, Marcia Hovey-Wright, Zach Lahring, Kenneth Mahoney, Charles Nash,
Bob Scolnik, I. John Snider, II, Rillastine Wilkins, Susie Hughes
No: None Motion Carried
CHAIRMAN’S REPORT/COMMITTEE LIAISON REPORTS
2019-174 APPROVE A PROCLAMATION FOR READ EARLY. READ OFTEN. WEEK,
MAY 18TH – MAY 25TH, 2019
The Chairman recommends, moved by Commissioner Nash, seconded by Commissioner
Mahoney, to approve a proclamation for Read early. Read often. Week, May 18th – May 25th,
2019
Voice vote Motion Carried
Muskegon County Board of Commissioners April 30, 2019 91
Full Board Meeting 3:30 p.m.
Chairman Susie Hughes announced that the Muskegon Farmers Market opens for the season
on Thursday, May 2nd; and the Historic Hackley & Hume Sites also open Thursday, May 2nd.
Chairman Hughes noted the Hero Mud Run is scheduled for Saturday, May 4th beginning at 8
a.m. until 1 p.m. at the Muskegon County Fairgrounds.
Commissioner Mahoney reported that the accommodations tax revenue increased from last
year in spite of several hotel rooms being closed for construction. Commissioner Mahoney also
announced that, in 2020, we are expecting 31 visits to the port from 3 different cruise lines.
Commissioner Mahoney also noted, for ASCET, that it was an honor and privilege to vote to
help Ryan Bennett become a member of the West Michigan Works Governing Board.
Commissioner Lahring provided a Road Commission Update working on several County roads.
Commissioner Snider reported that this April’s Recycling event exceeded participation in any
past year and complimented the staff.
Chairman Hughes thanked Matt Farrar and staff for a great event.
2019-175 APPROVE A PROCLAMATION IN SUPPORT OF THE NATIONAL DAY OF
PRAYER ON MAY 2, 2019
Moved by Commissioner Wilkins, seconded by Commissioner Mahoney, to approve a
Proclamation in support of the National Day of Prayer on May 2, 2019.
Voice vote Motion Carried
ADMINISTRATOR’S REPORT
Administrator Eisenbarth reported that the Convention Center design is going well and things
are going well with hotel improvements.
Commissioner Lahring asked about additional costs due to soil issues.
Administrator Eisenbarth noted they are waiting on test results.
OLD BUSINESS
There was no old business to come before the Board.
NEW BUSINESS
There was no new business to come before the Board.
PUBLIC COMMENT
Several citizens addressed the Board in opposition to extending the Planned Parenthood lease
with the County and also spoke against prevailing wage.
Donna Pennington addressed the Board about the above issues and the Kids Count Report
Muskegon County Board of Commissioners April 30, 2019 92
Full Board Meeting 3:30 p.m.
Matt Farrar, Public Works Director, reported that more than 900 visitors participated in the
recycle event where the County filled three semi’s with tires. Commissioner Snider asked Mr.
Farrar for a list of Volunteers from the Recycle Event and Commission Snider read a portion of
the County staff members that volunteered into the record: Brenda Newman, Pam Roesch,
Greg Leverence, Gensen Schwartz, Steve Barnard, Joe Tardani, Dave (DJ) Johnson, Steve
Fink, and Rob Ribbons and others from the Sheriff’s office who volunteered for in excess of four
hours.
2019-176 GO INTO CLOSED SESSION: PURSUANT TO MCL 15.268(H) AND 15.243(G)
TO DISCUSS ITS ATTORNEY’S APRIL 2019 WRITTEN LEGAL OPINION
Moved by Commissioner Mahoney, seconded by Commissioner Snider, to go into Closed
Session Re: Attorney’s April 2019 Written Legal Opinion.
Commissioner Lahring asked for an explanation of why the County Board would go into closed
session. Corporate Counsel explained that closed session is a process for public meetings
provided by the Open Meetings Act to provide the Board members information on legal opinions
and further noted that no action is taken in a closed session meeting.
