Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, July 1, 2021 Time: 07:00 PM Eastern Time AGENDA I Call to Order Pledge of Allegiance II Roll Call III Approval of Agenda At this time, the Planning Commission can take action to approve the July 1, 2021 Agenda. IV Approval of Minutes At this time the Planning Commission can approve the May 20, 2021 Meeting minutes. V Correspondence At this time the Chair will ask if any correspondence has been received to be read into the record. VI Public Hearing VII Public Comment on Agenda Related items All comments and handouts from the speaker at the podium will go through the Chair, also there will not be any interaction between the podium and audience. If these rules cannot be followed, the Chair can terminate this portion of the meeting. (Usually a limit of between 3-5 mins to address Planning Commission). VIII New Business • County Recreation Plan from Networks Northwest • 24 Arthur SUP Transfer • By-Law Amendment • Lumen Plan Approval • Lot Line Adjustment IX Old Business X Public Comments and Communications At this time the Chair will ask if there are any public comments. (Usually a limit of between 3-5 mins to address Planning Commission). • Steve Glagola Canvas the Commission on 314 Sibben St XI Staff Reports XII Members Discussion At this time the Chair will ask members of the Planning Commission if they have any items they want to discuss. XIII Adjournment Page 1 of 1 Planning Commission Zachary Sompels 6/23/2021 Manistee County Planner 395 3rd St. City of Manistee Planning Commission Members Manistee, MI 49660 70 Maple Street 231.723.6041 planning@manisteecountymi.gov Manistee, MI 49660 www.manisteemi.gov Dear Planning Commission Members, Networks Northwest has been contracted to work on the countywide Recreation Plan. As part of their planning process, Networks Northwest needs stakeholder input from the Planning Commission as well as many other entities. They have requested this time to bring the Planning Commission up to speed on their progress and direction and wish to hold a Special Meeting for a Work Session later in July to allow for time responders to collect their thoughts and ideas. Please let me know if you have any questions or need further clarification. Sincerely, Zachary Sompels Manistee County Planner Manistee County-Wide Park & Recreation Plan Update Worksheet for Local Stakeholders Instructions Thank you for helping in this important effort to update the Manistee County-Wide Park & Recreation Plan. This worksheet and the subsequent discussion with Networks Northwest regarding the responses to each section will help to ensure that the county-wide plan accurately describes the direction the community is seeking to go. Please read each section’s directions, review the information provided and detail updates that will go into the 2022-2026 plan. This worksheet should be completed by either an individual or group that is very knowledgeable about parks and recreation in your municipality. City of Manistee Item 1 - DNR-Funded Projects Below is a list of projects from the 2016-2020 county-wide plan that the Michigan Department of Natural Resources has funded. The DNR requires all parks and recreation plans to list projects that it has funded. Please review the table and provide any and all updates or additional projects that have taken place since 2016. Project Applicant Title Year Amount Status Description # 26-001 City of First Street 1972 $81,450.00 Closed Development of parking lot, comfort station, lift 2B Manistee Beach Ramp station, underground wiring and landscaping at boat launch. 26-002 City of Manistee 1972 $98,500.00 Closed Acquire two parcels of land to develop for grading, 44 Manistee City Marina landscaping, sidewalks and steps, retaining wall, Park benches, waste receptacles & picnic tables. 26-011 City of Sands Park 1980 $16,750.00 Closed Two fenced tennis courts, drinking fountain, 01 F Manistee playground, landscaping. BF89-4 City of Sands Park 1989 $34,650.00 Closed Replace shelter house & lighting, restrooms, fencing, 61 Manistee Restoration irrigation system. 26-015 City of Barrier Free 1991 $81,000.00 Closed Renovation of bathhouse, marina access 04 Manistee Marina ramp/walkway, replace fuel tanks. Project 1 TF91-1 City of Manistee 1991 $375,000.00 Closed Develop 3,000’ elevated lighted boardwalk from 47 Manistee Riverwalk Manistee Marina to First Street Beach on Lake West Michigan. TF94-2 City of Manistee 1994 $375,000.00 Closed Develop additional 550 of lighted riverwalk including 40 Manistee Riverfront handicapped access area, benches, signage, shore Park protection/landscaping to east of US-31 BF98-2 City of Lake 1998 $40,000.00 Closed Build trail and parking lot to provide additional 94 Manistee Michigan access to a mile of City-owned Lake Michigan Public shoreline. Access TF07-0 City of Man Made 2007 $2,015,000.00 Closed Acquisition of 23 acres, with 1,350 feet of frontage 40 Manistee Lake on Lake Michigan and 1,700 feet of frontage on the Acquisition 10 acre Man Made lake for passive rec. TF11-0 City of Manistee 2011 $280,000.00 Closed Development to include removal and replacement of 6 Manistee First St. First St. Beach House in Douglas Park. Universally Beach accessible. House 26-017 City of Rotary Park 2013 $48,000.00 NPS Universally accessible, ADA-compliant play area for 31 Manistee Play Area children. Item 2 - Community Description This community description was provided by a local official from your municipality during the previous park and recreation planning process. Please look over this description and make sure that it accurately answers