City Commission Packet 01-10-2006

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      CITY OF MUSKEGON
        CITY COMMISSION MEETING
                       JANUARY 10, 2006
     CITY COMMISSION CHAMBERS@ 5:30P.M.
                               AGENDA

o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
      A. 22nd Annual Night Out. PUBLIC SAFETY
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
      B. Appointment to Muskegon Housing Commission. CITY MANAGER
      C. FIRST READING: Rezoning Request for Property Located at 65 W.
         Laketon Avenue. PLANNING & ECONOMIC DEVELOPMENT
      D. Vacation of the East/West Alley in Block 203 of the City of Muskegon
         Revised Plat of 1903. PLANNING & ECONOMIC DEVELOPMENT
      E. Vacation of a Portion of East Western Avenue.         PLANNING &
         ECONOMIC DEVELOPMENT
o   PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
      A. Clerical/Technical Union Tentative Agreements.      ASSISTANT CITY
         MANAGER
      B. FIRST READING: Zoning Ordinance Amendment for Outdoor Solid Fuel
         Heating Appliances. PLANNING & ECONOMIC DEVELOPMENT
          C. FIRST READING: Zoning Ordinance Amendment to Article II (Definitions)
             of the Zoning Ordinance. PLANNING & ECONOMIC DEVELOPMENT
           D. Extending the Deadline for Taking Action on Proposed Mall Historic
              District. PLANNING & ECONOMIC DEVELOPMENT DEPARTMENT
           E. Release of Funds and Certification for U.S. Department of Housing and
              Urban Development. CITY MANAGER
o ANY OTHER BUSINESS:
o 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.
l>     Submit the torm 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.)

o CLOSED SESSION: To discuss pending litigation.
o 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 GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml49440 OR BY CALLING (231) 724-6705 OR TOO: (231)
724-4172.




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                             CERTIFICATE OF RECOGNITION


    WHEREAS, Muskegon has been selected as a National Award Winner for its outstanding
    participation in the 22nd Annual National Night Out crime, drug and violence prevention
    program; and

    WHEREAS, Muskegon was one of 186 commumtles in 5 population categories to be
    recognized with a National Night Out Award out of more than 10,000 participating communities;
    and

    WHEREAS, the Neighborhood Associations of Muskegon, Consumers Energy and Target Stores
    assisted in promoting this event of uniting police and community to heighten crime and drug
    prevention awareness, generate support for and participation in local anticrime programs,
    strengthen neighborhood spirit and police-community partnerships and send a message to
    criminals letting them know that neighborhoods are organized and fighting back; and

    WHEREAS, the benefits our community derives from National Night Out has certainly extended
    well beyond the one night, and

    WHEREAS, the Sheldon Park, McLaughlin, Oakview, Marsh Field, Angell and Nims
    Neighborhood Associations and the East Muskegon Neighborhood Alliance held special events
    for National Night Out 2005 to bring their residents together to get to know each other and show
    their solidarity in working to eliminate crime and better their communities.

    NOW, THEREFORE BE IT RESOLVED THAT, I, Stephen Warmington, by virtue of the
    authority vested in me as Mayor and speaking on behalf of the entire City Commission and all
    our citizens, do hereby tender to the Muskegon Neighborhood Associations, Consumers Energy
    and Target this Certificate of Public Recognition for their outstanding work in bringing this
    special recognition to Muskegon.

                         IN WITNESS WHEREOF, we hereunto set our hands and cause the seal
                         of the City of Muskegon to be affixed this 1Oth day of January, 2006.



                                                              Ste   en J. Gawron, Vice Mayor


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                                                                evm av1s, omm1sswner