Roll Call:
Yes: Gary Foster, Marcia Hovey-Wright, Zach Lahring, Kenneth Mahoney, Charles Nash,
Bob Scolnik, I. John Snider, II, Rillastine Wilkins, Susie Hughes
No: None Motion Carried
Went into closed session at 4:24 p.m.
Returned to open session at 5:00 p.m.
2019-177 REPEAL PREVAILING WAGE REQUIREMENT WITH RESPECT TO THE
DEVELOPMENT OF THE COUNTY’S PARTICIPATION IN THE CONVENTION
CENTER
Moved by Commissioner Snider, seconded by Commissioner Lahring, to repeal prevailing wage
requirement with respect to the development of the County’s participation in the Convention
Center.
Discussion ensued.
Moved by Commissioner Lahring to remove prevailing wage from the Convention Center and
every contract moving forward from our purchasing procurement process
Commission Snider did not accept the friendly amendment.
Discussion continued.
Muskegon County Board of Commissioners April 30, 2019 93
Full Board Meeting 3:30 p.m.
2019-178 POSTPONE THE VOTE FOR INFORMATION FROM BOTH SIDES AND HAVE
TIME TO EVALUATE THE RAMIFICATIONS
Moved by Commissioner Hovey-Wright, seconded by Commissioner Mahoney, to postpone the
vote for information from both sides and have time to evaluate the ramifications..
Roll Call:
Yes: Marcia Hovey-Wright, Kenneth Mahoney, Charles Nash
No: Gary Foster, Zach Lahring, Bob Scolnik, I. John Snider, II, Rillastine Wilkins,
Susie Hughes Motion Failed
Roll call on 2019-177: To repeal prevailing wage requirement with respect to the development
of the County’s participation in the Convention Center
Yes: Gary Foster, Zach Lahring, Bob Scolnik, I. John Snider, II, Rillastine Wilkins, Susie Hughes
No: Marcia Hovey-Wright, Kenneth Mahoney, Charles Nash Motion Carried
2019-179 MOVED BY COMMISSIONER MAHONEY, SECONDED BY COMMISSIONER
SNIDER, TO ADJOURN.
Meeting adjourned at 5:17 p.m.
__________________________________
Nancy A. Waters, County Clerk
NAW/jmp
To Be Approved at Full Board Meeting on Tuesday, May 14, 2019
Commission Meeting Date: May 28, 2019
Date: May 28, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Sale of the property at 1246 Fifth, 1252 Fifth, & 1258 Fifth.
SUMMARY OF REQUEST:
Staff is seeking approval to sell the three vacant parcels at 1246, 1252 and 1258 Fifth Street
to West Urban Properties, LLC, a Michigan Domestic Limited Liability Company. These
parcels are zoned R-3 (Single-Family Residential). The parcels will be combined then split
into two parcels with a single-family home being constructed on each.
FINANCIAL IMPACT:
Staff recommends a sale price of $3,600.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval and signature of the attached purchase agreement, resolution and deed.
COMMITTEE RECOMMENDATION:
None
5/28/2019
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 1246 FIFTH STREET AND
TWO ADJACENT UNBUILDABLE LOTS AT 1252 FIFTH STREET AND 1258 FIFTH STREET IN
NELSON NEIGHBORHOOD FOR $3,600.