the following questions: ● What is your community known for, both internally (to residents) and externally (to visitors)? ● What in your community are residents most proud of? ● What recreation opportunities are present in your community? (please mention parks, trails, water access, camping, etc.) – you do not need to note every recreation site in your municipality. A table will note each site in the final plan. Please provide a narrative that describes recreation generally in your community. Description from previous plan: It is the beauty and natural wonder that abounds in the region’s forests, lakes and rivers that remain a constant factor and will always make Manistee a special place to live and visit. The city is located at the mouth of the Manistee River on Lake Michigan, a part of northwestern Michigan. Historic Manistee, the Victorian port city, has a river walk running through downtown to Lake Michigan to enjoy. You will find activities for all personalities, from the adventurous winter sports to the casual strolls along the beach. Manistee is your four season’s destination for adventures, excitement and relaxation. The city is a paradise for water and sports enthusiasts and is known as the “Fishing Capitol of the Midwest.” The abundance of nearby outdoor activities, beaches and trails are second to none. Manistee has a vast natural beauty and a “hometown” feeling, and cultural arts include the historic Ramsdell Theatre, Manistee Symphony Orchestra, Manistee Art Institute, dance studios, and art 2 galleries. The city is also home to nearly 150 businesses and community resources. River Street features an eclectic mix of retail shops, antique stores and restaurants. The City of Manistee contains the largest population within Manistee County. Abundant recreation sites can be found throughout the community in the form of neighborhood and regional parks, as well as preservation of beach access for the public and linear trails and walkways through the City. Both the Douglas Recreation Area/1st St. Beach and the 5th Ave. Beach provide abundant access to Lake Michigan. The City was wise in preserving shoreline and beach assets for the public as this is a major draw to the City for visitors, but is also welcomed by residents. Each of these sites offers various amenities in terms of ball field, courts, concessions, playground equipment and in the case of Douglas Rec. Area, a boat launch. Trail development in the City has been on-going through the leadership of the Non-motorized Trail Committee. The committee has worked for the development of on-road bike facilities as well as the establishment of the Zimmerman Pathway (located in Manistee Twp.), and the City’s non-motorized trail park (located in Manistee Twp.) The riverwalk, a boardwalk along the Manistee River channel through the City of Manistee provides a great location for a stroll down the river, with historic information, parks linked along the linear trail and seating for those wishing to take in the view. Trail development has been successful and increased opportunities for making regional connections to adjacent municipalities is something that should be pursued into the future. Support is in place for trail development and momentum in carrying that development forward should be sustained. Item 3 - Primary, Secondary & Tertiary Sites In the 2016 park and recreation plan, local stakeholders worked with the planning team to categorize their recreation assets in terms of their importance to the community. These sites were designated primary, secondary or tertiary. Please review the list of sites shown below and confirm that these designations are correct or if one or more of these sites should be changed. Primary ● Douglas Rec Area/1st St Beach ● River walk East Entrance ● Fifth Ave Beach ● Sands Park ● MHS/MMS/Paine Aquatic Cen. ● Duffy Park Secondary ● Mack Park ● Kennedy School Gym ● Jefferson School Gym ● Centennial Track ● Ninth St Boat Launch ● Morton Park 3  ● Red Szymarek Park ● Man Made Lake ● Arthur St Boat Launch ● North Beach Access Park ● Art Park ● Visitors Bureau ● Manistee City Hall ● Manistee Public Library ● Hamlin Field Tertiary ● MCC Playground/Gym ● Maxwelltown Comm. Park ● Waterworks Museum ● Reitz Park ● Manistee Municipal Marina ● North River walk/Mem. Park ● Ramsdell Theatre ● Vogue Theatre Item 4 - Recreation Site Amenities Please review the attached table of recreation sites in your municipality. This table displays all of the amenities at each site. If amenities have been added or taken away at a particular site, please note this change for the eventual discussion your stakeholder group will have with Networks Northwest. 4  Municipality Priority Ranking Utilities/Hook-Ups (Camping) ADA Access (Low, Mod., High) Recreation Site Map ID # Restrooms (Flush Toilets) Pet Waste Disposal Station Bike Lane (Road Shoulder) Playground Equipment Trailhead (Water, Land ) County-wide Primary Dark Sky Candidate Parking Availability Signage Directional Signage Educational Garbage Receptacle Emergency Phone Pier/Fishing Platform Canoe/Kayak Access Fish Cleaning Station Viewing Platform Potable Water Portable Toilet Shower Facility Picnic Table Water Access Boat Launch Boat Parking Picnic Shelter Beach House Baseball Field Tennis Court Basketball Court Soccer Field Football Field Shuffle Board Ownership Park Type Fee Site Explore the Shores Site Lighting Benches Bike Rack Band shell Dog Park Trails (Off Pavement) Volley Ball Ice Arena Skate Park Disc Golf Site Name Grill Beach 119 Douglas Rec Area/1st St BeachCITY 1 • CP • H • • • • • • • • • • • • • • • • • • • • • • • • • • • • W • • • • • • 128 River walk East Entrance CITY 1 • PT H • • • • • • • • • L • 130 Fifth Ave Beach CITY 1 • CP H • • • • • • • • • • • • • • • • • • • • W • • • • 114 Sands Park CITY 1 NP L • • • • • • • • • • • • • 118 MHS/MMS/Paine Aquatic Cen. School 1 SU • L • • • • • • • • • • • • • 131 Duffy Park CITY 1 NP L • • • • • • • • • • • • 113 Mack Park CITY 2 NP M • • • • • • • • • • 115 Kennedy School Gym School 2 SU 120 Jefferson School Gym School 2 SU 121 Centennial Track School 2 SU 124 Ninth St Boat Launch CITY 2 SU L • • • • • • • • • W 125 Morton Park Morton 2 MP L • • • • • • 129 Red Szymarek Park CITY 2 NP L • • • • • • • • 132 Man Made Lake CITY 2 NP L • • • • • • • • 133 Arthur St Boat Launch CITY 2 SU H • • • • • • • • • • • • • • W 134 North Beach Access Park CITY 2 MP L • • • • • • • • • • • 135 Art Park CITY 2 MP 136 Visitors Bureau M.C. 2 SU • • • • 137 Manistee City Hall CITY 2 SU • • • • • • 138 Manistee Public Library M.C. 2 SU • • • • • 141 Hamlin Field CITY 2 NP L • • • • • • SU MCC Playground/Gym School 3 NP • 117 Maxwelltown Comm. Park CASMAN 3 NP • • • • • • • • • • 122 Waterworks Museum CITY 3 SU 123 Reitz Park CITY 3 NP M • • • • • • • • • • • • • • 126 Manistee Municipal Marina CITY 3 SU • H • • • • • • • • • • • • • • L • • 127 North River walk/Mem. Park CITY 3 PT L • • • • • • • • • • • • L • 139 Ramsdell Theatre CITY 3 SU • • • 140 Vogue Theatre CITY 3 SU • • •  SECOND AV LINCOLN Inset Map A ST WASHINGTON ST THIRD AV TAYLOR ST ELLIOTT DR ! ( 128 HILL RD FIFTH AV LAKESHORE SIXTH AV ! ( 127 RD ! ( CYP T RIVER S 135 RES ! ( ! ( S ST HAHN RD 126 ! ( 140 CL 137 AY ST FIRST ST ! ( SNAPE RD BRIDGE AV RD AV ( 138 ! ! ( 136 GILLESP IE KD ALE 139 SECOND ST W PAR ! ( ! ( 134 R NE ST SD DU ART HUR ! ( ! ( ! ( 133 131 CLEVELAND ST 132 FIRST AV ST CR ! ( THIRD AV ST EA T 130 ! ( ! ( SS FIFTH AV OS 129 ! ( 127 128 ! ( 137 135 ER ST ! ( ! ! ( See Inset (WAT ( 140 ! ! ( FIRST ST ! 126 ! 119 ( ( Map A 122 ! ( 138 SPRUCE ST SIBBEN ST 139 136 PINE ST ! ( ! ( 141 OAK ST 125 MAPLE ST HARBOR DR FIFTH ST BRYANT AV CHERRY ST Legend ! ( ! ( SIXTH ST 120 ( 115 ! CEDAR ST ( Rec Sites ! EIGHTH ST 114 ( Primary Site ! NINTH ST ! ( TAMARACK ST ELM ST Highways TENTH ST ! ( 124 VINE ST ! ( 117 121 GOLF CT Roads TWELFTH ST Hydrology MAIN ST CHERRY RD Water Bodies ! ( ! ( ¹ Manistee County Public Lands 118 ! ( 116 -31 MAPLE RD City of Manistee 113 US City/Village Boundaries S Neighboring Townships PARK AV Neighboring Counties MERKEY RD ! ( 123 Manistee County-Wide Park & Recreation Plan Update Administrative Structure – City of Manistee The Michigan Department of Natural Resources (DNR) requires park and recreation plans to describe the administrative structure of the jurisdiction submitting a plan to be on file with the state. The following language is directly from the DNR’s Guidelines for the Development of Community Parks and Recreation Plans: “Planning for and providing park and recreation services and open space for a community requires staff (or volunteers) and funds to purchase recreation land and open spaces and to develop, operate, and maintain them. In this section, describe how the park and recreation functions are carried out in your community, and include descriptions of the following as they apply to your community: • The park and recreation commission, committee, board of directors, or advisory board. Include the enabling act under which it was established (see Appendix A). For multi-jurisdictional plans, the working relationship among the participating communities and school districts. • Your parks and recreation department, staff, or authority. Define who has the authority to commit funds for parks and recreation, accept grants and purchase land on behalf of the community. • The current year and projected annual budgets for parks operation and maintenance, recreation programming, and capital improvements. • The sources of funding for the park and recreation budget. • The volunteers involved in park and recreation programs and what they do. Describe any partnerships you have formed with private organizations to maintain or operate any of your park or recreation programs. • Relationships with school districts and other public agencies involved in recreation. • For regional authorities, describe the relationship between the authority and the recreation departments of the participating communities. Provide the Articles of Incorporation for the authority.” On the next page is a table with two rows of information. The first row shows the information for your jurisdiction as it appeared in the 2016- 2020 county-wide plan. The second row is for you to fill in. Municipality Governing Governing Budget Sources Volunteers Partnerships Contributes to Contributes to Contribute to body body of funds and/or Manistee Paine Aquatic Manistee County responsible for authorized collaborative Recreation Center Baseball League rec. planning to commit agreements Association funds (MRA) City of Parks City $342,297 Line Volunteers from Yes Yes Yes Yes Manistee Commission; Council .00 Item Lions Club, Parks & Rotary, Local Recreation Veterans, Jaycees Department assist with various parks. An “Adopt-a-Park” program has been enacted Manistee County-Wide Park & Recreation Plan Update Worksheet for Local Stakeholders Instructions Thank you for helping in this important effort to update the Manistee County-Wide Park & Recreation Plan. City of Manistee Goals & Objectives Prior to your community’s discussion with Networks Northwest, please review the goals and projects from the previous plan. Please note any projects that have been completed or are no longer sought by the municipality. Also make note of any projects that members of the public are seeking to implement in the next 5-10 years (please note that any goals and projects listed in the draft plan will be reviewed during a public hearing at the end of the planning process). 