                          1sswner

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    Sue Wierengo,   Co~
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~~~~~~~~~~~
Date:     January 1 o, 2006
To:       Honorable Mayor and City Commissioners
From:     Gail A. Kundinger, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes for the December 12'h
Commission Worksession, and the December 131h Regular Commission
Meeting.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                     JANUARY 10, 2006
    CITY COMMISSION CHAMBERS@ 5:30P.M.
                                MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, January 10,
2006.
   Mayor Warmington opened the meeting with a prayer from Pastor David
Rogers from the Zion Baptist Church 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,
Commissioner Chris Carter, Kevin Davis, Clara Shepherd, Lawrence Spataro, and
Sue Wierenga, City Manager Bryon Mazade, City Attorney John Schrier, and City
Clerk Gail Kundinger.
2006-02 HONORS AND AWARDS:
      A. 22nd Annual National Night Out. PUBLIC SAFETY
Denny Powers presented certificates to the Neighborhood Associations, Plumbs,
Lowe's, Consumers Energy, and Target thanking them for their work and for
bringing this recognition to Muskegon.
2006-03 INTRODUCTIONS/PRESENTATION:
Commissioner Shepherd introduced Mrs. Donna Littlejohn, Executive Director
and CEO, of the Muskegon Family Care Center.
2006-04 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the December 12th Commission
Worksession, and the December 13th Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
     B. Appointment to Muskegon Housing Commission. CITY MANAGER
SUMMARY OF REQUEST: To confirm the re-appointment of Mary Jo McCann to
the Muskegon Housing Commission for a 5-year term, from 2-1-06 to 1-31-11.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends that the City Commission confirms
the appointment.
      C. FIRST READING: Rezoning Request for Property located at 65 W.
         laketon Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property located at 65 W.
Laketon Avenue, from R-1, One Family Residential to B-4, General Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITIEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 12-15-05 meeting. The vote was unanimous.
      D. Vacation of the East/West Alley in Block 203 of the City of Muskegon
         Revised Plat of 1903. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of the east/west alley in City of
Muskegon Revised Plat of 1903, Block 203, bounded by Wood Street, Amity
Avenue, Emerald Street and Orchard Avenue.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the alley, with the
condition that all utility easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
vacation of the alley at their 12-15-05 meeting, with the condition that all utility
easement rights be retained. The vote was unanimous.
      E. Vacation of a Portion of East Western Avenue.               PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for the vacation of E. Western Avenue,
between Ottawa and Hall Streets.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the portion of E.
Western Avenue, with the condition that all utility easement rights be retained,
including the new Muskegon County sewer line easement.
COMMITTEE RECOMMENDATION:            The Planning     Commission      unanimously
recommended the vacation, with the condition as listed above.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
Consent Agenda as read.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
                Nays: None
MOTION PASSES
2006-05 NEW BUSINESS:
       A. Clerical/Technical   Union Tentative Agreements.          ASSISTANT CITY
          MANAGER
SUMMARY OF REQUEST: To approve the set of tentative agreements reached
with the Clerical/Technical Union and amend the Clerical Pension Ordinance
accordingly, and to authorize the Mayor to sign a three-year bargaining
agreement for the period 1/1/06 to 12/31/08.
FINANCIAL IMPACT:
Union Issues:
Pension
1.    Provide a deferred compensation program with a match from $500 per
      employee per year.
Wages
1.    An across the board 2% pay increase in each of three years and a one
      time payment of $100 for all full-time employees covered by the collective
      bargaining agreement upon signing of the contract.
2.    Annual payment of $150 to bi-lingual Union employees fluent in Spanish.
City Issues:
Insurance
1.    Increase co-pays for generic drugs to $20 and brand name drugs to $40
      for individuals in the traditional plan. If there is no generic brand, then the
      generic brand co-pay applies.
2.    Increase employee premium co-pay to $20 bi-weekly.
3.    Investigate the establishment of an employee health insurance savings
      account in order to allow employees to contribute pre-tax monies to be
      used for health and prescription costs after retirement.
Pension
1.    Employees hired after January 1, 2006, will participate in a defined
      contribution     retirement   plan instead of the defined benefit plan.
      City shall contribute 3% of pay. If the employee contributes 3% of pay,
      the City will match that amount. Employee's contribution shall be fully
      vested. The City's contribution shall be 20% vested after the first year, 40%
      vested after the second year, 60% vested after the third year, 80% vested
      after the fourth year and 100% vested after the fifth year. Current
      employees will be provided a one time option of rolling over from the
      defined benefit retirement plan to the defined contribution retirement
      plan.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the Clerical/Technical Union contract agreement and authorize the Mayor and
Clerk to sign the necessary documents.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
           and Davis
             Nays: None
MOTION PASSES
      B. FIRST READING: Zoning Ordinance Amendment for Outdoor Solid Fuel
         Heating Appliances. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2311 of Article XXIII (General
Provisions) to prohibit outdoor solid fuel heating appliances in all zoning districts.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend language regarding outdoor solid fuel heating
appliances.
COMMITIEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 12/15/05 meeting. The vote was unanimous.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve
the amendment of Section 2311 of Article XXIII to prohibit outdoor solid fuel
heating appliances in all zoning districts.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
           and Gawron
             Nays: None
MOTION PASSES
      C. FIRST READING: Zoning Ordinance Amendment to Article II (Definitions)
         of the Zoning Ordinance. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions) to add a
definition for "Solid Fuel Heating Appliance".
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:         Staff recommends amendment of the Zoning
Ordinance to add a definition for "Solid Fuel Heating Appliance".
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their 12/15/05 meeting. The vote was
unanimous in favor of the amendment.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
amendment of Article II of the Zoning Ordinance to add a definition for "Solid
Fuel Heating Appliance".
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
            Nays: None
MOTION PASSES
      D. Extending the Deadline for Taking Action on Proposed Mall Historic
         District. PLANNING & ECONOMIC DEVELOPMENT DEPARTMENT
SUMMARY OF REQUEST: To extend the deadline for taking action on the
proposed Mall Historic District. A public hearing was held on January 21, 2004,
but no action was taken. This public hearing triggered an automatic one-year
deadline for taking action. City Commission extended this deadline for one
year in January of 2005. Because that deadline will expire shortly, Staff is
requesting that the City Commission extend the deadline for one more year.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution extending the time period
to take action on whether or not to designate the Mall buildings as a historic
district.
Motion by Commissioner Shepherd, second by Commissioner Spataro to
approve the extending of the deadline for taking action on the proposed Mall
Historic District.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
           and Spataro
            Nays: None
MOTION PASSES
     E. Release of Funds and Certification for U.S. Department of Housing and
        Urban Development. CITY MANAGER
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the release of funds and certification for the U.S. Department of
Housing and Urban Development.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
2006-06 CLOSED SESSION: To discuss pending litigation.
Motion by Commissioner Davis, second by Commissioner Spataro to go into
Closed Session to discuss pending litigation at 6:10p.m.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
           Nays: None
MOTION PASSES
Motion by Commissioner Carter, second by Vice Mayor Gawron to go back into
Open Session at 6:33 p.m.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
           Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to concur
with the City Attorney's recommendation and accept the settlement offer and
authorize the Mayor and City Clerk to sign the necessary documents.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
           and Davis
           Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:35 p.m.


