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CITY OF MUSKEGON
CITY COMMISSION MEETING
March 12, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
CALL TO ORDER
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 PM, Tuesday, March 12, 2024. A
moment of silence was observed, after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Rebecca St. Clair, Commissioners
Katrina Kochin (arrived at 5:46 p.m.), Willie German, Jr., Destinee Keener, Jay
Kilgo, and Rachel Gorman. City Manager Jonathan Seyferth, City Attorney
John Schrier, City Clerk Ann Marie Meisch, and Deputy City Clerk Kimberly
Young.
HONORS, AWARDS, AND PRESENTATIONS
A. Police Department Accreditation Recertification Public Safety
The Police Department has completed and been awarded recertification of
the Michigan Law Enforcement Accreditation Program. The Muskegon Police
Department was most recently accredited in 2021, which lasts for 3 years.
Accreditation is a progressive and time-proven way of helping law
enforcement agencies calculate and improve their overall performances. The
foundation of Accreditation lies in the voluntary adoption of standards
containing a clear statement of professional objectives. Participating agencies
conduct a thorough self-analysis to determine which of their existing operations
already meet some of the standards and/or how the procedures can be
adapted to meet the standards and professional objectives. When the
procedures are in place, a team of trained Commission assessors verifies that
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applicable standards have been successfully implemented and the agency is
in compliance. Accreditation status represents a significant professional
achievement. Accreditation acknowledges the implementation of written
directives, policies, and procedures that are conceptually sound and
operationally effective. Mayor Johnson presented the accreditation certificate
honoring the department.
B. Resolution Recognizing Barb Shullenberger City Clerk
Mayor Johnson and the Commission honored and recognized Barbara
Shullenberger for her years of service to the City of Muskegon as she retires
after thirty-three plus years. Mayor Johnson read and presented Barb with a
resolution and we all wish her the very best in health and happiness in the
future.
PUBLIC COMMENT ON AGENDA ITEMS
Public comments received.
2024-23 CONSENT AGENDA
Motion by Commissioner Gorman, second by Vice Mayor St.Clair, to approve
the consent agenda minus items B, C, G, K, L, and P.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, German, Gorman, and
Kochin
Nays: None
MOTION PASSES
A. Approval of Minutes City Clerk
To approve the minutes of the February 12, 2024 Worksession and February 13,
2024 Regular Meeting.
STAFF RECOMMENDATION: Approve the minutes.
D. Sale of 307 McLaughlin Planning
Staff is requesting approval of a purchase agreement for 307 McLaughlin for
$140,520. 307 McLaughlin was constructed through the agreement with Dave
Dusendang to construct infill housing with ARPA funding. The offer is over the
full listing price with the seller to contribute 4% of purchase price towards
buyers closing costs, pre paids and discount points.
STAFF RECOMMENDATION: Approve the purchase agreement for 307
McLaughlin.
E. Amended Lakeside Resolution Economic Development
Amendments to Resolution 2023-108(b) were made with the proper meeting
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dates and Winter property tax bill years. This resolution was corrected to
change the resolution date from September 13 to 12. The Winter property tax
bill years were changed from 2024-2026 to 2023-2025.
STAFF RECOMMENDATION: To approve the amendments to Resolution 2023-
108(b)
F. Contract for Tree Removal Services Planning
Staff is working with three developers on the sale of 10 City-owned residential
lots for new home construction. Nine of these lots have several trees located
within the potential building footprints, making them unattractive to developers
due to the costs associated with tree removal. A request for proposal for tree
services was listed on the City's website. Staff recommends awarding the
contract to Monarch Tree Services, as they appear to be a qualified company
with the lowest price. Trees must be removed from the lots by April 15. The lots
include 466/486 Erickson, 1172/1243/1311/1357 Marquette, 1328 James, 1554
Marcoux, and 509 Octavius.
AMOUNT REQUESTED: $23,562.50
FUND OR ACCOUNT: Public Improvement - 445-901-975
STAFF RECOMMENDATION: To award the tree removal contract to Monarch
Tree Service.