1. Goal: Improve the parks PROJECTS: Park Improvements: ● See the City of Manistee Park Improvements 2016 Table for specific park improvements. The park improvements listed are improvements that need to be taken to improve the specific park mentioned. (See Table 7.1) 2. Goal: Acquire land for future recreational opportunities PROJECTS: Trail Route Around Manistee Lake: ● Acquire existing railway bed on the southern and northern end of Manistee River to work towards creating a continuous trail route around Manistee Lake ensuring that the trail is connected to the Riverwalk and the County wide trail system. Splash Pad Park: ● Acquire property downtown to build a splash pad park. Consumers Property-Arthur Street Parcel: ● Acquire the Consumers Property- Arthur Street Parcel #51-101-300-01 which is a 13.6 acre parcel for the purpose of overflow parking for the Arthur Street Boat Launch and possible location for a trail segment. Mack Park: 1  ● Acquire the Morton Salt Inc. Property (portion that is south of the park) part of Parcel #06-424-709-01 to allow for the expansion of Mack Park Ninth Street Boat Launch: ● Acquire the Consumers Power Company Parcel #51-712-475-01 and Morton Salt Parcel #51-712-150-01 in order to make improvements to the Ninth Street Boat Launch and in reserve for the adjacent City of Manistee Waste Water Treatment Facility located north of the launch North Riverwalk/Memorial Park: ● Acquire the property west of Washington Street to Harbor Village Channel to extend Riverwalk to the Harbor Village Channel South Riverwalk-Various Parcels: ● Acquire the property(s) east of the Chamber of Commerce building in order to complete the Riverwalk through and around the Peninsula to the east portion of Manistee Lake ultimately connecting to a County wide trail system 3. Goal: Develop multi-use trails that are connected to a County wide trail system PROJECTS: Trail Development: ● Create a network of trails and bike paths, on road and off road routes, that features the best of Manistee connecting Lake Michigan, River Street, neighborhoods, wooded areas, parks, and any areas considered “Best of…” that have facilities such as trash receptacles, signage, ADA compliant bathrooms, and fitness stations at key locations. County-Wide Trail System Collaboration: ● Continue to work with collaboratively in developing the County wide trail system. Safe Pedestrian Crossings: ● Improve safety by creating safe crossing areas across large roads with specific focus on US 31 between 8th Street and Merkey Road Blue Water Trail: ● Become a part of the Blue Water Trail network. Snowmobile Route: ● Develop a “snowmobile route” with way-finding signage that is connected to the great Manistee County Snowmobile Trail System. 4. Goal: Improve access to our water resources PROJECTS: Zero Entry Boat Launch and Other Improvements: ● Create a zero entry boat launch and undertake other improvements at Arthur Street Boat Launch, Fifth Avenue Beach, the Municipal Marina and the Ninth Street Boat Launch. Canoe/Kayak Launch: ● Create a canoe and kayak launch at the south portion of Riverwalk Crewing: ● Create an area within the City for crewing Universally Accessible Floating Docks: 2  ● Create a universally accessible floating dock at the Municipal Marina Piers: ● Create a pier on Man Made Lake and improve the pier at Douglas Park and the Ninth Street Boat Launch 5. Goal: Develop an eco-tourism economy PROJECTS: Outdoor Equipment Rental Opportunity: ● Encourage the start up of an outdoor rental business Visitors Bureau Meeting: ● Meet with the visitors bureau to discuss further information concerning recreation. 6. Goal: Plan for maintenance and funding of recreational facilities, programming, and future opportunities PROJECTS: County-Wide Recreation Authority: ● Support research of a County wide Recreation Authority 7. Goal: Improve recreational programming PROJECTS Youth: ● Evaluate and improve gaps in programming for youth. Adults: ● Evaluate and improve gaps in programming for adults. 8. Goal: Create new recreational opportunities PROJECTS: Ice Arena: ● Create a community ice arena Accessible Playground Structure: ● Create a specific park accessible for all kids with no barriers and a wheelchair accessible playground structure Outdoor Amphitheater: ● Build an outdoor amphitheater. Outdoor Pool: ● Build an outdoor pool Community Recreation Center: ● Build a community recreation center with a climbing wall, indoor pool, childcare, etc. 3 Planning Commission Zachary Sompels June 23, 2021 Manistee County Planner 395 3rd St. City of Manistee Planning Commission Manistee, MI 49660 70 Maple Street 231.723.6041 planning@manisteecountymi.gov Manistee, MI 49660 www.manisteemi.gov Dear Planning Commission Members, Ken Armour and the associated Special Use Permit originally issued to 24 Arthur LLC are requesting a transfer. Ken Armour is requesting the Special Use Permit PZ19-028 transfer from 24 Arthur LLC. There is no change in use being requested and this is not an extension of the original permit. The permit is set to expire on September 19, 2021. A Special Use Permit is tied to the property owner of the property itself. For the Marihuana Facilities Special Use Permit outlined and approved on September 19, 2019, to continue, this transfer must be approved by the Planning Commission. Sincerely, Zachary