                                         Respectfully submitted,



                                           LO _L~r
                                         Gail A . Kundinger, MMC
                                         City Clerk
                         AGENDA ITEM N O . - - - - - - -

              CITY COMMISSION M E E T I N G - - - - - - - - - - - -


TO:         Honorable Mayor and City Commissioners

FROM:       Bryon L. Mazade, City Manager

DATE:       January 3, 2006

RE:         Appointment to Muskegon Housing Commission



SUMMARY OF REQUEST:
To confirm the re-appointment of Mary Jo McCann to the Muskegon Housing Commission for a
5-year term, from 2/1/06-1/31/11.



FINANCIAL IMPACT:
None.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
Staff recommends that the City Commission confirms the appointment.




COMMITTEE RECOMMENDATION:




pb/O:AGENDA- APPT TO MUSK HOUSING COMM 010306
               Commission Meeting Date: January 10, 2006




Date:             December 20, 2005
To:               Honorable Mayor and City Commissioners
From:             Planning & Economic Development CGC
RE:               Rezoning request for property located at 65 W. Laketon
                  Avenue


SUMMARY OF REQUEST:

Request to rezone the property located at 65 W. Laketon Avenue, from R-1, One
Family Residential to B-4, General Business.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the request.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 12/15
meeting. The vote was unanimous.




        0:\Pianning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\65 W. Lakcton.doc   1
                             CITY OF MUSKEGON

                          MUSKEGON COUNTY, MICHIGAN

                              ORDINANCE NO. 2177

An ordinance to amend the zoning map of the City to provide for a zone chan2e for
certain properties from R-1 "One Family Residential" to B-4 "General Business"

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 of the
following described property from R-1 "One Family Residential" to B-4 "General
Business":

 CITY OF MUSKEGON DENNIS SMITH & COS SOUTH SIDE ADDLOTS 1-4 & N
19 FT OF LOT 5 BLK 6 ALSO E 1/2 OF VAC N 1/2 OF ALLEY ADJ TH'TO ALSO W
1/2 OF SD VAC ALLEY ADJ TO FOLL S 3FT OF LOT 14 & N 40FT LOT 13 BLK 6
  ALSO W 1/2 OF SD VAC ALLEY ADJ TO FOLL N 33FT OF LOT 12 & S 10FT
               LOT 13 BLK 6 (ALLEY VAC BY CITY RES 99-65)