H. Purchase of 346 Mclaughlin Community & Neighborhood Services
To approve CNS Director- Sharonda Carson to purchase 346 McLaughlin Ave.
Muskegon MI 49442. CNS would like to purchase 346 McLaughlin ave, a single
family home, for rehabilitation utilizing HOME funding. The property falls under
housing preservation and will be owned by the city to support affordable
housing efforts and promote homeownership for low-income families. We are
estimating a rehab cost of about $50,000 before the home can be listed for
resale.
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AMOUNT REQUESTED: $80,000
FUND OR ACCOUNT: HOME 2023
STAFF RECOMMENDATION: To approve CNS Director- Sharonda Carson to
purchase and renovate 346 McLaughlin Ave. Muskeogn MI 49442
I. 811 Integration into DPW Work Order Software Public Works
Staff requests authorization to enter into a two-year contract in the amount of
$6,990.50 with OpenGov, Inc., maker of DPW's new Cartegraph asset
management and work order software, to integrate the state's 811 (MISSDIG)
system into the Cartegraph software. In November of 2023, the Commission
approved the first two departments at DPW to begin transitioning to
Cartegraph, an asset management and work order tracking software system
designed for public works. City staff and cartegraph have been working to
implement the software, and the project remains on track for a "go-live" of
Summer 2024.
During parts of the implementation process, it became clear that Cartegraph
can also manage the City's 811 MISSDIG calls. 811/MISSDIG is the system which
allows someone who plans to dig underground to request markings and flags
be placed to help them located existing utilities. The City currently uses a web-
based solution from Irth Solutions. Tracking the 811 requests in Cartegraph will
reduce the number of software programs the field staff will need to use and
learn, will allow long-term tracking of requests and associated costs in the
same system as other work tasks, and will reduce the City's costs by about
$6,000 per year.
The two-year contract with OpenGov includes integration services (joining the
City's Cartegraph and 811 accounts together) as well as the first two years of
hosting services. Ongoing costs are significantly reduced from our current Irth
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Solutions costs, and are expected in the $500 per year range. This is an
addendum to the Master Services Agreement already reviewed and
approved by the attorney.
AMOUNT REQUESTED: $6,990.50
FUND OR ACCOUNT: 590 (Sewer), 591 (Water), 202
(Highway), 203 (Local Streets)
STAFF RECOMMENDATION: Authorize staff to enter into a two-year contract in
the amount of $6,990.50 with OpenGov, Inc., maker of DPW's new Cartegraph
asset management and work order software, to integrate the state's 811
(MISSDIG) system into the Cartegraph software.
J. Parks Portable Pit Toilet Contract DPW- Parks
Staff requests approval to enter into a 3-year contract with Kerkstra Portable
Restroom Service, Inc for as-needed portable restroom services. The Parks &
Recreation Department utilizes several portable toilets annually throughout our
robust park system that has 34 parks and 12 restroom facilities. We supplement
the shortfall in restrooms with a contract that we renew every 3 years for
portable restroom services. These services are also used at various City-run
events. The City released an RFP for portable toilets on December 11th 2023
with bid opening in early February. Kerkstra Portable Restroom Service, Inc.
was the most competitively priced proposal based on anticipated usage.
Their price proposal is included for review. These costs are included in this
year's budget, and will also be budgeted properly in future fiscal years.
The two proposals, Kerkstra & United Rentals do not have the same fee format.
United Rentals has different prices for different locations as well as a different
pricing model for multiple cleanings. A few examples are listed below:
Pere Marquette - 2 Standard / 1 ADA Cleaned x2 per week
Kerkstra: $320 / $270
United Rental: $600 / $380
Sheldon Park - 1 Standard / 1 ADA Clean 1x per week
Kerkstra: $130 / $240
United Rental: $150 / $190
Kerkstra has shown to be dependable and has a track record of immediate
service for tipped / vandalized toilets, emergency cleaning calls and
relocations.
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AMOUNT REQUESTED: $40,000 (FY24-25)
FUND OR ACCOUNT: 101-770-801
STAFF RECOMMENDATION: Authorize staff to enter into a three-year contract
with Kerkstra Portable Restroom Service, Inc for as-needed portable restroom
services.
