City Commission Packet 07-12-2011

View the PDF version Google Docs PDF Viewer

  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                        JULY 12, 2011
 CITY COMMISSION CHAMBERS @ 5:30 P.M.
                           AGENDA

CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
  A. Recognition of Neighborhood Associations for Bicycle Equipment
     Donation.
  B. Social Justice Commission of Muskegon County.
  C. Honorary Ambassador Award.
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
  A. Approval of Minutes. CITY CLERK
  B. SECOND READING: Rezoning Request for the Property Located at 1753
     Madison Street. PLANNING & ECONOMIC DEVELOPMENT
  C. SECOND READING: Rezoning Request for the Property Located at 2010
     S. Getty Street. PLANNING & ECONOMIC DEVELOPMENT
  D. Consideration of Bids: Interior Painting of the Roberts and Marshall
     Elevated Tanks (W-730). ENGINEERING
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
ANY OTHER BUSINESS:
PUBLIC PARTICIPATION:
   Reminder: Individuals who would like to address the City Commission shall do the following:
   Fill out a request to speak form attached to the agenda or located in the back of the room.
    Submit the form to the City Clerk.
   Be recognized by the Chair.
   Step forward to the microphone.
   State name and address.
   Limit of 3 minutes to address the Commission.
   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

   CLOSED SESSION:
   ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD:
(231) 724-4172.
Date:     July 12, 2011
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Becker, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST:             To approve minutes of the City
Commission Meeting that was held on Tuesday, June 28, 2011.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                        JUNE 28, 2011
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                               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, June 28, 2011.
Mayor Warmington opened the meeting with a prayer from Vice Mayor Gawron
after which the Commission and public recited the Pledge of Allegiance to the
Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Chris Carter, Lawrence Spataro, and Steve Wisneski, City
Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Ann Marie
Becker.
Absent: Commissioners Clara Shepherd and Sue Wierengo (both excused)
2011-44 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the June 13th Commission
Worksession Meeting and the June 14th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
     B. 2011 Water Treatment Chemical Bids. WATER FILTRATION
SUMMARY OF REQUEST: Endorse the lowest responsible bidders to supply
aluminum sulfate, powdered activated carbon, sodium hypochlorite, and
fluoride for the water filtration plant.
FINANCIAL IMPACT: Annual cost of $205,700 (based on average annual water
pumped to mains).
BUDGET ACTION REQUIRED: None at this time. These chemicals are budgeted
annually.
STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission
endorse the low bids received and the contract renewal and enter into
contracts with USALCO, Alexander Chemical, Standard Carbon and Key
Chemical for aluminum sulfate, sodium hypochlorite, powdered activated
carbon and fluoride respectively.
      C. Ryerson Creek Fish Passage – Culverts Replacement at Muskegon and
         Eastern (H-1673). ENGINEERING
SUMMARY OF REQUEST: Authorize staff to process payments to WMSRDC as per
our financial commitment for the culverts replacement under Muskegon and
Yuba by Eastern Avenue. WMSRDC solicited public bids and Jackson Merkey
was the successful bidder with a bid price of $1,697,081.10. The City’s
commitment was for the following:
      1. $40,000 from Major Street Fund (2011/2012 budget)
      2. $40,000 grant the City received from Community Foundation for
         Muskegon County
      3. $27,446 grant the City received from the Ice Mountain
FINANCIAL IMPACT: $107,446 is the City’s total share.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to process payments to WMSRDC.
      D. Consideration of Bids – Mason Avenue, Sixth to Fifth (H-1677).
         ENGINEERING
SUMMARY OF REQUEST: Award the above-referenced project to Accurate
Excavators out of Muskegon, MI. Accurate Excavators submitted the lowest
responsible bid of $137,373.
FINANCIAL IMPACT: The construction cost of $137,373 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Accurate Excavators.
      E. Fireworks Display Permit for Muskegon Country Club. CITY CLERK
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting approval of a
fireworks display permit for July 4, 2011, at the Muskegon Country Club, 2801
Lakeshore Drive. Fire Marshall Metcalf will inspect the fireworks on the day of the
event.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
      F. Fireworks Display Permit for Muskegon Summer Celebration.            CITY
         CLERK
SUMMARY OF REQUEST: American Fireworks is requesting approval of a fireworks
display permit for July 4th at the Muskegon Summer Celebration. Fire Marshall
Metcalf has reviewed the request and recommends approval contingent on
inspection of the fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
      G. Rezoning Request for the Property Located at 1753 Madison Street.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property at 1753 Madison Street
from I-2, General Industrial to B-4, General Business District, by Kurt Dykman, JNJ
Discounts. The applicant would like to move his growing retail business to this
location.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the rezoning.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their June 16th meeting.
(REQUIRES SECOND READING)
      H. Rezoning Request for the Property Located at 2010 S. Getty Street.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property at 2010 S. Getty from I-1,
Light Industrial to B-4, General Business District, by Michael Vasquez. The
applicant would like to open an auto dealership at this location.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the rezoning.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their June 16th meeting.
(REQUIRES SECOND READING)
      J. De-Energize 27 Street Lights in the Downtown Area. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with
Consumers Energy to de-energize 27 lights in the downtown area bounded by
Fourth, Muskegon, Western, and Seventh. Those lights include the lights known
as the Heritage Association lights and the rest are within alleys.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To authorize staff to enter into an agreement with
Consumers Energy to de-energize 27 lights in the downtown area.
      K. Accept Resignations from the Citizen’s District Council and the Citizen’s
         Police Review Board. CITY CLERK
SUMMARY OF REQUEST: To accept the recommendation from the Community
Relations Committee made at their meeting held on June 13, 2011, to accept
the resignations of Rasheedah Gillespie-Muhammad from the Citizen’s District