This ordinance adopted:

Ayes:  Davis, Gawron , Shepherd, Spataro, Warmington, Wierenga ,
       and Carter
Nayes: None


Adoption Date:_1_-_1_0_-_0_6_ _ _ _ _ _ __

Effective Date:    1 - 2 4-0 6
                  -----      - -- - - -- -
First Reading: __1_-_1_0_-_0_6_ _ _ _ _ _ __

Second Reading:_....:..cN:..I..../..:...:A'----------




                                                    CITY OF MUS~
                                                    By:   ~a-
                                                          Gail A. Kundmger, MM
                                                                                 ·
                                                          Clerk
            CERTIFICATE (Rezoning of65 W. Laketon Avenue R-1 to B-4)

        The undersigned, being the duly qualified clerk of the City of Muskegon,
Muskegon County, Michigan, does hereby cetiify 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 101h day of January, 2006,
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 ofMuskegon. 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 thereb~. j
DATED:      t .w-<.G. u-1 [\ ,
                        ()
                                   2006.       tia.J... 0, ~J.-3-w
                                             Gail A. Kundinger, 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 January 10,2006, the City Commission of the City of
Muskegon adopted an ordinance amending the zoning map to provide for the change of
zoning of the following property from R-1 "One Family Residential" to B-4 "General
Business":

 CITY OF MUSKEGON DENNIS SMITH & COS SOUTH SIDE ADD LOTS 1-4 & N
19 FT OF LOT 5 BLK 6 ALSO E 112 OF V AC N 112 OF ALLEY ADJ TH'TO ALSO W
1/2 OF SD VAC ALLEY ADJ TO POLLS 3 FT OF LOT 14 & N 40FT LOT 13 BLK 6
  ALSO W 1/2 OF SD VAC ALLEY ADJ TO POLL N 33FT OF LOT 12 & S 10FT
               LOT 13 BLK 6 (ALLEY VAC BY CITY RES 99-65)

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      /- /
               ~        j
                            f              '2006                 CITY OF MUSKEGON

                                                                 By _____________________
                                                                       Gail A. Kundinger, MMC
                                                                       City Clerk




PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE.

Account No. 101-80400-5354




       0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\65 W. Laketon.doc   4
                                 Staff Report [EXCERPT]
                                  CITY OF MUSKEGON
                                PLANNING COMMISSION
                                  REGULAR MEETING

                                      December 15, 2005



Hearing; Case 2005-51: Request to rezone the property at 65 W. Laketon Avenue
from R-1, One Family Residential, to B-4, General Business, by Muskegon
Governmental Employees Federal Credit Union.

BACKGROUND

Applicant:                          Muskegon Governmental Employees Federal Credit Union

Property Address/Location           65 W. Laketon Avenue

Request:                            Rezone from R-1, One Family Residential to B-4, General
                                    Business

Present Land Use:                   Commercial/Credit Union

Zoning:                             R-1, One Family Residential

STAFF OBSERVATIONS

1.     The subject property at 65 W. Laketon Avenue has been the home of the credit
       union since the 1960s. Why it was allowed to located in a residential zoning
       district is unknown.
2.     The improper zoning came to staffs attention recently when the credit union
       applied for sign permit, and staff routinely checked the zoning on the property.
3.     The applicant would like to bring the property into zoning compliance.
4.     Properties to the North, South and West are zoned R-1, One Family Residential.
       To the east, across Sanford Street the zoning is B-4, General Business.
5.     The Master Plan states "Implement, through zoning, buffer requirements to
       mitigate compatibility impacts between residential and non residential uses."
6.     The credit union has provided screening and landscaping between their property
       and the adjacent residential properties.
7.     Staff has received an e-mail from Mark Anderson, Proline Constmction Services,
       1871 Peck Street in favor of the request. .




       0:\Pianning\COMMON\Zoning\City Commission Itcms\rezone\Approve\2005 Approvals\65 W. Laketon.doc   5
City of Muskegon
Planning Commission
Case# 2005-51
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       0:\Pianning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\65 W. Laketon.doc              6
RECOMMENDATION
Staff recommends approval of the request to rezone the subject properties from R-1 to B-
4 because the request conforms to the goals and recommendations of the City'sl997
Master Plan.