M. Pere Marquette Concession Application - Lazy Dazy Coffee DPW- Parks
The Parks Department has received an application from Lazy Dazy Coffee, LLC
to provide concession services at Pere Maruette Park. The fee for this service
would be $1,000 + 5% of gross receipts. The Parks Department has received an
application from Lazy Dazy Coffee, LLC to provide concession services in our
parks system. The requested location is Pere Marquette Park. The benefit for
the City of Muskegon would be additional revenue as the concession policy
states that vendors at this location would pay $1,000 + 5% of gross receipts. This
would be an annual contract, which is different from the brick & mortar 5-year
contract, as Lazy Dazy operates as a mobile food truck. This particular vendor
does provide a service that does not compete with current vendors at this park
(Beach Cove & The Deck) which makes it an appealing applicant to our park
experience.
Hours, specific location and frequency of operations has yet to be determined
as this application is pending approval.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Lazy
Dazy Coffee for concession services at Pere Marquette Park.
N. Fireworks Display Permit for Boys and Girls Club City Clerk
Night Magic Displays is requesting approval of a fireworks display permit for
Saturday, May 18, 2024 at Heritage Landing. The fire marshall will inspect the
fireworks on the day of the event.
STAFF RECOMMENDATION: Approve the fireworks display permit for Night Magic
Displays, contingent upon inspection of the fireworks and approval of the
insurance.
O. Amendment to the Zoning Ordinance - Chicken Coops Planning
Staff initiated request to amend Section 2311 (accessory structures) of the
zoning ordinance to set the regulations regarding chicken coops.
The Planning Commission unanimously recommended approval of the
amendment at their February meeting.
STAFF RECOMMENDATION: I move to approve the request to amend Section
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2311 (accessory structures) of the zoning ordinance to set the regulations
regarding chicken coops as proposed.
Q. Taste of Muskegon & Lakeshore Art Festival Liquor License Application
DPW- Parks
The Parks & Recreation Department is seeking commission approval to apply
for a special liquor license for beer, wine and spirit service at Taste of Muskegon
& Lakeshore Art Festival. The fee for this temporary license is $50 per event.
Taste summary: The Parks & Recreation Department is seeking commission
approval to apply for a special liquor license for beer, wine, and spirit service
for the Taste of Muskegon being held in Hackley Park on Friday, June 7, 2024
and Saturday, June 8, 2024. The temporary license fee for this event is $100.
LAF summary: The Parks & Recreation Department is seeking commission
approval to apply for a special liquor license for beer and wine service for the
Lakeshore Art Festival Artists’ Reception being held at the Greater Muskegon
Woman’s Club on Saturday, June 29, 2024. The temporary license fee for this
event is $50.
AMOUNT REQUESTED: $150
FUND OR ACCOUNT: Taste: 394-780-801 LAF: 394-778-801
STAFF RECOMMENDATION: Authorize Parks & Recreation staff to apply for a
special liquor license for the Lakeshore Art Festival & Taste of Muskegon.
R. Request for a DDA Liquor License at 500 Adelaide Circle Planning
The City Commission approved the resolution at the February 12 meeting.
However, the Michigan State Liquor Control Commission has requested that
the name of the company be listed the same way it is on their application to
the State, which is Muskegon Brewing Company Operations, LLC (Previously
listed as Muskegon Brewing Company).
Muskegon Brewing Company Operations, LLC is requesting a Downtown
Development Authority On-Premise Liquor License for the building at 500
Adelaide Circle. The Liquor Control Commission allows for additional liquor
licenses within Downtown Development Authority Districts under certain
conditions.
STAFF RECOMMENDATION: To approve the resolution granting the Muskegon
Brewing Company Operation, LLC a Downtown Development Liquor License.
S. Sale of 716 Leonard Avenue Planning
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Staff is requesting approval of a Purchase Agreement for 716 Leonard Avenue.
716 Leonard Avenue was constructed through the agreement with Rudy Briggs
to construct infill housing with ARPA funding. The offer is for full asking price,
$225,000, with no seller concessions.