Council and Barbara Kuipers from the Citizen’s Police Review Board.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Community Relations Committee
recommendations.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the Consent Agenda as presented minus item I.
ROLL VOTE: Ayes: Carter, Gawron, Spataro, Warmington, and Wisneski
            Nays: None
MOTION PASSES
2011-45 ITEM REMOVED FROM THE CONSENT AGENDA:
      I. Lighting Improvement at LC Walker Arena. FINANCE
SUMMARY OF REQUEST: The arena manager would like to re-light the arena floor
by replacing the existing halide lights with energy-efficient fluorescent light
fixtures. The lighting improvements will greatly improve the amount of lighting in
the arena and give the arena ice surface NHL-quality lighting.
FINANCIAL IMPACT: $40,280 cost to be fully reimbursed by a contribution from
Logger Hockey, Inc. These are improvements to the building and will reduce the
arena’s annual operating costs.
BUDGET ACTION REQUIRED: Amend the 2011-12 Arena Improvement Budget
(408) to reflect the additional revenues and expenditures.
STAFF RECOMMENDATION: Approval of contract with Fredrickson Electric
(Spring Lake) to install the new arena lighting fixtures.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the contract with Fredrickson Electric to install the new arena lighting fixtures.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, Wisneski, and Carter
            Nays: None
MOTION PASSES
2011-46 PUBLIC HEARINGS:
      A. Request for an Industrial Facilities Exemption Certificate for Ameriform
         Inc. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Ameriform Inc., 1790 Sun Dolphin, has requested the issuance of an Industrial
Facilities Exemption Certificate for the property located at 1770 E. Keating
Avenue. The total capital investment is $2,000,000 with $1,700,000 in personal
property and $300,000 in real property. They are proposing the addition of 12-15
jobs with this investment. This request qualifies Ameriform Inc. for a term of 12
years for real property and 8 years for personal property.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of 12 years for real property and 8
years for personal property.
The Public Hearing opened to hear and consider any comments from the
public. Daniel Harris, 1040 Randolph, commented on his request.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing and approve the request for the Industrial Facilities Exemption
Certificate for Ameriform Inc.
ROLL VOTE: Ayes: Spataro, Warmington, Wisneski, Carter, and Gawron
            Nays: None
MOTION PASSES
2011-47 NEW BUSINESS:
      A. Special Event Request – Muskegon Bike Time Events Inc. (Annual
         Event). PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Muskegon Bike Time Events Inc. has filed a special event
application for the annual Bike Time festival in downtown Muskegon to be held
July 15, 16, and 17, 2011. They have requested the waiver of some City
equipment rental fees. They have also requested to use their own labor pool
rather than City employees whenever possible (as they have done in past
years).
Bike Time would also like permission to close certain street intersections in the
downtown area one day earlier than allowed in the special event policy, so that
they can work on event/tent set-up. They would like to close the intersections
starting at 6:00 p.m. on Wednesday evening, July 13 (instead of waiting till
Thursday evening, July 14).
FINANCIAL IMPACT: Request that equipment rental fees be waived. In
exchange, Bike Time will provide a pre-negotiated amount of beverage tent
wristbands. The exchange will be coordinated with the City Manager.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: It is recommended that staff be allowed to make
the final decision regarding rental fees, actual costs, and/or exchange of
wristbands, to be coordinated through the City Manager. In addition, staff
recommends that if Bike Time picks up items such as picnic tables, bleachers,
and trash cans for distribution at the proper locations, there will be no
equipment rental charge to Bike Time. This must first be approved by and
coordinated through City staff. It is also recommended that City staff review
staffing levels for City personnel with the Bike Time staff, with the City making the
final decision on the number of City staff needed for the event. These
recommendations follow what was done for the 2009 event.
Regarding street closures, staff recommends approval with the condition that
Bike Time notify affected downtown businesses of the dates and times of street
closures and the date and time that No Parking restrictions go into effect on
those streets.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the request for the Muskegon Bike Time event as described.
ROLL VOTE: Ayes: Spataro, Warmington, Wisneski, Carter, and Gawron
             Nays: None
MOTION PASSES
      B. Harbor 31 (Smartzone) Brownfield Loan. CITY MANAGER
REMOVED PER APPLICANT REQUEST.
      C. Gaming License Request from Muskegon-Oceana Community Action
         Partnership, Inc. CITY CLERK
SUMMARY OF REQUEST: MOCAP, 1170 W. Southern Avenue, Muskegon, is
requesting a resolution recognizing them as a non-profit organization operating
in the City for the purpose of obtaining a Gaming License. They have been
recognized as a 501(c)(3) organization by the State.
They are partnering with DTE (one of the Summer Celebration sponsors) to hold
a raffle where the proceeds will benefit their clients that need assistance with
their heating bills.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Gaming License request for Muskegon-Oceana Community Action Partnership,
Inc.
ROLL VOTE: Ayes: Warmington, Wisneski, Carter, Gawron, and Spataro
           Nays: None
MOTION PASSES
     D. Fireworks Display Permit for West Michigan Burnerz. CITY CLERK
SUMMARY OF REQUEST: West Michigan Burnerz is requesting approval of a
fireworks display permit for July 8th for an event at the Muskegon Summer
Celebration.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks
and approval of the insurance.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
fireworks display for West Michigan Burnerz contingent on inspection of the
fireworks and approval of the insurance.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Spataro, and Warmington
           Nays: None
MOTION PASSES
     E. Concurrence with the Housing Board of Appeals Notice and Order to
        Demolish the Following: PUBLIC SAFETY
        1358 Arthur Street
        657 Allen Avenue (Garage)
        540 Creston Street
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 30 days. It
is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:       To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 1358 Arthur, 657
Allen (garage only), and 540 Creston.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Spataro, and Warmington
           Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Spataro asked that civil infraction fees be
discussed at the next Worksession Meeting.
ADJOURNMENT: The City Commission Meeting adjourned at 5:55 p.m.