DELIBERATION
Criteria-based questions typically asked during a rezoning include:

1.     What, if any, identifiable conditions related to the petition have changed which
       justify the petitioned change in zoning.

2.     What are the precedents and the possible effects of precedent that might result
       from the approval or denial of the petition?

3.     What is the impact of the amendment on the ability of the city to provide
       adequate public services and facilities and/or programs that might reasonably
       be required in the future if the petition is approved?

4.     Does the petitioned zoning change adversely affect the environmental conditions
       or value of the surrounding property?

5.     Does the petitioned zoning change generally comply with the adopted Future
       Land Use Plan of the City?

6.     Are there any significant negative environmental impacts which would
       reasonably occur if the petitioned zoning change and resulting allowed structures
       were built such as:

a.     Surface water drainage problems
b.     Waste water disposal problems
c.     Adverse effect on surface or subsurface water quality
d.     The loss of valuable natural resources such as forest, wetland, historic sites,
       or wildlife areas.

7.     Is the proposed zoning change a "Spot Zone"?

       a.       Is the parcel small in size relative to its surroundings?
       b.       Would the zoning change allow uses that are inconsistent with those
                allowed in the vicinity?
       c.       Would the zoning change confer a benefit to the property owner that is
                not generally available to other properties in the area?
       d.       A spot zone is appropriate if it complies with the Master Plan.




       0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\65 W. Lakcton.doc   7
DETERMINATION

The following motion is offered for consideration:

I move that the request to rezone the property located at 65 W. Laketon Avenue from R-
1, One Family Residential district to B-4, General Business district, as described in the
public notice, be recommended for (approval/denial) to the City Commission pursuant
to the City of Muskegon Zoning Ordinance, and the determination of (compliance/lack
of compliance) with the intent of the City Master Land Use Plan and zoning district
intent.




       0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\65 W. Laketon.doc   8
                 Commission Meeting Date: January 1 0, 2005




Date:         December 19, 2005
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development               ~
RE:           Vacation of the east/west alley in Block 203 of the City of
              Muskegon Revised Plat of 1903


SUMMARY OF REQUEST:

Request for vacation of the east/west alley in City of Muskegon Revised Plat of 1903,
Block 203, bounded by Wood St., Amity Ave., Emerald St. and Orchard Ave.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends vacation of the alley, with the condition that all utility easement rights
be retained.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended vacation of the alley at their 12/15 meeting,
with the condition that all utility easement rights be retained. The vote was unanimous.




12/19/2005
                               RESOLUTION             #2006-04 (d)

                        RESOLUTION TO VACATE A PUBLIC ALLEY

WHEREAS, a petition has been received to vacate the east 120 feet of the east/west alley in Block
203 of the City of Muskegon Revised Plat of 1903, bounded by Wood St., Amity Ave., Emerald
St., and Orchard Ave.; and,

WHEREAS, the Planning Commission held a public hearing on December 15, 2005, to consider
the petition and, subsequently, recommended the vacation; and,

WHEREAS, due notice had been given of said hearing as well as the January 10, 2006, City
Commission meeting to consider the recommendation of the Planning Commission;

NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue the east/west alley, in Block 203 City of Muskegon
Revised Plat of 1903 bounded by Wood St., Amity Ave., Emerald St., and Orchard Ave., County
of Muskegon, State ofMichigan.

BE IT FURTHER RESOLVED that the City Commission does hereby declare the said alley
vacated and discontinued, provided, however, that this action on the part of the City Commission
shall not operate so as to conflict with fire access or the utility rights heretofore acquired by the
City or by any public service utility in the City of Muskegon operating in, over and upon said
portion of alley hereby vacated, and it is hereby expressly declared that such rights shall remain in
full force and effect.

BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the City shall
restore the disturbed area to the grade and paving in existence at the time of vacation. The City
shall not be responsible to replace special planting, landscaping, fences or any structure. No
structure shall be placed in the easement which, in the sole judgment of the City, will interfere with
the repair or maintenance of utilities in the easement, public or private.

Adopted this lOth day of January, 2006.

        Ayes:     Davis, Gawron, Shepherd, Spataro, Warmington, Wierenga,
                  and Carter
        Nays:     None

        Absent:   None




                                                       Gail A. Kundinger, MMC, City
CERTIFICATION (East/West Alley Vacation in Block 203 of the City of Muskegon Revised Plan
                                      of 1903)


I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by
the City Commission of the City ofMuskegon, County of Muskegon, Michigan, at a regular
meeting held on January 10, 2006.