STAFF RECOMMENDATION: To approve the Purchase Agreement for 716
Leonard Ave for $225,000 and authorize the Code Coordinator, Samantha
Pulos, to sign.
T. Sale of 438, 502, and 510 E Isabella Planning
Staff is seeking authorization to sell the City-owned vacant lots at 438, 502, and
510 E Isabella to Robert Muusse. Robert Muusse would like to purchase the City-
owned buildable lots at 438, 502, and 510 E Isabella for $9,000 (75% of the True
Cash Value of $12,000) plus half of the closing costs and the fee to register the
deed. Robert Muusse will be constructing a single-family home on each of the
properties.
STAFF RECOMMENDATION: Authorize the Code Coordinator to complete the
sale of 438, 502, and 510 E Isabella, as described in the attached purchase
agreement, and to have the Mayor and Clerk sign the purchase agreement.
U. Sale of 1311 Marquette Planning
Staff is seeking authorization to sell the City-owned vacant lot at 1311
Marquette to Lawaun Cunningham. Lawaun Cunningham would like to
purchase the City-owned buildable lot at 1311 Marquette for $6,000 (75% of
the True Cash Value of $8,000) plus half of the closing costs and the fee to
register the deed. Lawaun Cunningham will be constructing a single-family
home on the property.
STAFF RECOMMENDATION: Authorize the Code Coordinator to complete the
sale of 1311 Marquette, as described in the attached purchase agreement,
and to have the Mayor and Clerk sign the purchase agreement.
V. Sale of 1328 James Planning
Staff is seeking authorization to sell the City-owned vacant lot at 1328 James to
Aleschia Loughridge. Aleschia Loughridge would like to purchase the City-
owned buildable lot at 1328 James for $6,000 (75% of the True Cash Value of
$8,000) plus half of the closing costs and the fee to register the deed. Caleb
Schuyten will be constructing a single-family home on the property.
STAFF RECOMMENDATION: Authorize staff to sell the City-owned vacant lot at
1328 James to Aleschia Loughridge.
2024-24 REMOVED FROM CONSENT
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B. Contingent Assignment Agreement - Choice One Bank/Adelaide
Pointe Manager's Office
Choice One Bank, has asked the City to approve a Contingent Assignment
Agreement between the bank and AP. The agreement provides limited rights
to the bank for the use of the boat launch at Hartshorn (the same agreement
we have with AP). This agreement would only come into play if AP were to
default on its agreement with the bank. This ensures business operations can
continue.
Choice One Bank has asked the City to approve a Contingent Assignment
Agreement between itself and AP. The agreement provides limited rights to
Choice One Bank for using the boat launch at Hartshorn (the same agreement
we have with AP) to continue in/out boat operations. This agreement would
only come into play if AP defaulted on its agreement with Choice One Bank.
This is not confirming new operations options and is only an insurance policy for
the Bank that the City needs to be a party to for full effect.
City staff has agreed to this as it is simply an insurance policy for Choice One
Bank and does not materially change any of the operations, agreements, PUD,
etc... that are in place. Because it is an agreement the City would be a party
to, it needs to be approved by the Commission.
The City's legal counsel was party to the development of the agreement.
STAFF RECOMMENDATION: Approve the Contingent Assignment Agreement
between Choice One Bank and Adelaide Point and authorize the City
Manager to sign.
Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to approve
the Contingent Assignment Agreement between Choice One Bank and
Adelaide Point and authorize the City Manager to sign.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, German, and
Gorman
Nays: None
MOTION PASSES
C. Apple Avenue Utility Design Services Public Works
Staff requests approval to enter into a contract with Prein & Newhof in the
amount of $65,800 for design of utility improvements in Apple Avenue that will
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be included in MDOT's 2026 reconstruction of Apple.
MDOT is rebuilding Apple Avenue from downtown to US-31 in 2026. They have
offered that the City may include utility improvements within the project limits in
their contract, as long as the City pays for the improvements. The City will save
quite a bit of money by being included in the MDOT contract, as we only have
to pay for the specific utility work - none of the pavement costs, and a large
reduction in mobilization and other related costs. In order to take advantage
of the offer, the City needs to design the improvements to MDOT's standards
and on MDOT's timeline.