Sompels Manistee County Planner DocuSign Envelope ID: D825B014-1B50-485B-8F06-A661E963E432 AUTHORIZATION TO TRANSFER SPECIAL USE PERMIT PROPERTY 24 Arthur Street Manistee, Michigan 49660 PROPERTY OWNER 24 Arthur, LLC BUYER Kenneth Armour, entity TBD. TENANT NMG MI 2, Inc. DECLARATIONS AND SIGNATURES On this 23rd day of June 2021, I hereby certify that I represent 24 Arthur, LLC (“Property Owner), the owner of the property located at 24 Arthur Street, Manistee, Michigan (“Property”). I grant permission to transfer the Special Use Permit connected and related to the Property to Kenneth Armour (entity name to be determined) (“Buyer”) and/or NMG MI 2, Inc. (“Tenant”). Further, I acknowledge that I have the authority to act upon and execute this Authorization to Transfer Special Use Permit (“Authorization”) on behalf of 24 Arthur, LLC, the Property Owner. I caused this Authorization to be executed on the day and year written above. Member _______________________________ _________________________ Joseph Nafsu, Property Owner Title, on behalf of 24 Arthur, LLC On this 23rd day of June 2021, I hereby accept the transfer of the Special Use Permit connected and related to the Property. I caused this Authorization to be executed on the day and year written above. _______________________________ Kenneth Armour, Buyer Planning Commission Zachary Sompels 6/18/2021 Manistee County Planner 395 3rd St. City of Manistee Planning Commission Members Manistee, MI 49660 70 Maple Street 231.723.6041 planning@manisteecountymi.gov Manistee, MI 49660 www.manisteemi.gov Dear Planning Commission Members, In order to speed up meetings while still allowing the public to voice their comments and concerns to the Planning Commission, the Planning Department feels that an amendment to the bylaws is needed. The proposed amendment to the bylaws dictates that letters to the Planning Commission will no longer be required to be read aloud at meetings but rather shared with the Planning Commission prior. Letters would still be available to the public and the chair can determine if certain letters should be read aloud. Please see the attached bylaw amendments with new text in red and text to be removed showing a strikethrough. Please let me know if you have any questions or need further clarification. Sincerely, Zachary Sompels Manistee County Planner  CITY OF MANISTEE PLANNING COMMISSION BY-LAWS AND RULES OF PROCEDURES 1. AUTHORITY These By-laws and Rules of Procedures are adopted by the Planning Commission of the City of Manistee, County of Manistee, (hereinafter referred to as the Commission) pursuant to Public Act 110 of 2006, as amended, the Michigan Zoning Enabling Act; Public Act 33 of 2008, as amended being the Michigan Planning Enabling Act, the City of Manistee Zoning Ordinance, and the Public Act 267 of 1976, as amended, the Open Meetings Act. 2. OFFICERS 2.1 Selection. At the December meeting, the Planning Commission shall elect a chair, vice-chair and secretary who shall serve for the next twelve (12) months and who shall be eligible for re-election. Vacancies in an office of the Commission shall be filled at the next regular meeting of the Commission. The membership shall elect one of its members to fill the vacancy until the next annual election. 2.2 Duties. The chair shall preside at all meetings and shall conduct all meetings in accordance with the rules provided herein.  The vice-chair shall act in the capacity of the chair in the absence of the chair or in the event of a vacancy in the office of chair; in which case, the Commission shall select a successor to the office of vice-chair at the earliest practicable time.  The Secretary shall be responsible for execution of documents in the name of the Planning Commission, the preparation of minutes, keeping of pertinent public records, delivering communications, reports, and related items of business of the Commission, issuing notices of public hearings and performing related administrative duties to assure efficient and informed Commission operations.  The Secretary may appoint a Recording Secretary to handle the administrative functions of the office. In the event the Secretary is absent, the chair or acting chair shall appoint a temporary secretary for such meeting. 2.3 Tenure. The officers shall take office at the first regularly scheduled meeting immediately following their election. They shall hold their office for a term of one year, or until their successors are elected and assume office. 3. MEETINGS 3.1 Meeting Notice. Notice of all meetings shall be posted at City Hall by December 31st of each year. The notice shall include the date, time and place of the meeting. Any changes in the date or time of the regular meetings shall be posted and noticed in the same manner as originally established. When a regular meeting date falls on or near a legal holiday, the Commission shall select suitable alternate dates in the same month, in accordance with the Open Meeting act. 3.2 Removal from Office. The legislative body may remove a member of the planning commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. City of Manistee Planning Commission By-Laws and Rules of Procedures Page 1  3.3 Commission Absences. In order to maintain the maximum participation of all appointed Planning Commission members at all scheduled meetings, the following is the attendance guide and Commissioner replacement policy for “excused” or “unexcused” absences: 1. When appointed, each Commissioner should state his/her willingness and intention to attend each scheduled meeting of the Planning Commission. 