                                                          L~~
                                                            J'
                                                        Gail Kundinger, MMC
                                                        Clerk, City of Muskegon
                                                                                                                                               •
City of Muskegon
Planning Commission
Case# 2005-49
                                                                                                                                             w-<1-•
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  300                     0                           300                          600 N.t
                                     Staff Report [EXCERPT]
                                      CITY OF MUSKEGON
                                    PLANNING COMMISSION
                                      REGULAR MEETING
                                        December 15, 2005


Hearing; Case 2005-49: Request to vacate the alley located iu Block 203 bounded by Wood,
Amity, Emerald and Orchard, by Douglas H. Conlon.
BACKGROUND
The applicant owns at the house located at 861 Wood Street, and the alley in question runs very
close to his property line on the south side of his home. His only driveway and parking area is
located in and along this alley. He is requesting the vacation of the east-west portion ofthis alley
from Wood Street to the rear of his property only. If this alley is vacated it would provide the
property he needs for a proper driveway leading to parking in the rear of his home. Vacation of the
alley would also prohibit both auto and foot traffic from traveling down this alley in such close
proximity to his home. There is a City-owned parcel that runs parallel to the rear of the properties
at 358, 364 and 372 Amity that has the appearance of an alley. Staffis working with Engineering
and the City Attorney to officially dedicate this parcel as an alley, so access can be continued to
those parcels. (See attached map.)
Engineering, DPW and Fire have all been requested to inspect this alley to determine if problems
for access would be created if it was vacated. DPW responded by saying that there are no City-
owned utilities located in this portion of the alley, and they have no problems with the vacation.
Fire also responded that the vacation was acceptable, since all fire and EMS vehicles would have
access through the alternative route, which is the north-south portion of the alley. Engineering has
no issues with vacating this portion of the alley. All utility rights should be retained as a condition
of approval.




East-west alley as viewed from Wood St.                  North-south portion of alley.
STAFF RECOMMENDATION

Staff recommends approval of the request.

DELIBERATION

I move that the vacation of east-west portion of the alley bounded by Wood Street, Amity
Avenue, Emerald Street, and Orchard Avenue be recommended to the City Commission for
(approval/denial, based on (compliance/lack of compliance), with the City's Master Land Use
Plan, with the following condition:


1.        All utility easements will be retained.

     City of Muskegon
     Planning Commission
     Case# 2005-49
                                                                                                                  -~·
                                                                                                                   '



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                                                                          [JIJI        -"Subject   Po~pe1ly(iu)


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                         ~.                ~
                                                        ,_,
                                                        
                                             006, the City Commissi9 · of the City of Muskego deJ ect-an=::
/69-i-
   Fl ·    ce to amend A.lticle II (Definitio s) ofthe ZoZ 'ng Or .(nance to add a definition or "Antique
"' uhop".
  ·,
   Copies of the ordinance may be viewed and zp         d at reasonable cost at the Office ofthe City
   Clerk in the City Hall, 933 Terrace Street, Muske · ~ Michigan, during regular business hours.

              This ordinance amendment is effi?ecti e ten da~~om the date of this publication.

   Published                I - !?                 , 20                       CI~Y OF MUSKEGON
                                                                              By ~~--------------------
                                                                                        Gail A. Kundinger, MMC
                                                                                         'ty Clerk




   PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE.

   Account No. 101-80400-5354




   0 :\Pianning\COMMON\Zoning\City Commission Jtems'v\mendments\2005 Amendments\Case 2005-54 Solid Fuel Heating Appliance definition.doc   4
                                                 Staff Report (EXCERPT)
                                                   CITY OF MUSKEGON
                                                 PLANNING COMMISSION
                                                   REGULAR MEETING

                                                       December 15,2005



Hearing; Case 2005-54: Staff initiated request to amend Article II (Defmitions) of the Zoning
Ordinance to add the definition for "Solid Fuel Heating Appliance".

In order to differentiate these heating appliances from, for example, an outdoor fire pit or cooking
grills, it is necessary to add a definition to the zoning ordinance. The following definitions comes
from the State ofMichigan Building Code:

NEW LANGUAGE
Deletions are ersssed aut and additions are bold.

Solid Fuel Heating Appliance - Heating appliances that are intended to burn solid fuels, such as
wood, coal, or any other biomass fuel. Solid fuel heating appliance does not include solid fuel
fired cooking appliances."