Due to their familiarity with the City's utility systems and standards, with MDOT's
design and construction requirements and staff, and with other area projects
such as a County force main project crossing Apple on a similar timeline, staff
solicited a proposal from Prein & Newhof to design the utility improvements.
Prein & Newhof has been assisting the City with capital planning efforts and
the state revolving loan fund projects, and was instrumental in helping the City
identify which portions of which utilities in Apple are in need of replacement.
Due to the timeline associated with the design, this expense will be budgeted
in the 2024-25 fiscal year. Any portions that fall in this current fiscal year will be
accommodated by existing budgeted line items. The cost of the actual
improvements will fall in fiscal years 2025-26 and 2026-27 and will be budgeted
appropriately at that time.
With Prein & Newhof's help, staff have identified the following improvements
that are planned for design and inclusion in MDOT's project:
• Replace water main from Muskegon Avenue to Jefferson Street.
• Replace water main from Getty to approximately 550 ft west of Getty.
• Replace sanitary sewer from Muskegon Avenue to Sanford Street.
• Replace sanitary sewer from Getty Avenue to approximately 550 ft west
of Getty Avenue.
• Replace sanitary sewer crossing at Spring Street.
• Replace north side sanitary sewer from Oak Grove to Creston, extend
laterals across to the south side to connect the south properties,
abandon the south side sanitary sewer.
AMOUNT REQUESTED: $65,800
FUND OR ACCOUNT: 590 (Sewer) and 591 (Water)
STAFF RECOMMENDATION: Approval for staff to enter into a contract with Prein
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& Newhof in the amount of $65,800 for design of utility improvements in Apple
Avenue.
Motion by Commissioner Kilgo, second by Commissioner German, to approve
for staff to enter into a contract with Prein & Newhof in the amount of $65,800
for design of utility improvements in Apple Avenue.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, Keener, and
German
Nays: None
MOTION PASSES
G. Neighborhood Enterprise Zone - 242 Viridian Shores Dr. Economic
Development
Staff is requesting the approval of a Neighborhood Enterprise Zone (NEZ) for 12
years for the new construction of a home at 242 Viridian Shores Dr.
An application for a Neighborhood Enterprise Zone (NEZ) certificate has been
received from Nancy Birge/William Shoemaker for the new construction of a
home at 242 Viridian Shores Dr. The cost of construction is approximately
$693,0000.00. The applicant has met local and state requirements for the
issuance of the NEZ certificate.
STAFF RECOMMENDATION: To approve the Neighborhood Enterprise Zone
certificate for 242 Viridian Shores Dr. for 12 years.
Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to approve
the Neighborhood Enterprise Zone certificate for 242 Viridian Shores Dr. for 12
years.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, Kilgo, and
Keener
Nays: None
MOTION PASSES
K. Muskegon Greenway Study Partnership DPW- Parks
Staff requests approval to contribute $50,000 in matching funds to WMSRDC
(the West Michigan Shoreline Regional Development Commission) & MCBC
(Muskegon County Bicycling Coalition) for a greenway study that will focus on
recreation in the urban core of the Muskegon area.
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MCBC & WMSRDC have requested $50,000 in matching funding for a study
that would develop a Muskegon greenway concept. The goal would be to
create a healthier Muskegon through a safer, more pedestrian-friendly
community. WMSRDC & MCBC have devoted funding for this partnership. We
are one of multiple municipalities they have contacted in the hopes of
creating a regional concept. A greenway concept would be pivotal for grant
acquisitions and likely lead to further funding as this plan would have a direct
impact on improved health & well-being for our community.