                                        Respectfully submitted,




                                        Ann Marie Becker, MMC
                                        City Clerk
Date:        July 6, 2011
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Rezoning request for the property located at 1753 Madison
             St


SUMMARY OF REQUEST:

Request to rezone the property at 1753 Madison St from I-2, General Industrial to B-
4, General Business District, by Kurt Dykman, JNJ Discounts. The applicant would
like to move his growing retail business to this location.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the rezoning.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 6/16
meeting.




                                                                                  1
Staff report excerpt:


Hearing; Case 2011- 07: Request to rezone the property at 1753 Madison St
from 1-2, General Industrial District to B-4, General Business District by Kurt
Dykman.

BACKGROUND

Applicant:                    Kurt Dykman, JNJ Discount

Property Address/Location: 1753 Madison St

Zoning:                       I-2

Request:                      Rezoning to B-4

Present Land Use:             Mostly Vacant / Office / Storage



STAFF OBSERVATIONS
  1.   Kurt Dykman, owner of JNJ Discount, would like to move his growing
       business at 911 W Laketon Ave to a larger building. JNJ Discount is a
       retail business that specializes in discount items including new and
       used goods. This type of business must be located in a B-4 zone.
  2.   The property at 1753 Madison St encompasses 4.2 acres and contains
       three separate buildings. The main building facing Laketon Ave is
       roughly 16,500 SF and is currently vacant. JNJ Discount would
       occupy this building, which would host a show room and storage
       space. The smaller building to the north-east is roughly 4,200 SF and
       is currently occupied by a small office business who plans on staying
       regardless of the zone change and relocation of JNJ Discount. The
       building on the northern edge of the property is roughly 4,700 SF and
       is being rented out for storage. It would continue to be rented as
       storage after a rezoning as well.
  3.   The property is located just east of the Laketon Ave exit off US-31.
       Port City Industrial Center is located just west of the exit. The
       property abuts R-1 Single Family Residential Districts to the north,
       east and southwest.
  4.   There is adequate parking and the applicant has agreed to stripe the
       parking spaces.
  5.   John Hughes, who owns many properties around 1753 Madison and
       was notified of the rezoning request, is in favor of bringing more retail
       off of the US-31 exit. Staff did not receive comments from any other
       citizens on this request.