WHEREAS, West Urban Properties, LLC, a Michigan Domestic Limited Liability Company, be allowed
to purchase the parcels designated as parcel numbers: 24-205-378-0006-00, located at 1246 Fifth St.; 24-
205-378-0006-10, located at 1252 Fifth St.; and 24-205-378-0006-20, located at 1258 Fifth St. for a total
of $3,600; and
WHEREAS, the combination of the parcel numbers 24-205-378-0006-00, 24-205-378-0006-10, & 24-
205-378-0006-20 would have the purchase price of $3,600, which is 75% of the True Cash Value (TCV)
listed with the City Assessor’s Office; and
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of further
maintenance costs; and
WHEREAS, the sale is consistent with City policy regarding the disposition of buildable lots, in that,
these parcels will be combined and split into two buildable parcels with the construction of a single-
family home on each (total of two single-family homes) and sold for the price of $3,600; and
NOW THEREFORE BE IT RESOLVED, that parcel numbers 24-205-378-0006-00, 24-205-378-0006-
10, & 24-205-378-0006-20, located at 1246 Fifth St., 1252 Fifth St., & 1258 Fifth St. be sold to West
Urban Properties, LLC, a Michigan Domestic Limited Liability Company, for $3,600.
CITY OF MUSKEGON REVISED PLAT OF 1903 NORTH 46 FEET LOT 6 BLOCK 378
CITY OF MUSKEGON REVISED PLAT OF 1903 NORTHERLY 44 FEET OF SOUTHERLY 86
FEET LOT 6 BLOCK 378
CITY OF MUSKEGON REVISED PLAT OF 1903 SOUTHEASTERLY 42 FEET LOT 6 BLOCK
378
Adopted this 28th day of May 2019
Ayes:
Nays:
Absent:
By: _________________________
Stephen Gawron
Mayor
Attest: _________________________
Ann Marie Meisch, MMC
City Clerk
5/28/19
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 May 28, 2019.
By: ________________________
Ann Marie Meisch, MMC
City Clerk
5/28/19
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made May 23, 2019, by and between the CITY OF
MUSKEGON, a Municipal Corporation, of 933 Terrace St., Muskegon, Michigan 49440
("Seller"), and WEST URBAN PROPERTIES, LLC, a Michigan Domestic Limited Liability
Company, of 3265 Walker Ave. NW Suite D, Grand Rapids, MI 49544 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:
CITY OF MUSKEGON REVISED PLAT OF 1903 NORTH 46 FEET LOT 6 BLOCK 378
CITY OF MUSKEGON REVISED PLAT OF 1903 NORTHERLY 44 FEET OF SOUTHERLY
86 FEET LOT 6 BLOCK 378
CITY OF MUSKEGON REVISED PLAT OF 1903 SOUTHEASTERLY 42 FEET LOT
6 BLOCK 378
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Three Thousand Six Hundred and no/100 Dollars ($3,600.00), payable in cash or bank
certified check.
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to the Buyer, ten (10) days prior to
closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for an
amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness of restriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall
be paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
premises two (2) single-family homes, up to all codes, within eighteen (18) months of the closing
of this transaction. Buyer may only remove those trees necessary for construction of the home
and driveway. The home shall be substantially completed within eighteen (18) months and, in the
event said substantial completion has not occurred, or the restriction of this paragraph relating to
tree removal is violated, in the sole judgment of the City, the property and all improvements then
installed shall revert in title to the City, without any compensation or credit to Buyer. Buyer
further covenants that the home shall be owner occupied for five (5) years after the closing. The
covenants in this paragraph shall survive the closing and run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE
FOUND.
8. Closing. The closing date of this sale shall be held 90 days from City
Commission approval of the sale, more specifically on or before August 28, 2019 ("Closing").
The Closing shall be conducted at Transnation Title Insurance Company, 570 Seminole Rd. Ste
102, Muskegon, Michigan 49444. If necessary, the parties shall execute an IRS closing report at
the Closing.
9. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
10. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
11. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
12. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement.
Buyer shall pay for the cost of recording the deed to be delivered at Closing.
13. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after
the consummation of this purchase and sale.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES: SELLER: CITY OF MUSKEGON
_______________________________ By_____________________________________
Stephen Gawron, Its Mayor
_______________________________ _______________________________________
Ann Marie Meisch, MMC, Its Clerk
BUYER:
________________________________ _____________________________________
David Dusendang, Its President/Owner