2. In the event of unplanned personal matters, business trips, family vacation trips, changed job requirements, sickness, or other physical disabilities that prohibit the Commissioner from attending the scheduled meeting; the Commission Chair or staff Liaison to the Planning Commission should be notified as soon as possible prior to the time of the scheduled meeting of their inability to attend. The Commissioner upon this notification will receive an “excused absence” for the involved scheduled meeting. 3. If any Commissioner is absent from three (3) consecutive scheduled meetings without an “excused absence” for any of the three (3) meetings, the Commissioner shall be reported in writing to the City Manager. The City Manager will contact the Commissioner in writing and question his/her continued ability or interest in being on the Commission, giving the member a chance to rectify the attendance issue or submit a resignation. 4. There will be no limit on the number of consecutive “excused absences” for any Commissioner. However, if the Commissioner is repeatedly absent for at least 50% of the yearly scheduled meetings, that member will also be reported in writing to the City Manager. The City Manager will contact the Commissioner in writing and question the member’s continued ability or interest to be on the Commission. The Commissioner will be considered for appointment nullification when the absences total six in the calendar year. 5. The appointment nullification action would be initiated by the City Manager and forwarded on to the City Council for official action. 3.4 Special Meetings. A special meeting may be called by three members of the Planning Commission upon written request to the Secretary or by the Chairperson. The business which the Planning Commission may perform shall be conducted at a public meeting of the Planning Commission held in compliance with the Open meeting Act. Public Notice of the time, date, and place of the special meeting shall be given in a manner as required by the Open Meeting act, and the Secretary or Recording Secretary shall provide notice to commission members by writing, telephone, or e-mail. 3.5 Quorum. In order for the Commission to conduct business or take any official actions, a quorum consisting of at least four of the seven members of the Commission shall be present. When a quorum is not present, no official action, except for the closing of the meeting may take place. The members of the commission may discuss matters of interest, but shall take no action until the next regular or special meeting. All public hearings without a quorum shall be scheduled for the next regular or special meeting and no additional public notice is required provided the date, time and place is announced at the meeting. 3.6 Public Hearings. Hearings shall be scheduled and due notice given in accordance with the provisions of the Acts and Ordinance cited in Section 1. Public hearings conducted by the Planning Commission shall be run in an orderly and timely fashion. This shall be accomplished by the following procedure. 1. The Chair of the Planning Commission shall announce that a public hearing will be conducted on a request. City of Manistee Planning Commission By-Laws and Rules of Procedures Page 2  2. The Chair may read the public hearing announcement as published in the newspaper and give a brief description of the hearing subject and the public notice procedure. 3. The Chair may announce the following hearing rules: a. The Chair will recognize each speaker. When a speaker has the floor, he/she is not to be interrupted unless time has expired. Persons speaking without being recognized shall be out of order. b. Each speaker shall state their name and address for the record and may present written comments for the record. c. Speakers shall address all comments and questions to the Planning Commission and comments will be limited to the subject matter of the Public Hearing. d. Unless waived by the Planning Commission for a specific meeting or a specific speaker, public comment shall be limited to five (5) minutes per speaker, one time only. If a group of people wish to be heard on one subject, a spokesperson may be designated who may request that more than five (5) minutes be permitted for collective comments of the group as presented by that speaker. e. The Chair may require that repetitive comments be limited or abbreviated in the interest of saving time and allowing others to speak. Everyone shall have an opportunity to speak before someone is allowed to speak a second time. f. The Chair may establish additional rules of procedure for particular hearings as he/she determines appropriate. g. Normal civil discourse and decorum is expected at all times. Applause, shouting, outbursts, demonstrations, name-calling or other provocative speech or behavior may result in removal from the hearing or an adjournment. h. Written correspondence received prior to the public hearing shall be provided to Commissioners and made available to the public (as required by MCL 125.3821 (3) and the Michigan Freedom of Information Act), but shall not be publicly read, unless determined otherwise by the Chair. 4. Once all public comments have been stated, the Chair shall close the hearing. Any voting member of the Planning Commission may initiate a motion to close the hearing. 5. Public Hearings may be carried out in the following format: a. The Chair shall open the hearing. b. The Applicant shall present any comments and explanation of the case. Applicant’s presentation shall not be subject to the five (5) minute limitation. c. The City staff and any consultants serving the City shall present their reports. d. The hearing will be opened for public comment. e. The public comment period will be closed. f. Deliberation and discussion by the Planning Commission. g. Disposition of the case by the Planning Commission. 