                                                                                  2
1753 Madison




 Aerial Map




Zoning Map




               3
                             CITY OF MUSKEGON

                          MUSKEGON COUNTY, MICHIGAN

                             ORDINANCE NO.

An ordinance to amend the zoning map of the City to provide for a zone change for
a property from I-2, General Industrial District to B-4, General Business District.

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 the
following described property from I-2, General Industrial District to B-4, General
Business District:


CITY OF MUSKEGON SEC 28 T10N R16W PT OF SD SEC COM AT INTER E LN PM RR R/W AND
S LN OF AURORA AVE TH E 246.5 FT TH S 150 FT TH E 344.7 FT TH S 99 FT TH E 132 FT TH S 14
 FT TH W 132 FT TH S 99.55 FT TH E 132 FT TH S 230 FT M/L TO E LN OF PM RR R/W TH NWLY
   ALG SD R/W LN 920 FT M/L TO POB ALSO INCL THAT PART OF S 1/2 OF SW 1/4 OF SW 1/4
   DESC AS ENTIRE 100 FT CSX RR ROW LYING 50 FT EITHER SIDE FROM C/L OF TRACKS
ACROSS SD S 1/2 OF SW 1/4 OF SW 1/4 EXC THEREFROM THE WLY 1/2 (50 FT) OF SD RR ROW
  LYING N OF A LINE 419.09 FT N OF S LINE SD SEC ALSO EXC THEREFROM THAT PART OF
           100 FT RR ROW LING S OF A LINE WHICH IS 66 FT N OF S LINE SD SEC


This ordinance adopted:

Ayes:

Nayes:

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                   CITY OF MUSKEGON

                                                   By: __________________________
                                                          Ann Marie Becker, MMC
                                                          City Clerk




                                                                                       4
            CERTIFICATE        (Rezoning of 1753 Madison St from I-2 to B-4)

        The undersigned, being the duly qualified clerk of the City of Muskegon,
Muskegon County, Michigan, does hereby certify that the foregoing is a true and
complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commission on the 12th day of July, 2011, 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 2008, and
that minutes were kept and will be or have been made available as required thereby.

DATED: ___________________, 2011.             ________________________________
                                              Ann Marie Becker, 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 July 12, 2011, the City Commission of the City of Muskegon
         adopted an ordinance amending the zoning map to provide for the change of zoning for
         the property from to I-2, “General Industrial District” to B-4 “General Business District”:

                  CITY OF MUSKEGON SEC 28 T10N R16W PT OF SD SEC COM AT INTER E LN PM RR
                  R/W AND S LN OF AURORA AVE TH E 246.5 FT TH S 150 FT TH E 344.7 FT TH S 99 FT
                  TH E 132 FT TH S 14 FT TH W 132 FT TH S 99.55 FT TH E 132 FT TH S 230 FT M/L TO E
                  LN OF PM RR R/W TH NWLY ALG SD R/W LN 920 FT M/L TO POB ALSO INCL THAT
                  PART OF S 1/2 OF SW 1/4 OF SW 1/4 DESC AS ENTIRE 100 FT CSX RR ROW LYING 50
                  FT EITHER SIDE FROM C/L OF TRACKS ACROSS SD S 1/2 OF SW 1/4 OF SW 1/4 EXC
                  THEREFROM THE WLY 1/2 (50 FT) OF SD RR ROW LYING N OF A LINE 419.09 FT N OF
                  S LINE SD SEC ALSO EXC THEREFROM THAT PART OF 100 FT RR ROW LING S OF A
                  LINE WHICH IS 66 FT N OF S LINE SD SEC

         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 ____________________, 2011                           CITY OF MUSKEGON

                                                                        By ___________________________
                                                                              Ann Marie Becker, MMC
                                                                              City Clerk

---------------------------------------------------------------------------------------------------------------------

PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.

Account No. 101-80400-5354




                                                                                                                   6
Date:        July 6, 2011
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Rezoning request for the property located at 2010 S Getty
             St


SUMMARY OF REQUEST:

Request to rezone the property at 2010 S Getty St from I-1, Light Industrial to B-4,
General Business District, by Michael Vasquez. The applicant would like to open a
auto dealership at this location

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the rezoning.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 6/16
meeting.