DELIBERATION
I move that the amendment to Article II (Definitions), of the Zoning Ordinance to add a definitions
for "Solid Fuel Heating Appliance", be recommended to the City Connnission for (approval/denial).




0:\Planning\COMMON\Zoning\City Commission Items\Amendments\2005 Amendments\Case 2005-54 Solid Fuel Heating Appliance definition.doc   5
Date:         January 6, 2006
To:           Honorable Mayor & City Commission
From:         Planning & Economic Development Department
RE:           Extending the deadline for taking action on proposed
              Mall Historic District


SUMMARY OF REQUEST:
To extend the deadline for taking action on the proposed Mall Historic District. A public
hearing was held on January 21, 2004 but no action was taken. This public hearing
triggered an automatic one-year deadline for taking action. City Commission extended this
deadline for one year in January of 2005. Because that deadline will expire shortly, Staff is
requesting that the City Commission extend the deadline for one more year.

FINANCIAL IMPACT:
None

BUDGET ACTION REQUIRED:
None

STAFF RECOMMENDATION:
To approve the attached resolution extending the time period to take action on whether or
not to designate the Mall buildings as a historic district.

COMMITTEE RECOMMENDATION:




1/6/2006
                                          Resolution No. 2006-05 (d)


                        MUSKEGON CITY COMMISSION
  RESOLUTION TO EXTEND THE DEADLINE FOR CONSIDERARTION OF THE POTENTIAL
                        MALL HISTORIC DESIGNATION


WHEREAS, the Muskegon City Commission previously designated a historic district study committee to
conduct basic research, inventory, and determine the historic significance of a resource or resources within a
proposed historic district located located in the mall, described as: CITY OF MUSKEGON REVISED PLAT OF
1903, Lot 16 EXC SWLY 8FT, BLK 565 (Daniels}; CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 17,
BLK 565 (Century Club); CITY OF MUSKEGON REVISED PLAT OF 1903, LOT 18, BLK 565 (Savings and
Loan/ GTE); CITY OF MUSKEGON REVISED PLAT OF 1903, LOT 8, BLK 311 (National City); CITY OF
MUSKEGON REVISED PLAT OF 1903, LOT 11, BLK 310, AND THEE 35FT OF N 10 FT OF VAC FIRST
STAND N IS OF VAC E/W ALLEY ADJ. TO SO PROP (Hackley Bank);


WHEREAS, the one year deadline to take action will expire on January 24, 2006, and

W HEREAS, under state statute in establishing an historic district (section 399.203 of Public Act
169), the local legislative body may extend the deadline for taking action on whether or not to
designate a historic district,

NOW THEREFORE BE IT RESOLVED, that the deadline for taking action on whether or not to
designate this specific proposed historic district be extended for one year to expire on January 10,
2007.
                  1
Adopted this 10 h day of January, 2006.


Ayes:     warmi ngton, Wi erengo, Carter, Davis, Gawron ,                              Shepherd,
          and Spataro
Nays:     None

Absent:    None




                                                           Gail Kundinger, MMC
                                                           City Clerk
                                       CERTIFICATION
                                         200 6 -0S(d)
I attest that the foregoing constitutes a true and complete copy of a resolution adopted by the
Muskegon City Commission, County of Muskegon, Michigan, at a meeting held on January 10,
2006.                                                  ~ L~ .
                                                    Gail Kundinger, MCC
                                                    Clerk
                                                                             r
                                                             U.S. Department of Housing                                            OMS No. 2506·0087
Request for Release of Funds                                 and Urban Development                                                   (exp. 11/30/2004)
and Certification                                            Office of Community Planning
                                                             and Development


This form is to be used by Responsible Entities and Recipients (as defined in 24 CFR 58.2) when requesting the release of funds, and
requesting the authority to use such funds, for HUD programs identified by statutes that provide lor the assumption of the environmental
review responsibility by units of general local government and States. Public reporting burden for this collection of information is estimated
to average 36 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and
a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number.
Part 1 Program Description and Request for Release of Funds (to be completed by Responsible Entity)
1. Program Title(s)                                                      2. HUD/State Identification Number      3. Recipient Identification Number
                                                                                                                   (optional)
ECONOMIC DEVELOPMENT                       INITATIVE GRANT               B-05-SP-MI-0502                         N/A
4. OMS Catalog Number(s)                                                 5. Name and address of responsible entity