3.7 Motions. Motions shall be restated by the Chair before a vote is taken. The name of the maker and supporter of each motion shall be recorded. 3.8 Voting. An affirmative vote of the majority of those members present shall be required for the approval of any requested action or motion placed before the Commission. Voting shall ordinarily be by voice vote; provided however that a roll call vote shall be required if requested by any Commission member or directed by the Chairperson. All members of the Commission including the Chairperson shall vote on all matters, but the Chairperson shall vote last. City of Manistee Planning Commission By-Laws and Rules of Procedures Page 3  3.9 Order of Business. A written agenda for all regular meetings shall be prepared as follows. The order of business shall be: Call to Order. Roll Call Approval of Agenda Approval of Minutes Public Hearings Public Comment on Agenda related items New Business Old Business Public Comments and Communications Correspondence Staff Reports Members discussion Adjournment A written agenda for special meetings shall be prepared and followed, however the form as enumerated above shall not be necessary. 3.10 Rules of Order. All meetings of the Commission shall be conducted in accordance with generally accepted parliamentary procedure as adopted by City Council for all Boards and Commissions within the City of Manistee. 3.11 Agenda Items. For an item to be considered at a regular Planning Commission meeting, it must be submitted to the City Community Development Planning/ Zoning Department no later than the established policy of the City prior to the next scheduled Planning Commission Meeting. 3.12 Conflict of Interest: Before casting a vote on a matter on which a member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the planning commission. The member is disqualified from voting on the matter if so provided by the bylaws or by a majority vote of the remaining members of the planning commission. 1. As used here, a conflict of interest shall at a minimum include, but not necessarily be limited to, the following: a. A commission member issuing, deliberating, voting or reviewing a case concerning himself. b. A commission member issuing, deliberating, voting or reviewing a case concerning work on land owned by himself. c. A commission member issuing, deliberating, voting or reviewing a case involving a corporation, company, partnership, or other entity in which he is a part owner, or any other relationship where he may stand to have a financial gain or loss. d. A commission member issuing, deliberating, voting or reviewing a case which is an action which results in a pecuniary benefit to himself. e. A commission member issuing, deliberating, voting or reviewing a case concerning his spouse, children, step-child, grandchildren, parents, brother, sister, grandparents, parents in-law, grandparents in-law or member of his household. f. A commission member may consider the possibility of declaring a conflict of interest if his/her home falls within a notification radius used for a Public Hearing. Because City of Manistee Planning Commission By-Laws and Rules of Procedures Page 4  the sending of the notice automatically presumes some degree of interest, this fact should be recognized by declaring a conflict, particularly if a financial impact is likely. g. A commissioner who feels, in his/her judgment that his/her job, scope of duties and/or position may be at risk, pending the outcome of the permitting process. 2. A commission member shall, when he/she has a conflict of interest do the following immediately, upon the first review of the case and determining a conflict exists: a. declare a conflict exists at the beginning of the meeting where the case appears on the agenda, or when the topic brought up so such declaration is recorded in the minutes, and b. refrain from participating in the discussion, site inspection or review of the case, except where specific information has been requested by the commission, and c. refrain from casting a vote on any motion having to do with the case. 4. MINUTES 4.1 Preparation. Commission minutes shall be prepared by the Secretary or Recording Secretary of the Commission. The minutes shall contain a brief synopsis of the meeting, including a complete restatement of all motions and recording votes; complete statement of the conditions or recommendations made on any action; and recording of attendance. All communications, action and resolutions shall be attached to the minutes. 5. OPEN MEETINGS AND FREEDOM OF INFORMATION PROVISIONS 5.1 All meetings of the Commission shall be open to the public and held in a place available to the general public. 5.2 All deliberations and decision of the Commission shall be made at a meeting open to the public. 5.3 A person shall be permitted to address a hearing of the Commission under the rules established in subsection 3.5, and to address the Commission concerning non-hearing matters at the time designated for such comments. 5.4 A person shall not be excluded from a meeting of the Commission except for breach of the peace, committed at the meeting. 5.5 All records, files, publications, correspondences, and other materials are available to the public for reading, copying, and other purposes as governed by the Freedom of Information Act. 6. COMMITTEES 6.1 Executive Committee. The Executive Committee of the Planning Commission shall consist of the Chair, Vice -Chair and Secretary. The Executive Committee shall be the Joint Ordinance Review Committee. 