                                                                                  1
Staff report excerpt:


BACKGROUND

Applicant:                   Michael Vasquez

Property Address/Location: 2010 S Getty St

Zoning:                      I-1

Request:                     Rezoning to B-4

Present Land Use:            Wheelchair / Medical Transportation




STAFF OBSERVATIONS
   1. The applicant would like to rezone the property to a B-4, General Business
      District so that he may apply for a Special Use Permit to have automobile
      sales.
   2. The property is zoned I-1, Light Industrial; however, it has been used in
      the past as a car dealership as a legal non-conforming use. However, the
      legal non-conforming use has been abandoned for more than two years,
      therefore, that use is no longer allowed.
   3. The parcel is roughly 16,652 SF (0.38 acres). B-4 districts require a
      minimum parcel size of 10,890 SF.
   4. There are three other car dealerships within a half mile of this parcel, two
      of them are in Muskegon and one is in Muskegon Heights.
   5. The parcels to the north are zoned B-4, General Business District and the
      parcels to the south are zoned I-1, Light Industrial District. Medendorp
      Industrial Park is also located to the south.




                                                                                     2
2010 S Getty St




 Aerial Map




 Zoning Map




                  3
                             CITY OF MUSKEGON

                          MUSKEGON COUNTY, MICHIGAN

                             ORDINANCE NO.

An ordinance to amend the zoning map of the City to provide for a zone change for
 a property from I-1, Light Industrial District to B-4, General Business District.

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 the
following described property from I-1, Light Industrial District to B-4, General Business
District:
CITY OF MUSKEGON SEC 33 T10N R16W PRT OF SW 1/4 OF NW 1/4 SD SEC COM @ PT ON E
SD OF GETTY AVE 60 FT S OF SW COR BLK 7 OF CONTINENTAL ADD TH E PAR WITH
CENTRAL AVE OF SD ADD 272 FT TO W LN OF CONTINENTAL AVE IF EXTND S TH S TO
CONSUMERS POWER CO ROW TH NWLY ALG SD ROW TO PN S OF BEG TH N TO POB


This ordinance adopted:

Ayes:

Nayes:

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                    CITY OF MUSKEGON

                                                    By: __________________________
                                                           Ann Marie Becker, MMC
                                                           City Clerk




                                                                                        4
            CERTIFICATE (Rezoning of 2010 S Getty St from I-1 to B-4)

        The undersigned, being the duly qualified clerk of the City of Muskegon,
Muskegon County, Michigan, does hereby certify that the foregoing is a true and
complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commission on the 12th day of July, 2011, 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 2008, and
that minutes were kept and will be or have been made available as required thereby.

DATED: ___________________, 2011.             ________________________________
                                              Ann Marie Becker, 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 July 12, 2011, the City Commission of the City of Muskegon
         adopted an ordinance amending the zoning map to provide for the change of zoning for
         the property from to I-2, “General Industrial District” to B-4 “General Business District”:
         CITY OF MUSKEGON SEC 33 T10N R16W PRT OF SW 1/4 OF NW 1/4 SD SEC COM @ PT ON E
         SD OF GETTY AVE 60 FT S OF SW COR BLK 7 OF CONTINENTAL ADD TH E PAR WITH
         CENTRAL AVE OF SD ADD 272 FT TO W LN OF CONTINENTAL AVE IF EXTND S TH S TO
         CONSUMERS POWER CO ROW TH NWLY ALG SD ROW TO PN S OF BEG TH N TO POB

         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 ____________________, 2011                           CITY OF MUSKEGON

                                                                        By ___________________________
                                                                              Ann Marie Becker, MMC
                                                                              City Clerk

---------------------------------------------------------------------------------------------------------------------

PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.

Account No. 101-80400-5354




                                                                                                                   6
Date:        July 12, 2011

To:          Honorable Mayor and City Commissioners

From:        Engineering

RE:          Consideration of Bids
             Interior Painting of the Roberts and Marshall
             Elevated Tanks (W-730)
________________________________________________________________________

SUMMARY OF REQUEST:

Award the above referenced project to M.K. Painting, Inc. out of Wyandotte, MI.
M.K. Painting, Inc. submitted the lowest responsible bid of $167,000. (See
attached bid tabulation).

FINANCIAL IMPACT:
The contract cost of $167,000.00

BUDGET ACTION REQUIRED:
None

STAFF RECOMMENDATION:
Award the contract to M.K. Painting, Inc.

COMMITTEE RECOMMENDATION:

Top of Page