The proposed scope for this plan would include reviewing the Muskegon Lake
Greenway and its tributary corridors (including the Ryerson Creek corridor as
recommended in the City Master Plan). This aspect of the plan would consider
how the existing public spaces along the Muskegon Lakeshore Trail can be
better integrated to feel like a seamless experience for the user, to determine
whether brownfield properties along the route could be enhanced or
transformed into parkland, review amenities needs for a functional Greenway,
integrate the Greenway into the community and ensure equitable access, and
review any property needs to enhance the Greenway. Several other corridors
within the City would be reviewed as well, likely including the “Ambrosia”
corridor that has right of way owned by the State of Michigan, the “Keating”
corridor which was the subject of a recent Livability Lab project, and a
connector corridor from Beach Street and Kruse Park through Dune Harbor
Park to Norton Shores.
The planning process will include extensive public engagement and will
produce high-quality renderings of proposed greenway corridors that will
illustrate what these facilities would be like for the public, staff, and policy-
makers. This would take the trail routes identified in the City Master Plan to
another level of planning and design and ensure that they function within a
great network of trails outside City limits.
This process would be complementary to parks plans underway or under
consideration such as Richards Park, McGraft Park, Kruse Park, and Hartshorn
Park. It would also build off the Muskegon Lakeshore Chamber’s plan for the
waterfront area in downtown Muskegon.
The City budgeted funds in this current fiscal year for Parks & Recreation master
planning efforts and this study fits into that criteria. The goal would be to kick-
off the study in late Spring or early Summer.
AMOUNT REQUESTED: $50,000
FUND OR ACCOUNT: 445-901-971
STAFF RECOMMENDATION: Authorize staff to provide $50,000 in matching funds
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to WMSRDC and MCBC to enter into a Greenway Study with other partner
agencies.
Motion by Commissioner German, second by Commissioner Keener, to
authorize staff to provide $50,000 in matching funds to WMSRDC and MCBC to
enter into a Greenway Study with other partner agencies.
ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, Johnson, and
Kilgo
Nays: None
MOTION PASSES
L. Amendment to the Zoning Ordinance - Door Transparency Planning
Staff initiated request to amend Article XX, Sections 2006.12, 2006.14, 2006.15,
2006.16, and 2006.17 of the zoning ordinance to eliminate the entry door
transparency requirements for certain building types.
The Planning Commission unanimously recommended approval of the request
at their February meeting.
STAFF RECOMMENDATION: I move to amend Article XX, Sections 2006.12,
2006.14, 2006.15, 2006.16, and 2006.17 of the zoning ordinance to eliminate the
entry door transparency requirements for certain building types as presented.
Motion by Commissioner German, second by Commissioner Keener, to amend
Article XX, Sections 2006.12, 2006.14, 2006.15, 2006.16, and 2006.17 of the
zoning ordinance to eliminate the entry door transparency requirements for
certain building types as presented.
ROLL VOTE: Ayes: Kilgo, Keener, German, Gorman, Kochin, St.Clair, and
Johnson
Nays: None
MOTION PASSES
P. Request to amend the Planned Unit Development at 1148 & 1204 W
Western Ave (Adelaide Point). Planning
Request for the 4th amendment to the PUD at Adelaide Point. The Planning
Commission unanimously recommended approval of the request at their
February meeting with the following conditions:
1. More details, including a landscaping plan, shall be included for the
proposed median on Adelaide Blvd.
2. The parking configuration does not change from previously presented
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3rd amendment for the AP PUD plan.
3. An application for an elevated bike path be submitted to EGLE.
STAFF RECOMMENDATION: To approve the request to amend the Planned Unit
Development at 1148 & 1204 W Western Ave with the following conditions:
1. More details, including a landscaping plan, shall be included for the
proposed median on Adelaide Blvd and approved by staff.
2. The parking configuration does not change from previously presented 3rd
amendment for the AP PUD plan. A revised site plan showing no changes in
the parking configuration shall be approved by staff.
3. An application for an elevated bike path be submitted to EGLE.
1st MOTION WITH AMENDMENT FROM 3RD MOTION:
Motion by Commissioner German, second by Commissioner Kilgo, to approve
the request to amend the Planned Unit Development at 1148 & 1204 W Western
Ave with the following conditions:
1. More details, including a landscaping plan, shall be included for the
proposed median on Adelaide Blvd and approved by staff.