6.2 Committees. The Planning Commission or Chair of the Planning commission may establish and appoint standing and/or ad hoc committees for special purposes or issues, as deemed necessary. No more than three members of the Planning Commission may serve on a City of Manistee Planning Commission By-Laws and Rules of Procedures Page 5  standing and/or ad hoc committee at any given time. Committee appointments shall be made at the first regular meeting held in January of each year or at the time the committee is formed. 6.3 Rules of Procedure. All Sub-committees are subservient to the Planning Commission and report their recommendations to the Planning Commission for review and action and shall be conducted in accordance with generally accepted parliamentary procedure as adopted by City Council for all Boards and Commissions within the City of Manistee. 7. ANNUAL REVIEW OF BY-LAWS The Commission shall annually review their By-Laws at the regularly scheduled meeting in January. 8. AMENDMENTS These rules may be amended by the Commission by a concurring vote subject to subsection 3.7, during any regular meeting, provided that all members have received an advanced copy of the proposed amendments at least three (3) days prior to the meeting at which such amendments are to be considered. I HEREBY CERTIFY that the above Bylaws were adopted the 3rd day of January 2013. _______________________________________ NAME, Secretary As Amended by the Planning Commission at their regularly scheduled meeting of March 5, 2009. [Amendments included requirements of the new Michigan Zoning Enabling Act and Michigan Planning Enabling Act.] [Annotation: As approved by the City Council at their June 2, 2009 Meeting - Council authorized the bylaw amendments for all Boards and Commissions to include the new Board Absences language; directed all boards or commissions to implement and follow these changes as Council has requested; and authorized the Mayor to sign the amended bylaws.] [Annotation: Section 3.9 Order of Business was amended at the January 6, 2011 Planning Commission Meeting by adding “Public Comment on Agenda related items” after Public Hearings] [Annotation: Section 3.9 Order of Business was amended at the January 6, 2011 Planning Commission Meeting by adding “Public Comment on Agenda related items” after Public Hearings] [Annotation: on January 3, 2013 the Planning Commission amended the first sentence of Section 3.5 Quorum as follows: In order for the Commission to conduct business or take any official actions, a quorum consisting of at least five four of the nine seven members of the Commission shall be present.] Annotation: on January 3, 2013 the Planning Commission amended the second sentence of Section 6.2 Committees as follows: No more than four three members of the Planning Commission may serve on a standing and/or ad hoc committee at any given time.] Approved by the City of Manistee Council ____________________________________ Date ____________________________________ Roger Zielinski, Mayor City of Manistee Planning Commission By-Laws and Rules of Procedures Page 6 Planning Commission Zachary Sompels 6/17/2021 Manistee County Planner 395 3rd St. City of Manistee Planning Commission Members Manistee, MI 49660 70 Maple Street 231.723.6041 planning@manisteecountymi.gov Manistee, MI 49660 www.manisteemi.gov Dear Planning Commission Members, I would like to address some logistics issues that will help the Planning Department be more efficient and effective moving forward. Previously, when an applicant would indicate that their Lumen Plan would adhere to Section 525 Outdoor Lighting Requirements of the City of Manistee Zoning Ordinance, it would be conditionally approved without a presented Site Plan. The problem with this action is that the Planning Department has no way to measure whether the lighting on a parcel has met the requirements. Moving forward, the Planning Department feels that the best course of action is to only approve Site Plans, that include a Lumen Plan, when required by the magnitude of the project. By doing so, this gives justifiable evidence on Site Plans for lighting requirements prior to approval. The alternative to this requirement is for the City to provide the Zoning Administrator with a Light/ Lumen Meter that can measure light at property lines for the sake of enforcement. Please let me know if you have any questions or need further clarification. Sincerely, Zachary Sompels Manistee County Planner Planning Commission Zachary Sompels 6/23/2021 Manistee County Planner 395 3rd St. City of Manistee Planning Commission Members Manistee, MI 49660 70 Maple Street 231.723.6041 planning@manisteecountymi.gov Manistee, MI 49660 www.manisteemi.gov Dear Planning Commission Members, I would like to address some logistics issues that will help the Planning Department be more efficient and effective moving forward. The creation of a Lot Line Adjustment form will help both the City Assessor and the Planning Department facilitate parcel combinations and splits easier and faster. When the owner of two adjacent lots wishes to expand one or the other, they would be able to do this with a Lot Line Adjustment form rather than having to do a Parcel Split and then Combination. This also helps to facilitate the Land Division Act and keep better records throughout the City. Please let me know if you have any questions or need further clarification. Sincerely, Zachary Sompels Manistee County Planner