14-246                                                                  CITY OF MUSKEGON
6. For information about this request, contact (name & phone number)
                                                                        933 TERRACE ST
                                                                or      MUSKEGON, MI   49440
D R. ALAN STEINMAN (616) 331-3854
wILMERN GRIFFIN (231) 724-6963                                           7. Name and address of recipient (if different than responsible entity)
B. HUD or State Agency and office unit to receive request               GRAND VALLEY STATE UNIVERSITY
DETROIT                                                                 ANNIS WATER RESOURCE INSTITUTE
                                                                        740      w.SHORELINE DRIVE
                                                                        MrT'!T(R(;ON  MT  LlClLlLll
The recip1ent(s) of assistance under the program(s) hsted above requests the release of funds and removal of environmental grant
conditions governing the use of the assistance for the following
9. Program Activity(ies)/Project Name(s)                                 10. Location (Street address, city, county, State)
BUILDING REHABILITATION                                                 740 W. SHORELINE DRIVE
(GRAND VALLEY STATE UNIVERSITY                                          MUSKEGON, MI  49441
ANNIS WATER RESOURCE INSITUTE)
11. Program Activity/Project Description


THE    ACTIVITIES BUILDING REHABILITATION
l.    CONSTRUCT 8' FENCE
2.    REPLACE ROOF
3.    RAHABILITATION OF FIELD STATION AND REPLACE SIDEWALK
4.    PROJECT PLANNING: PREPARATION OF A MASTER PLAN




Previous editions are obsolete                                                                                                form HUD-7015.15     (1/99)
Part 2. Environmental Certification (to be completed by responsible entity)
With reference to the above Program Activity(ies)/Project(s), I, the undersigned officer of the responsible entity, certify that:
1.   The responsible entity has fully carried out its responsibilities for environmental review, decision-making and action pertaining to
     the project(s) named above.
2.   The responsible entity has assumed responsibility for and complied with and will continue to comply with, the National
     Environmental Policy Act of 1969, as amended, and the environmental procedures, permit requirements and statutory obligations
     of the laws cited in 24 CFR 58.5; and also agrees to comply with the authorities in 24 CFR 58.6 and applicable State and local laws.
3.   After considering the type and degree of environmental effects identified by the environmental review completed for the proposed
     project described in Part 1 of this request, I have found that the proposal did    D          0
                                                                                       did not require the preparation and dissemination
     of an environmental impact statement.
4.   The responsible entity has disseminated and/or published in the manner prescribed by 24 CFR 58.43 and 58.55 a notice to the public
     in accordance with 24 CFR 58.70 and as evidenced by the attached copy (copies) or evidence of posting and mailing procedure.
5.   The dates for all statutory and regulatory time periods for review, comment or other action are in compliance with procedures and
     requirements of 24 CFR Part 58.
6.   In accordance with 24 CFR 58.71 (b), the responsible entity will advise the recipient (if different from the responsible entity) of any
     special environmental conditions that must be adhered to in carrying out the project.


As the duly designated certifying official of the responsible entity, I also certify that:
7.   I am authorized to and do consent to assume the status of Federal official under the National Environmental Policy Act of 1969 and
     each provision of law designated in the 24 CFR 58.5 list of NEPA-related authorities insofar as the provisions of these laws apply
     to the HUD responsibilities for environmental review, decision-making and action that have been assumed by the responsible entity.
8.   I am authorized to and do accept, on behalf of the recipient personally, the jurisdiction of the Federal courts for the enforcement of
     all these responsibilities, in my capacity as certifying officer of the responsible entity.



Signature of Certifying Officer of the Responsible Entity                       Title of Certifying Officer

                                                                                 CITY MANAGER
                                                                                Date signed
X                                                                               J
Address of Certifying Officer

933 TERRACE ST
MUSKEGON, MI 49440
Part 3. To be completed when the Recipient is not the Responsible Entity
The recipient requests the release of funds for the programs and activities identified in Part I and agrees to abide by the special conditions,
procedures and requirements of the environmental review and to advise the responsible entity of any proposed change in the scope of
the project or any change in environmental conditions in accordance with 24 CFR 58.7l(b).
Signature of Authorized Officer of the Recipient                                Tille of Authorized Officer



                                                                                Date signed
X
Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001,1010, 1012; 31 U.S. C. 3729,
3802)




Previous editions are obsolete                                                                                                      form HUD-7015.15     (1/99)

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