2. The parking configuration does not change from previously presented 3rd
amendment for the AP PUD plan. A revised site plan showing no changes in the
parking configuration shall be approved by staff.
3. An application for an elevated bike path be submitted to EGLE.
-ADDITIONAL CONDITIONS FROM 3RD MOTION (MOTION TO AMEND)
4. M3 to be removed from southwest corner.
5. No fuel storage farm without the proper permits from state and federal
agencies and no work to be done until proper state and federal permits are
issued.
6. M2 to be shortened by half of proposed length, reduction being inward.
7. Changes to R1 (condo building) are not approved as the change was not
called out onthe amendment and is not consistent with the mors recent
approval.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, Gorman, and St.Clair
Nays: German and Kochin
MOTION PASSES
2nd Motion
Motion by Commissioner German, second by Commissioner Kochin, to table
this item until the next regularly scheduled meeting immediately following
state review of currently pending dock permit.
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ROLL VOTE: Ayes: Keener, German, and Kochin
Nays: St.Clair, Johnson, Kilgo, and Gorman
MOTION FAILS
3rd Motion
Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to amend the
motion to approve the request to amend the Planned Unit Development (4th
Amendment) at 1148 & 1204 W. Western to include the following additonal
conditions:
1. M3 to be removed from southwest corner.
2. No fuel storage farm without the proper permits from state and federal
agencies and no work to be done until proper state and federal permits are
issued.
3. M2 to be shortened by half of proposed length, reduction being inward.
4. Changes to R1 (condo building) are not approved as the change was not
called out onthe amendment and is not consistent with the mors recent
approval.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, and Gorman
Nays: Kochin and German
MOTION PASSES
2024-25 PUBLIC HEARINGS
A. Recommendation of Annual Renewal of Liquor Licenses City Clerk
To adopt a resolution recommending the State withhold renewal of those
liquor license establishments who are in violation of Section 50-146 and 50-147
of the Code of Ordinances for the City of Muskegon. These establishments
have been found to be in non-compliance with the City Code of Ordinances
and renewal of their liquor licenses should not be recommended by the City
Commission. If any of these establishments come into compliance by March
21, 2024, they will be removed from this resolution, and recommendation for
their renewal will be forwarded to the Liquor Control Commission.
STAFF RECOMMENDATION: Adopt the resolution.
Motion by Vice Mayor St.Clair, second by Commissioner Gorman, to close the
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public hearing and adopt the resolution.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, Keener, and
German
Nays: None
MOTION PASSES
2024-26 NEW BUSINESS
A. Short Term Rental Enforcement & Handbook Updates Public Safety
Staff is requesting approval of the Short Term Rental Enforcement and
Handbook updates.
In 2023, the city started to engage with residents and Short Term Rental owners
through in-person workshops and online surveys to collect feedback and learn
more about issues regarding Short-Term Rentals in our community. With this
engagement, new enforcement actions were created and the Short-Term
Rental handbook for short-term rentals owners has been updated. In 2023, the
city started to engage with residents and Short Term Rental owners through in-
person workshops and online surveys to collect feedback and learn more
about issues regarding Short-Term Rentals in our community. With this
engagement, new enforcement actions were created and the Short-Term
Rental handbook for short-term rentals owners has been updated.
STAFF RECOMMENDATION: Move to approve the updated short term rental
enforcement and handbook.
Motion by Commissioner Gorman, second by Commissioner Keener, to
approve the updated short term rental enforcement and handbook and to
add language that parking in front of a fire hydrant is prohibited.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, Kilgo, and
Keener
Nays: None
MOTION PASSES
B. New Short Term Rental Registration Temporary Pause Manager's Office
A resolution to consider a targeted short-term rental registration pause on new
short-term rental registrations for 180 days.
The City has been examining STRs since the Spring of 2023. It is a complex issue
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with many strong feelings and ideas on both sides of the debate. Following
several public engagements, further research, and taking into account
potential state action on this topic, it is being recommended that the City of
Muskegon institute a temporary pause in the registration of new short-term
vacation rentals in residential zoning districts outside the DDA.
The temporary registration pause would not impact existing STRs anywhere in
the city and would only be for the registration of new STRs within residential
districts of the City. The City would still allow new STRs to be registered in the
DDA District and within the City's business districts. Additionally, staff will institute
an appeal and review process for property owners in residential districts that
have engaged in significant economic activity to improve a property for STR
purposes. Staff will use that criteria to determine if a property owner can be
issued an STR permit during the temporary registration pause. Additionally, if
the permit is denied by staff, the property owner can appeal the denial to the
City Commission.
The temporary registration pause will last 180 Days. It is necessary for the City to
analyze and potentially address short-term vacation rentals' impact on the
public health, safety, and welfare in these residential neighborhoods.
To allow the city time to analyze and address STRs' impacts within the
community, staff recommends a pause in new STR registrations. Provisions of
the temporary pause would be as follows:
- Continue for 180 days (expiring on September 8, 2024);
- If needed, the pause may be extended for 180 days;
- Pause may end before the initial period if initiated by the City Commission;
- Applies only to residential zoning districts in the City outside the DDA (the
pause does not apply to the DDA or business districts);
- Applies only to new STR applications (does not bar current STR permit holders
from renewing);
- An appeal and review process will be in place for individuals aggrieved by
the registration pause.The City has been examining STRs since the Spring of
2023. It is a complex issue with many strong feelings and ideas on both sides of
the debate. Following several public engagements, further research, and
taking into account potential state action on this topic, it is being
recommended that the City of Muskegon institute a temporary pause in the
registration of new short-term vacation rentals in residential zoning districts
outside the DDA.
The temporary registration pause would not impact existing STRs anywhere in
the city and would only be for the registration of new STRs within residential
districts of the City. The City would still allow new STRs to be registered in the
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DDA District and within the City's business districts. Additionally, staff will institute
an appeal and review process for property owners in residential districts that
have engaged in significant economic activity to improve a property for STR
purposes. Staff will use that criteria to determine if a property owner can be
issued an STR permit during the temporary registration pause. Additionally, if
the permit is denied by staff, the property owner can appeal the denial to the
City Commission.
The temporary registration pause will last 180 Days. It is necessary for the City to
analyze and potentially address short-term vacation rentals' impact on the
public health, safety, and welfare in these residential neighborhoods.
To allow the city time to analyze and address STRs' impacts within the
community, staff recommends a pause in new STR registrations. Provisions of
the temporary pause would be as follows:
- Continue for 180 days (expiring on September 8, 2024);
- If needed, the pause may be extended for 180 days;
- Pause may end before the initial period if initiated by the City Commission;
- Applies only to residential zoning districts in the City outside the DDA (the
pause does not apply to the DDA or business districts);
- Applies only to new STR applications (does not bar current STR permit holders
from renewing);
- An appeal and review process will be in place for individuals aggrieved by
the registration pause.
STAFF RECOMMENDATION: Approve the resolution temporarily suspending the
registration of new short-term vacation rentals in certain residential zoning
districts.
Motion by Commissioner Keener, second by Commissioner German, to
approve the resolution temporarily suspending the registration of new short-
term vacation rentals in certain residential zoning districts.
ROLL VOTE: Ayes: Keener, German, Kochin, St.Clair, and Johnson
Nays: Gorman and Kilgo
MOTION PASSES
ANY OTHER BUSINESS
Vice Mayor St. Clair announced that there are a good amount of vacancies
on our boards and committees and encourages citizens to apply.
PUBLIC COMMENT ON NON-AGENDA ITEMS
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Public comments received.
2024-27 CLOSED SESSION
A. Attorney/Client privileged communication Manager's Office
Going into closed session to discuss a legal matter.
Motion by Vice Mayor St.Clair, second by Commissioner German, to enter into
closed session to consider material exempt from discussion and disclosure by
state or federal statute being, an attorney client communication.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Gorman, Kochin, St.Clair
Nays: None
MOTION PASSES
ADJOURNMENT
Motion by Vice Mayor St.Clair, second by Commissioner Keener, to come out
of closed session and adjourn at 11:05 p.m.
MOTION PASSES
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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